Z-0524.1 _______________________________________________
SENATE BILL 5416
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Senators Goings and Patterson; by request of Governor Lowry
Read first time 01/24/97. Referred to Committee on Government Operations.
AN ACT Relating to the elimination and consolidation of boards and commissions; amending RCW 18.39.010, 18.39.173, 18.39.175, 18.39.217, 18.39.300, 18.39.800, 68.05.020, 68.05.095, 68.05.105, 68.05.175, 68.05.195, 68.05.205, 68.05.285, 68.24.090, 68.40.040, 68.44.115, 68.46.010, 68.46.040, 68.46.090, 68.46.110, 68.46.130, 68.50.165, 68.50.230, 68.60.030, 68.60.050, 68.60.060, 18.135.030, 19.16.100, 19.16.360, 19.16.380, 19.16.420, 43.43.705, 43.43.785, and 43.43.800; reenacting and amending RCW 18.39.145; adding a new section to chapter 18.39 RCW; creating new sections; repealing RCW 68.05.040, 68.05.050, 68.05.060, 68.05.080, 68.05.100, 19.16.280, 19.16.290, 19.16.300, 19.16.310, 19.16.320, 19.16.330, 19.16.340, 19.16.351, 28C.20.010, 28C.20.020, 28C.20.030, 43.43.790, 43.43.795, and 42.17.261; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART 1
FUNERAL AND CEMETERY BOARD
Sec. 1. RCW 18.39.010 and 1989 c 390 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1)
"Funeral director" means a person engaged in the profession or business
of ((conducting)) providing for the care, shelter, transportation,
and arrangements for the disposition of human remains that may include
arranging and directing funeral((s and supervising or directing the
burial and disposal of dead human bodies)), memorial, or other services.
(2)
"Embalmer" means a person engaged in the profession or business of ((disinfecting,
preserving or preparing for disposal or transportation of dead human bodies))
disinfecting and preserving human remains for transportation or final
disposition.
(3) "Two-year college course" means the completion of sixty semester hours or ninety quarter hours of college credit, including the satisfactory completion of certain college courses, as set forth in this chapter.
(4)
"Funeral establishment" means ((a place of business licensed in
accordance with RCW 18.39.145, conducted at a specific street address or
location, and devoted to)) an entity, licensed in accordance with RCW
18.39.145, that provides for any aspect of the care ((and preparation
for burial or disposal of dead)), shelter, transportation, embalming,
preparation, and arrangements for the disposition of human ((bodies))
remains and includes all areas of such ((business premises)) entity
and all ((tools,)) equipment, instruments, and supplies used in the
preparation, care, shelter, transportation, and embalming of ((dead))
human ((bodies for burial or disposal)) remains.
(5) "Director" means the director of licensing.
(6)
"Board" means the ((state)) funeral and cemetery board
((of funeral directors and embalmers)) created pursuant to RCW
18.39.173.
(7) "Prearrangement funeral service contract" means any contract under which, for a specified consideration, a funeral establishment promises, upon the death of the person named or implied in the contract, to furnish funeral merchandise or services.
(8) "Funeral merchandise or services" means those services normally performed and merchandise normally provided by funeral establishments, including the sale of burial supplies and equipment, but excluding the sale by a cemetery of lands or interests therein, services incidental thereto, markers, memorials, monuments, equipment, crypts, niches, or vaults.
(9) "Qualified public depositary" means a public depositary defined by RCW 39.58.010, a credit union as governed by chapter 31.12 RCW, a mutual savings bank as governed by Title 32 RCW, a savings and loan association as governed by Title 33 RCW, or a federal credit union or a federal savings and loan association organized, operated, and governed by any act of congress, in which prearrangement funeral service contract funds are deposited by any funeral establishment.
Words used in this chapter importing the singular may be applied to the plural of the person or thing, words importing the plural may be applied to the singular, and words importing the masculine gender may be applied to the female.
Sec. 2. RCW 18.39.145 and 1986 c 259 s 61 and 1985 c 7 s 40 are each reenacted and amended to read as follows:
The
board shall issue a funeral establishment license to any person, partnership,
association, corporation, or other organization to operate a funeral
establishment((, at specific locations only,)) which has met the
following requirements:
(1)
The applicant has designated the name under which the funeral establishment
will operate and has designated the location((s)) for which the
((general)) funeral establishment license is to be issued and
the locations for which any branch funeral establishment licenses are to be
issued;
(2) The applicant is licensed in this state as a funeral director and as an embalmer, or employs at least one person with both such qualifications or one licensed funeral director and one embalmer who will be in service at each designated location;
(3) The applicant has filed an application with the director as required by this chapter and paid the required filing fee therefor as fixed by the director pursuant to RCW 43.24.086;
(4) As a condition of applying for a new funeral establishment license, the person or entity desiring to acquire such ownership or control shall be bound by all then existing prearrangement funeral service contracts.
The board may deny an application for a funeral establishment license, or issue a conditional license, if disciplinary action has previously been taken against the applicant or the applicant's designated funeral director or embalmer. No funeral establishment license shall be transferable, but an applicant may make application for more than one funeral establishment license so long as all of the requirements are met for each license. All funeral establishment licenses shall expire on June 30, or as otherwise determined by the director.
Sec. 3. RCW 18.39.173 and 1977 ex.s. c 93 s 8 are each amended to read as follows:
((There
is hereby established a state board of funeral directors and embalmers to be
composed of five members appointed by the governor in accordance with this
section, one of whom shall be a public member. The three members of the state
examining committee for funeral directors and embalmers, which was created
pursuant to RCW 43.24.060, as of September 21, 1977 are hereby appointed as
members of the board to serve for initial terms. The governor shall appoint
two additional members of the board. Each professional member of the board
shall be licensed in this state as a funeral director and embalmer and a
resident of the state of Washington for a period of at least five years next
preceding appointment, during which time such member shall have been
continuously engaged in the practice as a funeral director or embalmer as
defined in this chapter. No person shall be eligible for appointment to the
board of funeral directors and embalmers who is financially interested,
directly or indirectly, in any embalming college, wholesale funeral supply
business, or casket manufacturing business.
All
members of the board of funeral directors and embalmers shall be appointed to
serve for a term of five years, to expire on July 1 of the year of termination
of their term, and until their successors have been appointed and qualified:
PROVIDED, That the governor is granted the power to fix the terms of office of
the members of the board first appointed so that the term of office of not more
than one member of the board shall terminate in any one year. In case of a
vacancy occurring on the board, the governor shall appoint a qualified member
for the remainder of the unexpired term of the vacant office. Any member of
the board of funeral directors and embalmers who fails to properly discharge
the duties of a member may be removed by the governor.)) A
funeral and cemetery board is created to consist of nine members to be
appointed by the governor in accordance with this section. The three funeral
director and embalmer members of the board of funeral directors and embalmers
whose terms expire after 1997 are hereby appointed to serve for initial terms
with their year of expiration of term remaining the same. The two members of
the cemetery board who have had experience in this state in the active
administrative management of a cemetery authority or as a member of the board
of directors of a cemetery authority whose terms expire after 1997 are hereby
appointed to serve for initial terms with their year of expiration of term
remaining the same. A third member who has had experience in this state in the
active administrative management of a cemetery authority or as a member of the
board of directors of a cemetery authority shall be appointed with a term to
expire in 2001. Three public members shall be appointed with terms to expire
in 1999, 2000, and 2001. These appointments may cause no more than three terms
to expire in any given year.
A member of the board must be appointed to serve for a term of four years, to expire on July 1st of the year of termination of the member's term. A member shall hold office until the expiration of the term for which the member is appointed or until a successor has been appointed and qualified. In case of a vacancy occurring on the board, the governor shall appoint a qualified member for the remainder of the unexpired term of the vacant office. A member of the board who fails to properly discharge the duties of a member may be removed by the governor.
Three members of the board must be persons who have had experience in this state in the active administrative management of a cemetery authority or as a member of the board of directors of a cemetery authority for a period of five years preceding appointment. Three members of the board must each be licensed in this state as funeral directors and embalmers and must have been continuously engaged in the practice as funeral directors and embalmers for a period of five years preceding appointment. Three members must represent the general public and may not have a connection with the funeral or cemetery industry. Two of these public members shall be persons who have professional, legal, accounting, or trust investment experience that is relevant to the duties of the board. A member of the board must have been a resident of the state of Washington for a period of at least five years preceding appointment.
The
board shall meet once annually to conduct its business and to elect a ((chairman))
chair, vice ((chairman)) chair, and ((secretary and
take official board action on pending matters by majority vote of all the
members of the board of funeral directors and embalmers)) such other
officers as the board determines, and at other times when called by the
director, the ((chairman)) chair, or a majority of the members.
A majority of the members of ((said)) the board ((shall))
at all times constitutes a quorum. A quorum of the board to consider
any charges brought under this chapter shall include two of the funeral
director and embalmer members of the board. A quorum of the board to consider
any charges brought under Title 68 RCW shall include two of the members who
have had experience in the active administrative management of a cemetery
authority.
A member of the board shall be compensated in accordance with RCW 43.03.240 and shall receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.
Sec. 4. RCW 18.39.175 and 1996 c 217 s 6 are each amended to read as follows:
((Each
member of the board of funeral directors and embalmers shall be compensated in
accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in
connection with board duties in accordance with RCW 43.03.050 and 43.03.060.))
The
((state)) board ((of funeral directors and embalmers shall have))
has the following duties and responsibilities under this chapter:
(1) To be responsible for the preparation, conducting, and grading of examinations of applicants for funeral director and embalmer licenses;
(2) To certify to the director the results of examinations of applicants and certify the applicant as having "passed" or "failed";
(3) To make findings and recommendations to the director on any and all matters relating to the enforcement of this chapter;
(4)
To adopt((, promulgate,)) and enforce reasonable rules((. Rules
regulating the cremation of human remains and permit requirements shall be
adopted in consultation with the cemetery board));
(5) To examine or audit or to direct the examination and audit of prearrangement funeral service trust fund records for compliance with this chapter and rules adopted by the board; and
(6) To adopt rules establishing mandatory continuing education requirements to be met by persons applying for license renewal.
Sec. 5. RCW 18.39.217 and 1985 c 402 s 7 are each amended to read as follows:
A
permit or endorsement issued by the board or under chapter 68.05 RCW is
required in order to operate a crematory or conduct a cremation. Conducting a
cremation without a permit or endorsement is a misdemeanor. Each such
cremation is a separate violation. ((Crematories owned or operated by or
located on property licensed as a funeral establishment shall be regulated by
the board of funeral directors and embalmers. Crematories not affiliated with
a funeral establishment shall be regulated by the cemetery board.))
Sec. 6. RCW 18.39.300 and 1989 c 390 s 7 are each amended to read as follows:
In
addition to the grounds for action set forth in RCW ((18.130.170 and
18.130.180)) 18.39.410, the board may take the disciplinary action
set forth in RCW ((18.130.160)) 18.39.500 against the funeral
establishment's license, the license of any funeral director and/or the funeral
establishment's certificate of registration, if the licensee or registrant:
(1)
Fails to comply with any provisions of this chapter((, chapter 18.130 RCW,))
or any proper order or regulation of the board;
(2) Is found by the board to be in such condition that further execution of prearrangement contracts could be hazardous to purchasers or beneficiaries and the people of this state;
(3) Refuses to be examined, or refuses to submit to examination by the board when required;
(4) Fails to pay the expense of an examination; or
(5) Is found by the board after investigation or receipt of reliable information to be managed by persons who are incompetent or untrustworthy or so lacking in managerial experience as to make the proposed or continued execution or servicing of prearrangement funeral service contracts hazardous to purchasers, beneficiaries, or to the public.
NEW SECTION. Sec. 7. A new section is added to chapter 18.39 RCW to read as follows:
The procedures for conducting investigations shall provide that before taking a written statement or conducting an interview:
(1) For violation of this chapter, the investigator shall inform such person in writing: (a) The nature of the complaint; (b) that the person may consult with legal counsel at his or her expense before making a statement; and (c) that any statement that the person makes may be used in an adjudicative proceeding conducted under this chapter; and
(2) From a witness or potential witness in an investigation under this chapter, the investigator shall inform the person, in writing, that the statement may be released to the licensee, applicant, or unlicensed person under investigation if a statement of charges is issued.
Sec. 8. RCW 18.39.800 and 1996 c 217 s 9 are each amended to read as follows:
The
funeral ((directors)) and ((embalmers)) cemetery account
is created in the state treasury. All fees received by the department for
licenses, registrations, renewals, certificates, permits, endorsements,
license examinations, trust fund examinations, and ((audits))
regulatory charges 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))) 18.39.500
and 68.05.105 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 of
licensing 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)) funeral
directors and embalmers account attributable to the funeral director and
embalmer professions as of July 1, ((1993)) 1997, and any fund
balance remaining in the cemetery account as of July 1, 1997, shall be
transferred to the funeral ((directors)) and ((embalmers)) cemetery
account.
Sec. 9. RCW 68.05.020 and 1953 c 290 s 27 are each amended to read as follows:
The term "board" used in this chapter means the funeral and cemetery board.
Sec. 10. RCW 68.05.095 and 1987 c 331 s 8 are each amended to read as follows:
((The
board shall elect annually a chairman and vice chairman and such other officers
as it shall determine from among its members.)) The director, in
consultation with the board, may employ and prescribe the duties of the ((executive
secretary)) program administrator. The ((executive secretary
shall)) program administrator must have a minimum of five years'
experience in either cemetery or funeral management, or both,
unless this requirement is waived by the board.
Sec. 11. RCW 68.05.105 and 1987 c 331 s 10 are each amended to read as follows:
The board has the following authority under this chapter:
(1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this title;
(2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings;
(3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this title;
(4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this title;
(5) To compel attendance of witnesses at hearings;
(6) In the course of investigating a complaint, to conduct practice reviews;
(7) To take emergency action pending proceedings by the board;
(8) To use the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. However, the board shall make the final decision;
(9) To use consultants or individual members of the board to assist in the direction of investigations and issuance of statements of charges. However, those board members shall not subsequently participate in the hearing of the case;
(10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this title;
(11) To contract with persons or organizations to provide services necessary for the monitoring and supervision of licensees, or authorities who are for any authorized purpose subject to monitoring by the board;
(12) To adopt standards of professional conduct or practice;
(13) To grant or deny authorities or license applications, and in the event of a finding of unprofessional conduct by an applicant, authority, or license holder, to impose any sanction against a license applicant, authority, or license holder provided by this title;
(14) To enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant, holder of an authority to operate, or license holder shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action;
(15) To revoke the license or authority;
(16) To suspend the license or authority for a fixed or indefinite term;
(17) To restrict or limit the license or authority;
(18) To censure or reprimand;
(19) To cause compliance with conditions of probation for a designated period of time;
(20) To fine for each violation of this title, not to exceed one thousand dollars per violation. Funds received shall be placed in the funeral and cemetery account;
(21) To order corrective action.
Any of the actions under this section may be totally or partly stayed by the board. In determining what action is appropriate, the board must first consider what sanctions are necessary to protect or compensate the public. All costs associated with compliance with orders issued under this section are the obligation of the license or authority holder or applicant.
