If enacted, HB 646 will revert the state laws concerning the regulation of cemetery authorities and their exemption from bonding and fee requirements. Under the proposed bill, the Director of Commerce and Consumer Affairs would need to ensure that any cemetery authority seeking exemption can provide satisfactory proof that it does not operate for financial profit. This shift indicates a return to tighter controls and oversight over cemetery practices, with the objective of ensuring that the original intent of the law to provide affordable options is upheld.
Summary
House Bill 646 seeks to repeal Act 22 from the Session Laws of Hawaii 2020, which was initially aimed at reducing funeral costs for parishioners by providing certain exemptions to churches and nonprofit cemeteries. The legislature recognizes that while Act 22 intended to alleviate financial pressures on these organizations, the actual costs associated with providing burial services have increased, making them less affordable than originally intended. This suggests that the implementation of Act 22 did not meet its objectives fully and some religious institutions have been unable to maintain affordable funeral services.
Contention
The main points of contention surrounding HB 646 arise from concerns over the implications for churches and nonprofit cemeteries that may struggle to adapt to these changes. Some stakeholders are likely to view the repeal of Act 22 as a setback in efforts to provide affordable burial options, leading to debates on the balance between regulation and the financial viability of church-operated cemeteries. Opponents might argue that increased regulatory burden could further drive up costs for local parishioners, contrary to the bill's aim.