reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.108 - Autopsies, postmortems—Consent to embalm, cremate body, or make final disposition—Time limitation.

RCW 68.50.108
Autopsies, postmortems—Consent to embalm, cremate body, or make final disposition—Time limitation.
No dead body upon which the coroner, or prosecuting attorney, if there is not a coroner in the county, may perform an autopsy or postmortem, may be embalmed or make final disposition without the consent of the coroner having jurisdiction. Failure to obtain such consent is a misdemeanor. However, such autopsy or postmortem must be performed within five days, unless the coroner obtains an order from the superior court extending such time.
[ 2019 c 432 § 19; 1953 c 188 § 8. Formerly RCW 68.08.108.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.110 - Burial, cremation, alkaline hydrolysis, or natural organic reduction.

RCW 68.50.110
Burial, cremation, alkaline hydrolysis, or natural organic reduction.
Except in cases of dissection provided for in RCW 68.50.100, and where human remains are rightfully carried through or removed from the state for the purpose of burial elsewhere, human remains lying within this state, and the remains of any dissected body, after dissection, must be decently buried, undergo cremation, alkaline hydrolysis, or natural organic reduction within a reasonable time after death.
[ 2019 c 432 § 20; 2005 c 365 § 138; 1987 c 331 § 60; 1909 c 249 § 238; RRS § 2490. Formerly RCW 68.08.110.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.115 - Coroner and medical examiner liability—Release of information.

RCW 68.50.115
Coroner and medical examiner liability—Release of information.
No coroner, medical examiner, or his or her designee shall be liable, nor shall a cause of action exist, for any loss or damage based upon the release of any information related to his or her findings under RCW 68.50.105 if the coroner, medical examiner, or his or her designee acted in good faith in attempting to comply with the provisions of this chapter.
[ 2013 c 295 § 2.]
NOTES:
Effective date—2013 c 295: "This act takes effect January 1, 2014." [ 2013 c 295 § 3.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.120 - Holding body for debt—Penalty.

RCW 68.50.120
Holding body for debt—Penalty.
Every person who arrests, attaches, detains, or claims to detain any human remains for any debt or demand, or upon any pretended lien or charge, is guilty of a gross misdemeanor.
[ 1943 c 247 § 27; Rem. Supp. 1943 § 3778-27. Formerly RCW 68.08.120.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.130 - Unlawful disposal of remains.

RCW 68.50.130
Unlawful disposal of remains.
Every person who performs a disposition of any human remains, except as otherwise provided by law, in any place, except in a cemetery or a building dedicated exclusively for religious purposes, is guilty of a misdemeanor. Disposition of human remains following cremation, alkaline hydrolysis, or natural organic reduction may also occur on private property, with the consent of the property owner; and on public or government lands or waters with the approval of the government agency that has either jurisdiction or control, or both, of the lands or waters.
[ 2019 c 432 § 21; 2005 c 365 § 139; 1943 c 247 § 28; Rem. Supp. 1943 § 3778-28. Formerly RCW 68.08.130.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.140 - Unlawful disturbance, removal, or sale of human remains—Penalty.

RCW 68.50.140
Unlawful disturbance, removal, or sale of human remains—Penalty.
(1) Every person who removes human remains, or any part thereof, from a grave, vault, or other place where the same has been buried or deposited awaiting final disposition, without authority of law, with intent to sell the same, or for the purpose of securing a reward for its return, or for dissection, or from malice or wantonness, is guilty of a class C felony.
(2) Every person who purchases or receives, except for burial or final disposition, human remains or any part thereof, knowing that the same has been removed contrary to the foregoing provisions, is guilty of a class C felony.
(3) Every person who opens a grave or other place of interment, temporary or otherwise, or a building where human remains are placed, with intent to sell or remove the casket, urn, or of any part thereof, or anything attached thereto, or any vestment, or other article interred, or intended to be interred with the human remains, is guilty of a class C felony.
(4) Every person who removes, disinters, or mutilates human remains from a place of interment, without authority of law, is guilty of a class C felony.
[ 2019 c 432 § 22; 2005 c 365 § 140; 2003 c 53 § 308; 1992 c 7 § 44; 1909 c 249 § 239; RRS § 2491. FORMER PART OF SECTION: 1943 c 247 § 25 now codified as RCW 68.50.145. Formerly RCW 68.08.140.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.170 - Effect of authorization.

