Title 68, CEMETERIES, MORGUES, AND HUMAN REMAINS

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,…

(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 suc…

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.]

(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 tran…

(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 t…

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 cer…

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 man…

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 …

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…

(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 de…

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 chap…

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 a…

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 sus…

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 whic…

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 …

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 u…

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…

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.]

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 pu…

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 …

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 …

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…

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 a…

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,…

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.]

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.]

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.]

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.]

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.]…

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.]

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 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;…

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 …

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 inten…

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. [ 189…

(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: Inten…

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 …

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…

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 proper…

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 37…

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.]

Any part or subdivision of the property so mapped and plotted may, by order of the directors, be resurveyed and altered in shape and size and an amended map or plat filed, so long as such change does not disturb the interred remains of any deceased person. [ 1943 c 247 s 65; Rem.…

After property is dedicated to cemetery purposes pursuant to RCW 68.24.010 through 68.24.060, neither the dedication, nor the title of a plot owner, shall be affected by the dissolution of the cemetery authority, by nonuser on its part, by alienation of the property, by any incum…

Dedication to cemetery purposes pursuant to *this act is not invalid as violating any laws against perpetuities or the suspension of the power of alienation of title to or use of property, but is expressly permitted and shall be deemed to be in respect for the dead, a provision f…

Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, unless and until the dedication is removed from all or any part of it by an order and decree of the superior court of the county in which the property is situated, in a proceeding br…

The notice of hearing provided in RCW 68.24.090 shall be given by publication once a week for at least three consecutive weeks in a newspaper of general circulation in the county where said cemetery is located, and the posting of copies of the notice in three conspicuous places o…