title: RCW 68.50.230

text:
(1) Whenever any human remains shall have been in the lawful possession of any person, firm, corporation, county, or association for a period of 45 days or more, and the relatives of, or persons interested in, the deceased person shall fail, neglect, or refuse to direct the disposition, the human remains may be disposed of by the person, firm, corporation, county, or association having such lawful possession thereof, under and in accordance with rules adopted by the funeral and cemetery board, not inconsistent with any statute of the state of Washington or rule adopted by the state board of health.
(2)(a) The department of veterans affairs may certify that the deceased person to whom subsection (1) of this section applies was a veteran or the dependent of a veteran eligible for interment at a federal or state veterans' cemetery.
(b) Upon certification of eligible veteran or dependent of a veteran status under (a) of this subsection, the person, firm, corporation, county, or association in possession of the veteran's or veteran's dependent's remains shall transfer the custody and control of the remains to the department of veterans affairs.
(c) The transfer of human remains under (b) of this subsection does not create:
(i) A private right of action against the state or its officers and employees or instrumentalities, or against any person, firm, corporation, county, or association transferring the remains; or
(ii) Liability on behalf of the state, the state's officers, employees, or instrumentalities; or on behalf of the person, firm, corporation, county, or association transferring the remains.
[ 2024 c 57 s 1. Prior: 2009 c 102 s 20; 2009 c 56 s 1; 2005 c 365 s 146; 1985 c 402 s 9; 1979 c 158 s 218; 1937 c 108 s 14; RRS s 8323-3. Formerly RCW 68.08.230.]
Notes:
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.010.
Legislative finding—1985 c 402: See note following RCW 68.50.185.

catchline: Human remains that have not been disposed—Rules.


doc_type: statute

jurisdiction: wa

title: RCW 68.50.240

text:
The person in charge of any premises on which final dispositions are made must keep a record of all human remains on the premises under his or her charge, in each case stating the name of each deceased person, date of final disposition, and name and address of the funeral establishment.
[ 2019 c 432 s 26; 2005 c 365 s 147; 1943 c 247 s 39; Rem. Supp. 1943 s 3778-39. Formerly RCW 68.08.240.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Record of human remains to be kept.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 68.50.270

text:
The person or persons determined under RCW 68.50.160 as having authority to order disposition is entitled to possession of the human remains without further intervention by the state or its political subdivisions.
[ 2019 c 432 s 27; 2005 c 365 s 148; 1987 c 331 s 63; 1977 c 47 s 4. Formerly RCW 68.08.245.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: Possession of human remains.


title: RCW 68.50.290

text:
In any subsequent civil action in which the next of kin of a decedent contends that he/she affirmatively informed the county coroner or medical examiner or designee of his/her objection to removal of corneal tissue from the decedent, it shall be presumed that the county coroner or medical examiner acted in good faith and without knowledge of the objection.
[1975-'76 2nd ex.s. c 60 s 2. Formerly RCW 68.08.305.]

catchline: Corneal tissue for transplantation—Presumption of good faith.


title: RCW 68.50.300

text:
(1) The county coroner, medical examiner, or prosecuting attorney having jurisdiction may in such official's discretion release information concerning a person's death to the media and general public, in order to aid in identifying the deceased, when the identity of the deceased is unknown to the official and when he or she does not know the information to be readily available through other sources.
(2)(a) The county coroner, medical examiner, or prosecuting attorney may withhold any information which directly or indirectly identifies a decedent until either:
(i) A notification period of forty-eight hours has elapsed after identification of the decedent by such official; or
(ii) The next of kin of the decedent has been notified.
(b) During the forty-eight hour notification period, such official shall make a good faith attempt to locate and notify the next of kin of the decedent.
(3) The county coroner, medical examiner, or prosecuting attorney having jurisdiction may release information contained in a report of death, as defined in chapter 70.58A RCW, to the media and general public.
[ 2019 c 148 s 37; 2012 c 117 s 318; 1981 c 176 s 2. Formerly RCW 68.08.320.]
Notes:
Effective date—Rule-making authority—2019 c 148: See RCW 70.58A.901 and 70.58A.902.

catchline: Release of information concerning a death.


title: RCW 68.50.310

text:
A dental identification system is established in the identification section of the Washington state patrol. The dental identification system shall act as a repository or computer center or both for dental examination records and it shall be responsible for comparing such records with dental records filed under RCW 68.50.330. It shall also determine which scoring probabilities are the highest for purposes of identification and shall submit such information to the coroner or medical examiner who prepared and forwarded the dental examination records. Once the dental identification system is established, operating funds shall come from the state general fund.
[ 1987 c 331 s 65; 1983 1st ex.s. c 16 s 15. Formerly RCW 68.08.350.]
Notes:
Effective date—1983 1st ex.s. c 16: See RCW 43.103.901.

catchline: Dental identification system established—Powers and duties.


title: RCW 68.50.320

text:
When a person reported missing has not been found within thirty days of the report, or at any time the investigating agency suspects criminal activity to be the basis of the victim being missing, the sheriff, chief of police, county coroner or county medical examiner, or other law enforcement authority initiating and conducting the investigation for the missing person shall: (1) File a missing person's report with the Washington state patrol missing and unidentified persons unit; (2) initiate the collection of DNA samples from the known missing person and their family members for nuclear and mitochondrial DNA testing along with the necessary consent forms; (3) ask the missing person's family or next of kin to give written consent to contact the dentist or dentists of the missing person and request the person's dental records; and (4) enter the case into the national crime information center system through the Washington state patrol electronic database. Upon knowledge from the national crime information center system, the Washington state patrol's crime information center, or similar or subsequent authority, that a person in custody at a jail, or being released from custody, is the subject of a missing person's report, the jail shall notify the agency of original jurisdiction for the missing person's report.
The missing person's dentist or dentists shall provide diagnostic quality copies of the missing person's dental records or original dental records to the sheriff, chief of police, county coroner or county medical examiner, or other law enforcement authority, when presented with the written consent from the missing person's family or next of kin or with a statement from the sheriff, chief of police, county coroner or county medical examiner, or other law enforcement authority that the missing person's family or next of kin could not be located in the exercise of due diligence or that the missing person's family or next of kin refuse to consent to the release of the missing person's dental records and there is reason to believe that the missing person's family or next of kin may have been involved in the missing person's disappearance.
As soon as possible after collecting the DNA samples, the sheriff, chief of police, or other law enforcement authority shall submit the DNA samples to the appropriate laboratory. Dental records shall be submitted as soon as possible to the Washington state patrol missing and unidentified persons unit.
The descriptive information from missing person's reports and dental data submitted to the Washington state patrol missing and unidentified persons unit shall be recorded and maintained by the Washington state patrol missing and unidentified persons unit in the applicable dedicated missing person's databases.
When a person reported missing has been found, the sheriff, chief of police, coroner or medical examiner, or other law enforcement authority shall report such information to the Washington state patrol.
The dental identification system shall maintain a file of information regarding persons reported to it as missing. The file shall contain the information referred to in this section and such other information as the Washington state patrol finds relevant to assist in the location of a missing person.
The files of the dental identification system shall, upon request, be made available to law enforcement agencies attempting to locate missing persons.
[ 2022 c 251 s 5; 2020 c 45 s 2; 2007 c 10 s 5. Prior: 2006 c 235 s 4; 2006 c 102 s 6; 2001 c 223 s 1; 1984 c 17 s 18; 1983 1st ex.s. c 16 s 16. Formerly RCW 68.08.355.]
Notes:
Findings—Intent—2020 c 45: "The legislature finds that a recent search of available missing and unidentified persons data for Washington state returned one thousand nine hundred twenty-six pending missing persons cases and one hundred seventy-two records of full or partial unidentified remains throughout the state. Every one of these individuals is someone's family member or loved one.
The legislature further finds that more can be done to reduce the number of missing and unidentified Washingtonians through the utilization of national resources. The national missing and unidentified persons system is a publicly searchable resource developed by the national institute of justice that contains databases of missing persons and unidentified persons cases from across the country. Cases entered into these databases are verified with local authorities and are automatically searched against one another. The national missing and unidentified persons system also has the ability to compile potentially identifiable information and available biometric data, such as DNA, including family reference samples, dental records, and fingerprints. Participation in the national missing and unidentified persons system is free, and biometric sample kits are funded through the national missing and unidentified persons system, alleviating the burden on contributing local governments. At the close of 2019, the national missing and unidentified persons system databases included nearly seventeen thousand published outstanding missing persons cases, and over thirteen thousand published unidentified persons cases. In addition, over nineteen thousand missing persons cases and over four thousand unidentified persons cases that were included in the national missing and unidentified persons system have been resolved.
The legislature recognizes that participating in this centralized and nationally based system is to the advantage of the citizens of the state, and intends to establish a system of consistent statewide participation in order to achieve its full benefit." [ 2020 c 45 s 1.]
Short title—2020 c 45: "This act may be known and cited as Cody's law." [ 2020 c 45 s 5.]
Intent—2007 c 10: See note following RCW 43.103.110.
Purpose—Effective date—2006 c 235: See notes following RCW 70.02.050.
Finding—Intent—2006 c 102: See note following RCW 36.28A.100.
Effective date—1983 1st ex.s. c 16: See RCW 43.103.901.
Missing children clearinghouse and hotline: Chapter 13.60 RCW.