RCW 68.50.170
Effect of authorization.
Any person signing any authorization for the interment, cremation, alkaline hydrolysis, or natural organic reduction of any human remains warrants the truthfulness of any fact set forth in the authorization, the identity of the person whose human remains are sought to undergo final disposition, and his or her authority to order such. That person is personally liable for all damage occasioned by or resulting from breach of such warranty.
[ 2019 c 432 § 24; 2005 c 365 § 142; 1943 c 247 § 30; Rem. Supp. 1943 § 3778-30. Formerly RCW 68.08.170.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.185 - Individual final disposition—Exception—Penalty.

RCW 68.50.185
Individual final disposition—Exception—Penalty.
(1) A person authorized to dispose of human remains may not perform or cause to be performed final disposition of more than one human remains at a time unless written permission, after full and adequate disclosure regarding the manner of disposition, has been received from the person or persons under RCW 68.50.160 having the authority to order final disposition. This restriction does not apply when equipment, techniques, or devices are employed that keep human remains separate and distinct before, during, and after the final disposition process.
(2) Violation of this section is a gross misdemeanor.
[ 2019 c 432 § 25; 2005 c 365 § 143; 1987 c 331 § 61; 1985 c 402 § 3. Formerly RCW 68.08.185.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
Legislative finding—1985 c 402: "The legislature finds that certain practices in storing human remains and in performing cremations violate common notions of decency and generally held expectations. In enacting this legislation, the legislature is reaffirming that certain practices, which have never been acceptable, violate principles of human dignity." [ 1985 c 402 § 1.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.200 - Permission to remove human remains.

RCW 68.50.200
Permission to remove human remains.
Human remains may be removed from a plot in a cemetery with the consent of the cemetery authority and the written consent of one of the following in the order named:
(1) The surviving spouse or state registered domestic partner.
(2) The surviving children of the decedent.
(3) The surviving parents of the decedent.
(4) The surviving brothers or sisters of the decedent.
If the required consent cannot be obtained, permission by the superior court of the county where the cemetery is situated is sufficient: PROVIDED, That the permission shall not violate the terms of a written contract or the rules and regulations of the cemetery authority.
[ 2007 c 156 § 25; 2005 c 365 § 144; 1943 c 247 § 33; Rem. Supp. 1943 § 3778-33. Formerly RCW 68.08.200.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.210 - Notice for order to remove remains.

RCW 68.50.210
Notice for order to remove remains.
Notice of application to the court for such permission shall be given, at least ten days prior thereto, personally, or at least fifteen days prior thereto if by mail, to the cemetery authority and to the persons not consenting, and to every other person on whom service of notice may be required by the court.
[ 1943 c 247 § 34; Rem. Supp. 1943 § 3778-34. Formerly RCW 68.08.210.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.220 - Exceptions.

RCW 68.50.220
Exceptions.
RCW 68.50.200 and 68.50.210 do not apply to or prohibit the removal of any human remains from one plot to another in the same cemetery or the removal of [human] remains by a cemetery authority from a plot for which the purchase price is past due and unpaid, to some other suitable place; nor do they apply to the disinterment of human remains upon order of court or coroner. However, a cemetery authority shall provide notification to the person cited in RCW 68.50.200 before moving human remains.
[ 2005 c 365 § 145; 1987 c 331 § 62; 1943 c 247 § 35; Rem. Supp. 1943 § 3778-35. Formerly RCW 68.08.220.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.230 - Human remains that have not been disposed—Rules.

RCW 68.50.230
Human remains that have not been disposed—Rules.
(1) Whenever any human remains shall have been in the lawful possession of any person, firm, corporation, or association for a period of ninety days or more, and the relatives of, or persons interested in, the deceased person shall fail, neglect, or refuse to direct the disposition, the human remains may be disposed of by the person, firm, corporation, or association having such lawful possession thereof, under and in accordance with rules adopted by the funeral and cemetery board, not inconsistent with any statute of the state of Washington or rule adopted by the state board of health.
(2)(a) The department of veterans affairs may certify that the deceased person to whom subsection (1) of this section applies was a veteran or the dependent of a veteran eligible for interment at a federal or state veterans' cemetery.
(b) Upon certification of eligible veteran or dependent of a veteran status under (a) of this subsection, the person, firm, corporation, or association in possession of the veteran's or veteran's dependent's remains shall transfer the custody and control of the remains to the department of veterans affairs.
(c) The transfer of human remains under (b) of this subsection does not create:
(i) A private right of action against the state or its officers and employees or instrumentalities, or against any person, firm, corporation, or association transferring the remains; or
(ii) Liability on behalf of the state, the state's officers, employees, or instrumentalities; or on behalf of the person, firm, corporation, or association transferring the remains.
[ 2009 c 102 § 20; 2009 c 56 § 1; 2005 c 365 § 146; 1985 c 402 § 9; 1979 c 158 § 218; 1937 c 108 § 14; RRS § 8323-3. Formerly RCW 68.08.230.]
NOTES:
Reviser's note: This section was amended by 2009 c 56 § 1 and by 2009 c 102 § 20, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Funeral directors and embalmers account and cemetery account abolished, moneys transferred to funeral and cemetery account—2009 c 102: See note following RCW 18.39.810.
Legislative finding—1985 c 402: See note following RCW 68.50.185.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.232 - Remains—Entrusting to funeral homes or mortuaries.

