Washington 2019-2020 Regular Session Status: Died 7 D cosponsors

HB 1162 — Concerning human remains.

Last action — By resolution, reintroduced and retained in present status.

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  1. ✓
    Introduced
  2. ✓
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  3. ✓
    Passed House
  4. Died in session

This bill died with 2019-2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The changes to Bill HB 1162 primarily expand the definitions and processes related to the handling of human remains. Most notably, it introduces alternatives to cremation, such as alkaline hydrolysis and natural organic reduction, allowing for different methods of final disposition. This is significant because it offers families more options for honoring their loved ones while potentially being more environmentally friendly than traditional cremation. Additionally, the bill updates regulatory requirements for facilities that perform these new methods, ensuring they operate under appropriate licenses and guidelines.

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H-1532.1SUBSTITUTE HOUSE BILL 1162State of Washington66th Legislature2019 Regular SessionByHouse Consumer Protection & Business (originally sponsored by Representatives Kirby, Vick, Reeves, Stanford, Blake, Walen, Fitzgibbon, Pollet, Macri, and Kloba)READ FIRST TIME 02/08/19.AN ACT Relating to human remains;
H-0667.1HOUSE BILL 1162State of Washington66th Legislature2019 Regular SessionByRepresentatives Kirby, Vick, Reeves, Stanford, Blake, Walen, Fitzgibbon, Pollet, Macri, and KlobaRead first time 01/16/19.Referred to Committee on Consumer Protection & Business.AN ACT Relating to human remains;
prescribing penalties;
and prescribing penalties.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.
and providing an effective date.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.
RCW 68.04.020 and 2005 c 365 s 27 are each amended to read as follows:"Human remains" or "remains" means the body of a deceased person, ((includes the body in any stage of decomposition, and includes cremated human remains))including remains following the process of cremation, alkaline hydrolysis, or natural organic reduction.
RCW 68.04.020 and 2005 c 365 s 27 are each amended to read as follows:"Human remains" or "remains" means the body of a deceased person, includes the body in any stage of decomposition, and includes ((cremated))postreduction human remains.NEW SECTION.  Sec.
This also includes the body in any stage of decomposition.NEW SECTION.  Sec.
A new section is added to chapter 68.04 RCW to read as follows:"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.NEW SECTION.  Sec.
A new section is added to chapter 68.04 RCW to read as follows:"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 chemical agents.NEW SECTION.  Sec.
RCW 68.04.080 and 2005 c 365 s 31 are each amended to read as follows:"Columbarium" means a structure, room, or other space in a building or structure containing niches for permanent placement of ((cremated)) human remains in a place used, or intended to be used, and dedicated, for cemetery purposes.Sec.
RCW 68.04.080 and 2005 c 365 s 31 are each amended to read as follows:"Columbarium" means a structure, room, or other space in a building or structure containing niches for permanent placement of ((cremated))postreduction human remains in a place used, or intended to be used, and dedicated, for cemetery purposes.Sec.
RCW 68.04.120 and 2005 c 365 s 34 are each amended to read as follows:"Inurnment" means placing ((cremated)) human remains in a cemetery.NEW SECTION.  Sec.
RCW 68.04.120 and 2005 c 365 s 34 are each amended to read as follows:"Inurnment" means placing ((cremated))treated human remains in a cemetery.Sec.
A new section is added to chapter 68.04 RCW to read as follows:"Natural organic reduction" means the contained, accelerated conversion of human remains to soil.NEW SECTION.  Sec.
RCW 68.04.170 and 2005 c 365 s 38 are each amended to read as follows:"Niche" means a space in a columbarium for placement of ((cremated))postreduction human remains.Sec.
A new section is added to chapter 68.04 RCW to read as follows:"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.Sec.
RCW 68.04.260 and 2005 c 365 s 43 are each amended to read as follows:"Scattering garden" means a designated area in a cemetery for the scattering of ((cremated))postreduction human remains.Sec.
