THE SENATE

S.C.R. NO.

52

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING THE CONVENING OF A SUNSET MEMORIAL PARK WORKING GROUP TO STUDY POTENTIAL SOLUTIONS AND MAKE RECOMMENDATIONS FOR A LONG-TERM MANAGEMENT PLAN, FOR SUNSET MEMORIAL PARK.

 

 

 


     WHEREAS, Sunset Memorial Park in Pearl City, Oahu, has been neglected for years and has been the subject of numerous complaints by people who have family members buried there; and

 

     WHEREAS, the years of neglect have led to a damaged mausoleum, sinking graves, and overgrown grass and bushes that cover up hundreds of graves, making it nearly impossible to access some graves; and

 

     WHEREAS, due to the lack of security, Sunset Memorial Park is often the target of vandalism, with thieves displacing ashes from copper urns to sell the urns and homeless encampments accidentally setting fire to the area; and

 

     WHEREAS, the company that owns Sunset Memorial Park involuntarily dissolved in 2006 and the company's owner passed away in 2011, leaving the property in legal limbo; and

 

     WHEREAS, since the passing of the property's owner, maintenance of Sunset Memorial Park has relied solely on volunteers to clean up and care for the cemetery; and

 

     WHEREAS, the Legislature enacted Act 193, Session Laws of Hawaii 2018 (Act 193), in response to the overwhelming number of volunteers at Sunset Memorial Park, to limit liability for volunteers maintaining or repairing cemetery grounds; and

 

     WHEREAS, Act 193 further required the Department of Commerce and Consumer Affairs, in consultation with the Department of Accounting and General Services, to develop short-term and long-term strategies for the upkeep, repair, and maintenance of Sunset Memorial Park; and

 

     WHEREAS, as a result of Act 193, the Department of Commerce and Consumer Affairs worked with a surveyor to map the cemetery and create a website and database to help identify graves at Sunset Memorial Park; and

 

     WHEREAS, the report from the Department of Commerce and Consumer Affairs concluded that once inventory and mapping of the cemetery are complete, the Department will explore viable long-term options for the cemetery, such as deeming Sunset Memorial Park as a dissolved corporation under state law, exercising certain powers to settle any unfinished business and affairs of the cemetery, and distributing the cemetery's assets after identifying those with a legal interest in the cemetery; and

 

     WHEREAS, almost five years have passed since the enactment of Act 193; and

 

     WHEREAS, although the Department of Commerce and Consumer Affairs has created a website and database to facilitate grave identification and has explored options for the cemetery, there is still no long-term plan or legal and physical solution for the issues at the cemetery; and

 

     WHEREAS, the dilapidated, unsightly state of Sunset Memorial Park is of great concern for the families whose loved ones are buried there and the surrounding community; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the House of Representatives concurring, that a Sunset Memorial Park Working Group is requested to be convened to:

 

     (1)  Study potential solutions for the legal and physical situation at Sunset Memorial Park and make recommendations for a long-term management plan; and

 

     (2)  Follow up with the Department of Commerce and Consumer Affairs on any developments since the enactment of Act 193; and

 

     BE IT FURTHER RESOLVED that the Sunset Memorial Park Working Group is requested to comprise the following members:

 

     (1)  One member of the Senate, selected by the President of the Senate, who shall serve as Co-Chairperson of the Working Group;

 

     (2)  One member of the House of Representatives, selected by the Speaker of the House of Representatives, who shall serve as Co-Chairperson of the Working Group;

 

     (3)  The Director of Commerce and Consumer Affairs, or the Director's designee;

 

     (4)  The Comptroller, or the Comptroller's designee;

 

     (5)  The Attorney General, or the Attorney General's designee;

 

     (6)  One member from the Pearl City Neighborhood Board, selected by the Co-Chairpersons; and

 

     (7)  One member from Friends for Sunset Memorial Park Cemetery, selected by the Co-Chairpersons; and

 

     BE IT FURTHER RESOLVED that the Sunset Memorial Park Working Group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2024; and

 

     BE IT FURTHER RESOLVED that the Department of Commerce and Consumer Affairs is requested to prepare the report and provide any necessary administrative support to the Sunset Memorial Park Working Group; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Commerce and Consumer Affairs, Comptroller, Attorney General, Chair of the Pearl City Neighborhood Board, and Friends for Sunset Memorial Park Cemetery.

Report Title: 

Sunset Memorial Park; Study; Long-Term Management Plan