RCW 68.50.232
Remains—Entrusting to funeral homes or mortuaries.
See RCW 36.24.155.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.240 - Record of human remains to be kept.

RCW 68.50.240
Record of human remains to be kept.
The person in charge of any premises on which final dispositions are made must keep a record of all human remains on the premises under his or her charge, in each case stating the name of each deceased person, date of final disposition, and name and address of the funeral establishment.
[ 2019 c 432 § 26; 2005 c 365 § 147; 1943 c 247 § 39; Rem. Supp. 1943 § 3778-39. Formerly RCW 68.08.240.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.270 - Possession of human remains.

RCW 68.50.270
Possession of human remains.
The person or persons determined under RCW 68.50.160 as having authority to order disposition is entitled to possession of the human remains without further intervention by the state or its political subdivisions.
[ 2019 c 432 § 27; 2005 c 365 § 148; 1987 c 331 § 63; 1977 c 47 § 4. Formerly RCW 68.08.245.]
NOTES:
Effective date—2019 c 432: See note following RCW 68.05.175.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.290 - Corneal tissue for transplantation—Presumption of good faith.

RCW 68.50.290
Corneal tissue for transplantation—Presumption of good faith.
In any subsequent civil action in which the next of kin of a decedent contends that he/she affirmatively informed the county coroner or medical examiner or designee of his/her objection to removal of corneal tissue from the decedent, it shall be presumed that the county coroner or medical examiner acted in good faith and without knowledge of the objection.
[1975-'76 2nd ex.s. c 60 § 2. Formerly RCW 68.08.305.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.300 - Release of information concerning a death.

RCW 68.50.300
Release of information concerning a death.
(1) The county coroner, medical examiner, or prosecuting attorney having jurisdiction may in such official's discretion release information concerning a person's death to the media and general public, in order to aid in identifying the deceased, when the identity of the deceased is unknown to the official and when he or she does not know the information to be readily available through other sources.
(2)(a) The county coroner, medical examiner, or prosecuting attorney may withhold any information which directly or indirectly identifies a decedent until either:
(i) A notification period of forty-eight hours has elapsed after identification of the decedent by such official; or
(ii) The next of kin of the decedent has been notified.
(b) During the forty-eight hour notification period, such official shall make a good faith attempt to locate and notify the next of kin of the decedent.
(3) The county coroner, medical examiner, or prosecuting attorney having jurisdiction may release information contained in a report of death, as defined in chapter 70.58A RCW, to the media and general public.
[ 2019 c 148 § 37; 2012 c 117 § 318; 1981 c 176 § 2. Formerly RCW 68.08.320.]
NOTES:
Effective date—Rule-making authority—2019 c 148: See RCW 70.58A.901 and 70.58A.902.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.310 - Dental identification system established—Powers and duties.

RCW 68.50.310
Dental identification system established—Powers and duties.
A dental identification system is established in the identification section of the Washington state patrol. The dental identification system shall act as a repository or computer center or both for dental examination records and it shall be responsible for comparing such records with dental records filed under RCW 68.50.330. It shall also determine which scoring probabilities are the highest for purposes of identification and shall submit such information to the coroner or medical examiner who prepared and forwarded the dental examination records. Once the dental identification system is established, operating funds shall come from the state general fund.
[ 1987 c 331 § 65; 1983 1st ex.s. c 16 § 15. Formerly RCW 68.08.350.]
NOTES:
Effective date—1983 1st ex.s. c 16: See RCW 43.103.901.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.325 - Indigenous persons—Identification of remains—Spiritual practices.

