BP BHEAD INT S

AN ACT Relating to regulation of funeral directors, embalmers, and crematories; amending RCW 18.39.290, 68.05.100, 68.05.205, and 68.50.180; and adding a new section to chapter 18.39 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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 68.05.100 and 1987 c 331 s 9 are each amended to read as follows:

The board may establish necessary rules and regulations for the enforcement of this title and the laws subject to its jurisdiction and prescribe the form of statements and reports provided for in this title. Rules regulating the cremation of human remains and establishing ((~~fees and~~)) permit requirements shall be adopted in consultation with the state board of funeral directors and embalmers.

Sec. 4. RCW 68.05.205 and 1987 c 331 s 16 are each amended to read as follows:

((Every cemetery authority shall pay for each cemetery operated by it, an annual regulatory charge to be fixed by the director of not more than three dollars per interment, entombment, and inurnment made during the preceding full calendar year, which charges shall be deposited in the cemetery account. Upon payment of said charges and compliance with the provisions of Title 68 RCW and the lawful orders, rules, and regulations of the board, the board will issue a certificate of authority.)) The director with the consent of the cemetery board shall set all fees for chapters 68.05, 68.20, 68.24, 68.28, 68.32, 68.36, 68.40, 68.44, and 68.46 RCW in accordance with RCW 43.24.086, including fees for licenses, certificates, regulatory charges, permits, or endorsements, and the department shall collect the fees.

Sec. 5. 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.