catchline: Procedures for investigating missing persons—Availability of files.


title: RCW 68.50.325

text:
(1) A county coroner having jurisdiction over human remains pursuant to RCW 68.50.010 shall, upon knowledge that the remains are of an indigenous person, cooperate with law enforcement to attempt to identify and immediately contact family members and any affected tribes, tribal organizations, and communities prior to removal or disturbance of the remains, except as deemed necessary by the county coroner and law enforcement in the interest of safety or to preserve evidence for any ongoing criminal investigation. Efforts to contact family members and affected tribes, tribal organizations, and communities must include an attempt to facilitate contact through the regional liaison for missing and murdered indigenous persons pursuant to RCW 43.43.874 within 10 days of the county coroner having jurisdiction over the remains.
(2) If contact is successfully made, the county coroner shall afford an opportunity for a family member or a representative from any affected tribes, tribal organizations, or communities to visit the remains for the purpose of conducting any spiritual practices or ceremonies to honor or recognize the indigenous person's passing. A family member or representative's activities may not interfere with or jeopardize the integrity of any ongoing criminal investigation. The county coroner and the lead investigator from the law enforcement agency of jurisdiction must provide the family member or representative with a list containing any conduct the family member or representative is prohibited from doing when interacting with the remains, including an explanation of why the conduct is prohibited. The family member or representative may not conduct any practices or ceremonies until the county coroner and the lead investigator provide their authorization.
(3) For the purposes of this section, "affected tribes" has the same meaning as in RCW 68.50.645.
(4) Nothing in this section may be construed to contradict the sovereignty or rights of any federally recognized Indian tribe whose traditional lands and territories included parts of Washington.
[ 2022 c 251 s 1.]

catchline: Indigenous persons—Identification of remains—Spiritual practices.


title: RCW 68.50.330

text:
If the county coroner or county medical examiner investigating a death is unable to establish the identity of a body or human remains by visual means, fingerprints, or other identifying data, he or she shall have a qualified dentist, as determined by the county coroner or county medical examiner, carry out a dental examination of the body or human remains. If the county coroner or county medical examiner with the aid of the dental examination and other identifying findings is still unable to establish the identity of the body or human remains, he or she shall prepare and forward such dental examination records within thirty days of the date the body or human remains were found to the dental identification system of the state patrol identification and criminal history section on forms supplied by the state patrol for such purposes.
The dental identification system shall act as a repository or computer center or both with respect to such dental examination records. It shall compare such dental examination records with dental records filed with it and shall determine which scoring probabilities are the highest for the purposes of identification. It shall then submit such information to the county coroner or county medical examiner who prepared and forwarded the dental examination records.
If the body or human remains are still unidentified thirty days after discovery, the county coroner or county medical examiner investigating the death must, as soon as practicable, submit information regarding the body or remains to the national missing and unidentified persons system created by the United States department of justice's national institute of justice. Information submitted to the national missing and unidentified persons system must include, to the extent information is available, a detailed personal description, DNA information, copies of fingerprints on standardized eight inch by eight inch fingerprint cards or the equivalent digital image, forensic dental examination records, and other identifying data, including date and place of death. If the identity of the body or human remains is later established, the county coroner or county medical examiner must notify the national missing and unidentified persons system within forty-eight hours.
[ 2020 c 45 s 3; 2001 c 172 s 1; 1984 c 17 s 19; 1983 1st ex.s. c 16 s 17. Formerly RCW 68.08.360.]
Notes:
Findings—Intent—Short title—2020 c 45: See notes following RCW 68.50.320.
Effective date—1983 1st ex.s. c 16: See RCW 43.103.901.

catchline: Identification of body or human remains by dental examination—Comparison of dental examination records with dental records of dental identification system.


title: RCW 68.50.645

text:
(1) It is the duty of every person who knows of the existence and location of skeletal human remains to notify the coroner and local law enforcement in the most expeditious manner possible, unless such person has good reason to believe that such notice has already been given. Any person knowing of the existence of skeletal human remains and not having good reason to believe that the coroner and local law enforcement has notice thereof and who fails to give notice to the coroner and local law enforcement, is guilty of a misdemeanor.
(2) Any person engaged in ground disturbing activity and who encounters or discovers skeletal human remains in or on the ground shall:
(a) Immediately cease any activity which may cause further disturbance;
(b) Make a reasonable effort to protect the area from further disturbance;
(c) Report the presence and location of the remains to the coroner and local law enforcement in the most expeditious manner possible; and
(d) Be held harmless from criminal and civil liability arising under the provisions of this section provided the following criteria are met:
(i) The finding of the remains was based on inadvertent discovery;
(ii) The requirements of the subsection are otherwise met; and
(iii) The person is otherwise in compliance with applicable law.
(3) The coroner must make a determination of whether the skeletal human remains are forensic or nonforensic within five business days of receiving notification of a finding of such human remains provided that there is sufficient evidence to make such a determination within that time period. The coroner will retain jurisdiction over forensic remains.
(a) Upon determination that the remains are nonforensic, the coroner must notify the department of archaeology and historic preservation within two business days. The department will have jurisdiction over such remains until provenance of the remains is established. A determination that remains are nonforensic does not create a presumption of removal or nonremoval.
(b) Upon receiving notice from a coroner of a finding of nonforensic skeletal human remains, the department must notify the appropriate local cemeteries, and all affected Indian tribes via certified mail to the head of the appropriate tribal government, and contact the appropriate tribal cultural resources staff within two business days of the finding. The determination of what are appropriate local cemeteries to be notified is at the discretion of the department. A notification to tribes of a finding of such nonforensic skeletal human remains does not create a presumption that the remains are Indian.
(c) The state physical anthropologist must make an initial determination of whether nonforensic skeletal human remains are Indian or non-Indian to the extent possible based on the remains within two business days of notification of a finding of nonforensic remains. If the remains are determined to be Indian, the department must notify all affected Indian tribes via certified mail to the head of the appropriate tribal government within two business days and contact the appropriate tribal cultural resources staff.
(d) The affected tribes have five business days to respond via telephone or writing to the department as to their interest in the remains.
(4) For the purposes of this section:
(a) "Affected tribes" are:
(i) Those federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found;
(ii) Those federally recognized tribes that submit to the department maps that reflect the tribe's geographical area of cultural affiliation; and
(iii) Other tribes with historical and cultural affiliation in the jurisdiction where the remains were found.
(b) "Forensic remains" are those that come under the jurisdiction of the coroner pursuant to RCW 68.50.010.
(c) "Inadvertent discovery" has the same meaning as used in RCW 27.44.040.
(5) Nothing in this section constitutes, advocates, or otherwise grants, confers, or implies federal or state recognition of those tribes that are not federally recognized pursuant to 25 C.F.R. part 83, procedures for establishing that an American Indian group exists as an Indian tribe.
[ 2008 c 275 s 1.]
Notes:
Reporting requirements—2008 c 275: "The department of archaeology and historic preservation must communicate with the appropriate committees of the legislature by November 15, 2009, and biennially thereafter, regarding the numbers of inadvertent discoveries of skeletal human remains and other associated activities pursuant to this act." [ 2008 c 275 s 8.]

catchline: Skeletal human remains—Duty to notify—Ground disturbing activities—Coroner determination—Definitions.


title: RCW 68.50.901

text:
RCW * 68.50.520 through ** 68.50.630 and 68.50.901 through 68.50.904 apply to a document of gift, revocation, or refusal to make an anatomical gift signed by the donor or a person authorized to make or object to making an anatomical gift before, on, or after July 25, 1993.
[ 1993 c 228 s 12.]
Notes:
Reviser's note: *(1) RCW 68.50.520 through 68.50.620 were repealed by 2008 c 139 s 31.
**(2) RCW 68.50.630 was repealed by 2002 c 45 s 1.

catchline: Application—1993 c 228.


title: RCW 68.50.902

text:
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
[ 1993 c 228 s 13.]

catchline: Application—Construction—1993 c 228.


title: RCW 68.50.903

text:
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1993 c 228 s 14.]

catchline: Severability—1993 c 228.


title: RCW 68.50.904

text:
RCW * 68.50.520 through ** 68.50.630 and 68.50.901 through 68.50.903 may be cited as the "uniform anatomical gift act."
[ 1993 c 228 s 16.]
Notes:
Reviser's note: *(1) RCW 68.50.520 through 68.50.620 were repealed by 2008 c 139 s 31.
**(2) RCW 68.50.630 was repealed by 2002 c 45 s 1.

catchline: Short title—1993 c 228.


title: RCW 68.52.010

text:
The county legislative authority of each county may at its discretion provide and equip a public morgue together with suitable morgue wagon for the conveyance, receipt and proper disposition of the bodies of all deceased persons not claimed by relatives, and of all dead bodies which are by law subject to a postmortem or coroner's inquest: PROVIDED, HOWEVER, That only one public morgue may be established in any county: PROVIDED FURTHER, That counties may agree to establish joint morgue facilities pursuant to chapter 39.34 RCW.
[ 1983 1st ex.s. c 16 s 19; 1917 c 90 s 1; RRS s 6040. Formerly RCW 68.12.010.]
Notes:
Effective date—1983 1st ex.s. c 16: See RCW 43.103.901.

catchline: Morgues authorized in counties.