RCW 68.04.170 and 2005 c 365 s 38 are each amended to read as follows:"Niche" means a space in a columbarium for placement of ((cremated)) human remains.Sec.
RCW 68.04.270 and 2005 c 365 s 44 are each amended to read as follows:"Scattering" means the removal of ((cremated))postreduction human remains from their container for the purpose of scattering the ((cremated human)) remains in any lawful manner.NEW SECTION.  Sec.
RCW 68.04.260 and 2005 c 365 s 43 are each amended to read as follows:"Scattering garden" means a designated area in a cemetery for the scattering of ((cremated)) human remains.Sec.
A new section is added to chapter 68.04 RCW to read as follows:"Recomposition" means the contained, accelerated conversion of human remains to soil.NEW SECTION.  Sec.
RCW 68.04.270 and 2005 c 365 s 44 are each amended to read as follows:"Scattering" means the removal of ((cremated)) human remains from their container for the purpose of scattering the ((cremated human)) remains in any lawful manner.Sec.
A new section is added to chapter 68.04 RCW to read as follows:"Recomposition facility" means a structure, room, or other space in a building or real property where recomposition occurs.NEW SECTION.  Sec.
RCW 68.05.175 and 2009 c 102 s 11 are each amended to read as follows:A ((permit))license or endorsement issued ((by the board or)) 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.Sec.
A new section is added to chapter 68.04 RCW to read as follows:"Reduce," "reduction," or "reducing" means cremate or conduct the process of alkaline hydrolysis or recomposition.NEW SECTION.  Sec.
RCW 68.05.195 and 2005 c 365 s 58 are each amended to read as follows:Any person other than persons defined in RCW 68.50.160 who buries or scatters ((cremated))human remains by land, air, or sea or performs any other disposition of ((cremated)) human remains outside of a cemetery ((shall))must have a permit issued in accordance with RCW 68.05.100 and ((shall be))are subject to that section.Sec.
A new section is added to chapter 68.04 RCW to read as follows:"Reduction facility" means a crematory, an alkaline hydrolysis facility, or a recomposition facility.NEW SECTION.  Sec.
RCW 68.05.205 and 2009 c 102 s 12 are each amended to read as follows:The director with the consent of the board ((shall))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 ((shall))must collect the fees.Sec.
A new section is added to chapter 68.04 RCW to read as follows:"Postreduction human remains" means human remains after reduction.Sec.
RCW 68.05.245 and 2005 c 365 s 64 are each amended to read as follows:(1) All ((crematory)) permits, licenses, or endorsements issued under this chapter ((shall))or chapter 18.39 RCW must be issued for the year and ((shall)) expire at midnight, the thirty-first day of January of each year, or at whatever time during any year that ownership or control of any cemetery authority ((which))that operates such ((crematory))facility is transferred or sold.(2) The director ((shall))must set and the department ((shall))must collect in advance the fees required for licensing.NEW SECTION.  Sec.
RCW 68.05.175 and 2009 c 102 s 11 are each amended to read as follows:A ((permit))license or endorsement issued ((by the board or)) under chapter 18.39 RCW is required in order to operate a ((crematory or conduct a cremation))reduction facility or to reduce human remains.Sec.
RCW 68.05.390 (Permit or endorsement required for cremation—Penalty) and 1987 c 331 s 32 are each repealed.Sec.
RCW 68.05.195 and 2005 c 365 s 58 are each amended to read as follows:Any person other than persons defined in RCW 68.50.160 who buries or scatters ((cremated))postreduction human remains by land, air, or sea or performs any other disposition of ((cremated))postreduction human remains outside of a cemetery ((shall))must have a permit issued in accordance with RCW 68.05.100 and ((shall be))are subject to that section.Sec.
RCW 68.24.010 and 2005 c 365 s 73 are each amended to read as follows:Cemetery authorities may take by purchase, donation, or devise, property consisting of lands, mausoleums, ((crematories))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.Sec.
RCW 68.05.205 and 2009 c 102 s 12 are each amended to read as follows:The director with the consent of the board ((shall))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 ((shall))must collect the fees.Sec.
