HR30

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 a long-term plan or solution regarding Sunset Memorial Park is still not in place; 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 House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Legislative Reference Bureau is requested to study potential solutions for the legal and physical situation at Sunset Memorial Park and make recommendations for a long-term management plan; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to 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 in conducting the study, the Legislative Reference Bureau is requested to consult with the following:

(1) The Department of Commerce and Consumer Affairs;

(2) The Department of Accounting and General Services;

(3) The Department of the Attorney General;

(4) The Pearl City Neighborhood Board (District 21);

(5) Friends for Sunset Memorial Park Cemetery;

(6) Members of the community who have family buried at Sunset Memorial Park; and

(7) Any other entity or individual the Bureau deems necessary to complete the study; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau 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 certified copies of this 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.

	OFFERED BY:	_____________________________

Report Title:

Sunset Memorial Park; LRB; Study; Long-Term Management Plan

HOUSE OF REPRESENTATIVES	H.R. NO.	30
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII