CERTIFICATION OF ENROLLMENT

                        HOUSE BILL 2010

                    Chapter 67, Laws of 1999

                        56th Legislature

                      1999 Regular Session

HISTORIC CEMETERIES

                    EFFECTIVE DATE:  7/25/99

Passed by the House March 11, 1999  Yeas 96   Nays 0              CLYDE BALLARD Speaker of the House of Representatives               FRANK CHOPP Speaker of the House of Representatives Passed by the Senate April 7, 1999   Yeas 48   Nays 0

CERTIFICATE We, Dean R. Foster and Timothy A. Martin, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2010  as passed by the House of Representatives and the Senate on the dates hereon set forth.            DEAN R. FOSTER                           Chief Clerk           TIMOTHY A. MARTIN                           Chief Clerk

BRAD OWEN President of the Senate

Approved April 21, 1999 Place Style On Codes above, and Style Off Codes below.	FILED                            April 21, 1999 - 3:15 p.m.
GARY LOCKE Governor of the State of Washington	Secretary of State                  State of Washington

Z-0567.1  _______________________________________________

                          HOUSE BILL 2010

          _______________________________________________

             Passed Legislature - 1999 Regular Session

State of Washington      56th Legislature     1999 Regular Session

By Representatives Ogden, McMorris and Romero; by request of Department of Community, Trade, and Economic Development

Read first time 02/12/1999.  Referred to Committee on State Government.

Changing provisions relating to historic cemeteries. 

    AN ACT Relating to historic cemeteries; and amending RCW 68.60.050.

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

    Sec. 1.  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 ((cemetery board)) office of archaeology and historic preservation.  Expenses to reinter such human remains are to be provided by the office of archaeology and historic preservation to the extent that funds for this purpose are appropriated by the legislature.

    (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.

    Passed the House March 11, 1999.

    Passed the Senate April 7, 1999.

Approved by the Governor April 21, 1999.

    Filed in Office of Secretary of State April 21, 1999.