RCW 68.24.150 and 2005 c 365 s 81 are each amended to read as follows:Every person who pays, causes to be paid, or offers to pay to any other person, firm, or corporation, directly or indirectly, except as provided in RCW 68.24.140, any commission, bonus, or rebate, or other thing of value in consideration of recommending or causing the disposition of human remains in any ((crematory))cremation, alkaline hydrolysis, or natural organic reduction facility or cemetery, is guilty of a misdemeanor.
RCW 68.05.245 and 2005 c 365 s 64 are each amended to read as follows:(1) All ((crematory permits))licenses or endorsements issued under this chapter ((shall))or chapter 18.39 RCW must be issued for the year and ((shall)) expire at midnight, the thirty-first day of January of each year, or at whatever time during any year that ownership or control of any cemetery authority which operates such ((crematory))facility is transferred or sold.(2) The director ((shall))must set and the department ((shall))must collect in advance the fees required for licensing.NEW SECTION.  Sec.
Each violation ((shall)) constitutes a separate offense.Sec.
RCW 68.50.108 and 1953 c 188 s 8 are each amended to read as follows:No dead body upon which the coroner, or prosecuting attorney, if there ((be no))is not a coroner in the county, may perform an autopsy or postmortem, ((shall))may be embalmed ((or cremated))or make final disposition without the consent of the coroner having jurisdiction((, and)).
RCW 68.05.390 (Permit or endorsement required for cremation—Penalty) and 1987 c 331 s 32 are each repealed.Sec.
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RCW 68.24.010 and 2005 c 365 s 73 are each amended to read as follows:Cemetery authorities may take by purchase, donation, or devise, property consisting of lands, mausoleums, ((crematories))reduction facilities, and columbariums, or other property within which the placement of human remains may be authorized by law.Sec.
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RCW 68.24.150 and 2005 c 365 s 81 are each amended to read as follows:Every person who pays, causes to be paid, or offers to pay to any other person, firm, or corporation, directly or indirectly, except as provided in RCW 68.24.140, any commission, bonus, or rebate, or other thing of value in consideration of recommending or causing the disposition of human remains in any ((crematory))reduction facility or cemetery, is guilty of a misdemeanor.
Each violation ((shall)) constitutes a separate offense.Sec.
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RCW 68.50.108 and 1953 c 188 s 8 are each amended to read as follows:No ((dead body))one may embalm or reduce human remains upon which the coroner, or prosecuting attorney, if there ((be no))is not a coroner in the county, may perform an autopsy or postmortem, ((shall be embalmed or cremated)) without the consent of the coroner having jurisdiction((, and)).
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RCW 68.50.110 and 2005 c 365 s 138 are each amended to read as follows:Except in cases of dissection provided for in RCW 68.50.100, and where human remains ((shall))are rightfully ((be)) 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, ((shall))must be decently buried, ((or cremated))undergo cremation, alkaline hydrolysis, or natural organic reduction within a reasonable time after death.Sec.
RCW 68.50.110 and 2005 c 365 s 138 are each amended to read as follows:Except in cases of dissection provided for in RCW 68.50.100, and where human remains ((shall))are rightfully ((be)) 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, ((shall))must be decently buried((,)) or ((cremated))reduced within a reasonable time after death.Sec.
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Disposition of ((cremated)) human remains following cremation, alkaline hydrolysis, or natural organic reduction may also occur on private property, with the consent of the property owner;
Disposition of ((cremated))postreduction human remains may also occur on private property, with the consent of the property owner;
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RCW 68.50.140 and 2005 c 365 s 140 are each amended to read as follows:(1) Every person who ((shall)) removes human remains, or any part thereof, from a grave, vault, or other place where the same has been buried or deposited awaiting ((burial or cremation))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 ((shall)) purchases or receives, except for burial or ((cremation))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 ((shall)) 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.Sec.
