BILL REQ. #: S-1279.1
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 02/04/2005. Referred to Committee on Labor, Commerce, Research & Development.
AN ACT Relating to funeral directors and cemeteries; amending RCW 18.39.010, 18.39.020, 18.39.035, 18.39.045, 18.39.070, 18.39.100, 18.39.120, 18.39.130, 18.39.170, 18.39.173, 18.39.175, 18.39.181, 18.39.195, 18.39.215, 18.39.217, 18.39.220, 18.39.231, 18.39.250, 18.39.255, 18.39.345, 18.39.410, 18.39.800, 68.04.020, 68.04.030, 68.04.040, 68.04.070, 68.04.080, 68.04.100, 68.04.110, 68.04.120, 68.04.130, 68.04.160, 68.04.165, 68.04.170, 68.04.190, 68.04.210, 68.04.230, 68.04.240, 68.05.010, 68.05.030, 68.05.040, 68.05.050, 68.05.080, 68.05.090, 68.05.100, 68.05.105, 68.05.115, 68.05.150, 68.05.170, 68.05.173, 68.05.195, 68.05.210, 68.05.215, 68.05.225, 68.05.235, 68.05.240, 68.05.245, 68.05.254, 68.05.259, 68.05.285, 68.05.290, 68.05.330, 68.05.340, 68.20.061, 68.20.110, 68.24.010, 68.24.080, 68.24.090, 68.24.100, 68.24.110, 68.24.120, 68.24.130, 68.24.140, 68.24.150, 68.24.160, 68.24.170, 68.24.180, 68.24.190, 68.24.220, 68.28.010, 68.28.020, 68.28.030, 68.28.060, 68.32.010, 68.32.020, 68.32.030, 68.32.040, 68.32.050, 68.32.060, 68.32.070, 68.32.080, 68.32.090, 68.32.100, 68.32.110, 68.32.130, 68.32.140, 68.32.150, 68.32.160, 68.36.010, 68.36.020, 68.36.030, 68.36.040, 68.36.050, 68.40.010, 68.40.025, 68.40.060, 68.44.020, 68.44.070, 68.44.080, 68.44.090, 68.44.100, 68.44.110, 68.44.120, 68.44.130, 68.44.140, 68.44.150, 68.44.160, 68.46.010, 68.46.020, 68.46.030, 68.46.040, 68.46.050, 68.46.055, 68.46.060, 68.46.075, 68.46.080, 68.46.090, 68.46.100, 68.46.110, 68.50.110, 68.50.130, 68.50.140, 68.50.160, 68.50.170, 68.50.185, 68.50.200, 68.50.220, 68.50.230, 68.50.240, 68.50.270, 68.56.040, 68.60.030, 68.60.060, 70.58.005, 70.58.082, 70.58.160, 70.58.170, 70.58.180, 70.58.190, 70.58.230, 70.58.240, 70.58.260, and 70.58.390; reenacting and amending RCW 18.39.145 and 18.39.150; adding new sections to chapter 18.39 RCW; adding new sections to chapter 68.04 RCW; adding a new section to chapter 68.46 RCW; repealing RCW 18.39.148, 68.04.090, 68.04.180, 68.04.200, 68.04.220, 68.05.185, 68.20.090, 68.20.130, 68.24.175, 68.32.120, 68.36.090, 68.46.150, 68.50.135, 68.50.145, 68.50.150, 68.50.165, 68.50.180, 68.50.190, and 68.50.250; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 18.39.010 and 2000 c 171 s 10 are each amended to read
as follows:
((Unless the context clearly requires otherwise,)) The definitions
in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Funeral director" means a person engaged in the profession or
business of ((conducting funerals and supervising or directing the
burial and disposal of dead human bodies)) providing for the care,
shelter, transportation, and arrangements for the disposition of human
remains that may include arranging and directing funeral, memorial, or
other services.
(2) "Embalmer" means a person engaged in the profession or business
of disinfecting((,)) and preserving ((or preparing for disposal or
transportation of dead human bodies)) 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 the care and preparation for burial or
disposal of dead human bodies)) that provides for any aspect of the
care, shelter, transportation, embalming, preparation, and arrangements
for the disposition of human remains and includes all areas of such
((business premises)) entity and all ((tools)) equipment, instruments,
and supplies used in the care, shelter, transportation, preparation,
and embalming of ((dead)) human ((bodies for burial or disposal))
remains.
(5) "Director" means the director of licensing.
(6) "Board" means the state 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)).
(10) "Licensee" means any person or entity holding a license,
registration, endorsement, or permit under this chapter issued by the
director.
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 18.39.020 and 1987 c 150 s 30 are each amended to read
as follows:
It is ((a violation of RCW 18.130.190)) unlawful for any person to
act or hold himself or herself out as a funeral director or embalmer or
discharge any of the duties of a funeral director or embalmer as
defined in this chapter unless the person has a valid license under
this chapter. It is unlawful for any person to ((open up)) establish,
maintain, or operate a funeral establishment without a valid
establishment license ((and without having at all times at least one
funeral director to supervise and direct the business conducted
therefrom)).
Sec. 3 RCW 18.39.035 and 1996 c 217 s 1 are each amended to read
as follows:
(1) An applicant for a license as a funeral director shall be at
least eighteen years of age((, of good moral character,)) and must have
obtained an associate of arts degree in mortuary science or completed
a course of not less than two years in an accredited college, and a
one-year course of training under a licensed funeral director in this
state. The applicant must also pass an examination in the funeral arts
and an examination in the laws of this state pertaining to the
handling, care, transportation, and disposition of human remains and
the contents of this chapter.
(2) An applicant for a license as an embalmer must be at least
eighteen years of age((, of good moral character,)) and have obtained
an associate of arts degree in mortuary science or completed a course
of instruction in an accredited mortuary science college program and
other college courses that total sixty semester hours or ninety quarter
hours, completed a two-year course of training under a licensed
embalmer in this state, and have passed an examination in the funeral
sciences and an examination in the laws of this state pertaining to the
handling, care, transportation, and disposition of human remains, and
the contents of this chapter.
Sec. 4 RCW 18.39.045 and 1996 c 217 s 2 are each amended to read
as follows:
(1) The two-year college course required for funeral directors
under this chapter shall consist of sixty semester or ninety quarter
hours of instruction at a school, college, or university accredited by
the Northwest Association of Schools and Colleges or other accrediting
association approved by the board, with a minimum 2.0 grade point, or
a grade of C or better, in each subject required by subsection (2) of
this section.
(2) Credits shall include one course in psychology, one in
mathematics, two courses in English composition ((and rhetoric)), two
courses in social science, and three courses selected from the
following subjects: Behavioral sciences, public speaking, counseling,
business administration and management, computer science, and first
aid.
(3) This section does not apply to any person registered and in
good standing as an apprentice funeral director or embalmer on or
before January 1, 1982.
Sec. 5 RCW 18.39.070 and 1996 c 217 s 3 are each amended to read
as follows:
(1) License examinations shall be held by the director at least
once each year at a time and place to be designated by the director.
Application to take an examination shall be filed with the director at
least ((forty-five)) fifteen days prior to the examination date
((and)). The department shall give each applicant written notice of
the time and place of the next examination ((by written notice mailed
to the applicant's address as given upon his or her application not
later than fifteen days before the examination, but no person may take
an examination unless his or her application has been on file for at
least fifteen days before the examination)). The applicant shall be
deemed to have passed an examination if the applicant attains a grade
of not less than seventy-five percent in each examination. Any
applicant who fails an examination shall be entitled, at no additional
fee, to one retake of that examination.
(2) An applicant for a license ((hereunder)) may take his or her
written examination after completing the educational requirements and
before completing the course of training required under RCW 18.39.035.
Sec. 6 RCW 18.39.100 and 1996 c 217 s 4 are each amended to read
as follows:
Every license issued ((hereunder)) shall specify the name of the
person to whom it is issued and shall be displayed ((conspicuously)) in
his or her place of business in an area accessible to the public. No
license shall be assigned, and not more than one person shall carry on
the profession or business of funeral directing or embalming under one
license.
Sec. 7 RCW 18.39.120 and 1985 c 7 s 38 are each amended to read
as follows:
Every person engaged in the business of funeral directing or
embalming, who employs an ((apprentice)) intern to assist in the
conduct of the business, shall register the name of each ((apprentice))
intern with the director at the beginning of the ((apprenticeship))
internship, and shall also forward notice of the termination of the
((apprenticeship)) internship. The registration shall be renewed
annually and shall expire on the anniversary of the ((apprentice's))
intern's birthdate. Fees determined under RCW 43.24.086 shall be paid
for the initial registration of the ((apprentice)) intern, and for each
annual renewal.
NEW SECTION. Sec. 8 A new section is added to chapter 18.39 RCW
to read as follows:
(1) An "academic intern" includes any student enrolled in an
accredited college funeral service education program who is serving his
or her three-month internship at a participating Washington state
funeral establishment as required for graduation from the funeral
service education program.
(2) Academic interns shall serve their internship in accordance
with the guidelines established by the funeral service education
program.
(3) Academic interns shall register with the director at the
beginning of the academic internship on an application form prescribed
by the board. The academic internship may not exceed a period of three
months. No fee is required for registration as an academic intern.
Sec. 9 RCW 18.39.130 and 1996 c 217 s 5 are each amended to read
as follows:
The board ((may)) must recognize licenses issued to funeral
directors or embalmers from other states if the applicant's
qualifications are comparable to the requirements of this chapter.
Five years active experience as a licensee may be accepted to make up
a deficit in the comparable education requirements.
((Upon)) The board must issue a funeral director's or embalmer's
license upon:
(1) Presentation of the license ((and)) verification;
(2) Payment ((by the holder)) of a fee determined under RCW
43.24.086((, and));
(3) Successful completion of the examination of the laws of this
state pertaining to the handling, care, transportation, and disposition
of human remains and the contents of this chapter((, the board may
issue a funeral director's or embalmer's license under this chapter)).
Sec. 10 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 a specific ((locations)) location
only, which has met the following requirements:
(1) The applicant has designated the name under which the funeral
establishment will operate and has designated ((locations)) the
location for which the ((general)) establishment license is 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)) the 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.
(5) All duties requiring a license will be performed by licensed
individuals or registered interns.
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)) January 31st, or as
otherwise determined by the director.
Sec. 11 RCW 18.39.150 and 1986 c 259 s 63 and 1985 c 7 s 41 are
each reenacted and amended to read as follows:
Any licensed funeral director or embalmer whose license has lapsed
shall reapply for a license and pay a fee as determined under RCW
43.24.086 before the license may be issued. Applications under this
section shall be made within one year after the expiration of the
previous license. If the application is not made within one year, the
applicant shall be required to take an examination ((or submit other
satisfactory proof of continued competency approved by the board)) and
pay the license fee, ((as required by this chapter in the case of
initial applications, together with all unpaid license fees and
penalties)) which may include penalty fees.
Sec. 12 RCW 18.39.170 and 1937 c 108 s 16 are each amended to
read as follows:
There shall be appointed by ((said)) the director ((of licensing))
an agent whose title shall be "inspector of funeral establishments,
crematories, funeral directors, and embalmers of the state of
Washington." No person shall be eligible for such appointment
unless((, at the time of his appointment,)) he ((shall have)) or she
has been a ((duly)) licensed funeral director and embalmer in the state
of Washington, with a minimum experience of not less than five
consecutive years ((both as an embalmer and as a funeral director in
the state of Washington. Said)).
(1) The inspector shall ((hold office during)):
(a) Serve at the pleasure of ((said)) the director ((of licensing,
and the duties of said inspector shall be, and he is hereby authorized,
to)); and
(b) At all times be under the supervision of the director.
(2) The inspector is authorized to:
(a) Enter the office, premises, establishment, or place of
business, where funeral directing ((or)), embalming, or cremation is
carried on for the purpose of inspecting ((said office,)) the
premises((, establishment or place of business, and));
(b) Inspect the licenses and registrations of ((embalmers, funeral
directors and apprentices operating therein. Such inspector shall))
funeral directors, embalmers, funeral director interns, and embalmer
interns;
(c) Serve and execute any papers or process issued by the director
((of licensing)) under authority of this chapter((,)); and
(d) Perform any other duty or duties prescribed or ordered by the
director ((of licensing. Said inspector shall at all times be under
the supervision of said director of licensing and he may also assist
the state health commissioner in enforcing the provisions of the law
relating to health and such rules and regulations as shall have been
made and promulgated by the state board of health)).
Sec. 13 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, four professional and one
public member, 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)) profession.
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 1st
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.
The board shall meet once annually to elect a ((chairman)) chair,
((vice chairman)) vice-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 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
constitute a quorum.
Sec. 14 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 the following duties and responsibilities:
(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. 15 RCW 18.39.181 and 1997 c 58 s 819 are each amended to
read as follows:
The director shall have the following powers and duties:
(1) To issue all licenses provided for under this chapter;
(2) To renew licenses under this chapter;
(3) To collect all fees prescribed and required under this chapter;
(4) To immediately suspend the license of a person who has been
certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a support
order ((or a residential or visitation order)); ((and))
(5) To keep ((general books of)) records of all official acts,
proceedings, and transactions of the department of licensing ((while
acting under this chapter)); and
(6) To employ the necessary staff to carry out the duties of this
chapter.
Sec. 16 RCW 18.39.195 and 1979 ex.s. c 62 s 1 are each amended to
read as follows:
(((1))) Every licensed funeral director, his or her agent, or his
or her employee shall give, or cause to be given, to the person making
funeral arrangements or arranging for shipment, transportation, or
other disposition of a deceased person:
(((a))) (1) If requested by telephone, accurate information
regarding the retail prices of funeral merchandise and services offered
for sale by that funeral director; and
(((b))) (2) At the time such arrangements are completed or prior to
the time of rendering the service, a written, itemized statement
showing to the extent then known the price of merchandise and service
that such person making such arrangements has selected, the price of
supplemental items of service and merchandise, if any, and the
estimated amount of each item for which the funeral service firm will
advance money as an accommodation to the person making such funeral
arrangements.
(((2) No such funeral director, his agent, or his employee, shall
bill or cause to be billed any item that is referred to as a "cash
advanced" item unless the net amount paid for such item by the funeral
director is the same amount as is billed to such funeral director.))
Sec. 17 RCW 18.39.215 and 2003 c 53 s 127 are each amended to
read as follows:
(1)(a) No licensed embalmer shall embalm ((a deceased body)) human
remains without first having obtained authorization from ((a family
member or representative of the deceased)) the individual or
individuals that have the right to control the disposition under RCW
68.50.160.
(b) ((Notwithstanding the above prohibition a licensee may embalm
without such authority when after due diligence no authorized person
can be contacted and embalming is in accordance with legal or accepted
standards of care in the community, or the licensee has good reason to
believe that the family wishes embalming. If embalming is performed
under these circumstances, the licensee shall not be deemed to be in
violation of the provisions of this subsection.)) The funeral director or embalmer shall inform the family
member or representative of the deceased that embalming is not required
by state law, except that embalming is required under certain
conditions as determined by rule by the state board of health.
(c)
(2)(a) Any ((person)) licensee authorized to dispose of human
remains shall refrigerate or embalm the ((body within twenty-four
hours)) human remains upon receipt of the ((body, unless disposition of
the body has been made)) human remains. However, subsection (1) of
this section and RCW 68.50.108 shall be complied with before ((a body
is)) human remains are embalmed. Upon written authorization of the
proper state or local authority, the provisions of this subsection may
be waived for a specified period of time.
(b) Violation of this subsection is a gross misdemeanor.
Sec. 18 RCW 18.39.217 and 2003 c 53 s 128 are each amended to
read as follows:
(1) A ((permit)) license or endorsement issued by the board or
under chapter 68.05 RCW is required in order to operate a crematory or
conduct a cremation.
(2) Conducting a cremation without a ((permit)) license or
endorsement is a misdemeanor. Each such cremation is a separate
violation.
(3) 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. 19 RCW 18.39.220 and 2003 c 53 s 129 are each amended to
read as follows:
(1) Every ((funeral director or embalmer)) licensee who pays, or
causes to be paid, directly or indirectly, money, or other valuable
consideration, for the securing of business((, and every person who
accepts money, or other valuable consideration, directly or indirectly,
from a funeral director or from an embalmer, in order that the latter
may obtain business)) is guilty of a gross misdemeanor.
(2) Every person who sells, or offers for sale, any share,
certificate, or interest in the business of any funeral director or
embalmer, or in any corporation, firm, or association owning or
operating a funeral establishment, which promises ((or purports)) to
give to the purchaser a right to the services of the funeral director,
embalmer, or corporation, firm, or association at a charge or cost less
than that offered or given to the public, is guilty of a gross
misdemeanor.
Sec. 20 RCW 18.39.231 and 2003 c 53 s 130 are each amended to
read as follows:
(1) A ((funeral director or any person under the supervision of a
funeral director)) licensee shall not, in conjunction with any
professional services performed for compensation under this chapter,
provide financial or investment advice to any person other than a
family member, represent any person in a real estate transaction, or
act as an agent under a power of attorney for any person. However,
this section shall not be deemed to prohibit a funeral establishment
from entering into prearrangement funeral service contracts in
accordance with this chapter or to prohibit a funeral director from
providing advice about government or insurance benefits.
(2) A violation of this section is a gross misdemeanor and is
grounds for disciplinary action.
(3) The board shall adopt ((such)) rules as the board deems
((reasonably)) necessary to prevent unethical financial dealings
between ((funeral directors)) licensees and their clients.
Sec. 21 RCW 18.39.250 and 1996 c 217 s 8 are each amended to read
as follows:
(1) Any funeral establishment selling funeral merchandise or
services by prearrangement funeral service contract and accepting
moneys therefore shall establish and maintain one or more
prearrangement funeral service trusts under Washington state law with
two or more designated trustees, for the benefit of the beneficiary of
the prearrangement funeral service contract ((or)). Funeral
establishments may join with one or more other Washington state
licensed funeral establishments in a "master trust" provided that each
member of the "master trust" shall comply individually with the
requirements of this chapter.
(2) Up to ten percent of the cash purchase price of each
prearrangement funeral service contract, excluding sales tax, may be
retained by the funeral establishment unless otherwise provided in this
chapter. If the prearrangement funeral service contract is canceled
within thirty calendar days of its signing, then the purchaser shall
receive a full refund of all moneys paid under the contract.
(3) At least ninety percent of the cash purchase price of each
prearrangement funeral service contract, paid in advance, excluding
sales tax, shall be placed in the trust established or utilized by the
funeral establishment. Deposits to the prearrangement funeral service
trust shall be made not later than the twentieth day of the month
following receipt of each payment made on the last ninety percent of
each prearrangement funeral service contract, excluding sales tax.
(4) All prearrangement funeral service trust moneys shall be
deposited in an insured account in a ((qualified)) public depositary or
shall be invested in instruments issued or insured by any agency of the
federal government ((if these securities are held in a public
depositary)). The account or investments shall be designated as the
prearrangement funeral service trust of the funeral establishment for
the benefit of the beneficiaries named in the prearrangement funeral
service contracts. The prearrangement funeral service trust shall not
be considered as, ((nor shall it be)) or used as, an asset of the
funeral establishment.
(5) After deduction of reasonable fees for the administration of
the trust, taxes paid or withheld, or other expenses of the trust, all
interest, dividends, ((increases,)) or ((accretions of whatever
nature)) growth earned by a trust ((shall be kept unimpaired and))
shall become a part of the trust. Adequate records shall be maintained
to allocate the share of principal and interest to each contract. Fees
deducted for the administration of the trust shall not exceed one
percent per year of the amount in trust. In no instance shall the
administrative charges deducted from the prearrangement funeral service
trust reduce, diminish, or in any other way lessen the value of the
trust so that the services or merchandise provided for under the
contract are reduced, diminished, or in any other way lessened.
(6) Except as otherwise provided in this chapter, the trustees of
a prearrangement funeral service trust shall permit withdrawal of all
funds deposited under a prearrangement funeral service contract, plus
accruals thereon, under the following circumstances and conditions:
(a) If the funeral establishment files a verified statement with
the trustees that the prearrangement funeral merchandise and services
covered by the contract have been furnished and delivered in accordance
therewith; or
(b) If the funeral establishment files a verified statement with
the trustees that the prearrangement funeral merchandise and services
covered by the contract have been canceled in accordance with its
terms.
(7) Subsequent to the thirty calendar day cancellation period
provided for in this chapter, any purchaser or beneficiary who has a
revocable prearrangement funeral service contract has the right to
demand a refund of the amount in trust.
(8) Prearrangement funeral service contracts which have or should
have an account in a prearrangement funeral service trust may be
terminated by the board if the funeral establishment goes out of
business, becomes insolvent or bankrupt, makes an assignment for the
benefit of creditors, has its prearrangement funeral service
certificate of registration revoked, or for any other reason is unable
to fulfill the obligations under the contract. In such event, or upon
demand by the purchaser or beneficiary of the prearrangement funeral
service contract, the funeral establishment shall refund to the
purchaser or beneficiary all moneys deposited in the trust and
allocated to the contract unless otherwise ordered by a court of
competent jurisdiction. The purchaser or beneficiary may, in lieu of
a refund, elect to transfer the prearrangement funeral service contract
and all amounts in trust to another funeral establishment licensed
under this chapter which will agree, by endorsement to the contract, to
be bound by the contract and to provide the funeral merchandise or
services. Election of this option shall not relieve the defaulting
funeral establishment of its obligation to the purchaser or beneficiary
for any amounts required to be, but not placed, in trust.
(9) Prior to the sale or transfer of ownership or control of any
funeral establishment which has contracted for prearrangement funeral
service contracts, any person, corporation, or other legal entity
desiring to acquire such ownership or control shall apply to the
director in accordance with RCW 18.39.145. Persons and business
entities selling or relinquishing, and persons and business entities
purchasing or acquiring ownership or control of such funeral
establishments shall each verify and attest to a report showing the
status of the prearrangement funeral service trust or trusts on the
date of the sale. This report shall be on a form prescribed by the
board and shall be considered part of the application for a funeral
establishment license. In the event of failure to comply with this
subsection, the funeral establishment shall be deemed to have gone out
of business and the provisions of subsection (8) of this section shall
apply.
(10) Prearrangement funeral service trust moneys shall not be used,
directly or indirectly, for the benefit of the funeral establishment or
any director, officer, agent, or employee of the funeral establishment
including, but not limited to, any encumbrance, pledge, or other use of
prearrangement funeral service trust moneys as collateral or other
security.
(11)(a) If, at the time of the signing of the prearrangement
funeral service contract, the beneficiary of the trust is a recipient
of public assistance as defined in RCW 74.04.005, or reasonably
anticipates being so defined, the contract may provide that the trust
will be irrevocable. If after the contract is entered into, the
beneficiary becomes eligible or seeks to become eligible for public
assistance under Title 74 RCW, the contract may provide for an election
by the beneficiary, or by the purchaser on behalf of the beneficiary,
to make the trust irrevocable thereafter in order to become or remain
eligible for such assistance.
(b) The department of social and health services shall notify the
trustee of any prearrangement service trust that the department has a
claim on the estate of a beneficiary for long-term care services. Such
notice shall be renewed at least every three years. The trustees upon
becoming aware of the death of a beneficiary shall give notice to the
department of social and health services, office of financial recovery,
who shall file any claim there may be within thirty days of the notice.
(12) Every prearrangement funeral service contract financed through
a prearrangement funeral service trust shall contain language which:
(a) Informs the purchaser of the prearrangement funeral service
trust and the amount to be deposited in the trust;
(b) Indicates if the contract is revocable or not in accordance
with subsection (11) of this section;
(c) Specifies that a full refund of all moneys paid on the contract
will be made if the contract is canceled within thirty calendar days of
its signing;
(d) Specifies that, in the case of cancellation by a purchaser or
beneficiary eligible to cancel under the contract or under this
chapter, up to ten percent of the contract amount may be retained by
the seller to cover the necessary expenses of selling and setting up
the contract;
(e) Identifies the trust to be used and contains information as to
how the trustees may be contacted.
Sec. 22 RCW 18.39.255 and 1995 1st sp.s. c 18 s 63 are each
amended to read as follows:
Prearranged funeral service contracts funded through insurance
shall contain language which:
(1) States the amount of insurance;
(2) Informs the purchaser of the name and address of the insurance
company through which the insurance will be provided((, the policy
number,)) and the name of the beneficiary;
(3) Informs the purchaser that amounts paid for insurance may not
be refundable;
(4) Informs that any funds from the policy not used for services
may be subject to a claim for reimbursement for long-term care services
paid for by the state; and
(5) States that for purposes of the contract, the procedures in RCW
18.39.250(11)(b) shall control such recoupment.
Sec. 23 RCW 18.39.345 and 1989 c 390 s 10 are each amended to
read as follows:
(1) The board shall examine a prearrangement funeral service trust
whenever it deems it necessary, but at least once every three years, or
whenever the licensee fails after reasonable notice from the board to
file the reports required by this chapter or the board.
(2) The expense of the prearrangement funeral service trust
examination shall be paid by the licensee and shall not be deducted
from the earnings of the trust. ((In the case of a "master trust," the
expense of the prearrangement funeral service trust examination shall
be shared jointly by all funeral establishments participating in such
trust.))
(3) Such examination shall be conducted in private in the principal
office of the licensee and the records relating to prearrangement
funeral service contracts and prearrangement funeral service trusts
shall be available at such office.
Sec. 24 RCW 18.39.410 and 2002 c 86 s 221 are each amended to
read as follows:
In addition to the unprofessional conduct described in RCW
18.235.130, the board may take disciplinary action and may impose any
of the sanctions specified in RCW 18.235.110 for the following conduct,
acts, or conditions:
(1) Solicitation of ((dead)) human ((bodies)) remains by a
licensee, registrant, endorsement, or permit holder, or agent,
assistant, or employee of the licensee, registrant, endorsement, or
permit holder whether the solicitation occurs after death or while
death is impending. This chapter does not prohibit general advertising
or the sale of prearrangement funeral service contracts;
(2) Solicitation may include employment of solicitors, payment of
commission, bonus, rebate, or any form of gratuity or payment of a
finders fee, referral fee, or other consideration given for the purpose
of obtaining or providing the services for ((a dead)) human ((body))
remains or where death is impending;
(3) Acceptance by a licensee, registrant, endorsement, or permit
holder or other employee of a funeral establishment of a commission,
bonus, rebate, or gratuity in consideration of directing business to a
cemetery, crematory, mausoleum, columbarium, florist, or other person
providing goods and services to the disposition of ((dead)) human
((bodies)) remains;
(4) Using a casket or part of a casket that has previously been
used as a receptacle for, or in connection with, the burial or other
disposition of ((a dead)) human ((body)) remains without the written
consent of the person lawfully entitled to control the disposition of
remains of the deceased person in accordance with RCW 68.50.160. This
subsection does not prohibit the use of rental caskets, such as caskets
of which the outer shell portion is rented and the inner insert that
contains the ((dead)) human ((body)) remains is purchased and used for
the disposition, that are disclosed as such in the statement of funeral
goods and services;
(5) Violation of a state law, municipal law, or county ordinance or
regulation affecting the handling, custody, care, transportation, or
disposition of ((dead)) human ((bodies)) remains;
(6) Refusing to promptly surrender the custody of ((a dead)) human
((body)) remains upon the expressed order of the person lawfully
entitled to its custody under RCW 68.50.160;
(7) Selling, or offering for sale, a share, certificate, or an
interest in the business of a funeral establishment, or in a
corporation, firm, or association owning or operating a funeral
establishment that promises or purports to give to purchasers a right
to the services of a licensee, registrant, endorsement, or permit
holder at a charge or cost less than offered or given to the public;
(8) Violation of any state or federal statute or administrative
ruling relating to funeral practice;
(9) Knowingly concealing information concerning a violation of this
title.
Sec. 25 RCW 18.39.800 and 1996 c 217 s 9 are each amended to read
as follows:
The funeral directors and embalmers account is created in the state
treasury. 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 July 1, 1993, shall be
transferred to the funeral directors and embalmers account.))
NEW SECTION. Sec. 26 A new section is added to chapter 18.39 RCW
to read as follows:
(1) The director shall issue a certificate of removal registration
to a funeral establishment licensed in another state contiguous to
Washington, with laws substantially similar to the provisions of this
section, for the limited purpose of removing human remains from
Washington prior to submitting a certificate of death. Licensed
funeral establishments wishing to participate must: Apply to the
department of licensing for a certificate of removal registration, on
a form provided by the department, and pay the required application
fee, as set by the director.
(2) For purposes of this section, each branch of a registrant's
funeral establishment is a separate establishment and must be
registered as a fixed place of business.
(3) Certificates of death, notices of removal, and disposition
permits are governed by chapter 70.58 RCW.
(4) The conduct of funeral directors, embalmers, or any other
person employed by or acting on behalf of a removal registrant is the
direct responsibility of the holder of the certificate of removal
registration.
(5) The board may impose sanctions upon the holder of a certificate
of removal registration if the registrant is found to be in violation
of any death care statute or rule.
(6) Certificates of removal registration expire January 31st, or as
otherwise determined by the director.
Sec. 27 RCW 68.04.020 and 1977 c 47 s 1 are each amended to read
as follows:
"Human remains" or "remains" means the body of a deceased person,
((and)) includes the body in any stage of decomposition ((except)), and
includes cremated human remains.
Sec. 28 RCW 68.04.030 and 1977 c 47 s 2 are each amended to read
as follows:
"Cremated human remains" means ((a human body after)) the end
products of cremation ((in a crematory)).
Sec. 29 RCW 68.04.040 and 1990 c 92 s 7 are each amended to read
as follows:
"Cemetery" means: (1) Any one, or a combination of more than one,
of the following, in a place used, or intended to be used((,)) for the
placement of human remains and dedicated, for cemetery purposes:
(a) A burial park, for earth interments.
(b) A mausoleum, for crypt interments.
(c) A columbarium, for permanent ((cinerary)) niche interments; or
(2) For the purposes of chapter 68.60 RCW only, "cemetery" means
any burial site, burial grounds, or place where five or more human
remains are buried. Unless a cemetery is designated as a parcel of
land identifiable and unique as a cemetery within the records of the
county assessor, a cemetery's boundaries shall be a minimum of ten feet
in any direction from any burials therein.
Sec. 30 RCW 68.04.070 and 1943 c 247 s 7 are each amended to read
as follows:
"Crematory" means a building or ((structure containing one or more
retorts for the reduction of bodies of deceased persons to cremated))
area of a building that houses one or more cremation chambers, to be
used for the cremation of human remains.
Sec. 31 RCW 68.04.080 and 1943 c 247 s 8 are each amended to read
as follows:
"Columbarium" means a structure, room, or other space in a building
or structure containing niches for permanent ((inurnment)) placement of
cremated human remains in a place used, or intended to be used, and
dedicated, for cemetery purposes.
Sec. 32 RCW 68.04.100 and 1943 c 247 s 10 are each amended to
read as follows:
"Interment" means the ((disposition)) placement of human remains
((by cremation and inurnment, entombment, or burial in a place used, or
intended to be used, and dedicated, for cemetery purposes)) in a
cemetery.
Sec. 33 RCW 68.04.110 and 1987 c 331 s 1 are each amended to read
as follows:
"Cremation" means the reduction of ((the body of a deceased person
to cremated)) human remains to bone fragments in a crematory ((in such
a manner that the largest dimension of any remaining particle does not
exceed five millimeters: PROVIDED, That if a person entitled to
possession of such remains under the provisions of RCW 68.50.270 is
going to place the cremated remains in a cemetery, mausoleum,
columbarium, or building devoted exclusively to religious purposes, the
five millimeter dimension requirement shall not apply)) by means of
incineration.
Sec. 34 RCW 68.04.120 and 1943 c 247 s 12 are each amended to
read as follows:
"Inurnment" means placing cremated human remains in ((an urn or
vault and placing it in a niche)) a cemetery.
Sec. 35 RCW 68.04.130 and 1943 c 247 s 13 are each amended to
read as follows:
"Entombment" means the placement of human remains in a crypt ((or
vault)).
Sec. 36 RCW 68.04.160 and 1979 c 21 s 3 are each amended to read
as follows:
"Crypt" means a space in a mausoleum ((of sufficient size, used or
intended to be used, to entomb uncremated)) for the placement of human
remains.
Sec. 37 RCW 68.04.165 and 1979 c 21 s 4 are each amended to read
as follows:
(("Vault", "lawn crypt" or "liner")) "Outer burial container" means
any container which is buried in the ground ((and into which)) for the
placement of human remains ((are placed)) in the burial process. Outer
burial containers include, but are not limited to vaults, lawn crypts,
and liners.
Sec. 38 RCW 68.04.170 and 1943 c 247 s 17 are each amended to
read as follows:
"Niche" means a space in a columbarium ((or urn garden used, or
intended to be used,)) for ((inurnment)) placement of cremated human
remains.
Sec. 39 RCW 68.04.190 and 1943 c 247 s 19 are each amended to
read as follows:
"Cemetery authority" ((includes cemetery corporation, association,
corporation sole, or other person owning or controlling cemetery lands
or property)) means an entity that has obtained a certificate of
authority to operate a cemetery from the cemetery board, or any other
entity that operates a cemetery that is not under the jurisdiction of
the cemetery board.
Sec. 40 RCW 68.04.210 and 1943 c 247 s 21 are each amended to
read as follows:
"Cemetery business"((, "cemetery businesses", and "cemetery
purposes" are used interchangeably and mean any and all business and
purposes requisite to, necessary for, or incident to,)) includes
establishing, maintaining, operating, and improving((, or conducting))
a cemetery((, interring)) for the placement of human remains, and the
care((,)) and preservation((, and embellishment)) of the cemetery
property.
Sec. 41 RCW 68.04.230 and 1943 c 247 s 23 are each amended to
read as follows:
"Lot"((,)) or "plot"((, or "interment plot")) means space in a
cemetery, used or intended to be used for the interment of human
remains. ((Such terms include and apply to one or more than one
adjoining graves, one or more than one adjoining crypts or vaults, or
one or more than one adjoining niches.))
NEW SECTION. Sec. 42 A new section is added to chapter 68.04 RCW
to read as follows:
"Interment right" means the right to inter human remains in a
particular space in a cemetery.
NEW SECTION. Sec. 43 A new section is added to chapter 68.04 RCW
to read as follows:
"Scattering garden" means a designated area in a cemetery for the
scattering of cremated human remains.
NEW SECTION. Sec. 44 A new section is added to chapter 68.04 RCW
to read as follows:
"Scattering" means the removal of cremated human remains from their
container for the purpose of scattering the cremated human remains in
any lawful manner.
Sec. 45 RCW 68.04.240 and 1943 c 247 s 24 are each amended to
read as follows:
(("Plot owner", "owner", or "lot proprietor")) "Owner of interment
rights" means any person ((in whose name an interment plot stands of
record as owner,)) who is listed as the owner of record of a right or
rights of interment in the office of a cemetery authority.
Sec. 46 RCW 68.05.010 and 1953 c 290 s 26 are each amended to
read as follows:
The definitions in chapter 68.04 RCW are applicable to this chapter
and govern the meaning of terms used ((herein)) in this chapter, except
as otherwise provided ((expressly or by necessary implication)).
Sec. 47 RCW 68.05.030 and 1987 c 331 s 4 are each amended to read
as follows:
The terms "endowment care" or "endowed care" used in this chapter
shall include special care((, care, or maintenance)) funds and all
funds held for or represented as maintenance funds.
Sec. 48 RCW 68.05.040 and 1987 c 331 s 5 are each amended to read
as follows:
A cemetery board is created to consist of ((six)) five members to
be appointed by the governor. Appointments shall be for four-year
terms. Each 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.
Sec. 49 RCW 68.05.050 and 1979 c 21 s 5 are each amended to read
as follows:
((Three)) Four members of the board shall be persons who have had
experience in this state in the active administrative management of a
cemetery authority or as a member of ((the)) a cemetery's board of
directors ((thereof)). ((Two members of the board shall be persons who
have legal, accounting, or other professional experience which relates
to the duties of the board. The sixth)) One member of the board shall
represent the general public and shall not have a financial interest in
the cemetery business.
Sec. 50 RCW 68.05.080 and 1987 c 331 s 6 are each amended to read
as follows:
The board shall meet at least ((twice)) once a year in order to
conduct its business ((and)). The board may meet at ((such)) other
designated times as ((it may designate.)) determined by the chair, the
director, or a majority of board members ((may call a meeting)). The
board may meet at any place within this state.
Sec. 51 RCW 68.05.090 and 1987 c 331 s 7 are each amended to read
as follows:
The board shall enforce and administer the provisions of chapters
68.04 through 68.50 RCW, subject to provisions of RCW ((68.05.280))
68.05.400. The board may adopt and amend bylaws establishing its
organization and method of operation. ((In addition to enforcement of
this chapter the board shall enforce chapters 68.20, 68.24, 68.28,
68.32, 68.36, 68.40, 68.44, 68.46, and 68.50 RCW.)) The board may
refer such evidence as may be available concerning violations of
chapters ((68.20, 68.24, 68.28, 68.32, 68.36, 68.40, 68.44, 68.46,
and)) 68.04 through 68.50 RCW to the attorney general or the proper
prosecuting attorney, who may in his or her discretion, with or without
such a reference, in addition to any other action the board might
commence, bring an action ((in the name of the board)) against any
person to restrain ((and)) or prevent the doing of any act or practice
prohibited or declared unlawful in chapters ((68.20, 68.24, 68.28,
68.32, 68.36, 68.40, 68.44, 68.46, or)) 68.04 through 68.50 RCW and
shall have standing to seek enforcement of said provisions in the
superior court of the state of Washington for the county in which the
principal office of the cemetery authority is located.
Sec. 52 RCW 68.05.100 and 1993 c 43 s 3 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)). The board shall prescribe the ((form of statements))
application forms and reports provided for in this title. Rules
regulating the cremation of human remains and establishing ((permit))
requirements shall be adopted in consultation with the state board of
funeral directors and embalmers.
Sec. 53 RCW 68.05.105 and 2002 c 86 s 316 are each amended to
read as follows:
In addition to the authority in RCW 18.235.030, the board has the
following authority:
(1) To adopt, amend, and rescind ((such)) rules ((as are deemed))
necessary to carry out this title; and
(2) To adopt standards of professional conduct or practice.
Sec. 54 RCW 68.05.115 and 1987 c 331 s 11 are each amended to
read as follows:
Prior to the sale or transfer of ownership or control of any
cemetery authority or the creation of a new cemetery, any person((,
corporation)) or ((other legal)) entity desiring to acquire such
ownership or control or ((desiring)) to create a new cemetery shall
apply in writing to the board for a new certificate of authority to
operate a cemetery ((and shall comply with all provisions of Title 68
RCW relating to applications for, and the basis for granting, an
original certificate of authority)). The board shall((, in addition,))
enter any order deemed necessary for the protection of all endowment
care funds and/or prearrangement trust fund during such transfer. As
a condition of applying for a new certificate of authority, the entity
desiring to acquire such ownership or control must agree to be bound by
all then existing prearrangement contracts ((and the board shall enter
that agreement as a condition of the transfer)). Persons and business
entities selling and persons and business entities purchasing ownership
or control of a cemetery authority shall each verify and attest to an
endowment care fund report and/or a prearrangement trust fund report
showing the status of such funds on the date of the sale on a written
report form prescribed by the board. Such reports shall be considered
part of the application for authority to operate. Failure to comply
with this section shall be a gross misdemeanor and any sale or transfer
in violation of this section shall be void.
Sec. 55 RCW 68.05.150 and 1979 c 21 s 8 are each amended to read
as follows:
In making such examination the board:
(1) Shall have free access to the books and records relating to the
endowment care funds((, their collection and investment, and the number
of graves, crypts, and niches under endowment care)) and prearrangement
trust funds;
(2) Shall inspect and examine the endowment care funds and
prearrangement trust funds to determine their condition and the
((existence)) status of the investments; and
(3) Shall ((ascertain if)) verify that the cemetery authority has
complied with all the laws applicable to endowment care funds((;)) and prearrangement trust funds.
(4) Shall have free access to all records required to be maintained
pursuant to this chapter and to chapter 68.46 RCW with respect to
prearrangement merchandise or services, unconstructed crypts or niches,
or undeveloped graves; and
(5) Shall ascertain if the cemetery authority has complied with the
laws applicable to
Sec. 56 RCW 68.05.170 and 2002 c 86 s 317 are each amended to
read as follows:
(1) Whenever the board finds, after notice and hearing, that any
endowment care funds have been invested in violation of this title, it
may by written order mailed to the person or body in charge of the fund
require the reinvestment of the funds in conformity with this title
within the period specified by it which shall be not more than six
months. Such period may be extended by the board in its discretion.
(2) The board may bring actions for the preservation and protection
of endowment care funds in the superior court of the county in which
the cemetery is located ((and)). The court shall appoint substitute
trustees and make any other order which may be necessary for the
preservation, protection, and recovery of endowment care funds,
whenever a cemetery authority or the trustees of its fund have:
(a) Transferred or attempted to transfer any property to, or made
any loan from, the endowment care funds for the benefit of the cemetery
authority or any director, officer, agent or employee of the cemetery
authority or trustee of any endowment care funds; or,
(b) Failed to reinvest endowment care funds in accordance with a
board order issued under subsection (1) of this section; or,
(c) Invested endowment care funds in violation of this title; or,
(d) Taken action or failed to take action to preserve and protect
the endowment care funds((, evidencing a lack of concern therefor));
or,
(e) Become financially irresponsible or transferred control of the
cemetery authority to any person who, or business entity which, is
financially irresponsible; or,
(f) Is in danger of becoming insolvent or has gone into bankruptcy
or receivership; or,
(g) Taken any action in violation of Title 68 RCW or failed to take
action required by Title 68 RCW or has failed to comply with lawful
rules and orders of the board.
(3) Whenever the board or its representative has reason to believe
that endowment care funds or prearrangement trust funds are in danger
of being lost or ((dissipated)) diminished during the time required for
notice and hearing, it may immediately impound or seize documents,
financial instruments, or other trust fund assets, or take other
actions deemed necessary under the circumstances for the preservation
and protection of endowment care funds or prearrangement trust funds,
including, but not limited to, immediate substitutions of trustees.
Sec. 57 RCW 68.05.173 and 1987 c 331 s 24 are each amended to
read as follows:
Upon violation of any of the provisions of this title, the board
may revoke or suspend the certificate of authority ((and may revoke,
suspend, or terminate the prearrangement sales license of any cemetery
authority)) or any other license issued by the board.
Sec. 58 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)) scatters cremated remains by land, ((by))
air, or ((by)) sea or performs any other disposition of cremated human
remains outside of a cemetery shall have a permit ((or endorsement))
issued in accordance with RCW 68.05.100 and shall be subject to that
section.
Sec. 59 RCW 68.05.210 and 1969 ex.s. c 99 s 2 are each amended to
read as follows:
The board may require such proof as it deems advisable concerning
the compliance by such applicant to all the laws, rules, regulations,
ordinances and orders applicable to it. The board shall also require
proof that the applicant and its officers and directors are financially
responsible, ((trustworthy and have good personal and business
reputations,)) in order that only cemeteries of permanent benefit to
the community in which they are located will be established in this
state.
Sec. 60 RCW 68.05.215 and 1987 c 331 s 17 are each amended to
read as follows:
The regulatory charges for cemetery certificates at all periods of
the year are the same as provided in this chapter. All regulatory
charges are payable at the time of the filing of the application and in
advance of the issuance of the certificates. All certificates shall be
issued for the year and shall expire at midnight, the thirty-first day
of January of each year, or at whatever time during any year that
ownership or control of any cemetery authority is transferred or sold.
Cemetery certificates shall not be transferable. ((Failure to pay the
regulatory charge fixed by the director prior to the first day of
February for any year automatically shall suspend the certificate of
authority. Such certificate may be restored upon payment to the
department of the prescribed charges.))
Sec. 61 RCW 68.05.225 and 1987 c 331 s 18 are each amended to
read as follows:
All prearrangement sales licenses issued under this chapter shall
be issued for the year and shall expire at midnight, the thirty-first
day of January of each year, or at whatever time during any year that
ownership or control of any cemetery authority is transferred or sold.
The director, in accordance with RCW 43.24.086, shall set and the
department shall collect in advance the fees required for licensing.
((Failure to pay the regulatory charge fixed by the director before
the first day of February for any year shall automatically suspend the
license. Such license may be restored upon payment to the department
of the prescribed charges.))
Sec. 62 RCW 68.05.235 and 2002 c 86 s 318 are each amended to
read as follows:
(1) Each authorized cemetery authority shall, within ninety days
after the close of its accounting year, file with the board ((upon the
board's request a true and accurate statement of its financial
condition, transactions, and affairs)) an endowment care trust fund
report and a prearrangement trust fund report for the preceding year.
The ((statement)) reports shall be on such forms and shall contain such
information as required by this chapter and by the board.
(2) The failure to file a ((statement)) report as required under
subsection (1) of this section constitutes unprofessional conduct for
which the board may take disciplinary action against the prearrangement
sales license of the cemetery authority. In addition, the board may
take disciplinary action against any other license held by the cemetery
authority.
Sec. 63 RCW 68.05.240 and 1953 c 290 s 52 are each amended to
read as follows:
It shall be a misdemeanor for any cemetery authority to make any
interment without a valid, ((subsisting, and)) unsuspended certificate
of authority. Each interment shall be a separate violation.
Sec. 64 RCW 68.05.245 and 1987 c 331 s 20 are each amended to
read as follows:
All crematory permits or endorsements issued under this chapter
shall be issued for the year and shall expire at midnight, the thirty-first day of January of each year, or at whatever time during any year
that ownership or control of any cemetery authority which operates such
crematory is transferred or sold.
The director shall set and the department shall collect in advance
the fees required for licensing.
((Failure to pay the regulatory charge fixed by the director before
the first day of February for any year shall automatically suspend the
permit or endorsement. Such permit or endorsement may be restored upon
payment to the department of the prescribed charges.))
Sec. 65 RCW 68.05.254 and 1987 c 331 s 21 are each amended to
read as follows:
(1) The board shall examine the endowment care and prearrangement
trust fund or funds of a cemetery authority:
(a) Whenever it deems necessary, but at least once every three
years after the original examination except where the cemetery
authority is either required by the board to, or voluntarily files an
annual financial report for the fund certified by a certified public
accountant or a licensed public accountant in accordance with generally
accepted auditing standards;
(b) One year following the issuance of a new certificate of
authority;
(c) Whenever the cemetery authority in charge of endowment care or
prearrangement trust fund or funds fails after reasonable notice from
the board to file the reports required by this chapter; or
(d) Whenever it is requested by verified petition signed by twenty-five lot owners alleging that the endowment care funds are not in
compliance with this title, or whenever it is requested by verified
petition signed by twenty-five purchasers or beneficiaries of
prearrangement merchandise or services alleging that the prearrangement
trust funds are not in compliance with this title, in either of which
cases, the examination shall be at the expense of the petitioners.
(2) The expense of the endowment care and prearrangement trust
fund examination as provided in subsection (1)(a) and (b) of this
section shall be paid by the cemetery authority. Such examination
shall be privately conducted in the principal office of the cemetery
authority.
(3) The requirements that examinations be conducted once every
three years and that they be conducted in the principal office of the
cemetery authority do not apply to any endowment care or prearrangement
fund that is less than twenty-five thousand dollars. The board shall,
at its discretion, decide when and where the examinations shall take
place.
(4) Examination expenses incurred in conjunction with a transfer of
ownership of a cemetery must be paid by the selling entity.
(5) All examination expense moneys collected by the department must
be paid to the cemetery account created in RCW 68.05.285.
Sec. 66 RCW 68.05.259 and 2002 c 86 s 319 are each amended to
read as follows:
If any cemetery authority refuses to pay any examination expenses
within thirty days of completion of the examination or refuses to pay
certain examination expenses in advance as required by the department
for cause, the board may take disciplinary action against any existing
certificate of authority. ((Examination expenses incurred in
conjunction with a transfer of ownership of a cemetery shall be paid by
the selling entity. All examination expense moneys collected by the
department shall be paid to the program account.))
Sec. 67 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 cemetery account is
created in the custody 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)). All
moneys received under this chapter must be deposited in the account.
Expenditures from the account may be used only for the purposes of this
chapter. Only the cemetery board may authorize expenditures from the
account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
Sec. 68 RCW 68.05.290 and 1979 c 21 s 12 are each amended to read
as follows:
Members of the board shall be immune from suit in any action, civil
or criminal, based upon any official acts performed in good faith as
members of ((such)) the board((, and)). The state shall defend,
indemnify, and hold the members of the board harmless from all claims
or suits arising in any manner from such acts. Expenses incurred by
the state under this section shall be paid from the general fund.
Sec. 69 RCW 68.05.330 and 2002 c 86 s 323 are each amended to
read as follows:
Unless specified otherwise in this title, any person who violates
or aids or abets any person in the violation of any of the provisions
of this title shall be guilty of a class C felony punishable under
chapter 9A.20 RCW. A violation shall constitute an unfair practice
under chapter 19.86 RCW and shall be grounds for disciplinary action
against the certificate of authority or any other license issued by the
board under this chapter and chapter 18.235 RCW ((or disciplinary
action against the prearrangement sales license under this chapter and
chapter 18.235 RCW)). Retail installment transactions under this
chapter shall be governed by chapter 63.14 RCW. The provisions of this
chapter shall ((be cumulative and nonexclusive and shall)) not affect
any other remedy available at law.
Sec. 70 RCW 68.05.340 and 2002 c 86 s 324 are each amended to
read as follows:
Whenever the board or its authorized representative determines that
a cemetery authority is in violation of this title((, other than
engaging in unlicensed activity,)) or that the continuation of acts or
practices of the cemetery authority is likely to cause insolvency or
substantial ((dissipation)) loss of assets or earnings of the cemetery
authority's endowment care or prearrangement trust fund ((or to
otherwise seriously prejudice the interests of the purchasers or
beneficiaries of prearrangement contracts)), the board, or its
authorized representative, may issue a temporary order requiring the
cemetery authority to cease and desist from the violation or practice.
The order shall become effective upon service on the cemetery authority
((and)). The order shall remain effective unless set aside, limited,
or suspended by a court in proceedings under RCW 68.05.350 ((or)),
until the board dismisses the charges specified in the notice ((under
RCW 68.05.320)), or until the effective date of a cease and desist
order issued against the cemetery authority under RCW 68.05.320.
Actions for unlicensed activity must be conducted under RCW 18.235.150.
Sec. 71 RCW 68.20.061 and 1943 c 247 s 47 are each amended to
read as follows:
It may restrict and limit the use of all property within its
cemetery, including interment rights.
Sec. 72 RCW 68.20.110 and 1961 c 103 s 2 are each amended to read
as follows:
((Such association)) Nonprofit cemetery associations shall be
authorized to purchase or take by gift or devise, and hold land exempt
from execution and from any appropriation to public purposes for the
sole purpose of a cemetery not exceeding eighty acres, which shall be
exempt from taxation if intended to be used exclusively for burial
purposes without discrimination as to race, color, national origin or
ancestry, and in nowise with a view to profit of the members of such
association: PROVIDED, That when the land already held by the
association is all practically used then the amount thereof may be
increased by adding thereto not exceeding twenty acres at a time.
((Such association may by its bylaws provide that a stated percentage
of the moneys realized from the sale of lots, donations or other
sources of revenue, shall constitute an irreducible fund, which fund
may be invested in such manner or loaned upon such securities as the
association or the trustees thereof may deem proper. The interest or
income arising from the irreducible fund, provided for in any bylaws,
or so much thereof as may be necessary, shall be devoted exclusively to
the preservation and embellishment of the lots sold to the members of
such association, and where any bylaws has been enacted for the
creation of an irreducible fund as herein provided for it cannot
thereafter be amended in any manner whatever except for the purpose of
increasing such fund. After paying for the land all the future
receipts and income of such association subject to the provisions
herein for the creation of an irreducible fund, whether from the sale
of lots, from donations, rents or otherwise, shall be applied
exclusively to laying out, preserving, protecting and embellishing the
cemetery and the avenues leading thereto, and in the erection of such
buildings as may be necessary or convenient for the cemetery purposes,
and to paying the necessary expenses of the association. No debts
shall be contracted in anticipation of any future receipts except for
originally purchasing, laying out and embellishing the grounds and
avenues, for which debts so contracted such association may issue bonds
or notes and secure the same by way of mortgage upon any of its lands,
excepting such lots as shall have been conveyed to the members thereof;
and such association shall have power to adopt such rules and
regulations as they shall deem expedient for disposing of and for
conveying burial lots.))
Sec. 73 RCW 68.24.010 and 1943 c 247 s 61 are each amended to
read as follows:
Cemetery authorities may take by purchase, donation, or devise,
property consisting of lands, mausoleums, crematories, and
columbariums, or other property within which the ((interment of the
dead)) placement of human remains may be authorized by law.
Sec. 74 RCW 68.24.080 and 1943 c 247 s 68 are each amended to
read as follows:
Dedication to cemetery purposes pursuant to this act is not invalid
as violating any laws against perpetuities or the suspension of the
power of alienation of title to or use of property, but is expressly
permitted and shall be deemed to be in respect for the dead, a
provision for the ((interment)) placement of human remains, and a duty
to, and for the benefit of, the general public.
Sec. 75 RCW 68.24.090 and 1999 c 367 s 2 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)) placements of human remains were made in
or that all ((interments)) placements of human remains 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)) placement of
human remains.
(3) That notice of the proposed removal of dedication has been
given in writing to both the cemetery board and the office of
archaeology and historic preservation. This notice must be given at
least sixty days before filing the proceedings in superior court. The
notice of the proposed removal of dedication shall be recorded with the
auditor or recording officer of the county where the cemetery is
located at least sixty days before filing the proceedings in superior
court.
Sec. 76 RCW 68.24.100 and 1943 c 247 s 77 are each amended to
read as follows:
The notice of hearing provided in RCW 68.24.090 shall be given by
publication once a week for at least three consecutive weeks in a
newspaper of general circulation in the county where said cemetery is
located, and the posting of copies of the notice in three conspicuous
places on that portion of the property from which the dedication is to
be removed. ((Said)) The notice shall:
(1) Describe the portion of the cemetery property sought to be
removed from dedication.
(2) State that all human remains have been removed or that no
interments have been made in the portion of the cemetery property
sought to be removed from dedication.
(3) Specify the time and place of the hearing.
Sec. 77 RCW 68.24.110 and 1943 c 247 s 70 are each amended to
read as follows:
After filing the map or plat and recording the declaration of
dedication, a cemetery authority may sell and convey plots or rights of
interment subject to ((such)) the rules ((and regulations as may be
then)) in effect or thereafter adopted by the cemetery authority((,
and)). Plots or rights of interment may be subject to ((such)) other
((and further)) limitations, conditions, and restrictions as may be
((inserted in or made a)) part of the declaration of dedication by
reference, or included in the instrument of conveyance of ((such)) the
plot or rights of interment.
Sec. 78 RCW 68.24.120 and 1943 c 247 s 71 are each amended to
read as follows:
All plots or rights of interment, the use of which has been
conveyed by deed or certificate of ownership as a separate plot or
right of interment, are indivisible except with the consent of the
cemetery authority, or as provided by law.
Sec. 79 RCW 68.24.130 and 1943 c 247 s 73 are each amended to
read as follows:
It shall be unlawful for any person, firm, or corporation to sell
or offer to sell a cemetery plot or right of interment upon the
promise, representation, or inducement of resale at a financial profit.
Each person violating this section shall be guilty of a misdemeanor and
each violation shall constitute a separate offense.
Sec. 80 RCW 68.24.140 and 1943 c 247 s 74 are each amended to
read as follows:
It shall be unlawful for a cemetery authority to pay or offer to
pay to any person, firm, or corporation, directly or indirectly, a
commission or bonus or rebate or other thing of value for the sale of
a plot, right of interment, or services. This shall not apply to an
owner or a person regularly employed by the cemetery authority for such
purpose. Each person violating this section shall be guilty of a
misdemeanor and each violation shall constitute a separate offense.
Sec. 81 RCW 68.24.150 and 1943 c 247 s 75 are each amended to
read as follows:
Every person who pays ((or)), causes to be paid, or offers to pay
to any other person, firm, or corporation, directly or indirectly,
except as provided in RCW 68.24.140, any commission ((or)), bonus, or
rebate, or other thing of value in consideration of recommending or
causing ((a dead human body to be disposed of)) the disposition of
human remains in any crematory or cemetery, is guilty of a misdemeanor
((and)). Each violation shall constitute a separate offense.
Sec. 82 RCW 68.24.160 and 1943 c 247 s 60 are each amended to
read as follows:
All mortgages, deeds of trust, and other liens ((of any nature,
hereafter contracted,)) placed ((or incurred)) upon property which has
been ((and was at the time of the creation or placing of the lien,))
dedicated as a cemetery ((pursuant to this part)), or ((upon property))
which is afterwards((, with the consent of the owner of any mortgage,
trust deed or lien,)) dedicated to cemetery purposes pursuant to this
((part)) section, shall not affect or defeat the dedication((, but)).
The mortgage, deed of trust, or other lien is subject and subordinate
to ((such)) the dedication ((and)). Any and all sales made upon
foreclosure are subject and subordinate to the dedication for cemetery
purposes.
Sec. 83 RCW 68.24.170 and 1943 c 247 s 40 are each amended to
read as follows:
A record shall be kept of the ownership of all plots or rights of
interment in the cemetery, which have been conveyed by the cemetery
authority and of all transfers of plots and rights of interment in the
cemetery. No transfer of any plot((, heretofore or hereafter made,))
or ((any)) right of interment, shall be complete or effective until
recorded on the books of the cemetery authority.
Sec. 84 RCW 68.24.180 and 1994 c 273 s 20 are each amended to
read as follows:
After dedication under this title, and as long as the property
remains dedicated to cemetery purposes, a railroad, street, road,
alley, pipe line, pole line, or other public thoroughfare or utility
shall not be laid out, through, over, or across any part of it without
the consent of the cemetery authority ((owning and operating it,)) or
of not less than two-thirds of the owners of ((interment)) plots((:
PROVIDED HOWEVER, That a city of under twenty thousand may initiate,
prior to January 1, 1995, an action to condemn cemetery property if the
purpose is to further improve an existing street, or other public
improvement and the proposed improvement does not interfere with
existing interment plots containing human remains)) or rights of
interment.
Sec. 85 RCW 68.24.190 and 1909 c 249 s 241 are each amended to
read as follows:
Every person who shall make or open any road, or construct any
railway, turnpike, canal, or other public easement over, through, in,
or upon((, such part of)) any ((inclosure as may be)) property used for
the burial of ((the dead)) human remains, without authority of law or
the consent of the owner ((thereof)), shall be guilty of a misdemeanor.
Sec. 86 RCW 68.24.220 and 1857 p 28 s 2 are each amended to read
as follows:
Whenever any part of such burying ground shall have been designated
and appropriated by the ((proprietors thereof)) owners as the burying
place of any particular person or family, the same shall not be liable
to be taken or disposed of by any warrant ((or)), execution, ((for
any)) tax, or debt whatever; nor shall the same be liable to be sold to
satisfy the demands of creditors whenever the estate of ((such)) the
owner shall be insolvent.
Sec. 87 RCW 68.28.010 and 1943 c 247 s 134 are each amended to
read as follows:
RCW 68.28.020 through 68.28.070, 68.20.080, 68.20.090, ((68.48.040
and 68.48.060)) 68.56.040, and 68.56.050, apply to all buildings,
mausoleums, and columbariums used or intended to be used for the
((interment)) placement of the human remains of fifteen or more
persons, whether erected under or above the surface of the earth, where
any portion of the building is exposed to view or, when interment is
completed, is less than three feet below the surface of the earth and
covered by earth.
Sec. 88 RCW 68.28.020 and 1943 c 247 s 135 are each amended to
read as follows:
A building not erected for, or which is not used as, a place ((of
interment)) for placement of human remains which is converted or
altered for such use is subject to this act.
Sec. 89 RCW 68.28.030 and 1943 c 247 s 136 are each amended to
read as follows:
No building or structure intended to be used for the ((interment))
placement of human remains shall be constructed, and a building not
used for the ((interment)) placement of human remains shall not be
altered for use or used for interment purposes, unless constructed of
such material and workmanship as will ((insure)) ensure its durability
and permanence as dictated and determined at the time by modern
mausoleum construction and engineering science.
Sec. 90 RCW 68.28.060 and 2003 c 53 s 306 are each amended to
read as follows:
Every owner or operator of a mausoleum or columbarium erected in
violation of this act is guilty of maintaining a public nuisance((,)).
A violation of this section is a gross misdemeanor((, and upon
conviction is punishable by a fine of not less than five hundred
dollars nor more than five thousand dollars or by imprisonment in a
county jail for not less than one month nor more than six months, or by
both; and, in addition is liable for all costs, expenses, and
disbursements paid or incurred in prosecuting the case)).
Sec. 91 RCW 68.32.010 and 1943 c 247 s 88 are each amended to
read as follows:
All plots or rights of interment conveyed to individuals are
presumed to be the sole and separate property rights of the owner named
in the instrument of conveyance.
Sec. 92 RCW 68.32.020 and 1943 c 247 s 89 are each amended to
read as follows:
The spouse of an owner of any plot or right of interment containing
more than one ((interment)) placement space has a vested right of
((interment of his remains)) placement in the plot and any person
thereafter becoming the spouse of the owner has a vested right of
((interment of his remains)) placement in the plot if more than one
((interment)) space is unoccupied at the time the person becomes the
spouse of the owner.
Sec. 93 RCW 68.32.030 and 1943 c 247 s 90 are each amended to
read as follows:
No conveyance or other action of the owner without the written
consent ((or joinder)) of the spouse of the owner divests the spouse of
a vested right of ((interment, except that)) placement. A final decree
of divorce between them terminates the vested right of ((interment))
placement unless otherwise provided in the decree.
Sec. 94 RCW 68.32.040 and 1979 c 21 s 15 are each amended to read
as follows:
If no ((interment)) placement is made in ((an interment)) a plot or
right of interment, which has been transferred by deed or certificate
of ownership to an individual owner, ((or)) the title descends to the
surviving spouse. If there is no surviving spouse, the title descends
to the heirs at law of the owner. Following death of the owner, if all
remains previously ((interred)) placed are lawfully removed((, upon the
death of)) and the owner((, unless the owner has disposed)) did not
dispose of the plot ((either)) or right of interment by specific devise
or by a written declaration filed and recorded in the office of the
cemetery authority, the ((plot)) title descends to the surviving spouse
((or,)). If there is no surviving spouse, the title descends to the
heirs at law of the owner ((subject to the rights of interment of the
decedent)).
Sec. 95 RCW 68.32.050 and 1943 c 247 s 93 are each amended to
read as follows:
An affidavit by a person having knowledge of the facts setting
forth the fact of the death of the owner and the name of the person or
persons entitled to the use of the plot or right of interment pursuant
to RCW 68.32.010 through 68.32.040, is complete authorization to the
cemetery authority to permit the use of the unoccupied portions of the
plot or interment right by the person entitled to the use of it.
Sec. 96 RCW 68.32.060 and 1979 c 21 s 16 are each amended to read
as follows:
Whenever an interment of the human remains of a member or of a
relative of a member of the family of the record owner or of the
remains of the record owner is made in a plot transferred by deed or
certificate of ownership to an individual owner and both the owner and
the surviving spouse, if any, die with children then living without
making disposition of the plot either by a specific devise, or by a
written declaration filed and recorded in the office of the cemetery
authority, the plot shall thereafter be held as a family plot and shall
be subject to ((alienation)) sale only upon agreement of the children
of the owner living at the time of ((said alienation)) sale.
Sec. 97 RCW 68.32.070 and 1943 c 247 s 94 are each amended to
read as follows:
In a conveyance to two or more persons as joint tenants each joint
tenant has a vested right of ((interment)) placement in the plot or
right of interment conveyed.
Sec. 98 RCW 68.32.080 and 1943 c 247 s 95 are each amended to
read as follows:
Upon the death of a joint tenant, the title to the plot or right of
interment held in joint tenancy immediately vests in the survivors,
subject to the vested right of interment ((of the remains)) of the
deceased joint tenant.
Sec. 99 RCW 68.32.090 and 1943 c 247 s 96 are each amended to
read as follows:
An affidavit by any person having knowledge of the ((facts setting
forth the)) fact of the death of one joint tenant and establishing the
identity of the surviving joint tenants named in the deed to any plot
or right of interment, when filed with the cemetery authority
((operating the cemetery in which the plot is located)), is complete
authorization to the cemetery authority to permit the use of the
unoccupied portion of the plot or right of interment in accordance with
the directions of the surviving joint tenants ((or their successors in
interest)).
Sec. 100 RCW 68.32.100 and 1943 c 247 s 97 are each amended to
read as follows:
When there are several owners of a plot((,)) or ((of rights)) right
of interment ((in it)), they may designate one or more persons to
represent the plot or interment right and file written notice of
designation with the cemetery authority. In the absence of such notice
or of written objection to its so doing, the cemetery authority is not
liable to any owner for ((interring or)) permitting ((an interment))
the placement in the plot or right of interment upon the request or
direction of any co-owner of the plot or right of interment.
Sec. 101 RCW 68.32.110 and 1943 c 247 s 99 are each amended to
read as follows:
In a family plot one ((grave, niche or crypt)) right of interment
may be used for the owner's interment((;)) and one for the owner's
surviving spouse, if any((, who by law has a vested right of interment
in it; and in those)). Any unoccupied spaces may then be used by the
remaining((, if any, the)) parents and children of the deceased owner,
if any, then to the spouse of any child of the owner, then to the heirs
at law of the owner, in the order of death ((may be interred without
the consent of any person claiming any interest in the plot)).
Sec. 102 RCW 68.32.130 and 1943 c 247 s 101 are each amended to
read as follows:
Any surviving spouse, parent, child, or heir having a right of
((interment)) placement in a family plot may waive such right in favor
of any other relative or spouse of a relative of the deceased owner((;
and)). Upon such a waiver, the remains of the person in whose favor
the waiver is made may be ((interred)) placed in the plot.
Sec. 103 RCW 68.32.140 and 1943 c 247 s 102 are each amended to
read as follows:
A vested right of ((interment)) placement may be waived and is
terminated upon the ((interment)) placement elsewhere of the remains of
the person in whom vested.
Sec. 104 RCW 68.32.150 and 1943 c 247 s 103 are each amended to
read as follows:
No vested right of interment gives ((to)) any person the right to
have his or her remains interred in any interment space in which the
remains of any deceased person having a prior vested right of interment
have been interred((, nor does it)). No vested right of interment
gives any person the right to have the remains of more than one
deceased person ((interred)) placed in a single ((interment)) space in
violation of the rules and regulations of the cemetery in which the
((interment)) space is located.
Sec. 105 RCW 68.32.160 and 1943 c 247 s 104 are each amended to
read as follows:
A cemetery authority may take and hold any plot or right of
interment conveyed ((or devised)) to it by the plot owner so that it
will be ((inalienable, and interments)) nontransferable. Placements
shall be restricted to the persons designated in the conveyance ((or
devise)).
Sec. 106 RCW 68.36.010 and 1943 c 247 s 78 are each amended to
read as follows:
The ownership ((of)) or right ((in or)) to unoccupied cemetery
space in this state shall, upon abandonment, be subject to forfeiture
and sale by the person((, association, corporation)) or
((municipality)) entity having ownership or management of the cemetery
((containing such unoccupied cemetery space, for the purpose of
providing for perpetual care. The continued failure by an owner to
maintain or care for an unoccupied cemetery lot, unoccupied part of
lot, unoccupied lots or parts of lots for a period of five years shall
create and establish a presumption that the same has been abandoned)).
Unoccupied cemetery space is presumed to be abandoned if it has been
neglected and in a state of disrepair for a period of five years.
Sec. 107 RCW 68.36.020 and 1943 c 247 s 79 are each amended to
read as follows:
((Before such five year period shall commence to run, the owner or
manager of the cemetery shall place upon and during such five year
period shall maintain upon such unoccupied cemetery space a suitable
notice)) Cemetery management shall place a suitable notice on each
unoccupied space, setting forth the date the notice is placed
((thereon)) and ((stating)) that ((such)) the unoccupied space is
subject to forfeiture and sale by the ((owner or manager of the))
cemetery ((to provide for perpetual care,)). If the owner of ((such))
the unoccupied space fails during the next ((five)) three years
following the date of the notice to maintain or care for the ((same or
unless the owner of such unoccupied space contracts for the perpetual
care of the same: PROVIDED, HOWEVER, That)) unoccupied space, the
cemetery may reclaim the unoccupied space. However, such a notice
cannot be placed on the unoccupied space in any cemetery lot until
twenty years have elapsed since the last interment in any such lot of
a member of the immediate family of the record owner. ((Members of the
immediate family shall be construed to include surviving spouse,
children, parents, and brothers and sisters.))
Sec. 108 RCW 68.36.030 and 1943 c 247 s 80 are each amended to
read as follows:
After ((such five)) a three-year period, the owner or manager of
the cemetery may file ((in the office of the county clerk for the
county in which the cemetery is located)) a verified petition in the
office of the county clerk, setting forth ((its ownership or management
of the cemetery,)) the facts relating to the ((continued failure by the
owner for a period of five consecutive years to maintain or care for
such cemetery lot, part of lot, lots or parts of lots and such facts
relating to the ownership thereof as petitioner may have, and asking))
abandonment. The petition may ask for an order of the superior court
for ((such county, adjudging the lot, part of lot, lots or parts of
lots to have been abandoned)) abandonment.
At the time of filing ((such)) the petition, ((the owner or manager
of)) the cemetery authority shall ((apply for and the superior court
for such county shall fix a time for the)) request a hearing of the
petition ((not less than sixty days nor more than ninety days from the
time of the application)). The superior court will fix the time for
the hearing. Not less than sixty days before the time fixed for the
hearing of the petition, notice and nature of the hearing ((and the
nature and object of the same)) shall be given to the owner of such
unoccupied space((, as herein provided)).
Sec. 109 RCW 68.36.040 and 1943 c 247 s 81 are each amended to
read as follows:
The notice may be served personally upon the owner, or may be given
by the mailing of the notice by registered mail to the owner to his or
her last known address and by publishing the notice three times in a
legal newspaper published in the county in which the cemetery is
located((, and if there be no legal newspaper in the county, then in a
legal newspaper published in an adjoining county, and if there be no
legal newspaper in an adjoining county, then in a legal newspaper
published at the capital of the state)). In the event that the
whereabouts of the owner is unknown, ((or if the owner be unknown,))
then the notice may be given ((to such owner, unknown owner or unknown
claimant, and all other persons or parties claiming any right, title or
interest therein,)) by publishing the notice three times in a legal
newspaper as ((aforesaid)) required by this section. The cemetery
authority may file an affidavit ((of the owner or manager of the
cemetery involved)) in the proceeding to the effect that ((such)) the
owner ((or claimant)) is unknown ((to him)) and that ((he)) the
cemetery exercised diligence in attempting to locate ((such)) the
unknown parties. The affidavit shall((, if filed in the proceeding,))
be conclusive to that effect.
Sec. 110 RCW 68.36.050 and 1943 c 247 s 82 are each amended to
read as follows:
((Thereupon, such)) An owner or claimant may appear and ((make))
answer ((to)) the allegations of ((said)) the petition((, and in case
of his failure so)). If an owner fails to do so prior to the day fixed
for hearing, ((his)) a default shall be entered and it shall then be
the duty of the superior court ((for such county)) to immediately enter
an order adjudging ((such)) the unoccupied space to have been abandoned
and subject to sale ((at the expiration of one year by the person,
association, corporation or municipality having ownership or management
of the cemetery containing the same)). In the event the owner or
claimant shall appear and file his or her answer prior to the day fixed
for the hearing, the presumption of abandonment shall no longer exist,
and on the day fixed for the hearing of ((said)) the petition or on any
subsequent day to which the hearing of the cause is adjourned, the
allegations and proof of the parties shall be presented to the court
and if the court shall determine ((therefrom)) that there has been a
continued failure to maintain or care for ((such)) the unoccupied space
for a period of ((five)) three consecutive years preceding the filing
of ((said)) the petition, an order shall be entered accordingly
adjudging ((such)) the unoccupied space to have been abandoned and
subject to sale at the expiration of one year by the person,
association, corporation, or municipality having ownership of the
cemetery containing the same. Upon any adjudication of abandonment,
the court shall fix such sum as it shall deem reasonable as ((an
attorney's)) attorneys' fees for petitioner's attorney for ((each lot,
part of lot, lots or parts of lots)) rights of interment adjudged to
have been abandoned in such proceedings.
Sec. 111 RCW 68.40.010 and 1987 c 331 s 35 are each amended to
read as follows:
((After July 1, 1987,)) A cemetery authority not exempt under this
chapter shall deposit in an endowment care fund not less than the
following amounts for plots or interment rights sold: Ten percent of
the gross sales price((, with a minimum of ten dollars)) for each
((adult)) grave((; ten percent of the gross sales price, with a minimum
of five dollars for each)), niche((; and ten percent of the gross sales
price, with a minimum of thirty dollars for each)), or crypt.
In the event that a cemetery authority sells ((a lot, crypt, or
niche)) an interment right at a price that is less than its current
list price, or gives away, bequeaths, or otherwise gives title to ((a
lot, crypt, or niche, such lot, crypt, or niche)) an interment right,
the interment right shall be endowed at the rate at which it would
normally be endowed((: A minimum of ten percent of normal sales price
or ten dollars per lot, whichever is greater; ten percent of normal
sales price or five dollars per niche, whichever is greater; and ten
percent of normal sales price or thirty dollars per crypt, whichever is
greater)).
The deposits shall be made not later than the twentieth day of the
month following the final payment on the sale price. If a contract for
((crypts, niches, or graves)) interment rights is sold, pledged, or
otherwise encumbered as security for a loan by the cemetery authority,
the cemetery authority shall pay into the endowment care fund ten
percent of the gross sales price ((with a minimum of ten dollars for
each adult grave, five dollars for each niche, and thirty dollars for
each crypt)) of the interment right within twenty days of receipt of
payment of the proceeds from such sale or loan.
Any cemetery hereafter established shall have deposited in an
endowment care fund the sum of twenty-five thousand dollars before
((disposing of)) selling any ((plot or making any sale thereof))
interment right.
Sec. 112 RCW 68.40.025 and 1987 c 331 s 36 are each amended to
read as follows:
Cemeteries with nonendowed sections opened before July 1, 1987,
shall only be required to endow sections opened after July 1, 1987. On
the face of any contract, receipt, or deed used for sales of nonendowed
((lots)) interment rights shall be prominently displayed the words
"Nonendowment section." All nonendowed sections shall be identified as
such by posting of a legible sign containing the following phrase:
"Nonendowment section."
Sec. 113 RCW 68.40.060 and 1987 c 331 s 38 are each amended to
read as follows:
The cemetery authority of an endowment care cemetery may accept any
property bequeathed, granted, or given to it in trust and may apply the
income from such property ((bequeathed, granted, or given to in trust))
to any or all of the following purposes:
(1) Improvement or embellishment of all or any part of the cemetery
((or any lot in it));
(2) Erection, renewal, repair, or preservation of any monument,
fence, building, or other structure in the cemetery;
(3) Planting or cultivation of trees, shrubs, or plants in or
around any part of the cemetery;
(4) Special care or ornamenting of any part of any ((plot))
interment right, section, or building in the cemetery; and
(5) Any purpose or use consistent with the purpose for which the
cemetery was established or is maintained.
Sec. 114 RCW 68.44.020 and 1987 c 331 s 42 are each amended to
read as follows:
Endowment care funds shall not be used for any purpose other than
to provide, through income only, for the endowment care stipulated in
the instrument by which the fund was established((, and)). Endowment
care funds shall be kept separate and distinct from all assets of the
cemetery authority. ((The)) Endowment care principal shall ((forever))
remain inviolable and may not be reduced in any way not found within
RCW 11.100.020.
Sec. 115 RCW 68.44.070 and 1953 c 290 s 16 are each amended to
read as follows:
((The)) Contributions to endowment care and special care funds
((and all payments or contributions thereto)) are ((hereby expressly))
permitted for charitable ((and eleemosynary)) purposes. Endowment care
and such contributions are provisions for the discharge of a duty from
the persons contributing to the persons interred ((and)) or to be
interred in the cemetery ((and provisions)). This provision is for the
benefit and protection of the public by preserving and keeping
cemeteries from becoming ((unkempt and)) neglected places of ((reproach
and desolation)) disgrace in the communities ((in which)) they ((are
situated. No payment, or contribution for general endowment care, is
invalid by reason of any indefiniteness or uncertainty of the persons
designated as beneficiaries in the instruments creating the trust, nor
is the fund or any contribution to it invalid as violating any law
against perpetuities, or the suspension of the power of alienation of
title to property)) serve.
Sec. 116 RCW 68.44.080 and 1953 c 290 s 17 are each amended to
read as follows:
The cemetery authority may ((from time to time)) adopt plans for
the ((general)) care, maintenance, and embellishment of its cemetery((,
and)). A cemetery authority may charge and collect from all purchasers
of plots ((such)) or rights of interment a reasonable sum ((as it deems
will aggregate)) that will generate a fund, and the ((reasonable))
income from ((which)) the fund will provide care, maintenance, and
embellishment on an endowment basis.
Sec. 117 RCW 68.44.090 and 1953 c 290 s 18 are each amended to
read as follows:
Upon payment of the purchase price and the ((amount fixed as a
proportionate)) contribution for endowment care, ((there may be
included in the)) a deed of conveyance or ((by separate)) other
instrument((,)) may include an agreement to care((, in accordance with
the plan adopted,)) for the cemetery ((and its appurtenances)), on an
endowment basis to the ((proportionate)) extent the income ((received
by the cemetery authority from the contribution)) will permit.
Sec. 118 RCW 68.44.100 and 1953 c 290 s 19 are each amended to
read as follows:
Upon the application of an owner of a plot, and upon the payment by
((him)) the owner of the amount fixed as a reasonable and proportionate
contribution for endowment care, a cemetery authority may enter into an
agreement with ((him)) the owner for the special care of his or her
plot and its appurtenances.
Sec. 119 RCW 68.44.110 and 1987 c 331 s 43 are each amended to
read as follows:
Unless an association of lot owners has been created for the
purpose of appointing trustees, the cemetery authority shall appoint a
((board of not less than)) minimum of three ((members as)) trustees for
its endowment care fund, who shall hold office subject to the direction
of the cemetery authority.
Sec. 120 RCW 68.44.120 and 1987 c 331 s 45 are each amended to
read as follows:
The directors of a cemetery authority may be the trustees of its
endowment care fund. When the fund is in the care of the directors
((as a board of trustees)), the secretary of the cemetery authority
shall ((act as its secretary and)) keep a true record of all of its
proceedings.
Sec. 121 RCW 68.44.130 and 1987 c 331 s 46 are each amended to
read as follows:
In lieu of the appointment of a board of trustees of its endowment
care fund, ((any)) a cemetery authority may appoint, as sole trustee of
its endowment care fund, any bank or trust company qualified to engage
in the trust business((, and said)). The bank or trust company shall
be authorized to receive and accept ((said)) the endowment care fund((,
including any accumulated endowment care fund in existence)) at the
time of its appointment.
Sec. 122 RCW 68.44.140 and 1987 c 331 s 47 are each amended to
read as follows:
Compensation to the board of trustees or trustee for services as
trustee and other compensation for administration of trust funds shall
not exceed ((in the aggregate)) the customary fees charged by banks and
trust companies for like services. Such fees may not be paid from the
fund principal.
Sec. 123 RCW 68.44.150 and 1987 c 331 s 48 are each amended to
read as follows:
The cemetery authority or the trustees in whose names the funds are
held shall, annually, and within ninety days after the end of the
calendar or fiscal year of the cemetery authority, ((make and keep on
file for seven years a true and correct written report, verified on
oath by an officer of the cemetery authority or by the oath of one or
more of the trustees,)) file in its office and with the cemetery board
endowment care trust fund, a report showing the actual financial
condition of the funds. The report must be signed by an officer of the
cemetery authority or one or more of the trustees. The report must be
maintained for a period of seven years.
Sec. 124 RCW 68.44.160 and 1953 c 290 s 22 are each amended to
read as follows:
A cemetery authority which has established an endowment care fund
may take and hold, as a part of ((or incident to)) the fund, any
property, real, personal, or mixed, bequeathed, devised, granted,
given, or otherwise contributed to it for its endowment care fund.
Sec. 125 RCW 68.46.010 and 1979 c 21 s 22 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly ((indicates)) requires 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] 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.)) "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.
(3)
(((4))) (3) "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.)) (4) "Board" means the cemetery board established under
chapter 68.05 RCW or its authorized representative.
(6)
(((7))) (5) "Undeveloped grave" means any grave in an area which a
cemetery authority has not landscaped ((and)), groomed, or developed to
the extent customary in the cemetery industry ((in that community)).
Sec. 126 RCW 68.46.020 and 1973 1st ex.s. c 68 s 2 are each
amended to read as follows:
Any cemetery authority selling by prearrangement contracts any
merchandise or services shall establish and maintain one or more
prearrangement trust funds for the benefit of beneficiaries of
prearrangement contracts.
Sec. 127 RCW 68.46.030 and 1984 c 53 s 3 are each amended to read
as follows:
(1) For each prearrangement contract, a cemetery authority shall
deposit ((in its prearrangement trust account a percentage of all funds
collected in payment of each prearrangement contract equal to the
greater of:)) the greater of the
following amounts in its prearrangement trust fund:
(a) Fifty percent of the contract price; or
(b) The percentage which the total of the wholesale cost of
merchandise and the direct cost of services to be provided pursuant to
the contract is of the total contract price
(a) For merchandise:
(i) Fifty percent of the contract price; or
(ii) The wholesale cost of the item.
(b) For services:
(i) Fifty percent of the contract price; or
(ii) The direct cost of providing the service.
(2) Any cemetery authority which does not file and maintain with
the board a bond as provided in subsection (4) of this section shall
deposit in its prearrangement trust fund ((fifty percent, or greater
percentage as determined under subsection (1) of this section, of all
moneys received in payment of each prearrangement contract)) an amount
as determined under subsection (1) of this section, excluding sales tax
and endowment care if such charge is made.
(3) Any cemetery authority which files and maintains with the board
a bond as provided in subsection (4) of this section ((shall deposit in
its prearrangement trust fund each payment as made on the last fifty
percent, or greater percentage as determined under subsection (1) of
this section, of each prearrangement contract)) may retain the
nontrustable portion of the contract before depositing the balance of
payments into its prearrangement trust fund, as determined under
subsection (1) of this section, excluding sales tax and endowment care,
if such charge is made.
(4) Each cemetery authority electing to make payments to its
prearrangement trust fund pursuant to subsection (3) of this section
shall file and maintain with the board a bond, issued by a surety
company authorized to do business in the state, in the amount by which
the cemetery authority's contingent liability for refunds pursuant to
RCW 68.46.060 exceeds the amount deposited in its prearrangement trust
fund. The bond shall ((run to the state and shall)) be conditioned
that it is for the use and benefit of any person requesting a refund
pursuant to RCW 68.46.060 if the cemetery authority does not promptly
pay to ((said)) the person the refund due pursuant to RCW 68.46.060.
In addition to any other remedy, every person not promptly receiving
the refund due pursuant to RCW 68.46.060 may sue the surety for the
refund. The liability of the surety shall not exceed the amount of the
bond. Termination or cancellation shall not be effective unless notice
is delivered by the surety to the board at least thirty days prior to
the date of termination or cancellation. The board shall immediately
notify the cemetery authority affected by the termination or
cancellation by certified mail, return receipt requested. The cemetery
authority shall thereupon obtain another bond or make such other
arrangement as may be satisfactory to the board to ((assure)) ensure
its ability to make refunds pursuant to RCW 68.46.060.
(5) Deposits to the prearrangement trust fund shall be made not
later than the twentieth day of each month following receipt of each
payment required to be deposited. If a prearrangement contract is
sold, pledged, or otherwise encumbered as security for a loan by the
cemetery authority, the cemetery authority shall pay into the
prearrangement trust fund fifty percent of the total sale price of the
prearrangement contract within twenty days of receipt of payment of the
proceeds from the sale or loan.
(6) Any failure to fund a prearrangement contract as required by
this section shall be grounds for ((revocation of the)) disciplinary
action against the cemetery authority and the cemetery authority's
prearrangement sales license.
Sec. 128 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))
39.58.010 or 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. 129 RCW 68.46.050 and 1995 1st sp.s. c 18 s 65 are each
amended to read as follows:
(1) A ((bank, trust company, or savings and loan association
designated as the)) depository of prearrangement funds shall permit
((withdrawal by a cemetery authority of)) a cemetery authority to
withdraw all funds deposited under any specific prearrangement contract
plus interest accrued thereon, under the following circumstances and
conditions:
(a) If the cemetery authority files a verified statement with the
depository that the prearrangement merchandise and services covered by
a contract have been furnished and delivered ((in accordance
therewith)); or
(b) If the cemetery authority files a verified statement that a
specific prearrangement contract has been canceled in accordance with
its terms.
(2) The department of social and health services shall notify the
cemetery authority maintaining a prearrangement trust fund regulated by
this chapter that the department has a claim on the estate of a
beneficiary for long-term care services. Such notice shall be renewed
at least every three years. The cemetery authority, upon becoming
aware of the death of a beneficiary, shall give notice to the
department of social and health services, office of financial recovery,
who shall file any claim there may be within thirty days of the notice.
Sec. 130 RCW 68.46.055 and 1984 c 53 s 8 are each amended to read
as follows:
(((1))) No cemetery authority may enter into a retail contract for
the purchase of debentures, shares, scrip, bonds, notes, or any
instrument or evidence of indebtedness((, excluding retail installment
sales transactions governed by chapter 63.14 RCW, which directly or
indirectly)) that requires ((or permits)) the cemetery authority to
furnish ((to the holder at a future date)) cemetery merchandise ((or)),
services, or ((crypts, niches, or graves)) interment rights to the
holder at a future date. This section does not include retail
installment sales transactions governed by chapter 63.14 RCW.
(((2) A cemetery authority which enters into prearrangement
contracts for the sale of unconstructed crypts or niches or undeveloped
graves or which conveys undeveloped graves by gift shall maintain an
adequate inventory of constructed crypts or niches and developed graves
which in quality are equal to or better than the unconstructed crypts
or niches, or undeveloped graves if they were constructed or developed.
In the event of the death of a purchaser or owner of an unconstructed
crypt or niche or undeveloped grave before the unconstructed crypt or
niche or undeveloped grave is constructed or developed the cemetery
authority shall provide a constructed crypt or niche or developed grave
of equal or better quality without additional cost or charge. If two
or more unconstructed crypts or niches or undeveloped graves are
conveyed with the intention that the crypts or niches or graves shall
be contiguous to each other or maintained together as a group and the
death of any one purchaser or owner in such group occurs before the
unconstructed crypts or niches or undeveloped graves are developed, the
cemetery authority shall provide additional constructed crypts or
niches or developed graves of equal or better quality contiguous to
each other or together as a group as originally intended to other
purchasers or owners in the group without additional cost or charge.))
NEW SECTION. Sec. 131 A new section is added to chapter 68.46
RCW to read as follows:
(1) A cemetery authority that enters into prearrangement contracts
for the sale of unconstructed crypts, niches, or undeveloped property,
or that conveys undeveloped property by gift, shall maintain an
adequate inventory of constructed crypts or niches and developed
property. The inventory shall be a minimum of ten percent of the
unconstructed or undeveloped property sales. The inventory shall be
equal or better in quality than the unconstructed crypts or niches, or
undeveloped property if they were constructed or developed.
(2) If the death of a purchaser or owner of an unconstructed crypt,
niche, or undeveloped property occurs before the property is
constructed or developed, the cemetery authority shall provide a
constructed crypt, niche, or developed property of equal or better
quality without additional cost or charge.
(3) If two or more unconstructed crypts, niches, or undeveloped
properties are conveyed with the intention that the crypts, niches, or
properties shall be contiguous to each other or maintained together as
a group and the death of any one purchaser or owner in such group
occurs before the unconstructed crypts, niches, or undeveloped property
is developed, the cemetery authority shall provide additional
constructed crypts, niches, or developed property of equal or better
quality, contiguous to each other or together as a group, as originally
intended, to other purchasers or owners in the group without additional
cost or charge.
(4) The representative of the deceased purchaser may agree to the
placement of the decedent in a temporary crypt, niche, or grave until
the construction is completed and the decedent is placed in the new
crypt, niche, or grave.
(5) Prearrangement sales of unconstructed crypts, niches, or
undeveloped property must meet the requirements of RCW 68.46.030.
Sec. 132 RCW 68.46.060 and 1987 c 331 s 51 are each amended to
read as follows:
Any purchaser or beneficiary ((or beneficiaries)) may, upon written
demand of any cemetery authority, demand that any prearrangement
contract with such cemetery authority be terminated. In such event,
the cemetery authority shall, within thirty days, refund to ((such))
the purchaser or beneficiary ((or beneficiaries)) fifty percent of the
moneys received less the contractual price of any merchandise delivered
or services performed before the termination plus interest earned. In
any case, where, under a prearrangement contract there is more than one
beneficiary, no written demand as provided in this section shall be
honored by any cemetery authority unless the written demand provided
for in this section shall bear the signatures of all of such
beneficiaries.
Sec. 133 RCW 68.46.075 and 1979 c 21 s 27 are each amended to
read as follows:
In the event the beneficiary ((or beneficiaries)) of a
prearrangement contract make no claim within fifty years of the date of
the contract for the merchandise and services provided in the
prearrangement contract, the funds deposited in the prearrangement
trust ((funds attributable to)) for that contract ((and the)), plus
interest ((on said funds)), shall be transferred to the cemetery
authority's endowment fund, to be used for the ((uses and)) purposes
for which the endowment fund was established. However, the cemetery
authority shall remain obligated for merchandise and services,
unconstructed crypts ((or)), niches, and undeveloped ((graves))
property under the terms of the prearrangement contract. Claims may be
made for merchandise and services, unconstructed crypts ((or)), niches,
and undeveloped ((graves)) property on a prearrangement contract after
the funds have been transferred to the endowment fund ((and)). These
claims shall be paid for from the endowment fund income ((to the extent
of the funds attributable to the prearrangement)) on a contract by
contract basis.
Sec. 134 RCW 68.46.080 and 1973 1st ex.s. c 68 s 8 are each
amended to read as follows:
Prearrangement trust funds shall not be used in any way((, directly
or indirectly,)) for the benefit of the cemetery authority or any
director, officer, agent, or employee of any cemetery authority,
including, but not limited to any encumbrance, pledge, or other
utilization or prearrangement trust funds as collateral or other
security.
Sec. 135 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)) the
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. ((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. 136 RCW 68.46.100 and 1987 c 331 s 53 are each amended to
read as follows:
Every prearrangement contract shall contain language which informs
the purchaser of the prearrangement trust fund and the amount to be
deposited in the prearrangement trust fund((, which shall not be less
than fifty percent of the cash purchase price of the merchandise and
services in the contract and shall not include charges for endowment
care when included in the purchase price)). The amount deposited to
the prearrangement trust fund must meet the requirements of RCW
68.46.030.
Every prearrangement contract shall contain language prominently
featured on the face of the contract disclosing to the purchaser what
items will be delivered before need, either stored or installed, and
thus not subject to funding or refund.
Every prearrangement contract for the sale of unconstructed crypts
((or)), niches, or undeveloped ((graves and every conveyance
instrument)) property shall contain language which informs the
purchaser that ((if the purchaser dies before the unconstructed crypt
or niche or undeveloped grave is constructed or developed the cemetery
authority must provide, without additional cost or charge, a
constructed crypt or niche or developed grave of equal or better
quality than the unconstructed crypt or niche or undeveloped grave
would have been if it were constructed or developed)) sales of
unconstructed or undeveloped property are subject to the provisions of
RCW 68.46.030.
Sec. 137 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.,)) this title 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. 138 RCW 68.50.110 and 1987 c 331 s 60 are each amended to
read as follows:
Except in cases of dissection provided for in RCW 68.50.100, and
where ((a dead body)) human remains shall rightfully be carried through
or removed from the state for the purpose of burial elsewhere, ((every
dead body of a human being)) human remains lying within this state, and
the remains of any dissected body, after dissection, shall be decently
buried, or cremated within a reasonable time after death.
Sec. 139 RCW 68.50.130 and 1943 c 247 s 28 are each amended to
read as follows:
Every person who ((permanently deposits or disposes)) performs a
disposition of any human remains, except as otherwise provided by law,
in any place, except in a cemetery or a building dedicated exclusively
for religious purposes, is guilty of a misdemeanor. Disposition of
cremated human remains may also occur on private property, with the
consent of the property owner; and on public or government lands or
waters with the approval of the government agency that has either
jurisdiction or control, or both, of the lands or waters.
Sec. 140 RCW 68.50.140 and 2003 c 53 s 308 are each amended to
read as follows:
(1) Every person who shall remove ((the dead body of a)) human
((being)) remains, or any part thereof, from a grave, vault, or other
place where the same has been buried or deposited awaiting burial or
cremation, without authority of law, with intent to sell the same, or
for the purpose of securing a reward for its return, or for dissection,
or from malice or wantonness, is guilty of a class C felony ((and shall
be punished by imprisonment in a state correctional facility for not
more than five years, or by a fine of not more than one thousand
dollars, or by both)).
(2) Every person who shall purchase or receive, except for burial
or cremation, ((any such dead body,)) human remains or any part
thereof, knowing that the same has been removed contrary to the
foregoing provisions, is guilty of a class C felony ((and shall be
punished by imprisonment in a state correctional facility for not more
than three years, or by a fine of not more than one thousand dollars,
or by both)).
(3) Every person who shall open a grave or other place of
interment, temporary or otherwise, or a building where ((such dead body
is deposited while awaiting burial or cremation, with intent to remove
the body or any part thereof, for the purpose of selling or demanding
money for the same, for dissection, from malice or wantonness, or))
human remains are placed, with intent to sell or remove the ((coffin))
casket, urn, or of any part thereof, or anything attached thereto, or
any vestment, or other article interred, or intended to be interred
with the ((body)) human remains, is guilty of a class C felony ((and
shall be punished by imprisonment in a state correctional facility for
not more than three years, or by a fine of not more than one thousand
dollars, or by both)).
(4) Every person who removes, disinters, or mutilates human remains
from a place of interment, without authority of law, is guilty of a
class C felony.
Sec. 141 RCW 68.50.160 and 1993 c 297 s 1 are each amended to
read as follows:
(1) A person has the right to control the disposition of his or her
own remains without the predeath or postdeath consent of another
person. A valid written document expressing the decedent's wishes
regarding the place or method of disposition of his or her remains,
signed by the decedent in the presence of a witness, is sufficient
legal authorization for the procedures to be accomplished.
(2) Prearrangements that are prepaid, or filed with a licensed
funeral establishment or cemetery authority, under RCW 18.39.280
through 18.39.345 and chapter 68.46 RCW are not subject to cancellation
or substantial revision by survivors. Absent actual knowledge of
contrary legal authorization under this section, a licensed funeral
establishment or cemetery authority shall not be held criminally nor
civilly liable for acting upon such prearrangements.
(3) If the decedent has not made a prearrangement as set forth in
subsection (2) of this section or the costs of executing the decedent's
wishes regarding the disposition of the decedent's remains exceeds a
reasonable amount or directions have not been given by the decedent,
the right to control the disposition of the remains of a deceased
person vests in, and the duty of disposition and the liability for the
reasonable cost of preparation, care, and disposition of such remains
devolves upon the following in the order named:
(a) The surviving spouse.
(b) The surviving adult children of the decedent.
(c) The surviving parents of the decedent.
(d) The surviving siblings of the decedent.
(e) A person acting as a representative of the decedent under the
signed authorization of the decedent.
(4) If a cemetery authority as defined in RCW 68.04.190 or a
funeral establishment licensed under chapter 18.39 RCW has made a good
faith effort to locate the person cited in subsection (3)(a) through
(e) of this section 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 bury or cremate the human remains,
executed by the most responsible party available, and the cemetery
authority or funeral establishment may not be held criminally or
civilly liable for burying or cremating the human remains. In the
event any government agency provides the funds for the disposition of
any human remains and the government agency elects to provide funds for
cremation only, the cemetery authority or funeral establishment may not
be held criminally or civilly liable for cremating the human remains.
(5) The liability for the reasonable cost of preparation, care, and
disposition devolves jointly and severally upon all kin of the decedent
in the same degree of kindred, in the order listed in subsection (3) of
this section, and upon the estate of the decedent.
Sec. 142 RCW 68.50.170 and 1943 c 247 s 30 are each amended to
read as follows:
Any person signing any authorization for the interment or cremation
of any human remains warrants the truthfulness of any fact set forth in
the authorization, the identity of the person whose human remains are
sought to be interred or cremated, and his or her authority to order
interments or cremation. ((He)) That person is personally liable for
all damage occasioned by or resulting from breach of such warranty.
Sec. 143 RCW 68.50.185 and 1987 c 331 s 61 are each amended to
read as follows:
(1) A person authorized to dispose of human remains shall not
cremate or cause to be cremated more than one ((body)) human remains at
a time unless written permission, after full and adequate disclosure
regarding the manner of cremation, has been received from the person or
persons under RCW 68.50.160 having the authority to order cremation.
This restriction shall not apply when equipment, techniques, or devices
are employed that keep human remains separate and distinct before,
during, and after the cremation process.
(2) Violation of this section is a gross misdemeanor.
Sec. 144 RCW 68.50.200 and 1943 c 247 s 33 are each amended to
read as follows:
((The)) Human remains ((of a deceased person)) may be removed from
a plot in a cemetery with the consent of the cemetery authority and the
written consent of one of the following in the order named:
(1) The surviving spouse.
(2) The surviving children of the decedent.
(3) The surviving parents of the decedent.
(4) The surviving brothers or sisters of the decedent.
If the required consent cannot be obtained, permission by the
superior court of the county where the cemetery is situated is
sufficient: PROVIDED, That the permission shall not violate the terms
of a written contract or the rules and regulations of the cemetery
authority.
Sec. 145 RCW 68.50.220 and 1987 c 331 s 62 are each amended to
read as follows:
RCW 68.50.200 and 68.50.210 do not apply to or prohibit the removal
of any human remains from one plot to another in the same cemetery or
the removal of remains by a cemetery authority from a plot for which
the purchase price is past due and unpaid, to some other suitable
place; nor do they apply to the disinterment of human remains upon
order of court or coroner. However, a cemetery authority shall provide
notification to the person cited in RCW 68.50.200 before moving human
remains.
Sec. 146 RCW 68.50.230 and 1985 c 402 s 9 are each amended to
read as follows:
Whenever any ((dead)) human ((body)) remains shall have been in the
lawful possession of any person, firm, corporation, or association for
a period of ((one year)) sixty days 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)), the human 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
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. 147 RCW 68.50.240 and 1943 c 247 s 39 are each amended to
read as follows:
The person in charge of any premises on which interments or
cremations are made shall keep a record of all human remains interred
or cremated on the premises under his or her charge, in each case
stating the name of each deceased person, date of cremation or
interment, and name and address of the funeral ((director))
establishment.
Sec. 148 RCW 68.50.270 and 1987 c 331 s 63 are each amended to
read as follows:
The person or persons determined under RCW 68.50.160 as having
authority to order cremation shall be entitled to possession of the
cremated human remains without further intervention by the state or its
political subdivisions.
Sec. 149 RCW 68.56.040 and 2003 c 53 s 313 are each amended to
read as follows:
Every person, firm, or corporation who is the owner or operator of
a cemetery established in violation of this act is guilty of
maintaining a public nuisance, which is a gross misdemeanor((, and upon
conviction is punishable by a fine of not less than five hundred
dollars nor more than five thousand dollars or by imprisonment in a
county jail for not less than one month nor more than six months, or by
both; and, in addition is liable for all costs, expenses, and
disbursements paid or incurred in prosecuting the case)).
Sec. 150 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 cemetery board)).
In order to activate a historical cemetery for burials, an applicant
must apply for a certificate of authority to operate a cemetery from
the state 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 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. 151 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 cemetery board))
archaeological and historical division of the department of community,
trade, and economic development 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.
Sec. 152 RCW 70.58.005 and 1991 c 3 s 342 are each amended to
read as follows:
((Unless the context clearly requires otherwise,)) The definitions
in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Business days" means Monday through Friday except official
state holidays.
(2) "Department" means the department of health.
(((2))) (3) "Embalmer" means a person licensed as required in
chapter 18.39 RCW and defined in RCW 18.39.010.
(4) "Funeral director" means a person licensed as required in
chapter 18.39 RCW and defined in RCW 18.39.010.
(5) "Vital records" means records of birth, death, fetal death,
marriage, dissolution, annulment, and legal separation, as maintained
under the supervision of the state registrar of vital statistics.
Sec. 153 RCW 70.58.082 and 1997 c 108 s 1 are each amended to
read as follows:
No person may prepare or issue any ((birth certificate)) vital
record that purports to be an original, certified copy, or copy of a
((birth certificate)) vital record except as authorized in this
chapter.
The department shall adopt rules providing for the release of paper
or electronic copies of ((birth certificate)) vital records that
include adequate standards for security and confidentiality, ((assure))
ensure the proper record is identified, and prevent fraudulent use of
records. All certified copies of ((birth certificates)) vital records
in the state must be on paper and in a format provided and approved by
the department and must include security features to deter the
alteration, counterfeiting, duplication, or simulation without ready
detection.
Federal, state, and local governmental agencies may, upon request
and with submission of the appropriate fee, be furnished copies of
((birth certificates)) vital records if the ((birth certificate)) vital
record will be used for the agencies' official duties. The department
may enter into agreements with offices of vital statistics outside the
state for the transmission of copies of ((birth certificates)) vital
records to those offices when the ((birth certificates)) vital records
relate to residents of those jurisdictions and receipt of copies of
((birth certificates)) vital records from those offices. The agreement
must specify the statistical and administrative purposes for which the
((birth certificates)) vital records may be used and must provide
instructions for the proper retention and disposition of the copies.
Copies of ((birth certificates)) vital records that are received by the
department from other offices of vital statistics outside the state
must be handled as provided under the agreements.
The department may disclose information that may identify any
person named in any birth certificate record for research purposes as
provided under chapter 42.48 RCW.
Sec. 154 RCW 70.58.160 and 1961 ex.s. c 5 s 12 are each amended
to read as follows:
A certificate of every death or fetal death shall be filed with the
local registrar of the district in which the death or fetal death
occurred within three business days after the occurrence is known, or
if the place of death or fetal death is not known, then with the local
registrar of the district in which the ((body is)) human remains are
found within ((twenty-four hours)) one business day thereafter. In
every instance a certificate shall be filed prior to the interment or
other disposition of the ((body: PROVIDED, That)) human remains.
However, a certificate of fetal death shall not be required if the
period of gestation is less than twenty weeks.
Sec. 155 RCW 70.58.170 and 2000 c 133 s 1 are each amended to
read as follows:
The funeral director or person ((in charge of interment)) having
the right to control the disposition of the human remains under RCW
68.50.160 shall file the certificate of death or fetal death. In
preparing such certificate, the funeral director or person ((in charge
of interment)) having the right to control the disposition of the human
remains under RCW 68.50.160 shall obtain and enter on the certificate
such personal data as the certificate requires from the person or
persons best qualified to supply them. He or she shall present the
certificate of death to the physician, physician's assistant, or
advanced registered nurse practitioner last in attendance upon the
deceased, or, if the deceased died without medical attendance, to the
health officer, coroner, or prosecuting attorney having jurisdiction,
who shall thereupon certify the cause of death according to his or her
best knowledge and belief and shall sign the certificate of death or
fetal death within two business days after being presented with the
certificate unless good cause for not signing the certificate within
the two business days can be established. He or she shall present the
certificate of fetal death to the physician, physician's assistant,
advanced registered nurse practitioner, midwife, or other person in
attendance at the fetal death, who shall certify the fetal death and
such medical data pertaining thereto as he or she can furnish.
Sec. 156 RCW 70.58.180 and 2000 c 133 s 2 are each amended to
read as follows:
If the death occurred without medical attendance, the funeral
director or person ((in charge of interment)) having the right to
control the disposition of the human remains under RCW 68.50.160 shall
notify the coroner, or prosecuting attorney if there is no coroner in
the county. If the circumstances suggest that the death or fetal death
was caused by unlawful or unnatural causes or if there is no local
health officer with jurisdiction, the coroner, or if none, the
prosecuting attorney shall complete and sign the certification, noting
upon the certificate that no physician, physician's assistant, or
advanced registered nurse practitioner was in attendance at the time of
death. In case of any death without medical attendance in which there
is no suspicion of death from unlawful or unnatural causes, the local
health officer or his or her deputy, the coroner and if none, the
prosecuting attorney, shall complete and sign the certification, noting
upon the certificate that no physician, physician's assistant, or
advanced registered nurse practitioner was in attendance at the time of
death, and noting the cause of death without the holding of an inquest
or performing of an autopsy or post mortem, but from statements of
relatives, persons in attendance during the last sickness, persons
present at the time of death or other persons having adequate knowledge
of the facts.
The cause of death, the manner and mode in which death occurred, as
noted by the coroner or if none, the prosecuting attorney or the health
officer and incorporated in the death certificate filed with the bureau
of vital statistics of the board of health shall be the legally
accepted manner and mode by which the deceased came to his or her death
and shall be the legally accepted cause of death.
Sec. 157 RCW 70.58.190 and 1945 c 159 s 4 are each amended to
read as follows:
If the cause of death cannot be determined within three business
days, the certification of its cause may be filed after the prescribed
period, but the attending physician, coroner, or prosecuting attorney
shall give the local registrar of the district in which the death
occurred written notice of the reason for the delay, in order that a
permit for the disposition of the ((body)) human remains may be issued
if required.
Sec. 158 RCW 70.58.230 and 1961 ex.s. c 5 s 16 are each amended
to read as follows:
It shall be unlawful for any person to inter, deposit in a vault,
grave, or tomb, cremate, or otherwise dispose of, or disinter or remove
from one registration district to another, or hold for more than
((seventy-two hours)) three business days after death, the ((body or))
human remains of any person whose death occurred in this state or any
((body)) human remains which shall be found in this state, without
obtaining, from the local registrar of the district in which the death
occurred or in which the ((body was)) human remains were found, a
permit for the burial, disinterment, or removal of ((such body:
PROVIDED, That)) the human remains. However, a licensed funeral
director or embalmer of this state or a funeral establishment licensed
in another state contiguous to Washington, with a current certificate
of removal registration issued by the director of the department of
licensing, may remove ((a body)) human remains from the district where
the death occurred to another registration district or Oregon or Idaho
without having obtained a permit but in such cases the funeral director
or embalmer shall at the time of removing ((a body)) human remains file
with or mail to the local registrar of the district where the death
occurred a notice of removal upon a blank to be furnished by the state
registrar. The notice of removal shall be signed by the funeral
director or embalmer and shall contain the name and address of the
local registrar with whom the certificate of death will be filed and
the burial-transit permit secured. Every local registrar, accepting a
death certificate and issuing a burial-transit permit for a death that
occurred outside his or her district, shall be entitled to a fee of one
dollar to be paid by the funeral director or embalmer at the time the
death certificate is accepted and the permit is secured. It shall be
unlawful for any person to bring into or transport within the state or
inter, deposit in a vault, grave, or tomb, or cremate or otherwise
dispose of ((the body or)) human remains of any person whose death
occurred outside this state unless ((such body or)) the human remains
((be)) are accompanied by a removal or transit permit issued in
accordance with the law and health regulations in force where the death
occurred, or unless a special permit for bringing ((such body)) the
human remains into this state shall be obtained from the state
registrar.
Sec. 159 RCW 70.58.240 and 1961 ex.s. c 5 s 17 are each amended
to read as follows:
Each funeral director ((or person acting as such)) shall obtain a
certificate of death, sign and file the ((same)) certificate with the
local registrar, and secure a burial-transit permit, prior to any
permanent disposition of the ((body)) human remains. ((He)) The
funeral director shall obtain the personal and statistical particulars
required, from the person best qualified to supply them. ((He)) The
funeral director shall present the certificate to the attending
physician or in case the death occurred without any medical attendance,
to the proper official for certification for the medical certificate of
the cause of death and other particulars necessary to complete the
record. ((He)) The funeral director shall supply the information
required relative to the date and place of disposition and ((he)) the
funeral director shall sign and present the completed certificate to
the local registrar, for the issuance of a burial-transit permit.
((He)) The funeral director shall deliver the burial permit to the
sexton, or person in charge of the place of burial, before interring
the ((body)) human remains; or shall attach the transit permit to the
box containing the corpse, when shipped by any transportation company,
and the permit shall accompany the corpse to its destination.
Sec. 160 RCW 70.58.260 and 1915 c 180 s 7 are each amended to
read as follows:
It shall be unlawful for any person in charge of any premises in
which bodies of deceased persons are interred, cremated, or otherwise
permanently disposed of, to permit the interment, cremation, or other
disposition of any body upon such premises unless it is accompanied by
a burial, removal, or transit permit as ((hereinabove)) provided in
this chapter. It shall be the duty of the person in charge of any such
premises to, in case of the interment, cremation, or other disposition
of ((a body)) human remains therein, endorse upon the permit the date
and character of such disposition, over his or her signature, to return
all permits so endorsed to the local registrar of ((his)) the district
in which the death occurred within ten days from the date of such
disposition, and to keep a record of all ((bodies)) human remains
disposed of on the premises under his or her charge, stating, in each
case, the name of the deceased person, if known, the place of death,
the date of burial or other disposition, and the name and address of
the undertaker, which record shall at all times be open to public
inspection, and it shall be the duty of every undertaker, or person
acting as such, when burying ((a body)) human remains in a cemetery or
burial grounds having no person in charge, to sign the burial, removal,
or transit permit, giving the date of burial, write across the face of
the permit the words "no person in charge", and file the burial,
removal, or transit permit within ten days with the registrar of the
district in which the cemetery is located.
Sec. 161 RCW 70.58.390 and 1981 c 176 s 1 are each amended to
read as follows:
A county coroner, medical examiner, or the prosecuting attorney
having jurisdiction may ((issue)) file a certificate of presumed death
when the official ((issuing)) filing the certificate determines to the
best of the official's knowledge and belief that there is sufficient
circumstantial evidence to indicate that a person has in fact died in
the county or in waters contiguous to the county ((as a result of an
accident or natural disaster, such as a drowning, flood, earthquake,
volcanic eruption, or similar occurrence,)) and that it is unlikely
that the body will be recovered. The certificate shall recite, to the
extent possible, the date, circumstances, and place of the death, and
shall be the legally accepted fact of death.
In the event that the county in which the death occurred cannot be
determined with certainty, the county coroner, medical examiner, or
prosecuting attorney in the county in which the events occurred and in
which the decedent was last known to be alive may ((issue)) file a
certificate of presumed death under this section.
The official ((issuing)) filing the certificate of presumed death
shall file the certificate with the ((state)) local registrar of
((vital statistics)) the county where the death was presumed to have
occurred, and thereafter all persons and parties acting in good faith
may rely thereon with acquittance.
NEW SECTION. Sec. 162 The following acts or parts of acts are
each repealed:
(1) RCW 18.39.148 (Funeral establishment license -- Cancellation--Hearing) and 1986 c 259 s 62, 1981 c 43 s 9, & 1977 ex.s. c 93 s 4;
(2) RCW 68.04.090 ("Crematory and columbarium") and 1943 c 247 s 9;
(3) RCW 68.04.180 ("Temporary receiving vault") and 1943 c 247 s
18;
(4) RCW 68.04.200 ("Cemetery corporation", "cemetery association",
"cemetery corporation or association") and 1943 c 247 s 20;
(5) RCW 68.04.220 ("Directors," "governing body") and 1943 c 247 s
22;
(6) RCW 68.05.185 (Requirements as to crematories) and 1987 c 331
s 14 & 1943 c 247 s 56;
(7) RCW 68.20.090 (Permit required, when) and 1943 c 247 s 144;
(8) RCW 68.20.130 (Ground plans) and 1905 c 64 s 1 & 1899 c 33 s 6;
(9) RCW 68.24.175 (Inspection of records) and 1943 c 247 s 41;
(10) RCW 68.32.120 (Order of interment, when no parent or child
survives) and 1943 c 247 s 100;
(11) RCW 68.36.090 (Disposition of proceeds) and 1953 c 290 s 3 &
1943 c 247 s 86;
(12) RCW 68.46.150 (Sales licenses -- Qualifications) and 1979 c 21
s 40;
(13) RCW 68.50.135 (Individual's remains -- Burial on island solely
owned by individual, immediate family, or estate) and 1984 c 53 s 7;
(14) RCW 68.50.145 (Removing remains -- Penalty) and 2003 c 53 s 309,
1992 c 7 s 45, & 1943 c 247 s 25;
(15) RCW 68.50.150 (Mutilating, disinterring human remains--Penalty) and 2003 c 53 s 310, 1992 c 7 s 46, & 1943 c 247 s 26;
(16) RCW 68.50.165 (Embalming services -- When provided without
charge) and 1985 c 402 s 2;
(17) RCW 68.50.180 (Right to rely on authorization -- State agency
funding for cremation) and 1993 c 43 s 5, 1979 c 21 s 14, & 1943 c 247
s 31;
(18) RCW 68.50.190 (Liability for damages -- Limitation) and 1943 c
247 s 32; and
(19) RCW 68.50.250 (Crematory record of caskets -- Penalty) and 2003
c 53 s 311 & 1943 c 247 s 57.