H-4633.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 2874

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By House Committee on Human Services (originally sponsored by Representatives Winsley, Grant, Tate, Ogden, Neher, Leonard, Padden, Paris, Brough, Basich and Mitchell)

Read first time 02/07/92.  Modifying the department of social and health services financial responsibility for funeral expenses of eligible persons.

     AN ACT Relating to funeral expenses of a deceased person; amending RCW 68.50.160 and 74.08.120; and adding a new section to chapter 74.08 RCW.

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)) disposition and the liability for the reasonable cost of ((interment)) preparation, care, and disposition 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 ((interment)) preparation, care, and disposition 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.  "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 and ((burial)) disposition 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 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 or ((burial)) disposition 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.

NEW SECTION. Sec. 3.  A new section is added to chapter 74.08 RCW to read as follows:

     In addition to the authority under RCW 74.08.120 to assume responsibility for payment of the funeral and disposition of deceased persons, the department is authorized to assume responsibility for payment for the transportation of deceased persons.  Payment made for transportation by relatives, friends, or any other third party above a donation level established by the department shall be subtracted from the payment made by the department.  For the purposes of this section, "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.