RCW 68.50.140 and 2005 c 365 s 140 are each amended to read as follows:(1) Every person who ((shall)) removes human remains, or any part thereof, from a grave, vault, or other place where the same has been buried or deposited awaiting burial or ((cremation))reduction, 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 ((shall)) purchases or receives, except for burial or ((cremation))reduction, 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 ((shall)) 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.Sec.
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The direction of the designated agent is sufficient to direct the type, place, and method of disposition;(c) The surviving spouse or state registered domestic partner;(d) The majority of the surviving adult children of the decedent;(e) The surviving parents of the decedent;(f) The majority of the surviving siblings of the decedent;(g) A court-appointed guardian for the person at the time of the person's death.(4) If any person to whom the right of control has vested pursuant to subsection (3) of this section has been arrested or charged with first or second degree murder or first degree manslaughter in connection with the decedent's death, the right of control is relinquished and passed on in accordance with subsection (3) of this section.(5) If a cemetery authority as defined in RCW 68.04.190 or a funeral establishment licensed under chapter 18.39 RCW has made a good faith effort to locate the person cited in subsection (3)(a) through (g) of this section or the legal representative of the decedent's estate, the cemetery authority or funeral establishment ((shall have))has the right to rely on an authority to bury or ((cremate))make final disposition of the human remains, executed by the most responsible party available, and the cemetery authority(6) The liability for the reasonable cost of preparation, care, and disposition devolves jointly and severally upon all kin of the decedent in the same degree of kindred, in the order listed in subsection (3) of this section, and upon the estate of the decedent.Sec.
The direction of the designated agent is sufficient to direct the type, place, and method of disposition;(c) The surviving spouse or state registered domestic partner;(d) The majority of the surviving adult children of the decedent;(e) The surviving parents of the decedent;(f) The majority of the surviving siblings of the decedent;(g) A court-appointed guardian for the person at the time of the person's death.(4) If any person to whom the right of control has vested pursuant to subsection (3) of this section has been arrested or charged with first or second degree murder or first degree manslaughter in connection with the decedent's death, the right of control is relinquished and passed on in accordance with subsection (3) of this section.(5) If a cemetery authority as defined in RCW 68.04.190 or a funeral establishment licensed under chapter 18.39 RCW has made a good faith effort to locate the person cited in subsection (3)(a) through (g) of this section or the legal representative of the decedent's estate, the cemetery authority or funeral establishment ((shall have))has the right to rely on an authority to bury or ((cremate))reduce the human remains, executed by the most responsible party available, and the cemetery authority or funeral establishment may not be held criminally or civilly liable for burying or ((cremating))reducing the human remains.
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In the event any government agency or charitable organization provides the funds for the disposition of any human remains, the cemetery authority, reduction facility, or funeral establishment may not be held criminally or civilly liable for ((cremating))reducing the human remains.(6) The liability for the reasonable cost of preparation, care, and disposition devolves jointly and severally upon all kin of the decedent in the same degree of kindred, in the order listed in subsection (3) of this section, and upon the estate of the decedent.Sec.
RCW 68.50.170 and 2005 c 365 s 142 are each amended to read as follows:Any person signing any authorization for the interment ((or)), 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 ((be interred or cremated, and his or her authority to order interments or cremation))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.Sec.
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25.
RCW 68.50.185 and 2005 c 365 s 143 are each amended to read as follows:(1) A person authorized to dispose of human remains ((shall))may not ((cremate or cause to be cremated))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 ((cremation))disposition, has been received from the person or persons under RCW 68.50.160 having the authority to order ((cremation))final disposition.
This restriction ((shall))does not apply when equipment, techniques, or devices are employed that keep human remains separate and distinct before, during, and after the ((cremation))final disposition process.(2) Violation of this section is a gross misdemeanor.Sec.
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RCW 68.50.240 and 2005 c 365 s 147 are each amended to read as follows:The person in charge of any premises on which ((interments or cremations))final dispositions are made ((shall))must keep a record of all human remains ((interred or cremated)) on the premises under his or her charge, in each case stating the name of each deceased person, date of ((cremation or interment))final disposition, and name and address of the funeral establishment.Sec.