title: RCW 68.52.020

text:
Such morgue shall be under the control and management of the coroner who shall have power with the advice and consent of the county commissioners, to employ the necessary deputies and employees; and, with the advice and consent of the county commissioners, to fix their salaries and compensation, which, together with the expenses of operating such morgue, shall be paid monthly out of the county treasury.
[ 1917 c 90 s 2; RRS s 6041. Formerly RCW 68.12.020.]

catchline: Coroner to control morgue—Expense.


title: RCW 68.52.030

text:
Each and every county, town or city, shall have power to provide a hearse and pall for burial of the dead, and to procure and hold lands for burying grounds, and to make regulations and fence the same, and to preserve the monuments erected therein, and to levy and collect the necessary taxes for that purpose, in the same manner as other taxes are levied and collected.
[ 1857 p 28 s 3; RRS s 3772. Formerly RCW 68.12.030.]

catchline: Counties and cities may provide for burial, acquire cemeteries, etc.


title: RCW 68.52.040

text:
Any city or town may acquire, hold, or improve land for cemetery purposes, and may sell lots therein, and may provide by ordinance that a specified percentage of the proceeds therefrom be set aside and invested, and the income from the investment be used in the care of the lots, and may take and hold any property devised, bequeathed or given upon trust, and apply the income thereof for the improvement or embellishment of the cemeteries or the erection or preservation of structures, fences, or walks therein, or for the repair, preservation, erection, or renewal of any tomb, monument, gravestone, fence, railing, or other erection at or around a cemetery, lot, or plat, or for planting and cultivating trees, shrubs, flowers, or plants in or around the lot or plot, or for improving or embellishing the cemetery in any other manner or form consistent with the design and purpose of the city, according to the terms of the grant, devise, or bequest.
[ 1955 c 378 s 1; 1909 c 156 s 1; RRS s 3773. Formerly RCW 68.12.040.]

catchline: Cities and towns may own, improve, etc., cemeteries.


title: RCW 68.52.045

text:
The legislative body of any city or town may provide by ordinance for a cemetery board to be appointed by the mayor in cities and towns operating under the mayor-council form of government, by the city commission in cities operating under the commission form of government, and by the city manager in cities and towns operating under the council-manager form of government: PROVIDED FURTHER, That no ordinance shall be enacted, pursuant to this section, in conflict with provisions contained in charters of cities of the first class.
[ 1955 c 378 s 2. Formerly RCW 68.12.045.]

catchline: Cities and towns may provide for a cemetery board.


title: RCW 68.52.050

text:
All moneys received in the manner above provided shall be deposited with the city treasurer, and shall be kept apart in a fund known as the cemetery improvement fund, and shall be paid out only upon warrants drawn by the order of the cemetery board, if such a board exists, or by order of the body, department, commission, or committee duly authorized by ordinance to issue such an order, or by the legislative body of a city or town, which order shall be approved by such legislative body if such order is not issued by the legislative body, and shall be indorsed by the mayor and attested by the city comptroller or other authorized officer.
[ 1955 c 378 s 3; 1909 c 156 s 4; RRS s 3776. Formerly RCW 68.12.050.]

catchline: Cemetery improvement fund.


title: RCW 68.52.060

text:
It shall be the duty of the cemetery board and other body or commission having in charge the care and operation of cemeteries to invest all sums set aside from the sale of lots, and all sums of money received, and to care for the income of all money and property held in trust for the purposes designated herein: PROVIDED, HOWEVER, That all investments shall be made in municipal, county, school or state bonds, general obligation warrants of the city owning such cemetery, or in first mortgages on good and improved real estate.
[ 1933 c 91 s 1; 1909 c 156 s 2; RRS s 3774. FORMER PART OF SECTION: 1909 c 156 s 3 now codified as RCW 68.52.065. Formerly RCW 68.12.060.]

catchline: Care and investment of fund.


title: RCW 68.52.065

text:
All investments shall be approved by the council or legislative body of the city.
[ 1909 c 156 s 3; RRS s 3775. Formerly RCW 68.12.060, part, and 68.12.065.]

catchline: Approval of investments.


title: RCW 68.52.070

text:
The said city shall, by ordinance, make all necessary rules and regulations concerning the control and management of said fund to properly safeguard the same, but shall in nowise be liable for any of said funds except a misappropriation thereof, and shall not have power to bind the city or said fund for any further liability than whatever net interest may be actually realized from such investments, and shall not be liable to any particular person for more than the proportionate part of such net earnings.
[ 1909 c 156 s 6; RRS s 3778. Formerly RCW 68.12.070.]

catchline: Cemetery improvement fund—Management.


title: RCW 68.52.080

text:
Accurate books of account shall be kept of all transactions pertaining to said fund, which books shall be open to the public for inspection and shall be audited by the auditing committee of said city.
[ 1909 c 156 s 5; RRS s 3777. Formerly RCW 68.12.080.]

catchline: Books of account—Audit.


title: RCW 68.52.090

text:
Cemetery districts may be established in all counties and on any island in any county, as in this chapter provided.
[ 1971 c 19 s 1; 1957 c 99 s 1; 1953 c 41 s 1; 1947 c 27 s 1; 1947 c 6 s 1; Rem. Supp. 1947 s 3778-150. Formerly RCW 68.16.010.]

catchline: Establishment authorized.


title: RCW 68.52.100

text:
(1) To form a cemetery district, a petition designating the boundaries of the proposed district by metes and bounds or describing the lands to be included in the proposed district by government townships, ranges, and legal subdivisions, setting forth the object of the formation of the proposed district, and stating that the formation of the proposed district will be conducive to the public welfare and convenience, must be filed with the county auditor of the county in which the proposed district is located, accompanied by an obligation signed by two or more petitioners agreeing to pay the cost of publishing the notice specified in RCW 68.52.120.
(2) The petition must be signed by at least ten percent of the registered voters in the proposed district. However, in counties with only one municipality the petition must be signed by at least ten percent of the registered voters in the proposed district, based on the total vote cast in the most recent county general election.
(3) The county auditor must, within thirty days from the date of filing of the petition, examine the signatures and certify the sufficiency or insufficiency of the petition.
(4) Notwithstanding subsection (3) of this section, in counties with only one municipality the county auditor must examine the signatures and certify the sufficiency or insufficiency of the petition within fifteen days from the date of filing of the petition. If the county auditor certifies that the petition is insufficient, the county auditor must afford the person who filed the petition ten days from that certification to add additional signatures to the petition. The petition must be refiled by the end of that period. Within fifteen days from the date of refiling, the county auditor must examine the signatures and certify the sufficiency or insufficiency of the petition.
(5) The name of any person who signed a petition may not be withdrawn from the petition after it has been filed with the county auditor.
(6) If the petition is found to contain a sufficient number of valid signatures, the county auditor must transmit it, with a certificate of sufficiency attached, to the county legislative authority, which must thereupon, by resolution entered upon its minutes, receive the petition and fix a day and hour when it will publicly hear the petition.
(7) For the purposes of this section, "municipality" means a city or town.
[ 2013 c 167 s 1; 2008 c 96 s 1; 1994 c 223 s 74; 1947 c 6 s 2; Rem. Supp. 1947 s 3778-151. Formerly RCW 68.16.020.]

catchline: Petition—Requisites—Examination.


title: RCW 68.52.110

text:
The county legislative authority must conduct a hearing on the petition not less than twenty nor more than forty days from the date of receipt of the petition from the county auditor. The hearing may be completed on the day set for hearing the petition or it may be adjourned from time to time as necessary, but an adjournment may not extend the time for the county legislative authority's determination pursuant to RCW 68.52.140 more than sixty days from the date of receipt of the petition from the county auditor.
[ 2013 c 167 s 2; 1947 c 6 s 3; Rem. Supp. 1947 s 3778-152. Formerly RCW 68.16.030.]

catchline: Hearing—Place and date.


title: RCW 68.52.120

text:
The text of the petition with the names of petitioners omitted and a notice signed by the clerk of the county legislative authority stating the day, hour, and place of the hearing must be published in three consecutive weekly issues of the official newspaper of the county prior to the date of the hearing. The clerk must also cause a copy of the petition with the names of petitioners omitted, with a copy of the notice attached, to be posted for not less than fifteen days before the date of the hearing in three public places in the proposed district, to be previously designated by him or her and made a matter of record in the proceedings.
[ 2013 c 167 s 3; 2012 c 117 s 319; 1947 c 6 s 4; Rem. Supp. 1947 s 3778-153. Formerly RCW 68.16.040.]

catchline: Publication and posting of petition and notice of hearing.


title: RCW 68.52.130

text:
At the time and place fixed for the hearing on the petition or at any adjournment thereof, the county legislative authority must hear the petition and receive such evidence as it may deem material in favor of or opposed to the formation of the proposed cemetery district or to the inclusion or exclusion of any lands in the proposed district, but no lands not within the boundaries of the proposed district as described in the petition may be included without a written waiver describing the land, executed by all persons having any interest of record therein, having been filed in the proceedings. No land within the boundaries described in the petition may be excluded from the proposed district.
[ 2013 c 167 s 4; 1947 c 6 s 5; Rem. Supp. 1947 s 3778-154. Formerly RCW 68.16.050.]

catchline: Hearing—Inclusion and exclusion of lands.


title: RCW 68.52.140

text:
(1) After conducting the hearing on the petition, if the county legislative authority determines that the formation of the proposed cemetery district will be conducive to the public welfare and convenience, the county legislative authority must by resolution so declare, otherwise the county legislative authority must deny the petition.
(2) If the county legislative authority finds in favor of the formation of the proposed district, the county legislative authority must designate the name and number of the proposed district, fix the boundaries of the proposed district, and cause an election to be held in the proposed district to determine whether the proposed district will be formed under the provisions of this chapter, and to elect the first cemetery district commissioners.
(3) Three cemetery district commissioners must be elected at the election to determine whether the proposed district will be formed, but the election of the commissioners is null and void if the district is not formed. No primary will be held for the office of cemetery district commissioner. A special filing period must be opened as provided in RCW 29A.24.171 and 29A.24.181. Candidates must run for specific commissioner positions. The person receiving the greatest number of votes for each commissioner position is elected to that position. The terms of office of the initial commissioners are as provided in RCW 68.52.220.
[ 2013 c 167 s 5; 1996 c 324 s 3; 1994 c 223 s 75; 1982 c 60 s 2; 1947 c 6 s 6; Rem. Supp. 1947 s 3778-155. Formerly RCW 68.16.060.]

catchline: Formation of district and election of first commissioners.


title: RCW 68.52.150

text:
Except as otherwise provided in this chapter, the election must insofar as possible be called, noticed, held, conducted, and canvassed in the same manner and by the same officials as provided by law for special elections in the county. The notice of election must: State generally and briefly the purpose of the election; describe the boundaries of the proposed cemetery district; list the names of the candidates for first cemetery district commissioners; and specify the election date.
[ 2013 c 167 s 6; 1947 c 6 s 7; Rem. Supp. 1947 s 3778-156. Formerly RCW 68.16.070.]
Notes:
Elections: Title 29A RCW.

catchline: Election, how conducted—Notice.


title: RCW 68.52.155

text:
Cemetery district elections shall conform with general election laws, except that there shall be no primary to nominate candidates. All persons filing and qualifying shall appear on the general election ballot and the person receiving the largest number of votes for each position shall be elected.
A vacancy on a board of cemetery district commissioners shall occur and shall be filled as provided in chapter 42.12 RCW.
[ 1996 c 324 s 4; 1994 c 223 s 73.]

catchline: Conformity with election laws—Exception—Vacancies.


title: RCW 68.52.160

text:
The ballot for the election shall be in such form as may be convenient but shall present the propositions substantially as follows:
". . .(insert county name). . . cemetery district No. . . .(insert number). . .
. . .Yes. . .
. . .(insert county name). . . cemetery district No. . . .(insert number). . .
. . .No. . ."
[ 1994 c 223 s 76; 1947 c 6 s 8; Rem. Supp. 1947 s 3778-157. Formerly RCW 68.16.080.]

catchline: Election ballot.


title: RCW 68.52.170

text:
(1) The returns of the election must be canvassed following the election, but the canvass may be adjourned from time to time to await the receipt of election returns. Upon conclusion of the canvass, the canvassing officials must certify the results to the county legislative authority.
(2) The cemetery district is formed if two-thirds of all votes cast at the election were in favor of the formation of the proposed district. However, in counties with only one municipality the district is formed if a majority of all votes cast at the election were in favor of the formation of the proposed district.
(3) If the proposition to form the proposed district received the voter approval required under this section, the county legislative authority must by resolution recorded in the county legislative authority's minutes: Declare the district formed under the name and number previously designated; and declare the three candidates receiving the highest number of votes for cemetery district commissioners as the duly elected first commissioners of the district. The clerk of the county legislative authority must certify a copy of the resolution and cause it to be filed for record in the offices of the county auditor and the county assessor of the county. The certified copy may be recorded without payment of a recording fee.
(4) If the proposition to form the proposed district failed to receive the voter approval required under this section, the county legislative authority must record in the county legislative authority's minutes the failed vote, and all proceedings relating to the proposed district are null and void.
(5) For the purposes of this section, "municipality" means a city or town.
[ 2013 c 167 s 7; 1947 c 6 s 9; Rem. Supp. 1947 s 3778-158. Formerly RCW 68.16.090.]

catchline: Canvass of returns—Votes required for district formation.


title: RCW 68.52.180

text:
(1) Any person, firm, or corporation having a substantial interest involved, and feeling aggrieved by any finding, determination, or resolution of the county legislative authority under the provisions of this chapter, may appeal within five days after the finding, determination, or resolution was made to the superior court of the county in the same manner as provided by law for appeals from orders of the county legislative authority.
(2) After the expiration of five days from the date of the resolution declaring the district formed, and upon filing of certified copies of the resolution in the offices of the county auditor and county assessor, the formation of the cemetery district is complete and its legal existence may not thereafter be questioned by any person by reason of any defect in the proceedings for the formation of the cemetery district.
[ 2013 c 167 s 8; 1947 c 6 s 10; Rem. Supp. 1947 s 3778-159. Formerly RCW 68.16.100.]
Notes:
Appeals from action of board of county commissioners: RCW 36.32.330.

catchline: Review—When district formation is complete.


title: RCW 68.52.185

text:
A county legislative authority may, by ordinance or resolution, provide for a ballot proposition to form a cemetery district. When proposed by ordinance or resolution of the county legislative authority, a ballot proposition shall designate the boundaries of the proposed district by metes and bounds or describing the lands to be included in the proposed district by government townships, ranges, and legal subdivisions. The ballot proposition authorizing the formation of a cemetery district shall be submitted to the voters residing within the proposed district consistent with the provisions of this chapter.
[ 2008 c 96 s 2.]

catchline: Ballot proposition authorized for district formation.


title: RCW 68.52.190

text:
Cemetery districts created under this chapter shall be deemed to be municipal corporations within the purview of the Constitution and laws of the state of Washington. They shall constitute bodies corporate and possess all the usual powers of corporations for public purposes. They shall have full authority to carry out the objects of their creation, and to that end are empowered to acquire, hold, lease, manage, occupy and sell real and personal property or any interest therein; to enter into and perform any and all necessary contracts; to appoint and employ necessary officers, agents and employees; to contract indebtedness, to borrow money, and to issue general obligation bonds in accordance with chapter 39.46 RCW; to levy and enforce the collection of taxes against the lands within the district, and to do any and all lawful acts to effectuate the purposes of this chapter.
[ 1984 c 186 s 58; 1967 c 164 s 6; 1947 c 6 s 11; Rem. Supp. 1947 s 3778-160. Formerly RCW 68.16.110.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Purpose—Severability—1967 c 164: See notes following RCW 4.96.010.
Tortious conduct of local governmental entities: RCW 4.96.010.

catchline: General powers of district.


title: RCW 68.52.192

text:
A cemetery district may jointly operate or provide, cooperate to operate and provide and/or contract for a term of not to exceed five years to provide or have provided public cemetery facilities or services, with any other public or private agency, including out of state public agencies, which each is separately authorized to operate or provide, under terms mutually agreed upon by such public or private agencies. The governing body of a cemetery district may join with any other public or private agency in buying supplies, equipment, and services collectively.
[ 1963 c 112 s 3. Formerly RCW 68.16.112.]

catchline: Public cemetery facilities or services—Cooperation with public or private agencies—Joint purchasing.


title: RCW 68.52.193

text:
As used in RCW 68.52.192, "public agency" means counties, cities and towns, special districts, or quasi municipal corporations.
[ 1987 c 331 s 73; 1963 c 112 s 2. Formerly RCW 68.16.113.]

catchline: Public cemetery facilities or services—"Public agency" defined.


title: RCW 68.52.195

text:
In addition to other authority that a cemetery district possesses, a cemetery district may provide any public improvement as defined under RCW 39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a cemetery district to otherwise participate in the public improvements if that authority exists elsewhere.
[ 2001 c 212 s 21.]

catchline: Community revitalization financing—Public improvements.


title: RCW 68.52.200

text:
The taking and damaging of property or rights therein by any cemetery district to carry out the purposes of its creation, are hereby declared to be for a public use, and any such district shall have and exercise the power of eminent domain to acquire any property or rights therein, either inside or outside the district for the use of such district. In exercising the power of eminent domain, a district shall proceed in the manner provided by law for the appropriation of real property or rights therein by private corporations. It may at its option unite in a single action proceedings to condemn property held by separate owners. Two or more condemnation suits instituted separately may also in the discretion of the court be consolidated upon motion of any interested party into a single action. In such cases the jury shall render separate verdicts for each tract of land in different ownership. No finding of the jury or decree of the court as to damages in any condemnation suit instituted by the district shall be held or construed to destroy the right of the district to levy and collect taxes for any and all district purposes against the uncondemned land situated within the district.
[ 1947 c 6 s 12; Rem. Supp. 1947 s 3778-161. Formerly RCW 68.16.120.]
Notes:
Eminent domain: State Constitution Art. 1 s 16 (Amendment 9).
Eminent domain by corporations: Chapter 8.20 RCW.

catchline: Right of eminent domain.


title: RCW 68.52.210

text:
(1) A cemetery district organized under this chapter shall have power to acquire, establish, maintain, manage, improve and operate cemeteries and conduct any and all of the businesses of a cemetery as defined in this title. A cemetery district shall constitute a cemetery authority as defined in this title and shall have and exercise all powers conferred thereby upon a cemetery authority and be subject to the provisions thereof.
(2) A cemetery district may include within its boundaries the lands embraced within the corporate limits of any incorporated city or town and in any such cases the district may acquire any cemetery or cemeteries theretofore maintained and operated by any such city or town and proceed to maintain, manage, improve and operate the same under the provisions hereof. In such event the governing body of the city or town, after the transfer takes place, shall levy no cemetery tax. The power of eminent domain heretofore conferred shall not extend to the condemnation of existing cemeteries within the district: PROVIDED, That no cemetery district shall operate a cemetery within the corporate limits of any city or town where there is a private cemetery operated for profit.
[ 2006 c 335 s 1; 1994 c 81 s 82; 1971 c 19 s 2; 1959 c 23 s 2; 1957 c 39 s 1; 1947 c 6 s 13; Rem. Supp. 1947 s 3778-162. Formerly RCW 68.16.130.]

catchline: Power to do cemetery business—District boundaries may include cities and towns—Eminent domain exception.


title: RCW 68.52.220

text:
(1) The affairs of the cemetery district must be managed by a board of cemetery district commissioners composed of three members. The board may provide, by resolution passed by the commissioners, for the payment of compensation to each of its commissioners at a rate of up to $90 for each day or portion of a day spent in actual attendance at official meetings of the district commission, or in performance of other official services or duties on behalf of the district. However, the compensation for each commissioner must not exceed $8,640 per year.
(2) Any commissioner may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the clerk of the board. The waiver, to be effective, must be filed any time after the commissioner's election and prior to the date on which the compensation would otherwise be paid. The waiver must specify the month or period of months for which it is made. The board must fix the compensation to be paid the secretary and other employees of the district. Cemetery district commissioners and candidates for cemetery district commissioner are exempt from the requirements of Title 29B RCW.
(3) The initial cemetery district commissioners must assume office immediately upon their election and qualification. Staggering of terms of office must be accomplished as follows: (a) The person elected receiving the greatest number of votes is elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (b) the person who is elected receiving the next greatest number of votes is elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (c) the other person who is elected is elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial commissioners must assume office immediately after they are elected and qualified but their terms of office must be calculated from the first day of January after the election.
(4) Thereafter, commissioners are elected to six-year terms of office. Commissioners must serve until their successors are elected and qualified and assume office as provided in RCW 29A.60.280.
(5) The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning January 1, 2024, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items must be used for the adjustments for inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect.
(6) A person holding office as commissioner for two or more special purpose districts may receive only that per diem compensation authorized for one of his or her commissioner positions as compensation for attending an official meeting or conducting official services or duties while representing more than one of his or her districts. However, such commissioner may receive additional per diem compensation if approved by resolution of all boards of the affected commissions.
[ 2024 c 164 s 531; 2020 c 83 s 6; 2013 c 167 s 9; 2011 c 60 s 47; 2007 c 469 s 6; 1998 c 121 s 6; 1994 c 223 s 77; 1990 c 259 s 33; 1982 c 60 s 3; 1979 ex.s. c 126 s 40; 1947 c 6 s 14; Rem. Supp. 1947 s 3778-163. Formerly RCW 68.16.140.]
Notes:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Effective date—2011 c 60: See note following RCW 29B.20.030.
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).


title: RCW 68.52.250

text:
Special elections submitting propositions to the registered voters of the district may be called at any time by resolution of the cemetery commissioners in accordance with RCW 29A.04.321 and 29A.04.330, and shall be called, noticed, held, conducted and canvassed in the same manner and by the same officials as provided for the election to determine whether the district shall be created.
[ 2015 c 53 s 92; 1990 c 259 s 34; 1947 c 6 s 17; Rem. Supp. 1947 s 3778-166. Formerly RCW 68.16.170.]
Notes:
Qualifications of electors: RCW 29A.08.210.

catchline: Special elections.


title: RCW 68.52.260

text:
Each cemetery commissioner, before assuming the duties of his or her office, shall take and subscribe an official oath to faithfully discharge the duties of his or her office, which oath shall be filed in the office of the county auditor.
[ 2012 c 117 s 320; 1986 c 167 s 24; 1947 c 6 s 18; Rem. Supp. 1947 s 3778-167. Formerly RCW 68.16.180.]
Notes:
Severability—1986 c 167: See note following RCW 29A.16.040.

catchline: Oath of commissioners.


title: RCW 68.52.270

text:
The board of cemetery district commissioners shall organize and elect a chair from its number and shall appoint a secretary for such term as the board may determine. The secretary shall keep a record of proceedings of the board and perform such other duties as may be prescribed by law or by the board, and shall also take and subscribe an oath for the faithful discharge of his or her duties, which shall be filed with the county clerk. The office of the board of cemetery commissioners and principal place of business of the district shall be at some place in the district designated by the board. The board shall hold regular monthly meetings at its office on such day as it may by resolution determine and may adjourn such meetings as may be required for the transaction of business. Special meetings of the board may be called at any time by a majority of the commissioners or by the secretary and the chair of the board. Any commissioner not joining in the call of a special meeting shall be entitled to three days written notice by mail of such meeting, specifying generally the business to be transacted. All meetings of the board of cemetery commissioners shall be public and a majority shall constitute a quorum. All records of the board shall be open to the inspection of any elector of the district at any meeting of the board. The board shall adopt a seal for the district; manage and conduct the affairs of the district; make and execute all necessary contracts; employ any necessary service, and promulgate reasonable rules and regulations for the government of the district and the performance of its functions and generally perform all acts which may be necessary to carry out the purposes for which the district was formed.
[ 2012 c 117 s 321; 1947 c 6 s 19; Rem. Supp. 1947 s 3778-168. Formerly RCW 68.16.190.]


title: RCW 68.52.280

text:
It shall be the duty of the county treasurer of the county in which any cemetery district is situated to receive and disburse all district revenues and collect all taxes authorized and levied under this chapter. There is hereby created in the office of county treasurer of each county in which a cemetery district shall be organized for the use of the district, a cemetery district fund. All taxes levied for district purposes when collected shall be placed by the county treasurer in the cemetery district fund.
[ 1947 c 6 s 20; Rem. Supp. 1947 s 3778-169. Formerly RCW 68.16.200.]

catchline: Duty of county treasurer—Cemetery district fund.


title: RCW 68.52.290

text:
Annually, after the county board of equalization has equalized assessments for general tax purposes, the secretary of the district shall prepare a budget of the requirements of the cemetery district fund, certify the same and deliver it to the board of county commissioners in ample time for such board to levy district taxes. At the time of making general tax levies in each year, the board of county commissioners shall levy taxes required for cemetery district purposes against the real and personal property in the district in accordance with the equalized valuation thereof for general tax purposes, and as a part of said general taxes. Such levies shall be part of the general tax roll and be collected as a part of general taxes against the property in the district.
[ 1947 c 6 s 21; Rem. Supp. 1947 s 3778-170. Formerly RCW 68.16.210.]

catchline: Tax levy authorized for fund.


title: RCW 68.52.300

text:
The county treasurer shall disburse the cemetery district fund upon warrants issued by the county auditor on vouchers approved and signed by a majority of the board of cemetery commissioners and the secretary thereof.
[ 1947 c 6 s 22; Rem. Supp. 1947 s 3778-171. Formerly RCW 68.16.220.]

catchline: Disbursement of fund.


title: RCW 68.52.310

text:
The board of cemetery commissioners shall have no authority to contract indebtedness in any year in excess of the aggregate amount of the currently levied taxes, which annual tax levy for cemetery district purposes shall not exceed eleven and one-quarter cents per thousand dollars of assessed valuation.
[ 1973 1st ex.s. c 195 s 77; 1947 c 6 s 23; Rem. Supp. 1947 s 3778-172. Formerly RCW 68.16.230.]
Notes:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.

catchline: Limitation of indebtedness—Limitation of tax levy.


title: RCW 68.52.320

text:
Cemetery districts may be dissolved by a majority vote of the electors at an election called for that purpose, which shall be conducted in the same manner as provided for special elections, and no further district obligations shall thereafter be incurred, but such dissolution shall not abridge or cancel any of the outstanding obligations of the district, and the board of county commissioners shall have authority to make annual levies against the lands included within the district until the obligations of the district are fully paid. When the obligations are fully paid, any moneys remaining in the cemetery district fund and all collections of unpaid district taxes shall be transferred to the current expense fund of the county.
[ 1947 c 6 s 24; Rem. Supp. 1947 s 3778-173. Formerly RCW 68.16.240.]
Notes:
Dissolution of districts: Chapter 53.48 RCW.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.

catchline: Dissolution of districts.


title: RCW 68.52.330

text: See chapter 57.90 RCW.

catchline: Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for five years.


title: RCW 68.54.010

text:
Any territory contiguous to a cemetery district and not within the boundaries of a city or town other than as set forth in RCW 68.52.210 or other cemetery district may be annexed to such cemetery district by petition of ten percent of the registered voters residing within the territory proposed to be annexed who voted in the last general municipal election. Such petition shall be filed with the cemetery commissioners of the cemetery district and if the cemetery commissioners shall concur in the petition they shall then file such petition with the county auditor who shall within thirty days from the date of filing such petition examine the signatures thereof and certify to the sufficiency or insufficiency thereof. After the county auditor shall have certified to the sufficiency of the petition, the proceedings thereafter by the county legislative authority, and the rights and powers and duties of the county legislative authority, petitioners and objectors and the election and canvass thereof shall be the same as in the original proceedings to form a cemetery district: PROVIDED, That the county legislative authority shall have authority and it shall be its duty to determine on an equitable basis, the amount of obligation which the territory to be annexed to the district shall assume, if any, to place the taxpayers of the existing district on a fair and equitable relationship with the taxpayers of the territory to be annexed by reason of the benefits of coming into a going district previously supported by the taxpayers of the existing district, and such obligation may be paid to the district in yearly installments to be fixed by the county legislative authority if within the limits as outlined in RCW 68.52.310 and included in the annual tax levies against the property in such annexed territory until fully paid. The amount of the obligation and the plan of payment thereof filed by the county legislative authority shall be set out in general terms in the notice of election for annexation: PROVIDED, That the special election shall be held only within the boundaries of the territory proposed to be annexed to the cemetery district. Upon the entry of the order of the county legislative authority incorporating such contiguous territory within such existing cemetery district, the territory shall become subject to the indebtedness, bonded or otherwise, of the existing district in like manner as the territory of the district. Should such petition be signed by sixty percent of the registered voters residing within the territory proposed to be annexed, and should the cemetery commissioners concur therein, an election in such territory and a hearing on such petition shall be dispensed with and the county legislative authority shall enter its order incorporating such territory within the existing cemetery district.
[ 1990 c 259 s 35; 1987 c 331 s 74; 1969 ex.s. c 78 s 1. Formerly RCW 68.18.010.]

catchline: Annexation—Petition—Procedure.


title: RCW 68.54.020

text:
A cemetery district organized under chapter 68.52 RCW may merge with another such district lying adjacent thereto, upon such terms and conditions as they agree upon, in the manner hereinafter provided. The district desiring to merge with another district shall hereinafter be called the "merging district", and the district into which the merger is to be made shall be called the "merger district".
[ 1990 c 259 s 36; 1969 ex.s. c 78 s 2. Formerly RCW 68.18.020.]

catchline: Merger—Authorized.


title: RCW 68.54.030

text:
To effect such a merger, a petition therefor shall be filed with the board of the merger district by the commissioners of the merging district. The commissioners of the merging district may sign and file the petition upon their own initiative, and they shall file such a petition when it is signed by ten percent of the registered voters resident in the merging district who voted in the last general municipal election and presented to them. The petition shall state the reasons for the merger; give a detailed statement of the district's finances, listing its assets and liabilities; state the terms and conditions under which the merger is proposed; and pray for the merger.
[ 1990 c 259 s 37; 1969 ex.s. c 78 s 3. Formerly RCW 68.18.030.]

catchline: Merger—Petition—Procedure—Contents.


title: RCW 68.54.040

text:
The board of the merger district may, by resolution, reject the petition, or it may concur therein as presented, or it may modify the terms and conditions of the proposed merger, and shall transmit the petition, together with a copy of its resolution thereon to the merging district. If the petition is concurred in as presented or as modified, the board of the merging district shall forthwith present the petition to the auditor of the county in which the merging district is situated, who shall within thirty days examine the signatures thereon and certify to the sufficiency or insufficiency thereof, and for that purpose he or she shall have access to all registration books and records in the possession of the registration officers of the election precincts included, in whole or in part, within the merging district. Such books and records shall be prima facie evidence of truth of the certificate. No signatures may be withdrawn from the petition after the filing.
[ 2012 c 117 s 322; 1969 ex.s. c 78 s 4. Formerly RCW 68.18.040.]

catchline: Merger—Petition—Rejection, concurrence, or modification—Signatures.


title: RCW 68.54.050

text:
If the auditor finds that the petition contains the signatures of a sufficient number of qualified electors, he or she shall return it, together with his or her certificate of sufficiency attached thereto, to the board of the merging district. Thereupon such board shall adopt a resolution, calling a special election in the merging district, at which shall be submitted to the electors thereof, the question of the merger.
[ 2012 c 117 s 323; 1969 ex.s. c 78 s 5. Formerly RCW 68.18.050.]

catchline: Merger—Petition—Special election.


title: RCW 68.54.060

text:
The board of [the] merging district shall notify the board of the merger district of the results of the election. If three-fifths of the votes cast at the election favor the merger, the respective district boards shall adopt concurrent resolutions, declaring the districts merged, under the name of the merger district. Thereupon the districts are merged into one district, under the name of the merger district; the merging district is dissolved without further proceedings; and the boundaries of the merger district are thereby extended to include all the area of the merging district. Thereafter the legal existence cannot be questioned by any person by reason of any defect in the proceedings had for the merger.
[ 1969 ex.s. c 78 s 6. Formerly RCW 68.18.060.]


title: RCW 68.54.070

text:
If three-fifths of all the qualified electors in the merging district sign the petition to merge, no election on the question of the merger is necessary. In such case, the auditor shall return the petition, together with his or her certificate of sufficiency attached thereto, to the board of the merging district. Thereupon the boards of the respective districts shall adopt their concurrent resolutions of merger in the same manner and to the same effect as if the merger had been authorized by an election.
[ 2012 c 117 s 324; 1969 ex.s. c 78 s 7. Formerly RCW 68.18.070.]

catchline: Merger—Petition—When election dispensed with.


title: RCW 68.54.080

text:
None of the obligations of the merged districts or of a local improvement district therein shall be affected by the merger and dissolution, and all land liable to be assessed to pay any of such indebtedness shall remain liable to the same extent as if the merger had not been made, and any assessments theretofore levied against the land shall remain unimpaired and shall be collected in the same manner as if no merger had been made. The commissioners of the merged district shall have all the powers possessed at the time of the merger by the commissioners of the two districts, to levy, assess and cause to be collected all assessments against any land in both districts which may be necessary to provide for the payment of the indebtedness thereof, and until the assessments are collected and all indebtedness of the districts paid, separate funds shall be maintained for each district as were maintained before the merger: PROVIDED, That the board of the merged district may, with the consent of the creditors of the districts merged, cancel any or all assessments theretofore levied, in accordance with the terms and conditions of the merger, to the end that the lands in the respective districts shall bear their fair and proportionate share of such indebtedness.
[ 1969 ex.s. c 78 s 8. Formerly RCW 68.18.080.]

catchline: Merger—Preexisting obligations.


title: RCW 68.54.090

text:
The commissioners of the merging district shall, forthwith upon completion of the merger, transfer, convey, and deliver to the merged district all property and funds of the merging district, together with all interest in and right to collect any assessments theretofore levied.
[ 1969 ex.s. c 78 s 9. Formerly RCW 68.18.090.]

catchline: Merger—Transfer of all property, funds, assessments.


title: RCW 68.54.100

text:
A part of one district may be transferred and merged with an adjacent district whenever such area can be better served by the merged district. To effect such a merger a petition, signed by not less than fifteen percent of the qualified electors residing in the area to be merged, shall be filed with the commissioners of the merging district. Such petition shall be promoted by one or more qualified electors within the area to be transferred. If the commissioners of the merging district act favorably upon the petition, then the petition shall be presented to the commissioners of the merger district. If the commissioners of the merger district act favorably upon the petition, an election shall be called in the area merged.
In the event that either board of cemetery commissioners should not concur with the petition, the petition may then be presented to a county review board established for such purposes, if there be no county review board for such purposes then to the state review board and if there be no state review board, then to the county commissioners of the county in which the area to be merged is situated, who shall decide if the area can be better served by such a merger; upon an affirmative decision an election shall be called in the area merged.
A majority of the votes cast shall be necessary to approve the transfer.
[ 1969 ex.s. c 78 s 10. Formerly RCW 68.18.100.]

catchline: Merger and transfer of part of one district to adjacent district—Petition—Election—Vote.


title: RCW 68.54.110

text:
If three-fifths of all the qualified electors in the area to be merged sign a petition to merge the districts, no election on the question of the merger is necessary, in which case the auditor shall return the petition, together with his or her certificate of sufficiency attached thereto, to the boards of the merging districts. Thereupon the boards of the respective districts shall adopt their concurrent resolutions of transfer in the same manner and to the same effect as if the same had been authorized by an election.
[ 2012 c 117 s 325; 1969 ex.s. c 78 s 11. Formerly RCW 68.18.110.]

catchline: Merger and transfer of part of one district to adjacent district—When election dispensed with.


title: RCW 68.54.120

text:
When a part of one cemetery district is transferred to another as provided by RCW 68.54.100 and 68.54.110, said part shall be relieved of all liability for any indebtedness of the district from which it is withdrawn. However, the acquiring district shall pay to the losing district that portion of the latter's indebtedness for which the transferred part was liable. This amount shall not exceed the proportion that the assessed valuation of the transferred part bears to the assessed valuation of the whole district from which said part is withdrawn. The adjustment of such indebtedness shall be based on the assessment for the year in which the transfer is made. The boards of commissioners of the districts involved in the said transfer and merger shall enter into a contract for the payment by the acquiring district of the above-referred to indebtedness under such terms as they deem proper, provided such contract shall not impair the security of existing creditors.
[ 1987 c 331 s 75; 1969 ex.s. c 78 s 12. Formerly RCW 68.18.120.]

catchline: Merger and transfer of part of one district to adjacent district—Preexisting indebtedness.


title: RCW 68.54.130

text:
(1) Territory within a cemetery district may be withdrawn from the district in the same manner provided by law for withdrawal of territory from water-sewer districts, as provided by chapter 57.28 RCW, except as provided otherwise in subsections (2) and (3) of this section.
(2) If a territory has qualified voters residing within it, then the territory may not be withdrawn from the cemetery district unless a special election is held and a majority of votes cast by qualified voters residing within the district approve the withdrawal. Agreement between the district board of commissioners and the county legislative authority on the findings of fact under RCW 57.28.080 does not preclude an election under this subsection.
(3) If a territory has no qualified voters residing within it, then no special election is required as applied to procedures for withdrawal of territory under this section. However, if withdrawal of such territory is commenced by the district board of commissioners as provided under RCW 57.28.035, then the territory may not be withdrawn from the cemetery district unless written approval is attained from the owners, according to the records of the county auditor or auditors, of not less than sixty percent of the area of land included in the resolution for withdrawal. The written approval must be attained within sixty days from the date of the final hearing of any county legislative authority on the resolution for withdrawal. Agreement between the district board of commissioners and the county legislative authority on the findings of fact under RCW 57.28.080 does not preclude the written approval requirement under this subsection.
[ 2019 c 42 s 1; 2017 c 62 s 1.]

catchline: Withdrawal of territory.


title: RCW 68.56.010

text:
Every person is guilty of a gross misdemeanor who unlawfully or without right wilfully does any of the following:
(1) Destroys, cuts, mutilates, effaces, or otherwise injures, tears down or removes, any tomb, plot, monument, memorial or marker in a cemetery, or any gate, door, fence, wall, post or railing, or any enclosure for the protection of a cemetery or any property in a cemetery.
(2) Destroys, cuts, breaks, removes or injures any building, statuary, ornamentation, tree, shrub, flower or plant within the limits of a cemetery.
(3) Disturbs, obstructs, detains or interferes with any person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a funeral service, or an interment.
[ 1943 c 247 s 36; Rem. Supp. 1943 s 3778-36. Cf. 1909 c 249 s 240 and 1856-57 p 28 ss 4, 5. Formerly RCW 68.48.010.]

catchline: Unlawful damage to graves, markers, shrubs, etc.—Interfering with funeral.


title: RCW 68.56.020

text:
Any person violating any provision of RCW 68.56.010 is liable, in a civil action by and in the name of the cemetery authority, to pay all damages occasioned by his or her unlawful acts. The sum recovered shall be applied in payment for the repair and restoration of the property injured or destroyed.
[ 2012 c 117 s 326; 1943 c 247 s 37; Rem. Supp. 1943 s 3778-37. Formerly RCW 68.48.020.]

catchline: Unlawful damage to graves, markers, shrubs, etc.—Civil liability for damage.


title: RCW 68.56.030

text:
The provisions of *RCW 68.48.010 do not apply to the removal or unavoidable breakage or injury, by a cemetery authority, of any thing placed in or upon any portion of its cemetery in violation of any of the rules or regulations of the cemetery authority, nor to the removal of anything placed in the cemetery by or with the consent of the cemetery authority which has become in a wrecked, unsightly or dilapidated condition.
[ 1943 c 247 s 37; Rem. Supp. 1943 s 3778-37. Formerly RCW 68.48.030.]
Notes:
*Reviser's note: RCW 68.48.010 was recodified as RCW 68.56.010 pursuant to 1987 c 331 s 89.

catchline: Unlawful damage to graves, markers, shrubs, etc.—Exceptions.


title: RCW 68.56.040

text:
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.
[ 2005 c 365 s 149; 2003 c 53 s 313; 1943 c 247 s 145; Rem. Supp. 1943 s 3778-145. Formerly RCW 68.48.040.]
Notes:
*Reviser's note: For "this act," see note following RCW 68.04.020.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Section applies to certain mausoleums, columbariums, etc.: RCW 68.28.010.

catchline: Nonconforming cemetery a nuisance—Penalty.


title: RCW 68.56.050

text:
Every person who violates any provision of *this act is guilty of a misdemeanor, and in addition is liable for all costs, expenses, and disbursements paid or incurred by a person prosecuting the case.
[ 1943 c 247 s 139; Rem. Supp. 1943 s 3778-139. Formerly RCW 68.48.060.]
Notes:
*Reviser's note: For "this act," see note following RCW 68.04.020.
Costs, etc., to be fixed by court having jurisdiction: RCW 68.28.065.
Section applies to certain mausoleums, columbariums, etc.: RCW 68.28.010.

catchline: Defendant liable for costs.


title: RCW 68.56.060

text:
The sexton, superintendent, or other person in charge of a cemetery, and such other persons as the cemetery authority designates have the authority of a police officer for the purpose of maintaining order, enforcing the rules and regulations of the cemetery association, the laws of the state, and the ordinances of the city or county, within the cemetery over which he or she has charge, and within such radius as may be necessary to protect the cemetery property.
[ 2012 c 117 s 327; 1943 c 247 s 55; Rem. Supp. 1943 s 3778-55. Formerly RCW 68.48.080.]

catchline: Police authority—Who may exercise.


title: RCW 68.56.070

text:
The office of any director or officer who acts or permits action contrary to *this act immediately thereupon becomes vacant.
[ 1943 c 247 s 132; Rem. Supp. 1943 s 3778-132. Formerly RCW 68.48.090.]
Notes:
*Reviser's note: For "this act," see note following RCW 68.04.020.

catchline: Forfeiture of office for inattention to duty.


title: RCW 68.60.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Abandoned cemetery" means a burial ground of the human dead:
(a) For which the county assessor can find no record of an owner;
(b) Where the last known owner is deceased and lawful conveyance of the title has not been made; or
(c) In which the cemetery company, cemetery association, corporation, or other organization that formed for the purposes of burying the human dead:
(i) Has disbanded, has been administratively dissolved by the secretary of state, or has otherwise ceased to exist, and for which title has not been conveyed; or
(ii) No longer has a valid certificate of authority as determined by the funeral and cemetery board.
(2) "Cemetery" has the same meaning as provided in RCW 68.04.040.
(3) "Historic grave" means a grave or graves that were placed outside a cemetery dedicated pursuant to this chapter and to chapter 68.24 RCW, prior to June 7, 1990, except Indian graves and burial cairns protected under chapter 27.44 RCW.
(4) "Historical cemetery" means any burial site or grounds which contain within them human remains buried prior to November 11, 1889; except that (a) cemeteries holding a valid certificate of authority to operate granted under RCW 68.05.115 and 68.05.215, (b) cemeteries owned or operated by any recognized religious denomination that qualifies for an exemption from real estate taxation under RCW 84.36.020 on any of its churches or the ground upon which any of its churches are or will be built, and (c) cemeteries controlled or operated by a coroner, county, city, town, or cemetery district shall not be considered historical cemeteries.
[ 2017 c 208 s 1; 1990 c 92 s 1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

catchline: Definitions.


title: RCW 68.60.020

text:
Any cemetery, abandoned cemetery, historical cemetery, or historic grave that has not been dedicated pursuant to RCW 68.24.030 and 68.24.040 shall be considered permanently dedicated and subject to RCW 68.24.070. Removal of dedication may only be made pursuant to RCW 68.24.090 and 68.24.100.
[ 1999 c 367 s 3; 1990 c 92 s 2.]

catchline: Dedication.


title: RCW 68.60.030

text:
(1)(a) The department of archaeology and historic preservation may grant, by nontransferable certificate, the authority to maintain and protect an abandoned cemetery upon application made by a state or local governmental organization, such as a city or county, or by a preservation organization that has been incorporated for the purpose of restoring, maintaining, and protecting an abandoned cemetery. Such authority is limited to the care, maintenance, restoration, protection, and historical preservation of the abandoned cemetery, and does not include authority to make burials. In order to activate a historical cemetery for burials, an applicant must apply for a certificate of authority to operate a cemetery from the funeral and cemetery board.
(b) Those organizations that are granted authority to maintain and protect an abandoned cemetery are entitled to hold and possess burial records, maps, and other historical documents as may exist. Organizations that are granted authority to maintain and protect an abandoned cemetery are not 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 are not 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 department of archaeology and historic preservation 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.
(2) Except as provided in subsection (1) of this section, the department of archaeology and historic preservation 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 may not include the right to be the permanent custodian of original records, maps, or documents. This authorization must 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 archaeology and historic preservation must 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.
[ 2019 c 129 s 2; 2009 c 102 s 21; 2005 c 365 s 150; 1995 c 399 s 168; 1993 c 67 s 1; 1990 c 92 s 3.]
Notes:
Effective date—2019 c 129: See note following RCW 68.60.080.
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.010.

catchline: Preservation and maintenance corporations—Authorization of other corporations to restore, maintain, and protect abandoned cemeteries.