Sec. 12. RCW 68.05.175 and 1987 c 331 s 13 are each amended to read as follows:
A permit or endorsement issued by the ((cemetery)) board or
under chapter 18.39 RCW is required in order to operate a crematory or conduct
a cremation. ((Crematories owned or operated by or located on property
licensed as a funeral establishment shall be regulated by the board of funeral
directors and embalmers. Crematories not affiliated with a funeral
establishment shall be regulated by the cemetery board.))
Sec. 13. RCW 68.05.195 and 1987 c 331 s 15 are each amended to read as follows:
Any
person other than persons defined in RCW 68.50.160 who buries or otherwise
disposes of cremated remains by land, by air, or by sea shall have a permit or
endorsement issued in accordance with RCW ((68.05.100)) 18.39.175
and shall be subject to that section.
Sec. 14. RCW 68.05.205 and 1993 c 43 s 4 are each amended to read as follows:
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. 15. RCW 68.05.285 and 1953 c 290 s 29 are each amended to read as follows:
((There
shall be, in the office of the state treasurer, a fund to be known and
designated as the "cemetery fund." All regulatory fees or other
moneys to be paid under this chapter, unless provision be made otherwise, shall
be paid at least once a month to the state treasurer to be credited to the
cemetery fund. All moneys credited to the cemetery fund shall be used, when
appropriated by the legislature, by the cemetery board to carry out the
provisions of this chapter.)) The funeral and cemetery account is
created in the state treasury under RCW 18.39.800.
Sec. 16. RCW 68.24.090 and 1987 c 331 s 34 are each amended to read as follows:
Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, unless and until the dedication is removed from all or any part of it by an order and decree of the superior court of the county in which the property is situated, in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court:
(1) That no interments were made in or that all interments have been removed from that portion of the property from which dedication is sought to be removed.
(2) That the portion of the property from which dedication is sought to be removed is not being used for interment of human remains.
(3) That notice of the proposed removal of dedication has been given the funeral and cemetery board in writing at least sixty days before filing the proceedings in superior court.
Sec. 17. RCW 68.40.040 and 1987 c 331 s 37 are each amended to read as follows:
A cemetery authority not exempt under this chapter shall file in its principal office for review by plot owners the previous seven fiscal years' endowment care reports as filed with the funeral and cemetery board in accordance with RCW 68.44.150.
Sec. 18. RCW 68.44.115 and 1987 c 331 s 44 are each amended to read as follows:
To be considered qualified as a trustee, each trustee of an endowment care fund appointed in accordance with this chapter shall file with the board a statement of acceptance of fiduciary responsibility, on a form approved by the board, before assuming the duties of trustee. The trustee shall remain in the trustee's fiduciary capacity until such time as the trustee advises the funeral and cemetery board in writing of the trustee's resignation of trusteeship.
Sec. 19. RCW 68.46.010 and 1979 c 21 s 22 are each amended to read as follows:
Unless the context clearly indicates otherwise, the following terms as used only in this chapter have the meaning given in this section:
(1) "Prearrangement contract" means a contract for purchase of cemetery merchandise or services, unconstructed crypts or niches, or undeveloped graves to be furnished at a future date for a specific consideration which is paid in advance by one or more payments in one sum or by installment payments.
(2)
"Cemetery authority" shall have the same meaning as in RCW 68.04.190,
and shall also include any individual, partnership, firm, joint venture,
corporation, company, association, or ((join [joint])) joint
stock company, any of which sells cemetery services or merchandise,
unconstructed crypts or niches, or undeveloped graves through a prearrangement
contract, but shall not include insurance companies licensed under chapter
48.05 RCW.
(3) "Cemetery merchandise or services" and "merchandise or services" mean those services normally performed by cemetery authorities, including the sale of monuments, markers, memorials, nameplates, liners, vaults, boxes, urns, vases, interment services, or any one or more of them.
(4) "Prearrangement trust fund" means all funds required to be maintained in one or more funds for the benefit of beneficiaries by either this chapter or by the terms of a prearrangement contract, as herein defined.
(5) "Depository" means a qualified public depository as defined by RCW 39.58.010, a credit union as governed by chapter 31.12 RCW, a mutual savings bank as governed by Title 32 RCW, a savings and loan association as governed by Title 33 RCW, and a federal credit union or a federal savings and loan association organized, operated, and governed by any act of congress, in which prearrangement funds are deposited by any cemetery authority.
(6)
"Board" means the funeral and cemetery board established under
((chapter 68.05)) RCW 18.39.173 or its authorized representative.
(7) "Undeveloped grave" means any grave in an area which a cemetery authority has not landscaped and groomed to the extent customary in the cemetery industry in that community.
Sec. 20. RCW 68.46.040 and 1987 c 331 s 50 are each amended to read as follows:
All prearrangement trust funds shall be deposited in a qualified public depository as defined by RCW 68.46.010 or invested in instruments issued or insured by any agency of the federal government, if these securities are held in public depository. Such savings accounts shall be designated as the "prearrangement trust fund" by name and the particular cemetery authority for the benefit of the beneficiaries named in any prearrangement contract.