RCW 68.50.270 and 2005 c 365 s 148 are each amended to read as follows:The person or persons determined under RCW 68.50.160 as having authority to order ((cremation shall be))disposition is entitled to possession of the ((cremated)) human remains without further intervention by the state or its political subdivisions.Sec.
RCW 68.50.170 and 2005 c 365 s 142 are each amended to read as follows:Any person signing any authorization for the interment or ((cremation))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 be interred or ((cremated))reduced, and his or her authority to order interments or ((cremation))reduction.
That person is personally liable for all damage occasioned by or resulting from breach of such warranty.Sec.
RCW 68.50.185 and 2005 c 365 s 143 are each amended to read as follows:(1) A person authorized to dispose of human remains ((shall))may not ((cremate))reduce or cause to be ((cremated))reduced more than one human remains at a time unless written permission, after full and adequate disclosure regarding the manner of ((cremation))reduction, has been received from the person or persons under RCW 68.50.160 having the authority to order ((cremation))reduction.
This restriction ((shall))does not apply when equipment, techniques, or devices are employed that keep human remains separate and distinct before, during, and after the ((cremation))reduction process.(2) Violation of this section is a gross misdemeanor.Sec.
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RCW 68.50.240 and 2005 c 365 s 147 are each amended to read as follows:The person in charge of any premises on which interments or ((cremations))reductions are made ((shall))must keep a record of all human remains interred or ((cremated))reduced on the premises under his or her charge, in each case stating the name of each deceased person, date of ((cremation or)) interment or reduction, and name and address of the funeral establishment.Sec.
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RCW 68.50.270 and 2005 c 365 s 148 are each amended to read as follows:The person or persons determined under RCW 68.50.160 as having authority to order ((cremation shall be))reduction is entitled to possession of the ((cremated))postreduction human remains without further intervention by the state or its political subdivisions.Sec.
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Subject to the terms of the document of gift and this chapter, a person that accepts an anatomical gift of an entire body may allow embalming, burial, ((or cremation))alkaline hydrolysis, natural organic reduction, and use of remains in a funeral service.
Subject to the terms of the document of gift and this chapter, a person that accepts an anatomical gift of an entire body may allow embalming, burial, or ((cremation))reduction, and use of remains in a funeral service.
If the gift is of a part, the person to which the part passes under RCW 68.64.100, upon the death of the donor and before embalming((, burial, or cremation, shall))or final disposition, must cause the part to be removed without unnecessary mutilation.(9) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.(10) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.Sec.
If the gift is of a part, the person to which the part passes under RCW 68.64.100, upon the death of the donor and before embalming, burial, or ((cremation, shall))reduction must cause the part to be removed without unnecessary mutilation.(9) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.(10) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.Sec.
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and(c) Funeral, cremation, alkaline hydrolysis, natural organic reduction as defined in section 7 of this act, cemetery, or other mortuary services.(10) "Host entity" means an entity operating in this state which uses volunteer health practitioners to respond to an emergency.(11) "License" means authorization by a state to engage in health or veterinary services that are unlawful without the authorization.
and(c) Funeral, ((cremation))reduction as defined in section 12 of this act, cemetery, or other mortuary services.(10) "Host entity" means an entity operating in this state which uses volunteer health practitioners to respond to an emergency.(11) "License" means authorization by a state to engage in health or veterinary services that are unlawful without the authorization.
