FINAL BILL REPORT

SHB 450

                                  C 331 L 87

BYHouse Committee on State Government (originally sponsored by Representatives H. Sommers and B. Williams; by request of  Governor Gardner)

Revising and reorganizing laws pertaining to the cemetery board.

House Committe on State Government

Senate Committee on Governmental Operations

SYNOPSIS AS ENACTED

BACKGROUND:

The Cemetery Board, created in 1953, consists of six members appointed by the governor who serve staggered four-year terms. The board employs one staff person, who is exempt from civil service.

The board is responsible for administering and enforcing laws pertaining to cemeteries, morgues and human remains.  It issues certificates of authority and has substantial oversight and monitoring responsibility for cemetery trust funds and reports.  It examines pre-arrangement trust and endowment care funds and receives and examines annual reports from each cemetery authority.  The board sets an annual regulatory charge that is limited in statute for cemeteries' authorities.

The board has the authority to hold disciplinary hearings, administer oaths and refer evidence regarding violations of its rules or state law to the attorney general or the appropriate prosecuting attorney for prosecution.

The Legislative Budget Committee has conducted a sunset review of the Cemetery Board and included recommendations that: (1) the Cemetery Board continue as currently constituted; however, if placed within another agency, it should retain its organizational identity; (2) enabling legislation be amended to provide for greater administrative authority to protect trust funds; and (3) the board increase its range of disciplinary options.

SUMMARY:

Administrative functions of the Cemetery Board are transferred to the Department of Licensing.  The department provides staff for the board and sets all fees and charges.  The authority of the board to employ staff is deleted.

The board retains its current policy-making character.  It will continue to adopt rules, investigate complaints, grant or deny permits and licenses, and impose penalties and sanctions and take other corrective action.

The board has added authority to protect trust funds by allowing the board to immediately seize funds that are in jeopardy.  Criminal penalties and consumer protection remedies are expanded.

VOTES ON FINAL PASSAGE:

      House 96   0

      Senate    48     0

EFFECTIVE:July 1, 1987