Sec. 21. RCW 68.46.090 and 1983 c 190 s 1 are each amended to read as follows:
Any cemetery authority selling prearrangement merchandise or other
prearrangement services shall file in its office or offices and with the ((cemetery))
board a written report upon forms prepared by the ((cemetery)) board
which shall state the amount of the principle of the prearrangement trust fund
or funds, the depository of such fund or funds, and cash on hand which is or
may be due to such fund as well as such other information the board may deem
appropriate. All information appearing on such written reports shall be
revised at least annually. These reports shall be verified by the president,
or the vice president, and one other officer of the cemetery authority, the
accountant or auditor who prepared the report((, and, if required by the
board for good cause, a certified public accountant in accordance with
generally accepted auditing standards)). The board may, in its
discretion, require verification of these reports by a certified public
accountant in accordance with generally accepted auditing standards ((shall
be required on reports from cemetery authorities which manage prearrangement
trust funds totaling in excess of five hundred thousand dollars)).
Sec. 22. RCW 68.46.110 and 1973 1st ex.s. c 68 s 11 are each amended to read as follows:
No
cemetery authority shall sell, offer to sell or authorize the sale of cemetery
merchandise or services or accept funds in payment of any prearrangement
contract, either directly or indirectly, unless such acts are performed in compliance
with chapter 68, Laws of 1973 1st ex. sess., and under the authority of a
valid, subsisting and unsuspended certificate of authority to operate a
cemetery in this state by the ((Washington state cemetery)) board.
Sec. 23. RCW 68.46.130 and 1979 c 21 s 43 are each amended to read as follows:
The
((cemetery)) board may grant an exemption from any or all of the
requirements of this chapter relating to prearrangement contracts to any
cemetery authority which:
(1) Sells less than twenty prearrangement contracts per year; and
(2)
Deposits one hundred percent of all funds received into a trust fund under RCW
68.46.030((, as now or hereafter amended)).
Sec. 24. RCW 68.50.165 and 1985 c 402 s 2 are each amended to read as follows:
With
the exception of skeletal remains, refrigeration or embalming shall be provided
within twenty-four hours of the death or discovery of any human remains lying
within this state. If embalming services are not desired nor required for
the type of arrangements chosen by the authorized family member or
representative and a refrigeration unit is unavailable for use, embalming
services shall be provided without charge in instances where the ((body is))
remains are to be held more than twenty-four hours.
Sec. 25. RCW 68.50.230 and 1985 c 402 s 9 are each amended to read as follows:
Whenever any dead human body shall have been in the lawful
possession of any person, firm, corporation or association for a period of one
year or more, or whenever the incinerated remains of any dead human body have
been in the lawful possession of any person, firm, corporation or association
for a period of two years or more, and the relatives of, or persons interested
in, the deceased person shall fail, neglect or refuse for such periods of time,
respectively, to direct the disposition to be made of such body or remains,
such body or remains may be disposed of by the person, firm, corporation or
association having such lawful possession thereof, under and in accordance with
rules adopted by the funeral and cemetery board ((and the board of
funeral directors and embalmers)), not inconsistent with any statute of the
state of Washington or rule ((or regulation prescribed)) adopted
by the state board of health.
Sec. 26. RCW 68.60.030 and 1995 c 399 s 168 are each amended to read as follows:
(1)(a) The archaeological and historical division of the department of community, trade, and economic development may grant by nontransferable certificate authority to maintain and protect an abandoned cemetery upon application made by a preservation organization which has been incorporated for the purpose of restoring, maintaining, and protecting an abandoned cemetery. Such authority shall be limited to the care, maintenance, restoration, protection, and historical preservation of the abandoned cemetery, and shall not include authority to make burials, unless specifically granted by the funeral and cemetery board.
(b) Those preservation and maintenance corporations that are granted authority to maintain and protect an abandoned cemetery shall be entitled to hold and possess burial records, maps, and other historical documents as may exist. Maintenance and preservation corporations that are granted authority to maintain and protect an abandoned cemetery shall not be liable to those claiming burial rights, ancestral ownership, or to any other person or organization alleging to have control by any form of conveyance not previously recorded at the county auditor's office within the county in which the abandoned cemetery exists. Such organizations shall not be liable for any reasonable alterations made during restoration work on memorials, roadways, walkways, features, plantings, or any other detail of the abandoned cemetery.
(c) Should the maintenance and preservation corporation be dissolved, the archaeological and historical division of the department of community, trade, and economic development shall revoke the certificate of authority.
(d)
Maintenance and preservation corporations that are granted authority to
maintain and protect an abandoned cemetery may establish care funds pursuant to
chapter 68.44 RCW, and shall report in accordance with chapter 68.44 RCW to the
((state)) funeral and cemetery board.
(2) Except as provided in subsection (1) of this section, the department of community, trade, and economic development may, in its sole discretion, authorize any Washington nonprofit corporation that is not expressly incorporated for the purpose of restoring, maintaining, and protecting an abandoned cemetery, to restore, maintain, and protect one or more abandoned cemeteries. The authorization may include the right of access to any burial records, maps, and other historical documents, but shall not include the right to be the permanent custodian of original records, maps, or documents. This authorization shall be granted by a nontransferable certificate of authority. Any nonprofit corporation authorized and acting under this subsection is immune from liability to the same extent as if it were a preservation organization holding a certificate of authority under subsection (1) of this section.
(3) The department of community, trade, and economic development shall establish standards and guidelines for granting certificates of authority under subsections (1) and (2) of this section to assure that any restoration, maintenance, and protection activities authorized under this subsection are conducted and supervised in an appropriate manner.
