ESHB 2777 -
By Senator Zarelli
ADOPTED 03/03/2010
On page 50, after line 4, insert the following:
"Sec. 602 RCW 68.50.160 and 2007 c 156 s 24 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 or state registered domestic partner.
(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 any person to whom the right of control has vested pursuant
to subsection (3) of this section has been arrested or charged with
first or second degree murder or first degree manslaughter in
connection with the decedent's death, the right of control is
relinquished and passed on in accordance with subsection (3) of this
section.
(5) 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))) (6) 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."
ESHB 2777 -
By Senator Zarelli
ADOPTED 03/03/2010
On page 50, line 8 of the title amendment, after "35.20.255," strike "and 26.50.150" and insert "26.50.150, and 68.50.160"
EFFECT: If a person is arrested or charged with first or second degree murder or first degree manslaughter in connection with the decedent's death, the right of the person charged to control the remains of the decedent is relinquished. The right lapses to the next vested individual according to statute.