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RCW 70.58.230 and 2009 c 231 s 4 are each amended to read as follows:It ((shall be))is unlawful for any person to inter((,));
RCW 70.58.230 and 2009 c 231 s 4 are each amended to read as follows:It ((shall be))is unlawful for any person to inter, deposit in a vault, grave, or tomb, ((cremate))reduce as defined in section 12 of this act, or otherwise dispose of, or disinter or remove from one registration district to another, or hold for more than three business days after death, the human remains of any person whose death occurred in this state or any human remains which shall be found in this state, without obtaining, from the local registrar of the district in which the death occurred or in which the human remains were found, a permit for the burial, disinterment, or removal of the human remains.
deposit in a vault, grave, or tomb((, cremate,));
perform alkaline hydrolysis or natural organic reduction as defined in section 7 of this act;
or otherwise dispose of, or disinter or remove from one registration district to another, or hold for more than three business days after death, the human remains of any person whose death occurred in this state or any human remains which shall be found in this state, without obtaining, from the local registrar of the district in which the death occurred or in which the human remains were found, a permit for the burial, disinterment, or removal of the human remains.
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RCW 70.58.260 and 2009 c 231 s 7 are each amended to read as follows:It ((shall be))is unlawful for any person in charge of any premises in which bodies of deceased persons are interred, cremated, or otherwise permanently disposed of, to permit the ((interment, cremation))final disposition, or other disposition of any body upon such premises unless it is accompanied by a burial, removal, or transit permit as provided in this chapter.
RCW 70.58.260 and 2009 c 231 s 7 are each amended to read as follows:It ((shall be))is unlawful for any person in charge of any premises in which bodies of deceased persons are interred, cremated, or otherwise permanently disposed of, to permit the interment, ((cremation))reduction as defined in section 12 of this act, or other disposition of any body upon such premises unless it is accompanied by a burial, removal, or transit permit as provided in this chapter.
It ((shall be))is the duty of the person in charge of any such premises to, in case of the interment, cremation, alkaline hydrolysis, natural organic reduction as defined in section 7 of this act, or other disposition of human remains therein, endorse upon the permit the date and character of such disposition, over his or her signature or electronic approval, to return all permits so endorsed to the local registrar of the district in which the death occurred within ten days from the date of such disposition, and to keep a record of all human remains disposed of on the premises under his or her charge, stating, in each case, the name of the deceased person, if known, the place of death, the date of burial or other disposition, and the name and address of the undertaker, which record ((shall))must at all times be open to public inspection, and it ((shall be))is the duty of every undertaker, or person acting as such, when burying human remains in a cemetery or burial grounds having no person in charge, to sign or electronically approve the burial, removal, or transit permit, giving the date of burial, write across the face of the permit the words "no person in charge," and file the burial, removal, or transit permit within ten days with the registrar of the district in which the death occurred.Sec.
It ((shall be))is the duty of the person in charge of any such premises to, in case of the interment, ((cremation))reduction as defined in section 12 of this act, or other disposition of human remains therein, endorse upon the permit the date and character of such disposition, over his or her signature or electronic approval, to return all permits so endorsed to the local registrar of the district in which the death occurred within ten days from the date of such disposition, and to keep a record of all human remains disposed of on the premises under his or her charge, stating, in each case, the name of the deceased person, if known, the place of death, the date of burial or other disposition, and the name and address of the undertaker, which record ((shall))must at all times be open to public inspection, and it ((shall be))is the duty of every undertaker, or person acting as such, when burying human remains in a cemetery or burial grounds having no person in charge, to sign or electronically approve the burial, removal, or transit permit, giving the date of burial, write across the face of the permit the words "no person in charge", and file the burial, removal, or transit permit within ten days with the registrar of the district in which the death occurred.Sec.
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"Pathological waste" does not include teeth, human corpses, remains, and anatomical parts that are intended for ((interment or cremation))final disposition.(f) "Sharps waste" is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.(2) "Local government" means city, town, or county.(3) "Local health department" means the city, county, city-county, or district public health department.(4) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, or local government.(5) "Treatment" means incineration, sterilization, or other method, technique, or process that changes the character or composition of a biomedical waste so as to minimize the risk of transmitting an infectious disease.(6) "Residential sharps waste" has the same meaning as "sharps waste" in subsection (1) of this section except that the sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.(7) "Sharps waste container" means a leak-proof, rigid, puncture-resistant red container that is taped closed or tightly lidded to prevent the loss of the residential sharps waste.(8) "Mail programs" means those programs that provide sharps users with a multiple barrier protection kit for the placement of a sharps container and subsequent mailing of the wastes to an approved disposal facility.(9) "Pharmacy return programs" means those programs where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by a biomedical or solid waste collection company approved by the utilities and transportation commission.(10) "Drop-off programs" means those program sites designated by the solid waste planning jurisdiction where sharps users may dispose of their sharps containers.(11) "Source separation" has the same meaning as in RCW 70.95.030.(12) "Unprotected sharps" means residential sharps waste that are not disposed of in a sharps waste container.Sec.