Sec. 27. RCW 68.60.050 and 1989 c 44 s 5 are each amended to read as follows:
(1) Any person who knowingly removes, mutilates, defaces, injures, or destroys any historic grave shall be guilty of a class C felony punishable under chapter 9A.20 RCW. Persons disturbing historic graves through inadvertence, including disturbance through construction, shall reinter the human remains under the supervision of the funeral and cemetery board. Expenses to reinter such human remains are to be provided by the office of archaeology and historic preservation.
(2) This section does not apply to actions taken in the performance of official law enforcement duties.
(3) It shall be a complete defense in a prosecution under subsection (1) of this section if the defendant can prove by a preponderance of evidence that the alleged acts were accidental or inadvertent and that reasonable efforts were made to preserve the remains accidentally disturbed or discovered, and that the accidental discovery or disturbance was properly reported.
Sec. 28. RCW 68.60.060 and 1990 c 92 s 5 are each amended to read as follows:
Any
person who violates any provision of this chapter is liable in a civil action
by and in the name of the ((state)) funeral and cemetery board to
pay all damages occasioned by their unlawful acts. The sum recovered shall be
applied in payment for the repair and restoration of the property injured or
destroyed and to the care fund if one is established.
NEW SECTION. Sec. 29. The following acts or parts of acts are each repealed:
(1) RCW 68.05.040 and 1987 c 331 s 5, 1977 ex.s. c 351 s 1, & 1953 c 290 s 31;
(2) RCW 68.05.050 and 1979 c 21 s 5, 1977 ex.s. c 351 s 2, & 1953 c 290 s 32;
(3) RCW 68.05.060 and 1984 c 287 s 102, 1975-'76 2nd ex.s. c 34 s 156, & 1953 c 290 s 33;
(4) RCW 68.05.080 and 1987 c 331 s 6 & 1953 c 290 s 35; and
(5) RCW 68.05.100 and 1993 c 43 s 3, 1987 c 331 s 9, 1985 c 402 s 8, & 1953 c 290 s 36.
PART 2
HEALTH CARE ASSISTANTS ADVISORY COMMITTEE
Sec. 201. RCW 18.135.030 and 1994 sp.s. c 9 s 515 are each amended to read as follows:
(1)
The secretary or the secretary's designee((, with the advice of designees of
the medical care quality assurance commission, the board of osteopathic
medicine and surgery, the podiatric medical board, and the nursing care quality
assurance commission,)) may appoint members of the health care assistant
profession and other health care practitioners, as defined in RCW
18.135.020(3), to serve in an ad hoc capacity to assist in carrying out the
provisions of this chapter. The members shall provide advice on matters
specifically identified and requested by the secretary. The members shall be
reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
(2) In addition to any other authority provided by law, the secretary shall adopt rules necessary to:
(a)
Administer, implement, and enforce this chapter ((and));
(b)
Establish the minimum requirements necessary for a health care facility or
health care practitioner to certify a health care assistant capable of
performing the functions authorized in this chapter((. The rules shall));
and
(c)
Establish minimum requirements for each and every category of health care
assistant. ((Said))
(3) The rules shall be adopted after fair consideration of input from representatives of each category. These requirements shall ensure that the public health and welfare are protected and shall include, but not be limited to, the following factors:
(((1)))
(a) The education and occupational qualifications for the health care
assistant category;
(((2)))
(b) The work experience for the health care assistant category;
(((3)))
(c) The instruction and training provided for the health care assistant
category; and
(((4)))
(d) The types of drugs or diagnostic agents which may be administered by
injection by health care assistants working in a hospital or nursing home. The
rules established ((pursuant to)) under this subsection shall not
prohibit health care assistants working in a health care facility other than a
nursing home or hospital from performing the functions authorized under this
chapter.
PART 3
WASHINGTON STATE COLLECTION AGENCY BOARD
Sec. 301. RCW 19.16.100 and 1994 c 195 s 1 are each amended to read as follows:
Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:
(1) "Person" includes individual, firm, partnership, trust, joint venture, association, or corporation.
(2) "Collection agency" means and includes:
(a) Any person directly or indirectly engaged in soliciting claims for collection, or collecting or attempting to collect claims owed or due or asserted to be owed or due another person;
(b) Any person who directly or indirectly furnishes or attempts to furnish, sells, or offers to sell forms represented to be a collection system or scheme intended or calculated to be used to collect claims even though the forms direct the debtor to make payment to the creditor and even though the forms may be or are actually used by the creditor himself or herself in his or her own name;
(c) Any person who in attempting to collect or in collecting his or her own claim uses a fictitious name or any name other than his or her own which would indicate to the debtor that a third person is collecting or attempting to collect such claim.
