§441-1  Definitions.  As used in this
chapter:



"Cemetery" means any property, or
part interest therein, dedicated to and used or intended to be used for the
permanent interment of human remains.  It may be a burial park with one or more
plots, for earth interment; a mausoleum with one or more vaults or crypt
interments; a structure or place with one or more niches, recesses, or other
receptacles for the interment of cremated remains, or any combination of one or
more thereof.



"Cemetery authority" means any person
who undertakes to establish, maintain, manage, operate, improve, or conduct a
cemetery to inter human remains; or offers perpetual care of the cemetery; or
sells or holds money in trust for pre-need interment services, whether or not
the person undertakes such activity for profit; provided that this shall not
apply to the designated trustee of the funds.



"Cemetery property" means any
property, or part or interest therein, dedicated to, used or intended to be
used for, the permanent interment of human remains.  It may be a plot or plots
in a burial park for earth interment; a place or places in a mausoleum for
vault or crypt interment; one or more niches, recesses, or other receptacles
for the interment of cremated remains; or any combination of one or more
thereof.



"Department" means the department of
commerce and consumer affairs.



"Director" means the director of the
department of commerce and consumer affairs.



"Funeral services" means arranging
for or providing for pick up of human remains, embalming, placing the same on
display, or otherwise providing for final disposition of human remains.



"Interment" means the disposition of
human remains by cremation and inurnment, entombment, or burial in a place
used, or intended to be used, and dedicated for cemetery purposes.



"Mausoleum crypt" means a chamber or
space in a structure or building of sufficient size, used or intended to be
used, to entomb human remains.



"Mortuary authority" means any person
who undertakes to furnish funeral services and related commodities.



"Niche" means a recess of space in a
structure or plot of earth used or intended to be used for the permanent
inurnment therein of the cremated remains of one or more deceased persons.



"Perpetual care" by whatever term
denominated by a cemetery authority, including but not limited to endowment
care, endowment fund care, and free maintenance, means keeping the sod in
repair, keeping all places wherein interments have been made in proper order,
caring for the trees and shrubs, and the general maintenance, care,
preservation and embellishment of a cemetery, regularly and continually without
limitation as to time.



"Perpetual care cemetery" means any
cemetery or section of a cemetery, the plots, crypts, or niches of which are
sold or disposed of, or are offered for sale or disposition, upon the
representation that the plots, crypts, or niches will receive perpetual care.



"Perpetual care fund" means a fund
separately maintained to provide for the perpetual care of a cemetery in
conformity with this chapter.



"Person" means an individual,
partnership, corporation, county, association, or any other group however
organized.



"Plot" means a grave or space in a
cemetery sold or otherwise disposed of to one or more persons, used or intended
to be used, for the permanent interment therein of the remains of one or more
deceased persons.



"Pre-need funeral authority" means
any person who is engaged in the business of selling pre-need funeral services,
or holds money in trust to provide for future funeral services; provided that
this shall not apply to the designated trustee of the funds.



"Pre-need funeral service" means
arranging for the pick up of human remains, embalming, placing the same on
display, furnishing of funeral services and related commodities, including but
not limited to caskets and urns, or otherwise providing for the final
disposition of human remains, which services are to be rendered at some future
date.



"Pre-need interment services" means
the furnishing of opening and closing services and related commodities,
including but not limited to vaults, markers, and vases, which services are to
be rendered at some future date.



"Pre-need trust" means a fund
separately maintained to provide for the future services agreed to or
contracted for by the pre-need funeral service plan participant or the pre-need
interment service plan participant.



"Trustee" means a bank or a trust
company, authorized to transact such business in the State, or a board of
trustees appointed by the governing body of the cemetery and pre-need funeral
authority, designated as trustee pursuant to a written trust agreement under
the terms of this chapter for the funds deposited by an authority.  The board
of trustees may consist of three or more members; provided that no member of
the board shall be affiliated with the authority which appointed the board. [L
1967, c 199, pt of §1; HRS §441-1; am L 1969, c 242, §1; am L 1975, c 21, §2;
am L 1981, c 221, §2; am L 1982, c 204, §8; am L 1985, c 101, §1]