title: RCW 68.60.040

text:
(1) Every person who in a cemetery unlawfully or without right willfully destroys, cuts, mutilates, effaces, or otherwise injures, tears down or removes, any tomb, plot, monument, memorial, or marker in a cemetery, or any gate, door, fence, wall, post, or railing, or any enclosure for the protection of a cemetery or any property in a cemetery is guilty of a class C felony punishable under chapter 9A.20 RCW.
(2) Every person who in a cemetery unlawfully or without right willfully destroys, cuts, breaks, removes, or injures any building, statuary, ornamentation, tree, shrub, flower, or plant within the limits of a cemetery is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(3) Every person who in a cemetery unlawfully or without right willfully opens a grave; removes personal effects of the decedent; removes all or portions of human remains; removes or damages caskets, surrounds, outer burial containers, or any other device used in making the original burial; transports unlawfully removed human remains from the cemetery; or knowingly receives unlawfully removed human remains from the cemetery is guilty of a class C felony punishable under chapter 9A.20 RCW.
[ 1990 c 92 s 4.]

catchline: Protection of cemeteries—Penalties.


title: RCW 68.60.050

text:
(1) Any person who knowingly removes, mutilates, defaces, injures, or destroys any historic grave shall be guilty of a class C felony punishable under chapter 9A.20 RCW. Persons disturbing historic graves through inadvertence, including disturbance through construction, shall reinter the human remains under the supervision of the department of archaeology and historic preservation. Expenses to reinter such human remains are to be provided by the department of archaeology and historic preservation to the extent that funds for this purpose are appropriated by the legislature.
(2) This section does not apply to actions taken in the performance of official law enforcement duties.
(3) It shall be a complete defense in a prosecution under subsection (1) of this section if the defendant can prove by a preponderance of evidence that the alleged acts were accidental or inadvertent and that reasonable efforts were made to preserve the remains accidentally disturbed or discovered, and that the accidental discovery or disturbance was properly reported.
[ 2009 c 102 s 22; 1999 c 67 s 1; 1989 c 44 s 5. Formerly RCW 68.05.420.]
Notes:
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.010.
Intent—1989 c 44: See RCW 27.44.030.
Liberal construction—1989 c 44: See RCW 27.44.901.

catchline: Protection of historic graves—Penalty.


title: RCW 68.60.055

text:
(1) Any person who discovers skeletal human remains shall notify the coroner and local law enforcement in the most expeditious manner possible. Any person knowing of the existence of skeletal human remains and not having good reason to believe that the coroner and local law enforcement has notice thereof and who fails to give notice thereof is guilty of a misdemeanor.
(2) Any person engaged in ground disturbing activity and who encounters or discovers skeletal human remains in or on the ground shall:
(a) Immediately cease any activity which may cause further disturbance;
(b) Make a reasonable effort to protect the area from further disturbance;
(c) Report the presence and location of the remains to the coroner and local law enforcement in the most expeditious manner possible; and
(d) Be held harmless from criminal and civil liability arising under the provisions of this section provided the following criteria are met:
(i) The finding of the remains was based on inadvertent discovery;
(ii) The requirements of the subsection are otherwise met; and
(iii) The person is otherwise in compliance with applicable law.
(3) The coroner must make a determination whether the skeletal human remains are forensic or nonforensic within five business days of receiving notification of a finding of such remains provided that there is sufficient evidence to make such a determination within that time period. The coroner will retain jurisdiction over forensic remains.
(a) Upon determination that the remains are nonforensic, the coroner must notify the department of archaeology and historic preservation within two business days. The department will have jurisdiction over such remains until provenance of the remains is established. A determination that remains are nonforensic does not create a presumption of removal or nonremoval.
(b) Upon receiving notice from a coroner of a finding of nonforensic skeletal human remains, the department must notify the appropriate local cemeteries, and all affected Indian tribes via certified mail to the head of the appropriate tribal government, and contact the appropriate tribal cultural resources staff within two business days of the finding. The determination of what are appropriate local cemeteries to be notified is at the discretion of the department. A notification to tribes of a finding of such nonforensic skeletal human remains does not create a presumption that the remains are Indian.
(c) The state physical anthropologist must make an initial determination of whether nonforensic skeletal human remains are Indian or non-Indian to the extent possible based on the remains within two business days of notification of a finding of such nonforensic remains. If the remains are determined to be Indian, the department must notify all affected Indian tribes via certified mail to the head of the appropriate tribal government within two business days and contact the appropriate tribal cultural resources staff.
(d) The affected tribes have five business days to respond via telephone or writing to the department as to their interest in the remains.
(4) For the purposes of this section:
(a) "Affected tribes" are:
(i) Those federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found;
(ii) Those federally recognized tribes that submit to the department maps that reflect the tribe's geographical area of cultural affiliation; and
(iii) Other tribes with historical and cultural affiliation in the jurisdiction where the remains were found.
(b) "Forensic remains" are those that come under the jurisdiction of the coroner pursuant to RCW 68.50.010.
(c) "Inadvertent discovery" has the same meaning as used in RCW 27.44.040.
(5) Nothing in this section constitutes, advocates, or otherwise grants, confers, or implies federal or state recognition of those tribes that are not federally recognized pursuant to 25 C.F.R. part 83, procedures for establishing that an American Indian group exists as an Indian tribe.
[ 2008 c 275 s 3.]
Notes:
Reporting requirements—2008 c 275: See note following RCW 68.50.645.

catchline: Skeletal human remains—Duty to notify—Ground disturbing activities—Coroner determination—Definitions.


title: RCW 68.60.060

text:
Any person who violates any provision of this chapter is liable in a civil action by and in the name of the department of archaeology and historic preservation 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.
[ 2009 c 102 s 23; 1990 c 92 s 5.]
Notes:
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.010.

catchline: Violations—Civil liability.


title: RCW 68.60.070

text:
(1)(a) The funeral and cemetery board must consult with the department of archaeology and historic preservation to promulgate rules in order to allow for burials in abandoned cemeteries.
(b) The landowner of an abandoned cemetery must allow for burials in accordance with rules promulgated by the funeral and cemetery board.
(2) Any records, maps, or other documents associated with an abandoned cemetery must be transferred to the state archives at the time the cemetery becomes an abandoned cemetery.
(3) Any endowment care funds held by the cemetery authority at the time such cemetery becomes an abandoned cemetery must be transferred to the department of archaeology and historic preservation.
[ 2017 c 208 s 2.]

catchline: Abandoned cemetery burials—Records—Endowment care funds.


title: RCW 68.60.080

text:
It is lawful to enter an abandoned cemetery for purposes of:
(1) Burials pursuant to RCW 68.60.070 and associated rules;
(2) Care and maintenance activities authorized under RCW 68.60.030; and
(3) Visitation of graves.
[ 2019 c 129 s 1.]
Notes:
Effective date—2019 c 129: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 24, 2019]." [ 2019 c 129 s 3.]

catchline: Abandoned cemetery—Lawful entry purposes.


title: RCW 68.64.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adult" means an individual who is at least 18 years old.
(2) "Agent" means an individual:
(a) Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or
(b) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.
(3) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education.
(4) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift.
(5) "Disinterested witness" means a witness other than the spouse or state registered domestic partner, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift. The term does not include a person to which an anatomical gift could pass under RCW 68.64.100.
(6) "Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry.
(7) "Donor" means an individual whose body or part is the subject of an anatomical gift.
(8) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.
(9) "Driver's license" means a license or permit issued by the department of licensing to operate a vehicle, whether or not conditions are attached to the license or permit.
(10) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.
(11) "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.
(12) "Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.
(13) "Identification card" means an identification card issued by the department of licensing.
(14) "Know" means to have actual knowledge.
(15) "Minor" means an individual who is less than 18 years old.
(16) "Organ procurement organization" means a person designated by the secretary of the United States department of health and human services as an organ procurement organization.
(17) "Parent" means a parent whose parental rights have not been terminated.
(18) "Part" means an organ, an eye, or tissue of a human being. The term does not include the whole body.
(19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(20) "Physician" means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathic medicine and surgery under the law of any state.
(21) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.
(22) "Prospective donor" means an individual whose death is imminent and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. "Prospective donor" does not include an individual who has made a refusal.
(23) "Reasonable costs" include: (a) Programming and software installation and upgrades; (b) employee training that is specific to the organ and tissue donor registry or the donation program created in RCW 46.16A.090(2); (c) literature that is specific to the organ and tissue donor registry or the donation program created in RCW 46.16A.090(2); and (d) hardware upgrades or other issues important to the organ and tissue donor registry or the donation program created in RCW 46.16A.090(2) that have been mutually agreed upon in advance by the department of licensing and the Washington state organ procurement organizations.
(24) "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.
(25) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.
(26) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(27) "Refusal" means a record created under RCW 68.64.060 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.
(28) "Sign" means, with the present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
(29) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(30) "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.
(31) "Time sensitive organ or tissue donor" means an organ being transported for human transplant or a tissue donor being transported for the purpose of recovery that is time sensitive but not an emergency.
(32) "Time urgent organ" means an organ being transported for human transplant that a member of the transplant team or a representative of the organ procurement organization declares an emergency.
(33) "Tissue" means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.
(34) "Tissue bank" means a person that is licensed to conduct business in this state, accredited, and regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.
(35) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.
(36) "Washington state organ procurement organization" means an organ procurement organization that has been designated by the United States department of health and human services to coordinate organ procurement activities for any portion of Washington state.
[ 2023 c 290 s 2; 2010 c 161 s 1156; 2008 c 139 s 2.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.