RCW 68.50.325
Indigenous persons—Identification of remains—Spiritual practices.
(1) A county coroner having jurisdiction over human remains pursuant to RCW 68.50.010 shall, upon knowledge that the remains are of an indigenous person, cooperate with law enforcement to attempt to identify and immediately contact family members and any affected tribes, tribal organizations, and communities prior to removal or disturbance of the remains, except as deemed necessary by the county coroner and law enforcement in the interest of safety or to preserve evidence for any ongoing criminal investigation. Efforts to contact family members and affected tribes, tribal organizations, and communities must include an attempt to facilitate contact through the regional liaison for missing and murdered indigenous persons pursuant to RCW 43.43.874 within 10 days of the county coroner having jurisdiction over the remains.
(2) If contact is successfully made, the county coroner shall afford an opportunity for a family member or a representative from any affected tribes, tribal organizations, or communities to visit the remains for the purpose of conducting any spiritual practices or ceremonies to honor or recognize the indigenous person's passing. A family member or representative's activities may not interfere with or jeopardize the integrity of any ongoing criminal investigation. The county coroner and the lead investigator from the law enforcement agency of jurisdiction must provide the family member or representative with a list containing any conduct the family member or representative is prohibited from doing when interacting with the remains, including an explanation of why the conduct is prohibited. The family member or representative may not conduct any practices or ceremonies until the county coroner and the lead investigator provide their authorization.
(3) For the purposes of this section, "affected tribes" has the same meaning as in RCW 68.50.645.
(4) Nothing in this section may be construed to contradict the sovereignty or rights of any federally recognized Indian tribe whose traditional lands and territories included parts of Washington.
[ 2022 c 251 § 1.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.330 - Identification of body or human remains by dental examination—Comparison of dental examination records with dental records of dental identification system.

RCW 68.50.330
Identification of body or human remains by dental examination—Comparison of dental examination records with dental records of dental identification system.
If the county coroner or county medical examiner investigating a death is unable to establish the identity of a body or human remains by visual means, fingerprints, or other identifying data, he or she shall have a qualified dentist, as determined by the county coroner or county medical examiner, carry out a dental examination of the body or human remains. If the county coroner or county medical examiner with the aid of the dental examination and other identifying findings is still unable to establish the identity of the body or human remains, he or she shall prepare and forward such dental examination records within thirty days of the date the body or human remains were found to the dental identification system of the state patrol identification and criminal history section on forms supplied by the state patrol for such purposes.
The dental identification system shall act as a repository or computer center or both with respect to such dental examination records. It shall compare such dental examination records with dental records filed with it and shall determine which scoring probabilities are the highest for the purposes of identification. It shall then submit such information to the county coroner or county medical examiner who prepared and forwarded the dental examination records.
If the body or human remains are still unidentified thirty days after discovery, the county coroner or county medical examiner investigating the death must, as soon as practicable, submit information regarding the body or remains to the national missing and unidentified persons system created by the United States department of justice's national institute of justice. Information submitted to the national missing and unidentified persons system must include, to the extent information is available, a detailed personal description, DNA information, copies of fingerprints on standardized eight inch by eight inch fingerprint cards or the equivalent digital image, forensic dental examination records, and other identifying data, including date and place of death. If the identity of the body or human remains is later established, the county coroner or county medical examiner must notify the national missing and unidentified persons system within forty-eight hours.
[ 2020 c 45 § 3; 2001 c 172 § 1; 1984 c 17 § 19; 1983 1st ex.s. c 16 § 17. Formerly RCW 68.08.360.]
NOTES:
Findings—Intent—Short title—2020 c 45: See notes following RCW 68.50.320.
Effective date—1983 1st ex.s. c 16: See RCW 43.103.901.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.901 - Application—1993 c 228.

RCW 68.50.901
Application—1993 c 228.
RCW * 68.50.520 through ** 68.50.630 and 68.50.901 through 68.50.904 apply to a document of gift, revocation, or refusal to make an anatomical gift signed by the donor or a person authorized to make or object to making an anatomical gift before, on, or after July 25, 1993.
[ 1993 c 228 § 12.]
NOTES:
Reviser's note: *(1) RCW 68.50.520 through 68.50.620 were repealed by 2008 c 139 § 31.
**(2) RCW 68.50.630 was repealed by 2002 c 45 § 1.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.902 - Application—Construction—1993 c 228.

RCW 68.50.902
Application—Construction—1993 c 228.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
[ 1993 c 228 § 13.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.903 - Severability—1993 c 228.

RCW 68.50.903
Severability—1993 c 228.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1993 c 228 § 14.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.50 - Human Remains. › 68.50.904 - Short title—1993 c 228.

