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SUBSTITUTE
SENATE BILL 5026
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Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read
first time 01/27/93.
Revising provisions regulating funeral directors, embalmers, and
crematories.
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. Any fund balance remaining in the health professions account
attributable to the funeral director and embalmer professions as of the
effective date of this act shall be transferred to the funeral directors and
embalmers account.
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 or licensed funeral establishment shall not be criminally or
civilly liable for cremating the remains.
If a cemetery authority with a permit issued
under RCW 68.05.175 or a funeral establishment licensed under chapter 18.39 RCW
has made a good faith effort to locate the persons cited in RCW 68.50.160 or
the legal representative of the decedent's estate, the cemetery authority or
funeral establishment shall have the right to rely on an authority to cremate
executed by the most responsible party available, and the cemetery authority or
funeral establishment shall not be criminally or civilly liable for cremating
the remains.
