Title 68 — Title 68 CEMETERIES, MORGUES, AND HUMAN REMAINS
17 chapters · 337 sections in this title.
RCW 68.46.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Board" means the funeral and cemetery board established under RCW 18.39.173 or its authorized representative.(2) "Cemetery merchandise or services" and "merchandise or…
RCW 68.46.020 Prearrangement trust funds—Required.
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Any cemetery authority selling by prearrangement contracts any merchandise or services shall establish and maintain one or more prearrangement trust funds for the benefit of beneficiaries of prearrangement contracts.[ 2005 c 365 s 126; 1973 1st ex.s. c 68 s 2.]
RCW 68.46.030 Prearrangement trust funds—Deposits—Bond requirements.
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(1) For each prearrangement contract, a cemetery authority shall deposit the greater of the following amounts in its prearrangement trust fund:(a) For merchandise:(i) Fifty percent of the contract price; or(ii) The wholesale cost of the item.(b) For services:(i) Fifty percent of …
RCW 68.46.040 Prearrangement trust funds—Deposit of funds.
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(1) All prearrangement trust funds must be deposited in a commercial bank, trust company, mutual savings bank, savings and loan association, or credit union, whether state or federally chartered. Such accounts must be designated as the "prearrangement trust fund" by name and the …
RCW 68.46.050 Withdrawals from trust funds—Notice of department of social and health services' claim.
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(1) A depository of prearrangement funds shall permit a cemetery authority to withdraw all funds deposited under any specific prearrangement contract plus interest accrued thereon, under the following circumstances and conditions:(a) If the cemetery authority files a verified sta…
RCW 68.46.055 Indebtedness limitations.
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No cemetery authority may enter into a retail contract for the purchase of debentures, shares, scrip, bonds, notes, or any instrument or evidence of indebtedness that requires the cemetery authority to furnish cemetery merchandise, services, or interment rights to the holder at a…
RCW 68.46.060 Termination of contract by purchaser or beneficiary.
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Any purchaser or beneficiary may, upon written demand of any cemetery authority, demand that any prearrangement contract with such cemetery authority be terminated. In such event, the cemetery authority shall, within thirty days, refund to the purchaser or beneficiary fifty perce…
RCW 68.46.070 Involuntary termination of contract—Refund.
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Prearrangement contracts shall terminate upon demand of the purchaser of the contract if the cemetery authority shall go out of business, become insolvent or bankrupt, make an assignment for the benefit of creditors, or for any other reason be unable to fulfill the obligations un…
RCW 68.46.075 Inactive contracts—Funds transfer—Obligations.
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In the event the beneficiary of a prearrangement contract make[s] no claim within fifty years of the date of the contract for the merchandise and services provided in the prearrangement contract, the funds deposited in the prearrangement trust for that contract, plus interest, sh…
RCW 68.46.080 Other use of trust funds prohibited.
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Prearrangement trust funds shall not be used in any way for the benefit of the cemetery authority or any director, officer, agent, or employee of any cemetery authority, including, but not limited to any encumbrance, pledge, or other utilization or prearrangement trust funds as c…
RCW 68.46.090 Financial reports—Filing—Verification.
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Any cemetery authority selling prearrangement merchandise or other prearrangement services shall file in its office and with the board a written report upon forms prepared by the board which shall state the amount of the principle of the prearrangement trust fund, the depository …
RCW 68.46.100 Prearrangement contract requirements.
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Every prearrangement contract shall contain language which informs the purchaser of the prearrangement trust fund and the amount to be deposited in the prearrangement trust fund. The amount deposited to the prearrangement trust fund must meet the requirements of RCW 68.46.030.Eve…
RCW 68.46.110 Compliance required.
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No cemetery authority shall sell, offer to sell, or authorize the sale of cemetery merchandise or services or accept funds in payment of any prearrangement contract unless such acts are performed in compliance with this title and under the authority of a valid and unsuspended cer…
RCW 68.46.125 Certain cemeteries exempt from chapter.
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This chapter does not apply to any cemetery controlled and operated by a coroner, county, city, town, or cemetery district.[ 1987 c 331 s 54.]
RCW 68.46.130 Exemptions from chapter granted by board.
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The board may grant an exemption from any or all of the requirements of this chapter relating to prearrangement contracts to any cemetery authority which:(1) Sells less than twenty prearrangement contracts per year; and(2) Deposits one hundred percent of all funds received into a…
RCW 68.46.160 Contract forms—Filing.
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No cemetery authority shall use a prearrangement contract without first filing the form of such contract with the board: PROVIDED, That the board may order the cemetery authority to cease using any prearrangement contract form which:(1) Is in violation of any provision of this ch…
RCW 68.46.170 Sales licenses—Requirement.
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No cemetery authority shall enter into prearrangement contracts in this state unless the cemetery authority has obtained a prearrangement sales license issued by the board or its authorized representative and such license is then current and valid.[ 1979 c 21 s 23.]
RCW 68.46.175 Unconstructed crypts, etc., as part of contract—Requirements.
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(1) A cemetery authority that enters into prearrangement contracts for the sale of unconstructed crypts, niches, or undeveloped property, or that conveys undeveloped property by gift, shall maintain an adequate inventory of constructed crypts or niches and developed property. The…
RCW 68.46.900 Effective date—1987 c 331.
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See RCW 68.05.900.