RCW 68.50.904
Short title—1993 c 228.
RCW * 68.50.520 through ** 68.50.630 and 68.50.901 through 68.50.903 may be cited as the "uniform anatomical gift act."
[ 1993 c 228 § 16.]
NOTES:
Reviser's note: *(1) RCW 68.50.520 through 68.50.620 were repealed by 2008 c 139 § 31.
**(2) RCW 68.50.630 was repealed by 2002 c 45 § 1.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.010 - Morgues authorized in counties.

RCW 68.52.010
Morgues authorized in counties.
The county legislative authority of each county may at its discretion provide and equip a public morgue together with suitable morgue wagon for the conveyance, receipt and proper disposition of the bodies of all deceased persons not claimed by relatives, and of all dead bodies which are by law subject to a postmortem or coroner's inquest: PROVIDED, HOWEVER, That only one public morgue may be established in any county: PROVIDED FURTHER, That counties may agree to establish joint morgue facilities pursuant to chapter 39.34 RCW.
[ 1983 1st ex.s. c 16 § 19; 1917 c 90 § 1; RRS § 6040. Formerly RCW 68.12.010.]
NOTES:
Effective date—1983 1st ex.s. c 16: See RCW 43.103.901.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.020 - Coroner to control morgue—Expense.

RCW 68.52.020
Coroner to control morgue—Expense.
Such morgue shall be under the control and management of the coroner who shall have power with the advice and consent of the county commissioners, to employ the necessary deputies and employees; and, with the advice and consent of the county commissioners, to fix their salaries and compensation, which, together with the expenses of operating such morgue, shall be paid monthly out of the county treasury.
[ 1917 c 90 § 2; RRS § 6041. Formerly RCW 68.12.020.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.030 - Counties and cities may provide for burial, acquire cemeteries, etc.

RCW 68.52.030
Counties and cities may provide for burial, acquire cemeteries, etc.
Each and every county, town or city, shall have power to provide a hearse and pall for burial of the dead, and to procure and hold lands for burying grounds, and to make regulations and fence the same, and to preserve the monuments erected therein, and to levy and collect the necessary taxes for that purpose, in the same manner as other taxes are levied and collected.
[ 1857 p 28 § 3; RRS § 3772. Formerly RCW 68.12.030.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.040 - Cities and towns may own, improve, etc., cemeteries.

RCW 68.52.040
Cities and towns may own, improve, etc., cemeteries.
Any city or town may acquire, hold, or improve land for cemetery purposes, and may sell lots therein, and may provide by ordinance that a specified percentage of the proceeds therefrom be set aside and invested, and the income from the investment be used in the care of the lots, and may take and hold any property devised, bequeathed or given upon trust, and apply the income thereof for the improvement or embellishment of the cemeteries or the erection or preservation of structures, fences, or walks therein, or for the repair, preservation, erection, or renewal of any tomb, monument, gravestone, fence, railing, or other erection at or around a cemetery, lot, or plat, or for planting and cultivating trees, shrubs, flowers, or plants in or around the lot or plot, or for improving or embellishing the cemetery in any other manner or form consistent with the design and purpose of the city, according to the terms of the grant, devise, or bequest.
[ 1955 c 378 § 1; 1909 c 156 § 1; RRS § 3773. Formerly RCW 68.12.040.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.045 - Cities and towns may provide for a cemetery board.

RCW 68.52.045
Cities and towns may provide for a cemetery board.
The legislative body of any city or town may provide by ordinance for a cemetery board to be appointed by the mayor in cities and towns operating under the mayor-council form of government, by the city commission in cities operating under the commission form of government, and by the city manager in cities and towns operating under the council-manager form of government: PROVIDED FURTHER, That no ordinance shall be enacted, pursuant to this section, in conflict with provisions contained in charters of cities of the first class.
[ 1955 c 378 § 2. Formerly RCW 68.12.045.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.050 - Cemetery improvement fund.

RCW 68.52.050
Cemetery improvement fund.
All moneys received in the manner above provided shall be deposited with the city treasurer, and shall be kept apart in a fund known as the cemetery improvement fund, and shall be paid out only upon warrants drawn by the order of the cemetery board, if such a board exists, or by order of the body, department, commission, or committee duly authorized by ordinance to issue such an order, or by the legislative body of a city or town, which order shall be approved by such legislative body if such order is not issued by the legislative body, and shall be indorsed by the mayor and attested by the city comptroller or other authorized officer.
[ 1955 c 378 § 3; 1909 c 156 § 4; RRS § 3776. Formerly RCW 68.12.050.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.060 - Care and investment of fund.

