title: RCW 67.70.100

text:
(1) Except under subsection (2) of this section, no right of any person to a prize drawn is assignable, except that payment of any prize drawn may be paid to the estate of a deceased prize winner, and except that any person pursuant to an appropriate judicial order may be paid the prize to which the winner is entitled.
(2)(a) The payment of all or part of the remainder of an annuity may be assigned to another person, pursuant to a voluntary assignment of the right to receive future annual prize payments, if the assignment is made pursuant to an appropriate judicial order of the Thurston county superior court or the superior court of the county in which the prize winner resides, if the winner is a resident of Washington state. If the prize winner is not a resident of Washington state, the winner must seek an appropriate order from the Thurston county superior court.
(b) If there is a voluntary assignment under (a) of this subsection, a copy of the petition for an order under (a) of this subsection and all notices of any hearing in the matter shall be served on the attorney general no later than ten days before any hearing or entry of any order.
(c) The court receiving the petition may issue an order approving the assignment and directing the director to pay to the assignee the remainder or portion of an annuity so assigned upon finding that all of the following conditions have been met:
(i) The assignment has been memorialized in writing and executed by the assignor and is subject to Washington law;
(ii) The assignor provides a sworn declaration to the court attesting to the facts that the assignor has had the opportunity to be represented by independent legal counsel in connection with the assignment, has received independent financial and tax advice concerning the effects of the assignment, and is of sound mind and not acting under duress, and the court makes findings determining so;
(iii) The assignee has provided a one-page written disclosure statement that sets forth in boldface type, fourteen point or larger, the payments being assigned by amount and payment dates, the purchase price, or loan amount being paid; the interest rate or rate of discount to present value, assuming monthly compounding and funding on the contract date; and the amount, if any, of any origination or closing fees that will be charged to the lottery winner. The disclosure statement must also advise the winner that the winner should consult with and rely upon the advice of his or her own independent legal or financial advisors regarding the potential federal and state tax consequences of the transaction; and
(iv) The proposed assignment does not and will not include or cover payments or portions of payments subject to offsets pursuant to RCW 67.70.255 unless appropriate provision is made in the order to satisfy the obligations giving rise to the offset.
(d) The commission may intervene as of right in any proceeding under this section but shall not be deemed an indispensable or necessary party.
(3) The director will not pay the assignee an amount in excess of the annual payment entitled to the assignor.
(4) The commission may adopt rules pertaining to the assignment of prizes under this section, including recovery of actual costs incurred by the commission. The recovery of actual costs shall be deducted from the initial annuity payment made to the assignee.
(5) No voluntary assignment under this section is effective unless and until the national office of the federal internal revenue service provides a ruling that declares that the voluntary assignment of prizes will not affect the federal income tax treatment of prize winners who do not assign their prizes. If at any time the federal internal revenue service or a court of competent jurisdiction provides a determination letter, revenue ruling, other public ruling of the internal revenue service or published decision to any state lottery or state lottery prize winner declaring that the voluntary assignment of prizes will effect the federal income tax treatment of prize winners who do not assign their prizes, the director shall immediately file a copy of that letter, ruling, or published decision with the secretary of state. No further voluntary assignments may be allowed after the date the ruling, letter, or published decision is filed.
(6) The occurrence of any event described in subsection (5) of this section does not render invalid or ineffective assignments validly made and approved pursuant to an appropriate judicial order before the occurrence of any such event.
(7) The requirement for a disclosure statement in subsection (2)(c)(iii) of this section does not apply to any assignment agreement executed before April 21, 1997.
(8) The commission and the director shall be discharged of all further liability upon payment of a prize pursuant to this section.
[ 1997 c 111 s 1; 1996 c 228 s 2; 1982 2nd ex.s. c 7 s 10.]
Notes:
Effective date—1997 c 111: "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 21, 1997]." [ 1997 c 111 s 2.]
Intent—1996 c 228: "The Washington state lottery act under chapter 7, Laws of 1982 2nd ex. sess., provides, among other things, that the right of any person to a prize shall not be assignable, except to the estate of a deceased prize winner, or to a person designated pursuant to an appropriate judicial order. Current law and practices provide that those who win lotto jackpots are paid in annual installments over a period of twenty years. The legislature recognizes that some prize winners, particularly elderly persons, those seeking to acquire a small business, and others with unique needs, may not want to wait to be paid over the course of up to twenty years. It is the intent of the legislature to provide a restrictive means to accommodate those prize winners who wish to enjoy more of their winnings currently, without impacting the current fiscal structure of the Washington state lottery commission." [ 1996 c 228 s 1.]

catchline: Assignment of rights prohibited—Exceptions—Notices—Assignment of payment of remainder of an annuity—Intervention—Limitation on payment by director—Rules—Recovery of costs of commission—Federal ruling required—Discharge of liability.


doc_type: statute

jurisdiction: wa

title: RCW 67.70.110

text:
A person shall not sell a ticket or share at a price greater than that fixed by rule of the commission. No person other than a licensed lottery sales agent shall sell lottery tickets, except that nothing in this section prevents any person from giving lottery tickets or shares to another as a gift.
[ 1982 2nd ex.s. c 7 s 11.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Maximum price of ticket or share limited—Sale by other than licensed agent prohibited.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 67.70.120

text:
(1) A ticket or share shall not be sold to any person under the age of eighteen, but this shall not be deemed to prohibit the purchase of a ticket or share for the purpose of making a gift by a person eighteen years of age or older to a person less than that age.
(2) Any licensee who knowingly sells or offers to sell a lottery ticket or share to any person under the age of eighteen is guilty of a misdemeanor.
(3) In the event that a person under the age of eighteen years directly purchases a ticket in violation of this section, that person is guilty of a misdemeanor. No prize will be paid to such person and the prize money otherwise payable on the ticket will be treated as unclaimed pursuant to RCW 67.70.190.
[ 2003 c 53 s 303; 1987 c 511 s 6; 1982 2nd ex.s. c 7 s 12.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Sale to minor prohibited—Exception—Penalties.


title: RCW 67.70.125

text:
(1) Any licensee authorized under this chapter is prohibited from allowing the use of public assistance electronic benefit cards to purchase lottery tickets or shares authorized under this chapter.
(2) Any licensee authorized under this chapter shall report to the department of social and health services any known violations of RCW 74.08.580.
[ 2002 c 252 s 5.]

catchline: Use of public assistance electronic benefit cards prohibited—Licensee to report violations.


title: RCW 67.70.130

text:
(1) A person shall not alter or forge a lottery ticket. A person shall not claim a lottery prize or share of a lottery prize by means of fraud, deceit, or misrepresentation. A person shall not conspire, aid, abet, or agree to aid another person or persons to claim a lottery prize or share of a lottery prize by means of fraud, deceit, or misrepresentation.
(2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW.
[ 2003 c 53 s 304; 1982 2nd ex.s. c 7 s 13.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Prohibited acts—Penalty.


title: RCW 67.70.140

text:
(1) Any person who conducts any activity for which a license is required by this chapter, or by rule of the commission, without the required license, is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(2) If any corporation conducts any activity for which a license is required by this chapter, or by rule of the commission, without the required license, it may be punished by forfeiture of its corporate charter, in addition to the other penalties set forth in this section.
[ 2003 c 53 s 305; 1982 2nd ex.s. c 7 s 14.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Penalty for unlicensed activity.


title: RCW 67.70.150

text:
Whoever, in any application for a license or in any book or record required to be maintained or in any report required to be submitted, makes any false or misleading statement, or makes any false or misleading entry or wilfully fails to maintain or make any entry required to be maintained or made, or who wilfully refuses to produce for inspection any book, record, or document required to be maintained or made by federal or state law is guilty of a gross misdemeanor.
[ 1982 2nd ex.s. c 7 s 15.]

catchline: Penalty for false or misleading statement or entry or failure to produce documents.


title: RCW 67.70.160

text:
Any person who violates any provision of this chapter for which no penalty is otherwise provided, or knowingly causes, aids, abets, or conspires with another to cause any person to violate any provision of this chapter is guilty of a class C felony, except where other penalties are specifically provided for in this chapter.
[ 1982 2nd ex.s. c 7 s 16.]

catchline: Penalty for violation of chapter—Exceptions.


title: RCW 67.70.170

text:
Any person who violates any rule adopted pursuant to this chapter for which no penalty is otherwise provided, or knowingly causes, aids, abets, or conspires with another to cause any person to violate any rule adopted pursuant to this chapter is guilty of a gross misdemeanor, except where other penalties are specifically provided for in this chapter.
[ 1982 2nd ex.s. c 7 s 17.]

catchline: Penalty for violation of rules—Exceptions.


title: RCW 67.70.180

text:
A ticket or share shall not be purchased by, and a prize shall not be paid to any member of the commission, the director, or an employee of the lottery or to any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of abode of any member of the commission, the director or an employee of the lottery.
A violation of this section is a misdemeanor.
[ 1987 c 511 s 7; 1982 2nd ex.s. c 7 s 18.]

catchline: Persons prohibited from purchasing tickets or shares or receiving prizes—Penalty.


title: RCW 67.70.190

text:
Unclaimed prizes shall be retained in the state lottery account for the person entitled thereto for one hundred eighty days after the drawing in which the prize is won, or after the official end of the game for instant prizes. If no claim is made for the prize within this time, all rights to the prize shall be extinguished, and the prize shall be retained in the state lottery fund for further use as prizes, except that one-third of all unclaimed prize money shall be deposited in the economic development strategic reserve account created in RCW 43.330.250. On June 30th of each fiscal year, any balance of unclaimed prizes in excess of ten million dollars must be transferred to the Washington opportunity pathways account created in RCW 28B.76.526.
During the 2013-2015 fiscal biennium, the legislature may transfer to the education legacy trust account such amounts as reflect the excess fund balance in the state lottery account from unclaimed prizes.
[ 2015 3rd sp.s. c 31 s 1; 2013 2nd sp.s. c 4 s 987; 2009 c 564 s 949; 2005 c 427 s 2; 1994 c 218 s 5; 1988 c 289 s 802; 1987 c 511 s 8; 1982 2nd ex.s. c 7 s 19.]
Notes:
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Effective date—2009 c 564: See note following RCW 2.68.020.
Effective date—1994 c 218: See note following RCW 9.46.010.
Severability—1988 c 289: See note following RCW 50.16.070.

catchline: Unclaimed prizes.


title: RCW 67.70.200

text:
The director, in his or her discretion, may require any or all lottery sales agents to deposit to the credit of the state lottery account in banks designated by the state treasurer, all moneys received by such agents from the sale of lottery tickets or shares, less the amount, if any, retained as compensation for the sale of the tickets or shares, and to file with the director or his or her designated agents, reports of their receipts and transactions in the sale of lottery tickets in such form and containing such information as he or she may require. The director may make such arrangements for any person, including a bank, to perform such functions, activities, or services in connection with the operation of the lottery as he or she may deem advisable pursuant to this chapter and the rules of the commission, and such functions, activities, or services shall constitute lawful functions, activities, and services of such person.
[ 2012 c 117 s 309; 1987 c 511 s 9; 1982 2nd ex.s. c 7 s 20.]

catchline: Deposit of moneys received by agents from sales—Power of director—Reports.


title: RCW 67.70.210

text:
No other law, including chapter 9.46 RCW, providing any penalty or disability for the sale of lottery tickets or any acts done in connection with a lottery applies to the sale of tickets or shares performed pursuant to this chapter.
[ 1982 2nd ex.s. c 7 s 21.]

catchline: Other law inapplicable to sale of tickets or shares.


title: RCW 67.70.220

text:
If the person entitled to a prize is under the age of eighteen years, and such prize is less than five thousand dollars, the director may direct payment of the prize by delivery to an adult member of the minor's family or a guardian of the minor of a check or draft payable to the order of such minor. If the person entitled to a prize is under the age of eighteen years, and such prize is five thousand dollars or more, the director may direct payment to such minor by depositing the amount of the prize in any bank to the credit of an adult member of the minor's family or a guardian of the minor as custodian for such minor. The person so named as custodian shall have the same duties and powers as a person designated as a custodian in a manner prescribed by the Washington uniform transfers to minors act, chapter 11.114 RCW, and for the purposes of this section the terms "adult member of a minor's family," "guardian of a minor," and "bank" shall have the same meaning as in chapter 11.114 RCW. The commission and the director shall be discharged of all further liability upon payment of a prize to a minor pursuant to this section.
[ 1991 c 193 s 30; 1985 c 7 s 128; 1982 2nd ex.s. c 7 s 22.]
Notes:
Effective date—1991 c 193: See RCW 11.114.903.

catchline: Payment of prizes to minor.


title: RCW 67.70.230

text:
There is hereby created and established a separate account, to be known as the state lottery account. Such account shall be managed, maintained, and controlled by the commission and shall consist of all revenues received from the sale of lottery tickets or shares, and all other moneys credited or transferred thereto from any other fund or source pursuant to law. The account shall be a separate account outside the state treasury. No appropriation is required to permit expenditures and payment of obligations from the account. During the 2009-2011 fiscal biennium, the legislature may transfer from the state lottery account to the education legacy trust account such amounts as reflect the excess fund balance of the account.
[ 2010 1st sp.s. c 37 s 941; 1985 c 375 s 4; 1982 2nd ex.s. c 7 s 23.]
Notes:
Effective date—2010 1st sp.s. c 37: See note following RCW 13.06.050.

catchline: State lottery account created.


title: RCW 67.70.240

text:
(1) The moneys in the state lottery account may be used only:
(a) For the payment of prizes to the holders of winning lottery tickets or shares;
(b) For purposes of making deposits into the reserve account created by RCW 67.70.250 and into the lottery administrative account created by RCW 67.70.260;
(c) For purposes of making deposits into the Washington opportunity pathways account created in RCW 28B.76.526. Moneys in the state lottery account deposited in the Washington opportunity pathways account are included in "general state revenues" under RCW 39.42.070;
(d) For distribution to the stadium and exhibition center account, created in RCW 43.99N.060. Subject to the conditions of RCW 43.99N.070, six million dollars must be distributed under this subsection during the calendar year 1998. During subsequent years, such distribution must equal the prior year's distributions increased by four percent. No distribution may be made under this subsection after December 31, 1999, unless the conditions for issuance of the bonds under RCW 43.99N.020(2) are met. Distributions under this subsection must cease when the bonds are retired, but not later than December 31, 2020;
(e) For the purchase and promotion of lottery games and game-related services;
(f) For the payment of agent compensation; and
(g) For distribution to the gambling revolving fund, created in RCW 9.46.100, in amounts specified in the omnibus appropriations act. To meet the cash flow needs of both agencies, the director of the state lottery and the director of the Washington state gambling commission may determine the timing of the distribution, which may include incremental distributions over the course of the fiscal year.
(2) The office of financial management shall require the allotment of all expenses paid from the account and shall report to the ways and means committees of the senate and house of representatives any changes in the allotments.
[ 2015 3rd sp.s. c 31 s 2; 2013 c 136 s 1; 2011 c 352 s 3; 2010 1st sp.s. c 27 s 3. Prior: 2009 c 500 s 11; 2009 c 479 s 44; 2001 c 3 s 4 (Initiative Measure No. 728, approved November 7, 2000); 1997 c 220 s 206 (Referendum Bill No. 48, approved June 17, 1997); 1995 3rd sp.s. c 1 s 105; 1987 c 513 s 7; 1985 c 375 s 5; 1982 2nd ex.s. c 7 s 24.]
Notes:
Intent—2011 c 352: "In recognition of the extraordinary sacrifices made by the men and women serving in the United States armed forces, including Washington state's national guard and reserves, the legislature intends to authorize an ongoing source of funding to preserve the veterans innovations program. This important program provides assistance to military members and their families who face extreme financial hardships due to extended deployments." [ 2011 c 352 s 1.]
Findings—Intent—2010 1st sp.s. c 27: See note following RCW 28B.76.526.
Effective date—2009 c 500: See note following RCW 39.42.070.
Effective date—2009 c 479: See note following RCW 2.56.030.
Short title—2001 c 3 (Initiative Measure No. 728): "This act may be known and cited as the K-12 2000 student achievement act." [ 2001 c 3 s 1 (Initiative Measure No. 728, approved November 7, 2000).]
Purpose—Intent—2001 c 3 (Initiative Measure No. 728): "The citizens of Washington state expect and deserve great public schools for our generation of school children and for those who will follow. A quality public education system is crucial for our state's future economic success and prosperity, and for our children and their children to lead successful lives.
The purpose of this act is to improve public education and to achieve higher academic standards for all students through smaller class sizes and other improvements. A portion of the state's surplus general fund revenues is dedicated to this purpose.
In 1993, Washington state made a major commitment to improved public education by passing the Washington education reform act. This act established new, higher standards of academic achievement for all students. It also established new levels of accountability for students, teachers, schools, and school districts. However, the K-12 finance system has not been changed to respond to the new standards and individual student needs.
To make higher student achievement a reality, schools need the additional resources and flexibility to provide all students with more individualized quality instruction, more time, and the extra support that they may require. We need to ensure that curriculum, instruction methods, and assessments of student performance are aligned with the new standards and student needs. The current level of state funding does not provide adequate resources to support higher academic achievement for all students. In fact, inflation-adjusted per-student state funding has declined since the legislature adopted the 1993 education reform act.
The erosion of state funding for K-12 education is directly at odds with the state's "paramount duty to make ample provision for the education of all children...." Now is the time to invest some of our surplus state revenues in K-12 education and redirect state lottery funds to education, as was originally intended, so that we can fulfill the state's paramount duty.
Conditions and needs vary across Washington's two hundred ninety-six school districts. School boards accountable to their local communities should therefore have the flexibility to decide which of the following strategies will be most effective in increasing student performance and in helping students meet the state's new, higher academic standards:
(1) Major reductions in K-4 class size;
(2) Selected class size reductions in grades 5-12, such as small high school writing classes;
(3) Extended learning opportunities for students who need or want additional time in school;
(4) Investments in educators and their professional development;
(5) Early assistance for children who need prekindergarten support in order to be successful in school; and
(6) Providing improvements or additions to facilities to support class size reductions and extended learning opportunities.
REDUCING CLASS SIZE
Smaller classes in the early grades can significantly increase the amount of learning that takes place in the classroom. Washington state now ranks forty-eighth in the nation in its student-teacher ratio. This is unacceptable.
Significant class size reductions will provide our children with more individualized instruction and the attention they need and deserve and will reduce behavioral problems in classrooms. The state's long-term goal should be to reduce class size in grades K-4 to no more than eighteen students per teacher in a class.
The people recognize that class size reduction should be phased-in over several years. It should be accompanied by the necessary funds for school construction and modernization and for high quality, well-trained teachers.
EXTENDED LEARNING OPPORTUNITIES
Student achievement will also be increased if we expand learning opportunities beyond our traditional-length school day and year. In many school districts, educators and parents want a longer school day, a longer school year, and/or all-day kindergarten to help students improve their academic performance or explore new learning opportunities. In addition, special programs such as before-and-after-school tutoring will help struggling students catch and keep up with their classmates. Extended learning opportunities will be increasingly important as attainment of a certificate of mastery becomes a high school graduation requirement.
TEACHER QUALITY
Key to every student's academic success is a quality teacher in every classroom. Washington state's new standards for student achievement make teacher quality more important than ever. We are asking our teachers to teach more demanding curriculum in new ways, and we are holding our educators and schools to new, higher levels of accountability for student performance. Resources are needed to give teachers the content knowledge and skills to teach to higher standards and to give school leaders the skills to improve instruction and manage organizational change.
The ability of school districts throughout the state to attract and retain the highest quality teaching corps by offering competitive salaries and effective working conditions is an essential element of basic education. The state legislature is responsible for establishing teacher salaries. It is imperative that the legislature fund salary levels that ensure school districts' ability to recruit and retain the highest quality teachers.
EARLY ASSISTANCE
The importance of a child's intellectual development in the first five years has been established by widespread scientific research. This is especially true for children with disabilities and special needs. Providing assistance appropriate to children's developmental needs will enhance the academic achievement of these children in grades K-12. Early assistance will also lessen the need for more expensive remedial efforts in later years.
NO SUPPLANTING OF EXISTING EDUCATION FUNDS
It is the intent of the people that existing state funding for education, including all sources of such funding, shall not be reduced, supplanted, or otherwise adversely impacted by appropriations or expenditures from the *student achievement fund created in RCW 43.135.045 or the education construction fund.
INVESTING SURPLUS IN SCHOOLS UNTIL GOAL MET
It is the intent of the people to invest a portion of state surplus revenues in their schools. This investment should continue until the state's contribution to funding public education achieves a reasonable goal. The goal should reflect the state's paramount duty to make ample provision for the education of all children and our citizens' desire that all students receive a quality education. The people set a goal of per-student state funding for the maintenance and operation of K-12 education being equal to at least ninety percent of the national average per-student expenditure from all sources. When this goal is met, further deposits to the *student achievement fund shall be required only to the extent necessary to maintain the ninety-percent level." [ 2001 c 3 s 2 (Initiative Measure No. 728, approved November 7, 2000).]
*Reviser's note: The "student achievement fund" created in RCW 43.135.045 was deleted pursuant to 2009 c 479 s 37.
Construction—2001 c 3 (Initiative Measure No. 728): "The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act." [ 2001 c 3 s 11 (Initiative Measure No. 728, approved November 7, 2000).]
Effective dates—2001 c 3 (Initiative Measure No. 728): "This act takes effect January 1, 2001, except for section 4 of this act which takes effect July 1, 2001." [ 2001 c 3 s 13 (Initiative Measure No. 728, approved November 7, 2000).]
Referendum—Other legislation limited—Legislators' personal intent not indicated—Reimbursements for election—Voters' pamphlet, election requirements—1997 c 220: See RCW 36.102.800 through 36.102.803.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See notes following RCW 82.14.0485.
Effective date—Severability—1987 c 513: See notes following RCW 18.85.285.
State contribution for baseball stadium limited: RCW 82.14.0486.

catchline: Use of moneys in state lottery account limited.


title: RCW 67.70.241

text:
The person or entity responsible for operating a stadium and exhibition center as defined in RCW 36.102.010 shall promote the lottery with any combination of in-kind advertising, sponsorship, or prize promotions, valued at one million dollars annually beginning January 1998 and increased by four percent each year thereafter for the purpose of increasing lottery sales of games authorized under RCW 67.70.043. The content and value of the advertising sponsorship or prize promotions are subject to reasonable approval in advance by the lottery commission. The obligation of this section shall cease when the distributions under *RCW 67.70.240(5) end, but not later than December 31, 2020.
[ 1997 c 220 s 208 (Referendum Bill No. 48, approved June 17, 1997).]
Notes:
*Reviser's note: RCW 67.70.240 was amended by 2013 c 136 s 1, changing subsection (5) to subsection (1)(d).
Referendum—Other legislation limited—Legislators' personal intent not indicated—Reimbursements for election—Voters' pamphlet, election requirements—1997 c 220: See RCW 36.102.800 through 36.102.803.

catchline: Promotion of lottery by person or entity responsible for operating stadium and exhibition center—Commission approval—Cessation of obligation.


title: RCW 67.70.250

text:
If the director decides to pay any portion of or all of the prizes in the form of installments over a period of years, the director shall provide for the payment of all such installments for any specific lottery game by one, but not both, of the following methods:
(1) The director may enter into contracts with any financially responsible person or firm providing for the payment of such installments; or
(2) The director may establish and maintain a reserve account into which shall be placed sufficient moneys for the director to pay such installments as they become due. Such reserve account shall be maintained as a separate and independent fund outside the state treasury.
[ 1987 c 511 s 11; 1982 2nd ex.s. c 7 s 25.]

catchline: Methods for payment of prizes by installments.


title: RCW 67.70.255

text:
(1) Any state agency or political subdivision that maintains records of debts owed to the state or political subdivision, or that the state is authorized to enforce or collect, may submit data processing tapes containing debt information to the lottery in a format specified by the lottery. State agencies or political subdivisions submitting debt information tapes shall provide updates on a regular basis at intervals not to exceed one month and shall be solely responsible for the accuracy of the information contained therein.
(2) The lottery shall include the debt information submitted by state agencies or political subdivisions in its validation and prize payment process. The lottery shall delay payment of a prize exceeding six hundred dollars for a period not to exceed two working days, to any person owing a debt to a state agency or political subdivision pursuant to the information submitted in subsection (1) of this section. The lottery shall contact the state agency or political subdivision that provided the information to verify the debt. The prize shall be paid to the claimant if the debt is not verified by the submitting state agency or political subdivision within two working days. If the debt is verified, the prize shall be disbursed pursuant to subsection (3) of this section.
(3) Prior to disbursement, any lottery prize exceeding six hundred dollars shall be set off against any debts owed by the prize winner to a state agency or political subdivision, or that the state is authorized to enforce or collect.
[ 1986 c 83 s 2.]
Notes:
Policy—1986 c 83: "The award of prizes by the state lottery is one of many functions of the state government. As such, the lottery prizes should be subject to debts owed to the state or that the state is authorized to enforce or collect. This policy expedites collections of obligations through interagency cooperation." [ 1986 c 83 s 1.]
Effective date—1986 c 83: "This act shall take effect September 1, 1986." [ 1986 c 83 s 3.]

catchline: Debts owed to state agency or political subdivision—Debt information to lottery commission—Prize set off against debts.


title: RCW 67.70.260

text:
There is hereby created the lottery administrative account in the state treasury. The account shall be managed, controlled, and maintained by the director. The legislature may appropriate from the account for the payment of costs incurred in the operation and administration of the lottery. The lottery administrative account may also be used to fund an independent forecast of the lottery revenues conducted by the economic and revenue forecast council.
[ 2015 3rd sp.s. c 31 s 3; 2014 c 221 s 921; 2011 1st sp.s. c 50 s 962; 2002 c 371 s 919; 1985 c 375 s 6; 1982 2nd ex.s. c 7 s 26.]
Notes:
Effective date—2014 c 221: See note following RCW 28A.710.260.
Effective dates—2011 1st sp.s. c 50: See note following RCW 15.76.115.
Severability—Effective date—2002 c 371: See notes following RCW 9.46.100.

catchline: Lottery administrative account created.


title: RCW 67.70.270

text:
Each member of the commission shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for actual necessary traveling and other expenses in going to, attending, and returning from meetings of the commission and actual and necessary traveling and other expenses incurred in the discharge of such duties as may be requested by a majority vote of the commission or by the director.
[ 1984 c 287 s 101; 1982 2nd ex.s. c 7 s 27.]
Notes:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.

catchline: Members of commission—Compensation—Travel expenses.


title: RCW 67.70.280

text:
The provisions of the administrative procedure act, chapter 34.05 RCW, shall apply to administrative actions taken by the commission or the director pursuant to this chapter.
[ 1982 2nd ex.s. c 7 s 28.]

catchline: Application of administrative procedure act.


title: RCW 67.70.290

text:
The state auditor shall conduct an annual postaudit of all accounts and transactions of the lottery and such other special postaudits as he or she may be directed to conduct pursuant to chapter 43.09 RCW.
[ 2012 c 117 s 310; 1982 2nd ex.s. c 7 s 29.]

catchline: Postaudits by state auditor.


title: RCW 67.70.300

text:
The attorney general may investigate violations of this chapter, and of the criminal laws within this state, by the commission, the director, or the director's employees, licensees, or agents, in the manner prescribed for criminal investigations in RCW 43.10.090.
[ 1987 c 511 s 13; 1982 2nd ex.s. c 7 s 30.]

catchline: Investigations by attorney general authorized.


title: RCW 67.70.310

text:
The director of financial management may conduct a management review of the commission's lottery operations to assure that:
(1) The manner and time of payment of prizes to the holder of winning tickets or shares is consistent with this chapter and the rules adopted under this chapter;
(2) The apportionment of total revenues accruing from the sale of lottery tickets or shares and from all other sources is consistent with this chapter;
(3) The manner and type of lottery being conducted, and the expenses incidental thereto, are the most efficient and cost-effective; and
(4) The commission is not unnecessarily incurring operating and administrative costs.
In conducting a management review, the director of financial management may inspect the books, documents, and records of the commission. Upon completion of a management review, all irregularities shall be reported to the attorney general, the joint legislative audit and review committee, and the state auditor. The director of financial management shall make such recommendations as may be necessary for the most efficient and cost-effective operation of the lottery.
[ 1996 c 288 s 50; 1982 2nd ex.s. c 7 s 31.]

catchline: Management review by director of financial management.


title: RCW 67.70.320

text:
The director of financial management shall select a certified public accountant to verify that:
(1) The manner of selecting the winning tickets or shares is consistent with this chapter; and
(2) The manner and time of payment of prizes to the holder of winning tickets or shares is consistent with this chapter. The cost of these services shall be paid from moneys placed within the lottery administrative account created in RCW 67.70.260.
[ 1987 c 511 s 14; 1982 2nd ex.s. c 7 s 32.]

catchline: Verification by certified public accountant.


title: RCW 67.70.330

text:
The director shall have the power to enforce this chapter and the penal laws of this state relating to the conduct of or participation in lottery activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. The director, the deputy director, assistant directors, and each of the director's investigators, enforcement officers, and inspectors shall have the power to enforce this chapter and the penal laws of this state relating to the conduct of or participation in lottery activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. They shall have the power and authority to apply for and execute all warrants and serve process of law issued by the courts in enforcing the penal provisions of this chapter and the penal laws of this state relating to the conduct of or participation in lottery activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. They shall have the power to arrest without a warrant, any person or persons found in the act of violating any of the penal provisions of this chapter and the penal laws of this state relating to the conduct of or participation in lottery activities and the manufacturing, importation, transportation, distribution, possession, and sale of equipment or paraphernalia used or for use in connection therewith. To the extent set forth in this section, the office of the director shall be a law enforcement agency of this state with the power to investigate for violations of and to enforce the provisions of this chapter and to obtain information from and provide information to all other law enforcement agencies.
[ 1987 c 511 s 15; 1982 2nd ex.s. c 7 s 33.]

