H-3297.3 _______________________________________________
HOUSE BILL 2556
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Grant, Neher, Ogden, Tate, Leonard, Padden, Paris and Brough
Read first time 01/22/92. Referred to Committee on Human Services.
AN ACT Relating to public assistance coverage of funeral expenses of a deceased person; and amending RCW 68.50.160 and 74.08.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 68.50.160 and 1943 c 247 s 29 are each amended to read as follows:
The right to control the disposition of the remains of a deceased person, unless other directions have been given by the decedent, vests in, and the duty of interment and the liability for the reasonable cost of preparation, care, and interment of such remains devolves upon the following in the order named:
(1) The surviving spouse.
(2) The surviving children of the decedent.
(3) The surviving parents of the decedent.
The liability for the reasonable cost of preparation, care, and interment devolves jointly and severally upon all kin of the decedent hereinbefore mentioned in the same degree of kindred and upon the estate of the decedent.
Sec. 2. RCW 74.08.120 and 1987 c 75 s 39 are each amended to read as follows:
The
term "funeral" shall mean the mortuary services needed for the
proper preparation, ((transportation within the local service area defined
by the department,)) preservation, and care of the remains of a
deceased person with needed facilities and appropriate memorial services. "Transportation"
shall mean transport of a body from place of death to mortuary and
transportation to place of disposition, within the service area defined by the
department. "Burial" includes necessary costs of a lot or
cremation and disposition site, and all services related to interment
and the ((customary)) minimal memorial marking of a grave.
The
department is hereby authorized to assume responsibility for payment for the
funeral, transportation, and burial of deceased persons dying without
assets sufficient to pay for the minimum standard ((funeral)) services
herein provided: PROVIDED, HOWEVER, That the secretary may furnish funeral
assistance for deceased recipients if they leave assets to a surviving spouse
and/or to minor children and if the assets are resources permitted to be owned
by or available to an eligible applicant or recipient under RCW 74.04.005, and
the department shall thereby have a lien against said assets as provided in RCW
43.20B.120. If the deceased person is survived by a spouse ((or is a minor
child survived by his)), parent or parents, or children, the
department may take into consideration the assets of such surviving spouse,
parent, ((or)) parents, or children in determining whether or not
the department will assume responsibility for the funeral, transportation,
or burial costs.
The
department shall not pay more than cost for ((a)) minimum standard
services rendered by each vendor. Payments to the funeral director and
to the cemetery or crematorium will be made by separate vouchers. The standard
of such services and the uniform amounts to be paid shall be determined by the
department after giving due consideration to such advice and counsel as it
shall obtain from the trade associations of the various vendors and related
state departments, agencies, and commissions. Payment made for any funeral,
transportation, or burial service by relatives, friends, or any other third
party above a donation level established by the department for such items as
flowers, ministerial services, or music shall be subtracted from the
payment made by the department.