"Pathological waste" does not include teeth, human corpses, remains, and anatomical parts that are intended for interment or ((cremation))reduction as defined in section 12 of this act.(f) "Sharps waste" is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.(2) "Local government" means city, town, or county.(3) "Local health department" means the city, county, city-county, or district public health department.(4) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, or local government.(5) "Treatment" means incineration, sterilization, or other method, technique, or process that changes the character or composition of a biomedical waste so as to minimize the risk of transmitting an infectious disease.(6) "Residential sharps waste" has the same meaning as "sharps waste" in subsection (1) of this section except that the sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.(7) "Sharps waste container" means a leak-proof, rigid, puncture-resistant red container that is taped closed or tightly lidded to prevent the loss of the residential sharps waste.(8) "Mail programs" means those programs that provide sharps users with a multiple barrier protection kit for the placement of a sharps container and subsequent mailing of the wastes to an approved disposal facility.(9) "Pharmacy return programs" means those programs where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by a biomedical or solid waste collection company approved by the utilities and transportation commission.(10) "Drop-off programs" means those program sites designated by the solid waste planning jurisdiction where sharps users may dispose of their sharps containers.(11) "Source separation" has the same meaning as in RCW 70.95.030.(12) "Unprotected sharps" means residential sharps waste that are not disposed of in a sharps waste container.Sec.
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RCW 70.95M.090 and 2003 c 260 s 10 are each amended to read as follows:Nothing in this chapter applies to crematories as ((that term is)) defined in RCW 68.04.070, alkaline hydrolysis, or natural organic reduction facilities as defined in section 8 of this act.Sec.
RCW 70.95M.090 and 2003 c 260 s 10 are each amended to read as follows:Nothing in this chapter applies to ((crematories as that term is defined in RCW 68.04.070))reduction facilities as defined in section 13 of this act.Sec.
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RCW 18.39.170 and 2005 c 365 s 12 are each amended to read as follows:((There shall be appointed by))The director must appoint an agent whose title ((shall be))is "inspector of funeral establishments, crematories, alkaline hydrolysis, and natural organic reduction facilities, funeral directors, and embalmers of the state of Washington." ((No))A person ((shall be))is not eligible for such appointment unless he or she has been a licensed funeral director and embalmer in the state of Washington, with a minimum experience of not less than five consecutive years.(1) The inspector ((shall))must:(a) Serve at the pleasure of the director;
RCW 18.39.170 and 2005 c 365 s 12 are each amended to read as follows:((There shall be appointed by))The director must appoint an agent whose title ((shall be))is "inspector of funeral establishments, ((crematories,))reduction facilities, funeral directors, and embalmers of the state of Washington." ((No))A person ((shall be))is not eligible for such appointment unless he or she has been a licensed funeral director and embalmer in the state of Washington, with a minimum experience of not less than five consecutive years.(1) The inspector ((shall))must:(a) Serve at the pleasure of the director;
and(b) At all times be under the supervision of the director.(2) The inspector is authorized to:(a) Enter the office, premises, establishment, or place of business, where funeral directing, embalming, ((or cremation))alkaline hydrolysis, or natural organic reduction is carried on for the purpose of inspecting the premises;(b) Inspect the licenses and registrations of funeral directors, embalmers, funeral director interns, and embalmer interns;(c) Serve and execute any papers or process issued by the director under authority of this chapter;
and(b) At all times be under the supervision of the director.(2) The inspector is authorized to:(a) Enter the office, premises, establishment, or place of business, where funeral directing, embalming, or ((cremation))reduction is carried on for the purpose of inspecting the premises;(b) Inspect the licenses and registrations of funeral directors, embalmers, funeral director interns, and embalmer interns;(c) Serve and execute any papers or process issued by the director under authority of this chapter;
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RCW 18.39.217 and 2009 c 102 s 4 are each amended to read as follows:(1) A license or endorsement issued ((by the board or)) under this chapter or chapter 68.05 RCW is required in order to operate a crematory, alkaline hydrolysis, or natural organic reduction facility or conduct a cremation, alkaline hydrolysis, or natural organic reduction.(2) Conducting a ((cremation))final disposition without a license or endorsement is a misdemeanor.