RCW 68.52.060
Care and investment of fund.
It shall be the duty of the cemetery board and other body or commission having in charge the care and operation of cemeteries to invest all sums set aside from the sale of lots, and all sums of money received, and to care for the income of all money and property held in trust for the purposes designated herein: PROVIDED, HOWEVER, That all investments shall be made in municipal, county, school or state bonds, general obligation warrants of the city owning such cemetery, or in first mortgages on good and improved real estate.
[ 1933 c 91 § 1; 1909 c 156 § 2; RRS § 3774. FORMER PART OF SECTION: 1909 c 156 § 3 now codified as RCW 68.52.065. Formerly RCW 68.12.060.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.065 - Approval of investments.

RCW 68.52.065
Approval of investments.
All investments shall be approved by the council or legislative body of the city.
[ 1909 c 156 § 3; RRS § 3775. Formerly RCW 68.12.060, part, and 68.12.065.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.070 - Cemetery improvement fund—Management.

RCW 68.52.070
Cemetery improvement fund—Management.
The said city shall, by ordinance, make all necessary rules and regulations concerning the control and management of said fund to properly safeguard the same, but shall in nowise be liable for any of said funds except a misappropriation thereof, and shall not have power to bind the city or said fund for any further liability than whatever net interest may be actually realized from such investments, and shall not be liable to any particular person for more than the proportionate part of such net earnings.
[ 1909 c 156 § 6; RRS § 3778. Formerly RCW 68.12.070.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.080 - Books of account—Audit.

RCW 68.52.080
Books of account—Audit.
Accurate books of account shall be kept of all transactions pertaining to said fund, which books shall be open to the public for inspection and shall be audited by the auditing committee of said city.
[ 1909 c 156 § 5; RRS § 3777. Formerly RCW 68.12.080.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.090 - Establishment authorized.

RCW 68.52.090
Establishment authorized.
Cemetery districts may be established in all counties and on any island in any county, as in this chapter provided.
[ 1971 c 19 § 1; 1957 c 99 § 1; 1953 c 41 § 1; 1947 c 27 § 1; 1947 c 6 § 1; Rem. Supp. 1947 § 3778-150. Formerly RCW 68.16.010.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.100 - Petition—Requisites—Examination.

RCW 68.52.100
Petition—Requisites—Examination.
(1) To form a cemetery district, a petition designating the boundaries of the proposed district by metes and bounds or describing the lands to be included in the proposed district by government townships, ranges, and legal subdivisions, setting forth the object of the formation of the proposed district, and stating that the formation of the proposed district will be conducive to the public welfare and convenience, must be filed with the county auditor of the county in which the proposed district is located, accompanied by an obligation signed by two or more petitioners agreeing to pay the cost of publishing the notice specified in RCW 68.52.120.
(2) The petition must be signed by at least ten percent of the registered voters in the proposed district. However, in counties with only one municipality the petition must be signed by at least ten percent of the registered voters in the proposed district, based on the total vote cast in the most recent county general election.
(3) The county auditor must, within thirty days from the date of filing of the petition, examine the signatures and certify the sufficiency or insufficiency of the petition.
(4) Notwithstanding subsection (3) of this section, in counties with only one municipality the county auditor must examine the signatures and certify the sufficiency or insufficiency of the petition within fifteen days from the date of filing of the petition. If the county auditor certifies that the petition is insufficient, the county auditor must afford the person who filed the petition ten days from that certification to add additional signatures to the petition. The petition must be refiled by the end of that period. Within fifteen days from the date of refiling, the county auditor must examine the signatures and certify the sufficiency or insufficiency of the petition.
(5) The name of any person who signed a petition may not be withdrawn from the petition after it has been filed with the county auditor.
(6) If the petition is found to contain a sufficient number of valid signatures, the county auditor must transmit it, with a certificate of sufficiency attached, to the county legislative authority, which must thereupon, by resolution entered upon its minutes, receive the petition and fix a day and hour when it will publicly hear the petition.
(7) For the purposes of this section, "municipality" means a city or town.
[ 2013 c 167 § 1; 2008 c 96 § 1; 1994 c 223 § 74; 1947 c 6 § 2; Rem. Supp. 1947 § 3778-151. Formerly RCW 68.16.020.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.110 - Hearing—Place and date.