(3) "Collection agency" does not mean and does not include:
(a) Any individual engaged in soliciting claims for collection, or collecting or attempting to collect claims on behalf of a licensee under this chapter, if said individual is an employee of the licensee;
(b) Any individual collecting or attempting to collect claims for not more than one employer, if all the collection efforts are carried on in the name of the employer and if the individual is an employee of the employer;
(c) Any person whose collection activities are carried on in his, her, or its true name and are confined and are directly related to the operation of a business other than that of a collection agency, such as but not limited to trust companies, savings and loan associations, building and loan associations, abstract companies doing an escrow business, real estate brokers, public officers acting in their official capacities, persons acting under court order, lawyers, insurance companies, credit unions, loan or finance companies, mortgage banks, and banks;
(d) Any person who on behalf of another person prepares or mails monthly or periodic statements of accounts due if all payments are made to that other person and no other collection efforts are made by the person preparing the statements of account; or
(e) An "out-of-state collection agency" as defined in this chapter.
(4) "Out-of-state collection agency" means a person whose activities within this state are limited to collecting debts from debtors located in this state by means of interstate communications, including telephone, mail, or facsimile transmission, from the person's location in another state on behalf of clients located outside of this state.
(5) "Claim" means any obligation for the payment of money or thing of value arising out of any agreement or contract, express or implied.
(6) "Statement of account" means a report setting forth only amounts billed, invoices, credits allowed, or aged balance due.
(7) "Director" means the director of licensing.
(8) "Client" or "customer" means any person authorizing or employing a collection agency to collect a claim.
(9) "Licensee" means any person licensed under this chapter.
(10)
(("Board" means the Washington state collection agency board.
(11)))
"Debtor" means any person owing or alleged to owe a claim.
Sec. 302. RCW 19.16.360 and 1977 ex.s. c 194 s 3 are each amended to read as follows:
(1)
Whenever the director shall have reasonable cause to believe that grounds exist
for denial, nonrenewal, revocation or suspension of a license issued or to be
issued under this chapter, or in lieu of or in addition to suspension that a
licensee should be assessed a civil, monetary penalty not to exceed one
thousand dollars, ((he)) the director shall notify the applicant
or licensee in writing by certified or registered mail, with return receipt
requested, stating the grounds upon which it is proposed that the license be
denied, revoked, not renewed, or suspended and upon which any monetary penalty
is going to be assessed and the amount of the penalty.
(2)
Within thirty days from the receipt of notice of the alleged grounds for
denial, revocation, lack of renewal, or suspension or for the monetary penalty
to be assessed in lieu of or in addition to suspension, the applicant or
licensee may serve upon the director a written request for hearing ((before
the board)) in accordance with chapter 34.05 RCW, the administrative
procedure act. Service of a request for a hearing shall be by certified
mail and shall be addressed to the director at ((his)) the director's
office in Thurston county. ((Upon receiving a request for a hearing, the
director shall fix a date for which the matter may be heard by the board, which
date shall be not less than thirty days from the receipt of the request for
such hearing. If no request for hearing is made within the time specified,))
The license shall be deemed denied, revoked, or not renewed or the
license shall be deemed suspended and/or the civil, monetary penalty shall be
deemed assessed.
(3)
Whenever a licensee who has made timely and sufficient application for the
renewal of a license, receives notice from the director that it is proposed
that ((his or its)) the license is not to be renewed, and said
licensee requests a hearing under subsection (2) of this section, the
licensee's current license shall not expire until the last day for seeking
review of the ((board's)) director's decision expires or if
judicial review of the ((board's)) director's decision is sought
until final judgment has been entered by the superior court, or in the event of
an appeal or appeals, until final judgment has been entered by the last
appellate court in which review has been sought.
Sec. 303. RCW 19.16.380 and 1971 ex.s. c 253 s 29 are each amended to read as follows:
((Except
as specifically provided in this chapter,)) The rules adopted and
the hearings conducted shall be in accordance with the provisions of chapter
34.05 RCW (administrative procedure act).
Sec. 304. RCW 19.16.420 and 1971 ex.s. c 253 s 33 are each amended to read as follows:
On
or about the first day of February in each year, the director shall cause to be
made available at reasonable expense to a licensee a copy of this chapter, a
copy of the current rules and regulations of the director, ((and board,))
and such other materials as the director ((or board prescribe)) prescribes.
NEW SECTION. Sec. 305. The following acts or parts of acts are each repealed:
(1) RCW 19.16.280 and 1971 ex.s. c 253 s 19;
(2) RCW 19.16.290 and 1971 ex.s. c 253 s 20;
(3) RCW 19.16.300 and 1971 ex.s. c 253 s 21;
(4) RCW 19.16.310 and 1984 c 287 s 54, 1975-'76 2nd ex.s. c 34 s 58, & 1971 ex.s. c 253 s 22;
(5) RCW 19.16.320 and 1971 ex.s. c 253 s 23;
(6) RCW 19.16.330 and 1971 ex.s. c 253 s 24;
(7) RCW 19.16.340 and 1971 ex.s. c 253 s 25; and
(8) RCW 19.16.351 and 1977 ex.s. c 194 s 2 & 1973 1st ex.s. c 20 s 8.
PART 4
WASHINGTON STATE COUNCIL ON VOCATIONAL EDUCATION
NEW SECTION. Sec. 401. The following acts or parts of acts are each repealed:
(1) RCW 28C.20.010 and 1991 c 238 s 16;
(2) RCW 28C.20.020 and 1991 c 238 s 17; and
(3) RCW 28C.20.030 and 1991 c 238 s 18.
