Hawaii Revised Statutes, Chapter 110 — State-Owned Cemeteries

Division 1. Government — Title 9. Public Property, Purchasing and Contracting

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).

Division 1 Government

Title 9 Public Property, Purchasing and Contracting

Chapter 110 State-Owned Cemeteries

§110-1 Responsibility for state-owned cemeteries

The comptroller shall be responsible for the operation, maintenance, improvement, redevelopment, and disposal of state-owned cemeteries; for the determination of ownership of plots therein; and for the proper maintenance of records pertaining to the cemeteries, including cemetery plot plans, and records of plot ownership, interments, and disinterments.

[L 1987, c 368, pt of §2]

§110-2 Powers and duties of the comptroller

In carrying out the responsibility assigned by this chapter, the comptroller may:

(1) Adopt rules pursuant to chapter 91 to establish policies and rules governing the use of state-owned cemeteries, including, but not limited to, establishment of fees and charges, recordkeeping, entitlement to and procedures for interments and disinterments, the maintenance of order and security, placement and relocation of graves and grave markers, and kinds of markers that may be allowed;

(2) Determine, on the basis of evidence provided by claimants, ownership of or interest in cemetery plots and entitlement to interment and disinterment;

(3) Enter into agreements with churches, cemetery associations, and other not-for-profit organizations for the use of property within any state-owned cemetery; provided that the agreements shall specify the responsibilities of the organization for maintenance, care, and security of property, fees that may be charged members of the organization, the maintenance of such records as the comptroller may deem necessary, and such other requirements as the comptroller may impose;

(4) Redevelop cemeteries for other public purposes, and take such action as may be deemed necessary to reduce the number of state-owned cemeteries or to reduce the size of existing state-owned cemeteries;

(5) Contract for services necessary for the maintenance, improvement, redevelopment, or disposal of cemeteries; for the disinterment and relocation of remains; and for any other services as may be deemed necessary by the comptroller;

(6) Delegate to one or more subordinates authority to manage and maintain state-owned cemeteries;

(7) Hire temporary personnel exempt from chapter 76 to carry out management or maintenance functions; and

(8) Take such actions as the comptroller may deem necessary.

[L 1987, c 368, pt of §2; am L 2000, c 253, §150]

§110-3 Removal of remains; public hearing and other requirements

The comptroller may disinter and relocate remains in any state-owned cemetery or between state-owned cemeteries to improve, redevelop, or reduce the size of any state-owned cemetery, or to facilitate the subsequent disposition of any state-owned cemetery; provided that:

(1) Before disinterring any remains, the comptroller shall hold at least one public hearing to afford the public an opportunity to review the plans to improve, redevelop, reduce the size of, or dispose of the cemetery and to submit comments and views on the proposed project; and

(2) The comptroller shall notify in writing the known relative of a deceased person whose remains are to be disinterred and relocated of the public hearing required by paragraph (1); if the relatives of the deceased are unknown the comptroller shall give at least one public notice of the public hearing statewide.

[L 1987, c 368, pt of §2; am L 1998, c 2, §31]

§110-4 Disposition of real property

Any state-owned cemetery, or any part thereof, which is cleared of the remains of deceased persons and is no longer needed as a cemetery shall be offered to the county in which the cemetery is located for use as a public park. If the county does not accept the vacated property for use as a public park, the property shall be transferred to the control of the department of land and natural resources for disposition in accordance with applicable law.

[L 1987, c 368, pt of §2]