catchline: Enforcement powers of director—Office of the director designated law enforcement agency.


title: RCW 67.70.340

text:
(1) The legislature recognizes that creating a shared game lottery could result in less revenue being raised by the existing state lottery ticket sales. The legislature further recognizes that the fund most impacted by this potential event is the Washington opportunity pathways account. Therefore, it is the intent of the legislature to use some of the proceeds from the shared game lottery to make up the difference that the potential state lottery revenue loss would have on the Washington opportunity pathways account. The legislature further intends to use some of the proceeds from the shared game lottery to fund programs and services related to problem gambling and gambling disorder.
(2) The Washington opportunity pathways account is expected to receive $102,000,000 annually from state lottery games other than the shared game lottery. For fiscal year 2011 and thereafter, if the amount of lottery revenues earmarked for the Washington opportunity pathways account is less than $102,000,000, the commission, after making the transfer required under subsection (3) of this section, must transfer sufficient moneys from revenues derived from the shared game lottery into the Washington opportunity pathways account to bring the total revenue up to $102,000,000.
(3)(a) The commission shall transfer, from revenue derived from the shared game lottery, to the problem gambling account created in RCW 41.05.751, an amount equal to the percentage specified in (b) of this subsection of net receipts. For purposes of this subsection, "net receipts" means the difference between (i) revenue received from the sale of lottery tickets or shares and revenue received from the sale of shared game lottery tickets or shares; and (ii) the sum of payments made to winners.
(b) In fiscal year 2024, the percentage to be transferred to the problem gambling account is 0.20 percent. In fiscal year 2025 and subsequent fiscal years, the percentage to be transferred to the problem gambling account is 0.26 percent.
(4) The commission shall transfer the remaining net revenues, if any, derived from the shared game lottery "Powerball" authorized in RCW 67.70.044(1) after the transfers pursuant to this section into the state general fund for support for the program of basic education under RCW 28A.150.200.
(5) The remaining net revenues, if any, in the shared game lottery account after the transfers pursuant to this section shall be deposited into the Washington opportunity pathways account.
[ 2023 c 284 s 3; 2012 1st sp.s. c 10 s 6; 2010 1st sp.s. c 27 s 4. Prior: 2009 c 576 s 2; 2009 c 479 s 45; 2005 c 369 s 4; 2002 c 349 s 3.]
Notes:
Findings—Intent—Effective date—2023 c 284: See notes following RCW 41.05.750.
Purpose—Construction—2012 1st sp.s. c 10: See note following RCW 84.52.0531.
Findings—Intent—2010 1st sp.s. c 27: See note following RCW 28B.76.526.
Effective date—2009 c 479: See note following RCW 2.56.030.
Findings—Intent—Severability—Effective date—2005 c 369: See notes following RCW 41.05.750.

catchline: Transfer of shared game lottery proceeds.


title: RCW 67.70.360

text:
In consultation with independent experts and in collaboration with the *higher education coordinating board, the state lottery commission shall upon July 13, 2010, develop and begin implementation of a strategy and plan for actively marketing the state lottery as an essential contributor to Washington's opportunity pathways. The commission shall report to the economic development, higher education, and commerce committees of the legislature on the key messages, components, performance objectives, and anticipated revenue impacts of the strategy by September 1, 2010, and by December 1, 2010.
[ 2010 1st sp.s. c 27 s 6.]
Notes:
*Reviser's note: The higher education coordinating board was abolished by 2011 1st sp.s. c 11 s 301, effective July 1, 2012.
Findings—Intent—2010 1st sp.s. c 27: See note following RCW 28B.76.526.

catchline: Marketing lottery as contributor to opportunity pathways—Strategy and implementation.


title: RCW 67.70.902

text:
This act shall be liberally construed to carry out the purposes and policies of the act.
[ 1982 2nd ex.s. c 7 s 35.]

catchline: Construction—1982 2nd ex.s. c 7.


title: RCW 67.70.905

text:
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions and shall take effect March 1, 1985.
[ 1985 c 375 s 10.]
Notes:
Reviser's note: 1985 c 375 was signed by the governor May 20, 1985.

catchline: Effective date—1985 c 375.


title: RCW 67.70.906

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 147.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 68.04.005

text:
The definitions in this chapter apply throughout this title unless the context clearly requires otherwise.
[ 2019 c 432 s 1.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: Application.


title: RCW 68.04.020

text:
"Human remains" or "remains" means the body of a deceased person, including remains following the process of cremation, alkaline hydrolysis, or natural organic reduction. This also includes the body in any stage of decomposition.
[ 2019 c 432 s 2; 2005 c 365 s 27; 1977 c 47 s 1; 1943 c 247 s 2; Rem. Supp. 1943 s 3778-2.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.
Short title—1943 c 247: "This act shall be known as the 'General Cemetery Act.'" [ 1943 c 247 s 1.]
Severability—1943 c 247: "If any section, subdivision, sentence or clause of this act shall be held invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this act." [ 1943 c 247 s 147.]
The annotations apply to 1943 c 247, the general cemetery act, which was codified as RCW 68.04.020 through 68.04.240, 68.08.010 through 68.08.030, 68.08.120 through 68.08.220, 68.08.240, 68.20.010 through 68.20.100, 68.24.010 through 68.24.180, 68.28.010 through 68.28.070, 68.32.010 through 68.32.170, 68.36.010 through 68.36.100, 68.40.010 through 68.40.090, 68.44.010 through 68.44.170, and 68.48.040 through 68.48.090.

catchline: "Human remains," "remains."


title: RCW 68.04.030

text:
"Cremated human remains" means the end products of cremation.
[ 2005 c 365 s 28; 1977 c 47 s 2; 1943 c 247 s 3; Rem. Supp. 1943 s 3778-3.]

catchline: "Cremated human remains."


title: RCW 68.04.040

text:
"Cemetery" means: (1) Any one, or a combination of more than one, of the following, in a place used, or intended to be used for the placement of human remains and dedicated, for cemetery purposes:
(a) A burial park, for earth interments.
(b) A mausoleum, for crypt interments.
(c) A columbarium, for permanent niche interments; or
(2) For the purposes of chapter 68.60 RCW only, "cemetery" means any burial site, burial grounds, or place where five or more human remains are buried. Unless a cemetery is designated as a parcel of land identifiable and unique as a cemetery within the records of the county assessor, a cemetery's boundaries shall be a minimum of ten feet in any direction from any burials therein.
[ 2005 c 365 s 29; 1990 c 92 s 7; 1979 c 21 s 1; 1943 c 247 s 4; Rem. Supp. s 3778-4.]


title: RCW 68.04.050

text:
"Burial park" means a tract of land for the burial of human remains in the ground, used or intended to be used, and dedicated, for cemetery purposes.
[ 1943 c 247 s 5; Rem. Supp. 1943 s 3778-5.]

catchline: "Burial park."


title: RCW 68.04.060

text:
"Mausoleum" means a structure or building for the entombment of human remains in crypts (1) in a place used, or intended to be used, and dedicated, for cemetery purposes, or (2) on a family burial ground established pursuant to chapter 68.74 RCW.
[ 2026 c 173 s 10; 1979 c 21 s 2; 1943 c 247 s 6; Rem. Supp. 1943 s 3778-6.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.


title: RCW 68.04.070

text:
"Crematory" means a building or area of a building that houses one or more cremation chambers, to be used for the cremation of human remains.
[ 2005 c 365 s 30; 1943 c 247 s 7; Rem. Supp. 1943 s 3778-7.]


title: RCW 68.04.080

text:
"Columbarium" means a structure, room, or other space in a building or structure containing niches for permanent placement of human remains (1) in a place used, or intended to be used, and dedicated, for cemetery purposes, or (2) on a family burial ground established pursuant to chapter 68.74 RCW.
[ 2026 c 173 s 11; 2019 c 432 s 5; 2005 c 365 s 31; 1943 c 247 s 8; Rem. Supp. 1943 s 3778-8.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.
Effective date—2019 c 432: See note following RCW 68.05.175.


title: RCW 68.04.100

text:
"Interment" means the placement of human remains in a cemetery or family burial ground.
[ 2026 c 173 s 12; 2005 c 365 s 32; 1943 c 247 s 10; Rem. Supp. 1943 s 3778-10.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.


title: RCW 68.04.110

text:
"Cremation" means the reduction of human remains to bone fragments in a crematory by means of incineration.
[ 2005 c 365 s 33; 1987 c 331 s 1; 1977 c 47 s 3; 1943 c 247 s 11; Rem. Supp. 1943 s 3778-11.]
Notes:
Effective date—1987 c 331: See RCW 68.05.900.


title: RCW 68.04.120

text:
"Inurnment" means placing human remains in a cemetery.
[ 2019 c 432 s 6; 2005 c 365 s 34; 1943 c 247 s 12; Rem. Supp. 1943 s 3778-12.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.


title: RCW 68.04.130

text:
"Entombment" means the placement of human remains in a crypt.
[ 2005 c 365 s 35; 1943 c 247 s 13; Rem. Supp. 1943 s 3778-13.]


title: RCW 68.04.140

text:
"Burial" means the placement of human remains in a grave.
[ 1943 c 247 s 14; Rem. Supp. 1943 s 3778-14.]


title: RCW 68.04.150

text:
"Grave" means a space of ground in a burial park, used or intended to be used, for burial.
[ 1943 c 247 s 15; Rem. Supp. 1943 s 3778-15.]


title: RCW 68.04.160

text:
"Crypt" means a space in a mausoleum for the placement of human remains.
[ 2005 c 365 s 36; 1979 c 21 s 3; 1943 c 247 s 16; Rem. Supp. 1943 s 3778-16.]


title: RCW 68.04.165

text:
"Outer burial container" means any container which is buried in the ground for the placement of human remains in the burial process. Outer burial containers include, but are not limited to vaults, lawn crypts, and liners.
[ 2005 c 365 s 37; 1979 c 21 s 4.]

catchline: "Outer burial container."


title: RCW 68.04.170

text:
"Niche" means a space in a columbarium for placement of human remains.
[ 2019 c 432 s 9; 2005 c 365 s 38; 1943 c 247 s 17; Rem. Supp. 1943 s 3778-17.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.


title: RCW 68.04.190

text:
"Cemetery authority" means an entity that has obtained a certificate of authority to operate a cemetery from the funeral and cemetery board, or any other entity that operates a cemetery that is not under the jurisdiction of the funeral and cemetery board.
[ 2009 c 102 s 6; 2005 c 365 s 39; 1943 c 247 s 19; Rem. Supp. 1943 s 3778-19.]
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: "Cemetery authority."


title: RCW 68.04.210

text:
"Cemetery business" includes establishing, maintaining, operating, and improving a cemetery for the placement of human remains, and the care and preservation of the cemetery property.
[ 2005 c 365 s 40; 1943 c 247 s 21; Rem. Supp. 1943 s 3778-21.]

catchline: "Cemetery business."


title: RCW 68.04.230

text:
"Lot" or "plot" means space in a cemetery, used or intended to be used for the interment of human remains.
[ 2005 c 365 s 41; 1943 c 247 s 23; Rem. Supp. 1943 s 3778-23.]

catchline: "Lot" or "plot."


title: RCW 68.04.240

text:
"Owner of interment rights" means any person who is listed as the owner of record of a right or rights of interment in the office of a cemetery authority.
[ 2005 c 365 s 45; 1943 c 247 s 24; Rem. Supp. 1943 s 3778-24.]

catchline: "Owner of interment rights."


title: RCW 68.04.250

text:
"Interment right" means the right to inter human remains in a particular space in a cemetery.
[ 2005 c 365 s 42.]

catchline: "Interment right."


title: RCW 68.04.260

text:
"Scattering garden" means a designated area in a cemetery for the scattering of human remains.
[ 2019 c 432 s 10; 2005 c 365 s 43.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: "Scattering garden."


title: RCW 68.04.270

text:
"Scattering" means the removal of human remains from their container for the purpose of scattering the remains in any lawful manner.
[ 2019 c 432 s 11; 2005 c 365 s 44.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.


title: RCW 68.04.280

text:
"Multiple interment" means two or more human remains are buried in the ground, in outer burial enclosures or chambers, placed one on top of another, with a ground level surface the same size as a single grave or right of interment.
[ 2005 c 359 s 1.]

catchline: "Multiple interment."


title: RCW 68.04.290

text:
"Alkaline hydrolysis" or "hydrolysis" means the reduction of human remains to bone fragments and essential elements in a licensed hydrolysis facility using heat, pressure, water, and base chemical agents.
[ 2019 c 432 s 3.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: "Alkaline hydrolysis" or "hydrolysis."


title: RCW 68.04.300

text:
"Hydrolysis facility" means a structure, room, or other space in a building or structure containing one or more hydrolysis vessels, to be used for alkaline hydrolysis.
[ 2019 c 432 s 4.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: "Hydrolysis facility."


title: RCW 68.04.310

text:
"Natural organic reduction" means the contained, accelerated conversion of human remains to soil.
[ 2019 c 432 s 7.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: "Natural organic reduction."


title: RCW 68.04.320

text:
"Natural organic reduction facility" means a structure, room, or other space in a building or real property where natural organic reduction of a human body occurs.
[ 2019 c 432 s 8.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: "Natural organic reduction facility."


title: RCW 68.04.330

text:
"Family burial ground" means an area of privately owned land that is designated pursuant to chapter 68.74 RCW for the interment of human remains, and in which interments may be, but are not required to be, restricted to a group of persons who are related to each other by birth, marriage, or adoption. "Family burial ground" includes any mausoleums or columbaria constructed on a family burial ground.
[ 2026 c 173 s 13.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.

catchline: "Family burial ground."


title: RCW 68.04.900

text:
For the purposes of this title, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 148.]

catchline: Construction—Title applicable to state registered domestic partnerships—2009 c 521.


title: RCW 68.05.010

text:
The definitions in chapter 68.04 RCW are applicable to this chapter and govern the meaning of terms used in this chapter, except as otherwise provided.
[ 2005 c 365 s 46; 1953 c 290 s 26.]
Notes:
Short title—1953 c 290: "This act shall be known as 'The Cemetery Act.'" [ 1953 c 290 s 55.]

catchline: Definitions.


title: RCW 68.05.020

text:
The term "board" used in this chapter means the funeral and cemetery board.
[ 2009 c 102 s 7; 1953 c 290 s 27.]
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: "Board" defined.


title: RCW 68.05.024

text:
"Department" used in this chapter means the department of licensing.
[ 1987 c 331 s 2.]

catchline: "Department" defined.


title: RCW 68.05.028

text:
"Director" used in this chapter means the director of licensing.
[ 1987 c 331 s 3.]

catchline: "Director" defined.


title: RCW 68.05.030

text:
The terms "endowment care" or "endowed care" used in this chapter shall include special care funds and all funds held for or represented as maintenance funds.
[ 2005 c 365 s 47; 1987 c 331 s 4; 1953 c 290 s 28.]

catchline: "Endowment care," "endowed care" defined.


title: RCW 68.05.090

text:
The board shall enforce and administer the provisions of chapters 68.04 through 68.50 RCW, subject to provisions of RCW 68.05.400. The board may adopt and amend bylaws establishing its organization and method of operation. The board may refer such evidence as may be available concerning violations of chapters 68.04 through 68.50 RCW to the attorney general or the proper prosecuting attorney, who may in his or her discretion, with or without such a reference, in addition to any other action the board might commence, bring an action against any person to restrain or prevent the doing of any act or practice prohibited or declared unlawful in chapters 68.04 through 68.50 RCW and shall have standing to seek enforcement of said provisions in the superior court of the state of Washington for the county in which the principal office of the cemetery authority is located.
[ 2005 c 365 s 51; 1987 c 331 s 7; 1979 c 21 s 6; 1953 c 290 s 39.]

catchline: Administration and enforcement of title.


title: RCW 68.05.095

text:
The director, in consultation with the board, may employ and prescribe the duties of the program administrator or manager. The program administrator or manager must have a minimum of five years' experience in either cemetery or funeral management, or both, unless this requirement is waived by the board.
[ 2009 c 102 s 8; 1987 c 331 s 8; 1953 c 290 s 34. Formerly RCW 68.05.070.]
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: Program administrator or manager.


title: RCW 68.05.100

text:
The board may establish necessary rules for the enforcement of this title and the laws subject to its jurisdiction. The board shall prescribe the application forms and reports provided for in this title.
[ 2009 c 102 s 9; 2005 c 365 s 52; 1993 c 43 s 3; 1987 c 331 s 9; 1985 c 402 s 8; 1953 c 290 s 36.]
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.
Effective date of 1993 c 43—1993 sp.s. c 24: See note following RCW 18.39.290.
Legislative finding—1985 c 402: See note following RCW 68.50.185.

catchline: Rules.


title: RCW 68.05.105

text:
In addition to the authority in RCW 18.235.030, the board has the following authority under this chapter:
(1) To adopt, amend, and rescind rules necessary to carry out this title; and
(2) To adopt standards of professional conduct or practice.
[ 2009 c 102 s 10; 2005 c 365 s 53; 2002 c 86 s 316; 1987 c 331 s 10.]
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.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Authority of the board.


title: RCW 68.05.115

text:
Prior to the sale or transfer of ownership or control of any cemetery authority or the creation of a new cemetery, any person or entity desiring to acquire such ownership or control or to create a new cemetery shall apply in writing to the board for a new certificate of authority to operate a cemetery. The board shall enter any order deemed necessary for the protection of all endowment care funds and/or prearrangement trust fund during such transfer. As a condition of applying for a new certificate of authority, the entity desiring to acquire such ownership or control must agree to be bound by all then existing prearrangement contracts. Persons and business entities selling and persons and business entities purchasing ownership or control of a cemetery authority shall each verify and attest to an endowment care fund report and/or a prearrangement trust fund report showing the status of such funds on the date of the sale on a written report form prescribed by the board. Such reports shall be considered part of the application for authority to operate. Failure to comply with this section shall be a gross misdemeanor and any sale or transfer in violation of this section shall be void.
[ 2005 c 365 s 54; 1987 c 331 s 11; 1979 c 21 s 11; 1973 1st ex.s. c 68 s 17; 1969 ex.s. c 99 s 5. Formerly RCW 68.05.255.]

catchline: Sale or transfer of cemetery authority or creation of a new cemetery—Penalty for noncompliance.


title: RCW 68.05.120

text:
The board is authorized to bring actions to enforce the provisions of the law subject to its jurisdiction, in which actions it shall be represented by the attorney general.
[ 1953 c 290 s 38.]

catchline: Actions to enforce law—Attorney general.


title: RCW 68.05.150

text:
In making such examination the board:
(1) Shall have free access to the books and records relating to the endowment care funds and prearrangement trust funds;
(2) Shall inspect and examine the endowment care funds and prearrangement trust funds to determine their condition and the status of the investments; and
(3) Shall verify that the cemetery authority has complied with all the laws applicable to endowment care funds and prearrangement trust funds.
[ 2005 c 365 s 55; 1979 c 21 s 8; 1973 1st ex.s. c 68 s 14; 1953 c 290 s 44.]

catchline: Examination of funds—Powers, duties.


title: RCW 68.05.155

text:
To enter into prearrangement contracts as defined in RCW 68.46.010, a cemetery authority shall have a valid prearrangement sales license. To apply for a prearrangement sales license, a cemetery authority shall:
(1) File with the board its request showing:
(a) Its name, location, and organization date;
(b) The kinds of cemetery business or merchandise it proposes to transact;
(c) A statement of its current financial condition, management, and affairs on a form satisfactory to or furnished by the board; and
(d) Such other documents, stipulations, or information as the board may reasonably require to evidence compliance with the provisions of this chapter; and
(2) Deposit with the department the fees required by this chapter to be paid for filing the accompanying documents, and for the prearrangement sales license, if granted.
[ 1987 c 331 s 12; 1979 c 21 s 28. Formerly RCW 68.46.140.]

catchline: Prearrangement sales license.


title: RCW 68.05.160

text:
If any examination made by the board, or any report filed with it, shows that there has not been collected and deposited in the endowment care funds the minimum amounts required by this title, or if the board finds that the cemetery authority has failed to comply with the requirements of this chapter and chapter 68.46 RCW with respect to prearrangement contracts, merchandise, or services, unconstructed crypts or niches or undeveloped graves, or prearrangement trust funds, the board shall require such cemetery authority to comply with this chapter or with chapter 68.40 or 68.46 RCW, as the case may be.
[ 1979 c 21 s 9; 1973 1st ex.s. c 68 s 15; 1953 c 290 s 45.]

catchline: Action required when authority fails to deposit minimum endowment amount or comply with prearrangement contract provisions.


title: RCW 68.05.170

text:
(1) Whenever the board finds, after notice and hearing, that any endowment care funds have been invested in violation of this title, it may by written order mailed to the person or body in charge of the fund require the reinvestment of the funds in conformity with this title within the period specified by it which shall be not more than six months. Such period may be extended by the board in its discretion.
(2) The board may bring actions for the preservation and protection of endowment care funds in the superior court of the county in which the cemetery is located. The court shall appoint substitute trustees and make any other order which may be necessary for the preservation, protection, and recovery of endowment care funds, whenever a cemetery authority or the trustees of its fund have:
(a) Transferred or attempted to transfer any property to, or made any loan from, the endowment care funds for the benefit of the cemetery authority or any director, officer, agent or employee of the cemetery authority or trustee of any endowment care funds; or,
(b) Failed to reinvest endowment care funds in accordance with a board order issued under subsection (1) of this section; or,
(c) Invested endowment care funds in violation of this title; or,
(d) Taken action or failed to take action to preserve and protect the endowment care funds; or,
(e) Become financially irresponsible or transferred control of the cemetery authority to any person who, or business entity which, is financially irresponsible; or,
(f) Is in danger of becoming insolvent or has gone into bankruptcy or receivership; or,
(g) Taken any action in violation of Title 68 RCW or failed to take action required by Title 68 RCW or has failed to comply with lawful rules and orders of the board.
(3) Whenever the board or its representative has reason to believe that endowment care funds or prearrangement trust funds are in danger of being lost or diminished during the time required for notice and hearing, it may immediately impound or seize documents, financial instruments, or other trust fund assets, or take other actions deemed necessary under the circumstances for the preservation and protection of endowment care funds or prearrangement trust funds, including, but not limited to, immediate substitutions of trustees.
[ 2005 c 365 s 56; 2002 c 86 s 317; 1987 c 331 s 23; 1969 ex.s. c 99 s 1; 1953 c 290 s 46.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Order requiring reinvestment in compliance with title—Actions for preservation and protection.


title: RCW 68.05.173

text:
Upon violation of any of the provisions of this title, the board may revoke or suspend the certificate of authority or any other license issued by the board.
[ 2005 c 365 s 57; 1987 c 331 s 24; 1953 c 290 s 49. Formerly RCW 68.05.250.]

catchline: Revocation, suspension of certificate or license.


title: RCW 68.05.175

text:
A license or endorsement issued under chapter 18.39 RCW is required in order to operate a crematory or conduct a cremation, operate or conduct alkaline hydrolysis, operate or conduct natural organic reduction, or operate a natural organic reduction facility.
[ 2019 c 432 s 12; 2009 c 102 s 11; 1987 c 331 s 13; 1985 c 402 s 4. Formerly RCW 68.05.257.]
Notes:
Effective date—2019 c 432: "This act takes effect May 1, 2020." [ 2019 c 432 s 40.]
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: License or endorsement required for cremation, alkaline hydrolysis, and natural organic reduction.


title: RCW 68.05.180

text:
Each cemetery authority in charge of cemetery endowment care funds shall annually, and within ninety days after the end of the calendar or fiscal year of the cemetery authority, file with the board a written report in form and content prescribed by the board.
These reports shall be verified by the president or vice president, one other officer of the cemetery authority, the accountant or auditor preparing the same, and, if required by the board for good cause, a certified public accountant in accordance with generally accepted auditing standards.
[ 1979 c 21 s 10; 1977 ex.s. c 351 s 3; 1973 1st ex.s. c 68 s 16; 1953 c 290 s 40.]
Notes:
Severability—1977 ex.s. c 351: "If any provision of this 1977 amendatory 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." [ 1977 ex.s. c 351 s 7.]

catchline: Annual report of authority—Contents—Verification.


title: RCW 68.05.190

text:
The board shall examine the reports filed with it as to their compliance with the requirements of the law.
[ 1953 c 290 s 41.]

catchline: Examination of reports.


title: RCW 68.05.195

text:
Any person other than persons defined in RCW 68.50.160 who buries or scatters human remains by land, air, or sea or performs any other disposition of human remains outside of a cemetery must have a permit issued in accordance with RCW 68.05.100 and are subject to that section.
[ 2019 c 432 s 13; 2005 c 365 s 58; 1987 c 331 s 15.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: Burial or scatter of human remains—Permit.


title: RCW 68.05.205

text:
The director with the consent of the board must set all fees for chapters 18.39, 68.05, 68.20, 68.24, 68.28, 68.32, 68.36, 68.40, 68.44, and 68.46 RCW in accordance with RCW 43.24.086, including fees for licenses, certificates, regulatory charges, permits, or endorsements, and the department must collect the fees.
[ 2019 c 432 s 14; 2009 c 102 s 12; 1993 c 43 s 4; 1987 c 331 s 16; 1983 1st ex.s. c 5 s 1; 1977 ex.s. c 351 s 4; 1969 ex.s. c 99 s 4; 1953 c 290 s 51. Formerly RCW 68.05.230.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.
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.
Effective date of 1993 c 43—1993 sp.s. c 24: See note following RCW 18.39.290.
Severability—1983 1st ex.s. c 5: "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." [ 1983 1st ex.s. c 5 s 3.]
Severability—1977 ex.s. c 351: See note following RCW 68.05.180.

catchline: Fees.


title: RCW 68.05.210

text:
The board may require such proof as it deems advisable concerning the compliance by such applicant to all the laws, rules, regulations, ordinances and orders applicable to it. The board shall also require proof that the applicant and its officers and directors are financially responsible, in order that only cemeteries of permanent benefit to the community in which they are located will be established in this state.
[ 2005 c 365 s 59; 1969 ex.s. c 99 s 2; 1953 c 290 s 48.]

catchline: Proof of applicant's compliance with laws and financial responsibility.


title: RCW 68.05.215

text:
The regulatory charges for cemetery certificates at all periods of the year are the same as provided in this chapter. All regulatory charges are payable at the time of the filing of the application and in advance of the issuance of the certificates. All certificates shall be issued for the year and shall expire at midnight, the 31st day of March of each year, or at whatever time during any year that ownership or control of any cemetery authority is transferred or sold. Cemetery certificates shall not be transferable.
[ 2023 c 185 s 1; 2005 c 365 s 60; 1987 c 331 s 17; 1969 ex.s. c 99 s 3; 1953 c 290 s 50. Formerly RCW 68.05.220.]
Notes:
Effective date—2023 c 185: "This act takes effect October 31, 2023." [ 2023 c 185 s 5.]


title: RCW 68.05.225

text:
All prearrangement sales licenses issued under this chapter shall be issued for the year and shall expire at midnight, the 31st day of March of each year, or at whatever time during any year that ownership or control of any cemetery authority is transferred or sold.
The director, in accordance with RCW 43.24.086, shall set and the department shall collect in advance the fees required for licensing.
[ 2023 c 185 s 2; 2005 c 365 s 61; 1987 c 331 s 18; 1979 c 21 s 29. Formerly RCW 68.46.180.]
Notes:
Effective date—2023 c 185: See note following RCW 68.05.215.

catchline: Sales licenses—Terms—Fees.


title: RCW 68.05.235

text:
(1) Each authorized cemetery authority shall, within ninety days after the close of its accounting year, file with the board an endowment care trust fund report and a prearrangement trust fund report for the preceding year. The reports shall be on such forms and shall contain such information as required by this chapter and by the board.
(2) The failure to file a report as required under subsection (1) of this section constitutes unprofessional conduct for which the board may take disciplinary action against the prearrangement sales license of the cemetery authority. In addition, the board may take disciplinary action against any other license held by the cemetery authority.
[ 2005 c 365 s 62; 2002 c 86 s 318; 1987 c 331 s 19; 1979 c 21 s 37. Formerly RCW 68.46.095.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Reports—Failure to file.


title: RCW 68.05.240

text:
It shall be a misdemeanor for any cemetery authority to make any interment without a valid, unsuspended certificate of authority. Each interment shall be a separate violation.
[ 2005 c 365 s 63; 1953 c 290 s 52.]

catchline: Interment, certificate of authority required—Penalty.


title: RCW 68.05.245

text:
(1) All permits, licenses, or endorsements issued under this chapter must be issued for the year and expire at midnight, the 31st day of March of each year, or at whatever time during any year that ownership or control of any cemetery authority that operates such facility is transferred or sold.
(2) The director must set and the department must collect in advance the fees required for licensing.
[ 2023 c 185 s 3; 2019 c 432 s 15; 2005 c 365 s 64; 1987 c 331 s 20.]
Notes:
Effective date—2023 c 185: See note following RCW 68.05.215.
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: Crematory permits, licenses, or endorsements—Terms—Fees.


title: RCW 68.05.254

text:
(1) The board shall examine the endowment care and prearrangement trust fund or funds of a cemetery authority:
(a) Whenever it deems necessary, but at least once every three years after the original examination except where the cemetery authority is either required by the board to, or voluntarily files an annual financial report for the fund certified by a certified public accountant or a licensed public accountant in accordance with generally accepted auditing standards;
(b) One year following the issuance of a new certificate of authority;
(c) Whenever the cemetery authority in charge of endowment care or prearrangement trust fund or funds fails after reasonable notice from the board to file the reports required by this chapter; or
(d) Whenever it is requested by verified petition signed by twenty-five lot owners alleging that the endowment care funds are not in compliance with this title, or whenever it is requested by verified petition signed by twenty-five purchasers or beneficiaries of prearrangement merchandise or services alleging that the prearrangement trust funds are not in compliance with this title, in either of which cases, the examination shall be at the expense of the petitioners.
(2) The expense of the endowment care and prearrangement trust fund examination as provided in subsection (1)(a) and (b) of this section shall be paid by the cemetery authority. Such examination shall be privately conducted in the principal office of the cemetery authority.
(3) The requirements that examinations be conducted once every three years and that they be conducted in the principal office of the cemetery authority do not apply to any endowment care or prearrangement fund that is less than twenty-five thousand dollars. The board shall, at its discretion, decide when and where the examinations shall take place.
(4) Examination expenses incurred in conjunction with a transfer of ownership of a cemetery must be paid by the selling entity.
(5) All examination expense moneys collected by the department must be paid to the cemetery account created in *RCW 68.05.285.
[ 2005 c 365 s 65; 1987 c 331 s 21; 1979 c 21 s 7; 1973 1st ex.s. c 68 s 12; 1953 c 290 s 42. Formerly RCW 68.05.130.]
Notes:
*Reviser's note: RCW 68.05.285 was repealed by 2009 c 102 s 26.

catchline: Examination of endowment funds and prearrangement trust funds.


title: RCW 68.05.259

text:
If any cemetery authority refuses to pay any examination expenses within thirty days of completion of the examination or refuses to pay certain examination expenses in advance as required by the department for cause, the board may take disciplinary action against any existing certificate of authority.
[ 2005 c 365 s 66; 2002 c 86 s 319; 1987 c 331 s 22; 1973 1st ex.s. c 68 s 13; 1953 c 290 s 43. Formerly RCW 68.05.140.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Payment of examination expenses.


title: RCW 68.05.290

text:
Members of the board shall be immune from suit in any action, civil or criminal, based upon any official acts performed in good faith as members of the board. The state shall defend, indemnify, and hold the members of the board harmless from all claims or suits arising in any manner from such acts. Expenses incurred by the state under this section shall be paid from the general fund.
[ 2005 c 365 s 68; 1979 c 21 s 12.]

catchline: Board members' immunity from suits.


title: RCW 68.05.300

text:
In addition to the unprofessional conduct described in RCW 18.235.130, the board may take disciplinary action if the cemetery authority:
(1) Fails to comply with any provision of this chapter or any proper order or regulation of the board;
(2) Is found by the board to be in such condition that further execution of prearrangement contracts would be hazardous to purchasers or beneficiaries and the people of this state; or
(3) Is found by the board after investigation or receipt of reliable information to be managed by persons who are incompetent or untrustworthy or so lacking in managerial experience as to make the proposed or continued operation hazardous to purchasers, beneficiaries, or the public.
[ 2002 c 86 s 320; 1987 c 331 s 25; 1979 c 21 s 30. Formerly RCW 68.46.190.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.


title: RCW 68.05.310

text:
No cemetery authority whose prearrangement sales license has been the subject of disciplinary action shall be authorized to enter into prearrangement contracts unless specifically authorized by the board and only upon full compliance with the conditions required by the board. Any prearrangement sale by an unlicensed cemetery authority shall be voidable by the purchaser who shall be entitled to a full refund.
[ 2002 c 86 s 321; 1989 c 175 s 124; 1987 c 331 s 26; 1979 c 21 s 31. Formerly RCW 68.46.200.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
Effective date—1989 c 175: See note following RCW 34.05.010.


title: RCW 68.05.320

text:
(1) The board or its authorized representative may issue and serve upon a cemetery authority a notice of charges if in the opinion of the board or its authorized representative the cemetery authority:
(a) Is engaging in or has engaged in practices likely to endanger the future delivery of cemetery merchandise or services, unconstructed crypts or niches, or undeveloped graves;
(b) Is violating or has violated any statute of the state of Washington or any rule of the board; or
(c) Is about to do an act prohibited in (a) or (b) of this subsection when the opinion is based upon reasonable cause.
(2) The notice shall contain a statement of the facts constituting the alleged violation or practice and shall fix a time and place at which a hearing will be held to determine whether an order to cease and desist should issue against the cemetery authority. The hearing shall be set not earlier than ten nor later than thirty days after service of the notice unless a later date is set by the board or its authorized representative at the request of the cemetery authority.
Unless the cemetery authority appears at the hearing by a duly authorized representative it shall be deemed to have consented to the issuance of a cease and desist order. In the event of this consent or if upon the record made at the hearing the board finds that any violation or practice specified in the notice of charges has been established, the board may issue and serve upon the cemetery authority an order to cease and desist from the violation or practice. The order may require the cemetery authority and its directors, officers, employees, and agents to cease and desist from the violation or practice and may require the cemetery authority to take affirmative action to correct the conditions resulting from the violation or practice.
(3) A cease and desist order shall become effective at the expiration of ten days after service of the order upon the cemetery authority except that a cease and desist order issued upon consent shall become effective as provided in the order unless it is stayed, modified, terminated, or set aside by action of the board or a reviewing court.
(4) The powers of the board under this section are in addition to the power of the board to take disciplinary action against a cemetery authority's prearrangement sales license.
[ 2002 c 86 s 322; 1979 c 21 s 32. Formerly RCW 68.46.220.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Board action against authorities—Administrative procedures.


title: RCW 68.05.330

text:
Unless specified otherwise in this title, any person who violates or aids or abets any person in the violation of any of the provisions of this title shall be guilty of a class C felony punishable under chapter 9A.20 RCW. A violation shall constitute an unfair practice under chapter 19.86 RCW and shall be grounds for disciplinary action against the certificate of authority or any other license issued by the board under this chapter and chapter 18.235 RCW. Retail installment transactions under this chapter shall be governed by chapter 63.14 RCW. The provisions of this chapter shall not affect any other remedy available at law.
[ 2005 c 365 s 69; 2002 c 86 s 323; 1987 c 331 s 27; 1984 c 53 s 6; 1979 c 21 s 39. Formerly RCW 68.46.210.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Violation—Penalty—Unfair practice—Other laws applicable.


title: RCW 68.05.340

text:
Whenever the board or its authorized representative determines that a cemetery authority is in violation of this title or that the continuation of acts or practices of the cemetery authority is likely to cause insolvency or substantial loss of assets or earnings of the cemetery authority's endowment care or prearrangement trust fund, the board, or its authorized representative, may issue a temporary order requiring the cemetery authority to cease and desist from the violation or practice. The order shall become effective upon service on the cemetery authority. The order shall remain effective unless set aside, limited, or suspended by a court in proceedings under RCW 68.05.350, until the board dismisses the charges specified in the notice, or until the effective date of a cease and desist order issued against the cemetery authority under RCW 68.05.320. Actions for unlicensed activity must be conducted under RCW 18.235.150.
[ 2005 c 365 s 70; 2002 c 86 s 324; 1987 c 331 s 28; 1979 c 21 s 33. Formerly RCW 68.46.230.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Board action against authorities—Cease and desist orders.


title: RCW 68.05.350

text:
Within ten days after a cemetery authority has been served with a temporary cease and desist order issued under RCW 68.05.320, the cemetery authority may apply to the superior court in the county of its principal place of business for an injunction setting aside, limiting, or suspending the order pending completion of the administrative proceedings under RCW 68.05.320.
[ 2002 c 86 s 325; 1987 c 331 s 29; 1979 c 21 s 34. Formerly RCW 68.46.240.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Delaying board action pending administrative proceedings.


title: RCW 68.05.360

text:
Any administrative hearing under RCW 68.05.320 may be held at such place as is designated by the board and shall be conducted in accordance with chapter 34.05 RCW.
Within sixty days after the hearing the board shall render a decision which shall include findings of fact upon which the decision is based and shall issue and serve upon each party to the proceeding an order or orders consistent with RCW 68.05.320.
Review of the decision shall be as provided in chapter 34.05 RCW.
[ 1987 c 331 s 30; 1979 c 21 s 35. Formerly RCW 68.46.250.]

catchline: Board action against authorities—Hearing location—Decision—Review.


title: RCW 68.05.370

text:
The board may apply to the superior court of the county of the principal place of business of the cemetery authority affected for enforcement of any effective and outstanding order issued under RCW 68.05.320 or 68.05.340, and the court shall have jurisdiction to order compliance with the order.
[ 1987 c 331 s 31; 1979 c 21 s 36. Formerly RCW 68.46.260.]

catchline: Board action against authorities—Enforcement of orders.


title: RCW 68.05.400

text:
The provisions of this chapter do not apply to any of the following:
(1) Nonprofit cemeteries which are owned or operated by any recognized religious denomination which 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;
(2) Any cemetery controlled and operated by a coroner, county, city, town, or cemetery district; or
(3) A family burial ground established pursuant to chapter 68.74 RCW.
[ 2026 c 173 s 14; 1979 c 21 s 13; 1961 c 133 s 1; 1953 c 290 s 30. Formerly RCW 68.05.280.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.

catchline: Exemptions from chapter.


title: RCW 68.05.430

text:
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 s 326.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Uniform regulation of business and professions act.


title: RCW 68.05.900

text:
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987.
[ 1987 c 331 s 91.]

catchline: Effective date—1987 c 331.


title: RCW 68.20.010

text:
Except as otherwise provided in chapter 68.74 RCW, it is unlawful for any corporation, copartnership, firm, trust, association, or individual to engage in or transact any of the businesses of a cemetery within this state except by means of a corporation duly organized for that purpose.
[ 2026 c 173 s 15; 1943 c 247 s 42; Rem. Supp. 1943 s 3778-42.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.

catchline: Incorporation required.


title: RCW 68.20.020

text:
Any private corporation authorized by its articles so to do, may establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery, either for or without profit to its members or stockholders. A nonprofit cemetery corporation may be organized in the manner provided in chapter 24.03A RCW. A profit corporation may be organized in the manner provided in the general corporation laws of the state of Washington.
[ 2021 c 176 s 5236; 1983 c 3 s 167; 1943 c 247 s 43; Rem. Supp. 1943 s 3778-43. Prior: 1899 c 33 s 1; 1856-7 p 28 s 1.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.

catchline: Corporations, how organized.


title: RCW 68.20.030

text:
The powers, privileges and duties conferred and imposed upon any corporation, firm, copartnership, association, trust, or individual, existing and doing business under the laws of this state, are hereby enlarged as each particular case may require to conform to the provisions of *this act.
[ 1943 c 247 s 45; Rem. Supp. 1943 s 3778-45.]
Notes:
*Reviser's note: For "this act," see note following RCW 68.04.020.

catchline: Powers of existing corporations enlarged.


title: RCW 68.20.040

text:
The provisions of *this act do not affect the corporate existence or rights or powers of any cemetery organized under any law then existing prior to June 9, 1943, and as to such cemeteries and their rights, powers specified in their charters or articles of incorporation, the laws under which the corporation was organized and existed and under which such rights and powers become fixed or vested are applicable.
[ 1943 c 247 s 44; Rem. Supp. 1943 s 3778-44.]
Notes:
*Reviser's note: For "this act," see note following RCW 68.04.020.

catchline: Prior corporations not affected.


title: RCW 68.20.050

text:
Unless otherwise limited by the law under which created[,] cemetery authorities shall in the conduct of their business have the same powers granted by law to corporations in general, including the right to contract such pecuniary obligations within the limitation of general law as may be required, and may secure them by mortgage, deed of trust, or otherwise upon their property.
[ 1943 c 247 s 59; Rem. Supp. 1943 s 3778-59.]

catchline: General powers of cemetery corporations.


title: RCW 68.20.060

text:
A cemetery authority may make, adopt, amend, add to, revise, or modify, and enforce rules and regulations for the use, care, control, management, restriction and protection of all or any part of its cemetery and for the other purposes specified in RCW 68.20.061 through 68.20.067, 68.20.070 and * 68.48.080.
[ 1943 c 247 s 46; Rem. Supp. 1943 s 3778-46. Formerly RCW 68.20.070, part. FORMER PART OF SECTION: 1943 c 247 ss 47 through 52 now codified as RCW 68.20.061 through 68.20.066.]
Notes:
*Reviser's note: RCW 68.48.080 was recodified as RCW 68.56.050 pursuant to 1987 c 331 s 89.

catchline: Specific powers—Rule making and enforcement.


title: RCW 68.20.061

text:
It may restrict and limit the use of all property within its cemetery, including interment rights.
[ 2005 c 365 s 71; 1943 c 247 s 47; Rem. Supp. 1943 s 3778-47. Formerly RCW 68.20.060, part.]

catchline: Specific powers—Control of property.


title: RCW 68.20.062

text:
It may regulate the uniformity, class, and kind of all markers, monuments, and other structures within the cemetery and its subdivisions.
[ 1943 c 247 s 48; Rem. Supp. 1943 s 3778-48. Formerly RCW 68.20.060, part.]

catchline: Specific powers—Regulation as to type of markers, monuments, etc.


title: RCW 68.20.063

text:
It may regulate or prohibit the erection of monuments, markers, effigies, and structures within any portion of the cemetery.
[ 1943 c 247 s 49; Rem. Supp. 1943 s 3778-49. Formerly RCW 68.20.060, part.]

catchline: Specific powers—Regulation or prohibition as to the erection of monuments, effigies, etc.


title: RCW 68.20.064

text:
It may regulate or prevent the introduction or care of plants or shrubs within the cemetery.
[ 1943 c 247 s 50; Rem. Supp. 1943 s 3778-50. Formerly RCW 68.20.060, part.]

catchline: Specific powers—Regulation of plants and shrubs.


title: RCW 68.20.065

text:
It may prevent interment in any part of the cemetery of human remains not entitled to interment and prevent the use of interment plots for purposes violative of its restrictions or rules and regulations.
[ 1943 c 247 s 51; Rem. Supp. 1943 s 3778-51. Formerly RCW 68.20.060, part.]

catchline: Specific powers—Prevention of interment.


title: RCW 68.20.066

text:
It may regulate the conduct of persons and prevent improper assemblages in the cemetery.
[ 1943 c 247 s 52; Rem. Supp. 1943 s 3778-52. Formerly RCW 68.20.060, part.]

catchline: Specific powers—Prevention of improper assemblages.


title: RCW 68.20.067

text:
It may make and enforce rules and regulations for all other purposes deemed necessary by the cemetery authority for the proper conduct of the business of the cemetery, for the transfer of any plot or the right of interment, and the protection and safeguarding of the premises, and the principles, plans, and ideals on which the cemetery is conducted.
[ 1943 c 247 s 53; Rem. Supp. 1943 s 3778-53. Formerly RCW 68.20.070, part.]

catchline: Specific powers—Rules and regulations for general purposes.


title: RCW 68.20.070

text:
The rules and regulations made pursuant to RCW 68.20.060 shall be plainly printed or typewritten and maintained subject to inspection in the office of the cemetery authority or in such place or places within the cemetery as the cemetery authority may prescribe.
[ 1943 c 247 s 54; Rem. Supp. 1943 s 3778-54. FORMER PART OF SECTION: 1943 c 247 ss 46 and 53 now codified as RCW 68.20.060 and 68.20.067.]

catchline: Rules and regulations—Posting.


title: RCW 68.20.080

text:
Cities and counties are authorized to enact ordinances regulating or prohibiting the establishment of new cemeteries or the extension of existing ones and to give power to local planning commissions to pass upon and make recommendations to local legislative bodies concerning the establishment or extension of cemeteries.
[ 1943 c 247 s 143; Rem. Supp. 1943 s 3778-143.]
Notes:
Section applies to certain mausoleums, columbariums, etc.: RCW 68.28.010.

catchline: Cities and counties may regulate cemeteries.


title: RCW 68.20.110

text:
Nonprofit cemetery associations shall be authorized to purchase or take by gift or devise, and hold land exempt from execution and from any appropriation to public purposes for the sole purpose of a cemetery not exceeding eighty acres, which shall be exempt from taxation if intended to be used exclusively for burial purposes without discrimination as to race, color, national origin or ancestry, and in nowise with a view to profit of the members of such association: PROVIDED, That when the land already held by the association is all practically used then the amount thereof may be increased by adding thereto not exceeding twenty acres at a time.
[ 2005 c 365 s 72; 1961 c 103 s 2; 1899 c 33 s 3; RRS s 3766. Formerly RCW 68.20.110 and 68.24.200.]
Notes:
Construction—1961 c 103: See note following RCW 49.60.040.
Property taxes, exemptions: RCW 84.36.020.

catchline: Nonprofit cemetery association—Tax exempt land.


title: RCW 68.20.120

text:
Burial lots, sold by *such association shall be for the sole purpose of interment, and shall be exempt from taxation, execution, attachment or other claims, lien or process whatsoever, if used as intended, exclusively for burial purposes and in nowise with a view to profit.
[ 1899 c 33 s 5; RRS s 3768. Formerly RCW 68.24.210.]
Notes:
*Reviser's note: For "such association," see note following RCW 68.20.110.
Cemetery property exempt from
execution: RCW 68.24.220.
taxation: RCW 84.36.020.

catchline: Sold lots exempt from taxes, etc.—Nonprofit associations.


title: RCW 68.20.140

text:
(1) This chapter does not apply to any cemetery controlled and operated by a coroner, county, city, town, or cemetery district.
(2) This chapter does not apply to any family burial ground established pursuant to chapter 68.74 RCW.
[ 2026 c 173 s 16; 1987 c 331 s 33.]
Notes:
Intent—2026 c 173: See note following RCW 68.74.010.
Effective date—1987 c 331: See RCW 68.05.900.

catchline: Certain cemeteries and family burial grounds exempt from chapter.


title: RCW 68.24.010

text:
Cemetery authorities may take by purchase, donation, or devise, property consisting of lands, mausoleums, cremation, alkaline hydrolysis, or natural organic reduction facilities, and columbariums, or other property within which the placement of human remains may be authorized by law.
[ 2019 c 432 s 17; 2005 c 365 s 73; 1943 c 247 s 61; Rem. Supp. 1943 s 3778-61.]
Notes:
Effective date—2019 c 432: See note following RCW 68.05.175.

catchline: Right to acquire property.


title: RCW 68.24.020

text:
Every cemetery authority, from time to time as its property may be required for cemetery purposes, shall:
(1) In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks, or other subdivisions; make a good and substantial map or plat showing the sections, plots, avenues, walks or other subdivisions, with descriptive names or numbers.
(2) In case of a mausoleum, or columbarium, it shall make a good and substantial map or plat on which shall be delineated the sections, halls, rooms, corridors, elevation, and other divisions, with descriptive names or numbers.
[ 1943 c 247 s 62; Rem. Supp. 1943 s 3778-62.]

catchline: Surveys and maps.


title: RCW 68.24.030

text:
The cemetery authority shall file the map or plat in the office of the recorder of the county in which all or a portion of the property is situated. The cemetery authority shall also file for record in the county recorder's office a written declaration of dedication of the property delineated on the plat or map, dedicating the property exclusively to cemetery purposes.
[ 1943 c 247 s 63; Rem. Supp. 1943 s 3778-63.]
Notes:
County auditor: Chapter 36.22 RCW.
County auditor fees, generally: RCW 36.18.010.

catchline: Declaration of dedication and maps—Filing.


title: RCW 68.24.040

text:
Upon the filing of the map or plat and the filing of the declaration for record, the dedication is complete for all purposes and thereafter the property shall be held, occupied, and used exclusively for a cemetery and for cemetery purposes.
[ 1943 c 247 s 64; Rem. Supp. 1943 s 3778-64.]

catchline: Dedication, when complete.


title: RCW 68.24.050

text:
The filed map or plat and the recorded declaration are constructive notice to all persons of the dedication of the property to cemetery purposes.
[ 1943 c 247 s 66; Rem. Supp. 1943 s 3778-66.]

catchline: Constructive notice.