ENGROSSED SUBSTITUTE SENATE BILL 5759



State of Washington              52nd Legislature             1991 Regular Session


By Senate Committee on Commerce & Labor (originally sponsored by Senator Rasmussen).


Read first time March 6, 1991.Revising provisions regulating funeral directors, embalmers, and crematories.

     AN ACT Relating to regulation of funeral directors, embalmers, and crematories; amending RCW 18.39.290 and 68.50.180; and adding a new section to chapter 18.39 RCW.




     Sec. 1.  RCW 18.39.290 and 1986 c 259 s 69 are each amended to read as follows:

     All certificates of registration issued pursuant to this chapter shall continue in force until the expiration date unless suspended or revoked.  A certificate shall be subject to renewal annually ninety days after the end of its fiscal year, as stated on the original application, by the funeral establishment and payment of the required fees.

     The director shall determine and collect fees related to certificate of registration licensure.

     All fees so collected shall be remitted by the director to the state treasurer not later than the first business day following receipt of such funds and the funds shall be credited to the ((health professions)) funeral directors and embalmers account.


     NEW SECTION.  Sec. 2.  A new section is added to chapter 18.39 RCW to read as follows:

     The funeral directors and embalmers account is created in the custody of the state treasurer.  All fees received by the department for licenses, registrations, renewals, examinations, and audits shall be forwarded to the state treasurer who shall credit the money to the account.  All fines and civil penalties ordered by the superior court or fines ordered pursuant to RCW 18.130.160(8) against holders of licenses or registrations issued under the provisions of this chapter shall be paid to the account.  All expenses incurred in carrying out the licensing and registration activities of the department and the state funeral directors and embalmers board under this chapter shall be paid from the account as authorized by legislative appropriation.  Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the biennium.  All earnings of investments of balances in the account shall be credited to the general fund.


     Sec. 3.  RCW 68.50.180 and 1979 c 21 s 14 are each amended to read as follows:

     The cemetery authority may inter or cremate any remains upon the receipt of a written authorization of a person representing himself to be a person who has acquired the right to control the disposition of the remains.  A cemetery authority is not liable for interring or cremating pursuant to such authorization, unless it has actual notice that such representation is untrue.

     In the event the state of Washington or any of its agencies provide the funds for the disposition of any remains and the state or its agency elects to provide the funds for cremation only, the ((cemetery authority)) crematory shall not be criminally or civilly liable for cremating the remains.

     If the provisions of RCW 68.50.160 do not apply, a crematory licensed under the provisions of RCW 68.05.175 or 18.39.217 shall have the right to rely on an authority to cremate executed by a representative of the decedent or the decedent's estate, and the crematory shall not be criminally or civilly liable for cremating the remains.