RCW 68.52.110
Hearing—Place and date.
The county legislative authority must conduct a hearing on the petition not less than twenty nor more than forty days from the date of receipt of the petition from the county auditor. The hearing may be completed on the day set for hearing the petition or it may be adjourned from time to time as necessary, but an adjournment may not extend the time for the county legislative authority's determination pursuant to RCW 68.52.140 more than sixty days from the date of receipt of the petition from the county auditor.
[ 2013 c 167 § 2; 1947 c 6 § 3; Rem. Supp. 1947 § 3778-152. Formerly RCW 68.16.030.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.120 - Publication and posting of petition and notice of hearing.

RCW 68.52.120
Publication and posting of petition and notice of hearing.
The text of the petition with the names of petitioners omitted and a notice signed by the clerk of the county legislative authority stating the day, hour, and place of the hearing must be published in three consecutive weekly issues of the official newspaper of the county prior to the date of the hearing. The clerk must also cause a copy of the petition with the names of petitioners omitted, with a copy of the notice attached, to be posted for not less than fifteen days before the date of the hearing in three public places in the proposed district, to be previously designated by him or her and made a matter of record in the proceedings.
[ 2013 c 167 § 3; 2012 c 117 § 319; 1947 c 6 § 4; Rem. Supp. 1947 § 3778-153. Formerly RCW 68.16.040.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.130 - Hearing—Inclusion and exclusion of lands.

RCW 68.52.130
Hearing—Inclusion and exclusion of lands.
At the time and place fixed for the hearing on the petition or at any adjournment thereof, the county legislative authority must hear the petition and receive such evidence as it may deem material in favor of or opposed to the formation of the proposed cemetery district or to the inclusion or exclusion of any lands in the proposed district, but no lands not within the boundaries of the proposed district as described in the petition may be included without a written waiver describing the land, executed by all persons having any interest of record therein, having been filed in the proceedings. No land within the boundaries described in the petition may be excluded from the proposed district.
[ 2013 c 167 § 4; 1947 c 6 § 5; Rem. Supp. 1947 § 3778-154. Formerly RCW 68.16.050.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.140 - Formation of district and election of first commissioners.

RCW 68.52.140
Formation of district and election of first commissioners.
(1) After conducting the hearing on the petition, if the county legislative authority determines that the formation of the proposed cemetery district will be conducive to the public welfare and convenience, the county legislative authority must by resolution so declare, otherwise the county legislative authority must deny the petition.
(2) If the county legislative authority finds in favor of the formation of the proposed district, the county legislative authority must designate the name and number of the proposed district, fix the boundaries of the proposed district, and cause an election to be held in the proposed district to determine whether the proposed district will be formed under the provisions of this chapter, and to elect the first cemetery district commissioners.
(3) Three cemetery district commissioners must be elected at the election to determine whether the proposed district will be formed, but the election of the commissioners is null and void if the district is not formed. No primary will be held for the office of cemetery district commissioner. A special filing period must be opened as provided in RCW 29A.24.171 and 29A.24.181. Candidates must run for specific commissioner positions. The person receiving the greatest number of votes for each commissioner position is elected to that position. The terms of office of the initial commissioners are as provided in RCW 68.52.220.
[ 2013 c 167 § 5; 1996 c 324 § 3; 1994 c 223 § 75; 1982 c 60 § 2; 1947 c 6 § 6; Rem. Supp. 1947 § 3778-155. Formerly RCW 68.16.060.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.150 - Election, how conducted—Notice.

RCW 68.52.150
Election, how conducted—Notice.
Except as otherwise provided in this chapter, the election must insofar as possible be called, noticed, held, conducted, and canvassed in the same manner and by the same officials as provided by law for special elections in the county. The notice of election must: State generally and briefly the purpose of the election; describe the boundaries of the proposed cemetery district; list the names of the candidates for first cemetery district commissioners; and specify the election date.
[ 2013 c 167 § 6; 1947 c 6 § 7; Rem. Supp. 1947 § 3778-156. Formerly RCW 68.16.070.]
NOTES:
Elections: Title 29A RCW.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.155 - Conformity with election laws—Exception—Vacancies.

RCW 68.52.155
Conformity with election laws—Exception—Vacancies.
Cemetery district elections shall conform with general election laws, except that there shall be no primary to nominate candidates. All persons filing and qualifying shall appear on the general election ballot and the person receiving the largest number of votes for each position shall be elected.
A vacancy on a board of cemetery district commissioners shall occur and shall be filled as provided in chapter 42.12 RCW.
[ 1996 c 324 § 4; 1994 c 223 § 73.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.160 - Election ballot.