PART 5
WASHINGTON STATE ADVISORY COUNCIL ON CRIMINAL JUSTICE SERVICES
Sec. 501. RCW 43.43.705 and 1989 c 334 s 7 are each amended to read as follows:
Upon the receipt of identification data from criminal justice agencies within this state, the section shall immediately cause the files to be examined and upon request shall promptly return to the contributor of such data a transcript of the record of previous arrests and dispositions of the persons described in the data submitted.
Upon application, the section shall furnish to criminal justice agencies, or to the department of social and health services, hereinafter referred to as the "department", a transcript of the criminal offender record information, dependency record information, or protection proceeding record information available pertaining to any person of whom the section has a record.
For the purposes of RCW 43.43.700 through 43.43.800 the following words and phrases shall have the following meanings:
"Criminal offender record information" includes, and shall be restricted to identifying data and public record information recorded as the result of an arrest or other initiation of criminal proceedings and the consequent proceedings related thereto. "Criminal offender record information" shall not include intelligence, analytical, or investigative reports and files.
"Criminal justice agencies" are those public agencies within or outside the state which perform, as a principal function, activities directly relating to the apprehension, prosecution, adjudication or rehabilitation of criminal offenders.
"Dependency record information" includes and shall be restricted to identifying data regarding a person, over the age of eighteen, who was a party to a dependency proceeding brought under chapter 13.34 RCW and who has been found, pursuant to such dependency proceeding, to have sexually abused or exploited or physically abused a child.
"Protection proceeding record information" includes and shall be restricted to identifying data regarding a person, over eighteen, who was a respondent to a protection proceeding brought under chapter 74.34 RCW and who has been found pursuant to such a proceeding to have abused or financially exploited a vulnerable adult.
The
section may refuse to furnish any information pertaining to the identification
or history of any person or persons of whom it has a record, or other
information in its files and records, to any applicant if the chief determines
that the applicant has previously misused information furnished to such
applicant by the section or the chief believes that the applicant will not use
the information requested solely for the purpose of due administration of the
criminal laws or for the purposes enumerated in RCW 43.43.760(3). The applicant
may appeal such determination ((and denial of information to the advisory
council created in RCW 43.43.785 and the council may direct that the section
furnish such information to the applicant)) by notifying the chief in
writing within thirty days. The hearing shall be before an administrative law
judge appointed under chapter 34.12 RCW and in accordance with procedures for
adjudicative proceedings under chapter 34.05 RCW.
Sec. 502. RCW 43.43.785 and 1972 ex.s. c 152 s 18 are each amended to read as follows:
The
legislature finds that there is a need for the Washington state patrol to
establish a program which will consolidate existing programs of criminal
justice services within its jurisdiction so that such services may be more
effectively utilized by the criminal justice agencies of this state. The
chief((, with the advice of the state advisory council on criminal justice
services created in RCW 43.43.790,)) shall establish such a program which
shall include but not be limited to the identification section, all auxiliary
systems including the Washington crime information center and the
teletypewriter communications network, the drug control assistance unit, and
any other services the chief deems necessary which are not directly related to
traffic control.
Sec. 503. RCW 43.43.800 and 1972 ex.s. c 152 s 21 are each amended to read as follows:
The
((advisory council)) executive committee created in RCW 10.98.160
shall review the provisions of RCW 43.43.700 through 43.43.785 and the
administration thereof and shall consult with and advise the chief of the state
patrol on matters pertaining to the policies of criminal justice services
program.
((The
council shall appoint technical advisory committees comprised of members of
criminal justice agencies having demonstrated technical expertise in the
various fields of specialty within the program.))
NEW SECTION. Sec. 504. The following acts or parts of acts are each repealed:
(1) RCW 43.43.790 and 1972 ex.s. c 152 s 19; and
(2) RCW 43.43.795 and 1972 ex.s. c 152 s 20.
PART 6
LOCAL GOVERNMENT ADVISORY COMMITTEE
NEW SECTION. Sec. 601. By July 1, 1997, the director of the department of community, trade, and economic development shall abolish the local government advisory committee.
PART 7
COMMUNITY DIVERSIFICATION PROGRAM ADVISORY COMMITTEE
NEW SECTION. Sec. 701. By July 1, 1997, the director of the department of community, trade, and economic development shall abolish the community diversification program advisory committee.
PART 8
LOWER COLUMBIA RIVER BISTATE STEERING COMMITTEE
NEW SECTION. Sec. 801. The bistate steering committee created in section 302(28)(a), chapter 16, Laws of 1990 1st ex. sess. is abolished.
PART 9
DEPARTMENT OF CORRECTIONS WORK RELEASE SITING COMMITTEES
NEW SECTION. Sec. 901. By July 1, 1997, the secretary of corrections shall abolish the work release advisory committee, the Pierce county advisory committee, the Moses Lake search committee, the Spokane search committee, the Bremerton advisory committee, and the Kitsap county work release facility analysis and site evaluation committee.
PART 10
PUBLIC INFORMATION ACCESS POLICY TASK FORCE
NEW SECTION. Sec. 1001. RCW 42.17.261 and 1994 c 40 s 4 are each repealed.
PART 11
MISCELLANEOUS
NEW SECTION. Sec. 1101. Part headings used in this act are not any part of the law.
NEW SECTION. Sec. 1102. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997.
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