RCW 68.52.160
Election ballot.
The ballot for the election shall be in such form as may be convenient but shall present the propositions substantially as follows:
". . .(insert county name). . . cemetery district No. . . .(insert number). . .
. . .Yes. . .
. . .(insert county name). . . cemetery district No. . . .(insert number). . .
. . .No. . ."
[ 1994 c 223 § 76; 1947 c 6 § 8; Rem. Supp. 1947 § 3778-157. Formerly RCW 68.16.080.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.170 - Canvass of returns—Votes required for district formation.

RCW 68.52.170
Canvass of returns—Votes required for district formation.
(1) The returns of the election must be canvassed following the election, but the canvass may be adjourned from time to time to await the receipt of election returns. Upon conclusion of the canvass, the canvassing officials must certify the results to the county legislative authority.
(2) The cemetery district is formed if two-thirds of all votes cast at the election were in favor of the formation of the proposed district. However, in counties with only one municipality the district is formed if a majority of all votes cast at the election were in favor of the formation of the proposed district.
(3) If the proposition to form the proposed district received the voter approval required under this section, the county legislative authority must by resolution recorded in the county legislative authority's minutes: Declare the district formed under the name and number previously designated; and declare the three candidates receiving the highest number of votes for cemetery district commissioners as the duly elected first commissioners of the district. The clerk of the county legislative authority must certify a copy of the resolution and cause it to be filed for record in the offices of the county auditor and the county assessor of the county. The certified copy may be recorded without payment of a recording fee.
(4) If the proposition to form the proposed district failed to receive the voter approval required under this section, the county legislative authority must record in the county legislative authority's minutes the failed vote, and all proceedings relating to the proposed district are null and void.
(5) For the purposes of this section, "municipality" means a city or town.
[ 2013 c 167 § 7; 1947 c 6 § 9; Rem. Supp. 1947 § 3778-158. Formerly RCW 68.16.090.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.180 - Review—When district formation is complete.

RCW 68.52.180
Review—When district formation is complete.
(1) Any person, firm, or corporation having a substantial interest involved, and feeling aggrieved by any finding, determination, or resolution of the county legislative authority under the provisions of this chapter, may appeal within five days after the finding, determination, or resolution was made to the superior court of the county in the same manner as provided by law for appeals from orders of the county legislative authority.
(2) After the expiration of five days from the date of the resolution declaring the district formed, and upon filing of certified copies of the resolution in the offices of the county auditor and county assessor, the formation of the cemetery district is complete and its legal existence may not thereafter be questioned by any person by reason of any defect in the proceedings for the formation of the cemetery district.
[ 2013 c 167 § 8; 1947 c 6 § 10; Rem. Supp. 1947 § 3778-159. Formerly RCW 68.16.100.]
NOTES:
Appeals from action of board of county commissioners: RCW 36.32.330.
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.185 - Ballot proposition authorized for district formation.

RCW 68.52.185
Ballot proposition authorized for district formation.
A county legislative authority may, by ordinance or resolution, provide for a ballot proposition to form a cemetery district. When proposed by ordinance or resolution of the county legislative authority, a ballot proposition shall designate the boundaries of the proposed district by metes and bounds or describing the lands to be included in the proposed district by government townships, ranges, and legal subdivisions. The ballot proposition authorizing the formation of a cemetery district shall be submitted to the voters residing within the proposed district consistent with the provisions of this chapter.
[ 2008 c 96 § 2.]
2023 Revised Code of Washington › Title 68 - Cemeteries, Morgues, and Human Remains › Chapter 68.52 - Public Cemeteries and Morgues. › 68.52.190 - General powers of district.

RCW 68.52.190
General powers of district.
Cemetery districts created under this chapter shall be deemed to be municipal corporations within the purview of the Constitution and laws of the state of Washington. They shall constitute bodies corporate and possess all the usual powers of corporations for public purposes. They shall have full authority to carry out the objects of their creation, and to that end are empowered to acquire, hold, lease, manage, occupy and sell real and personal property or any interest therein; to enter into and perform any and all necessary contracts; to appoint and employ necessary officers, agents and employees; to contract indebtedness, to borrow money, and to issue general obligation bonds in accordance with chapter 39.46 RCW; to levy and enforce the collection of taxes against the lands within the district, and to do any and all lawful acts to effectuate the purposes of this chapter.
[ 1984 c 186 § 58; 1967 c 164 § 6; 1947 c 6 § 11; Rem. Supp. 1947 § 3778-160. Formerly RCW 68.16.110.]
NOTES:
Purpose—1984 c 186: See note following RCW 39.46.110.
Purpose—Severability—1967 c 164: See notes following RCW 4.96.010.
Tortious conduct of local governmental entities: RCW 4.96.010.