RCW 18.39.217 and 2009 c 102 s 4 are each amended to read as follows:(1) A license or endorsement issued ((by the board or)) under this chapter or chapter 18.39 or 68.05 RCW is required in order to operate a ((crematory))reduction facility or conduct a ((cremation))reduction.(2) Conducting a ((cremation))reduction without a license or endorsement is a misdemeanor.
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This chapter does not prohibit general advertising or the sale of prearrangement funeral service contracts;(2) Solicitation may include employment of solicitors, payment of commission, bonus, rebate, or any form of gratuity or payment of a finders fee, referral fee, or other consideration given for the purpose of obtaining or providing the services for human remains or where death is impending;(3) Acceptance by a licensee, registrant, endorsement, or permit holder or other employee of a funeral establishment of a commission, bonus, rebate, or gratuity in consideration of directing business to a cemetery, crematory, alkaline hydrolysis, or natural organic reduction facility, mausoleum, columbarium, florist, or other person providing goods and services to the disposition of human remains;(4) Using a casket or part of a casket that has previously been used as a receptacle for, or in connection with, the burial or other disposition of human remains without the written consent of the person lawfully entitled to control the disposition of remains of the deceased person in accordance with RCW 68.50.160.
This chapter does not prohibit general advertising or the sale of prearrangement funeral service contracts;(2) Solicitation may include employment of solicitors, payment of commission, bonus, rebate, or any form of gratuity or payment of a finders fee, referral fee, or other consideration given for the purpose of obtaining or providing the services for human remains or where death is impending;(3) Acceptance by a licensee, registrant, endorsement, or permit holder or other employee of a funeral establishment of a commission, bonus, rebate, or gratuity in consideration of directing business to a cemetery, ((crematory))reduction facility, mausoleum, columbarium, florist, or other person providing goods and services to the disposition of human remains;(4) Using a casket or part of a casket that has previously been used as a receptacle for, or in connection with, the burial or other disposition of human remains without the written consent of the person lawfully entitled to control the disposition of remains of the deceased person in accordance with RCW 68.50.160.
This subsection does not prohibit the use of rental caskets, such as caskets of which the outer shell portion is rented and the inner insert that contains the human remains is purchased and used for the disposition, that are disclosed as such in the statement of funeral goods and services;(5) Violation of a state law, municipal law, or county ordinance or regulation affecting the handling, custody, care, transportation, or disposition of human remains, except as provided in RCW 9.97.020;(6) Refusing to promptly surrender the custody of human remains upon the expressed order of the person lawfully entitled to its custody under RCW 68.50.160;(7) Selling, or offering for sale, a share, certificate, or an interest in the business of a funeral establishment, or in a corporation, firm, or association owning or operating a funeral establishment that promises or purports to give to purchasers a right to the services of a licensee, registrant, endorsement, or permit holder at a charge or cost less than offered or given to the public;(8) Violation of any state or federal statute or administrative ruling relating to funeral practice, except as provided in RCW 9.97.020;(9) Knowingly concealing information concerning a violation of this title.NEW SECTION.  Sec.
This subsection does not prohibit the use of rental caskets, such as caskets of which the outer shell portion is rented and the inner insert that contains the human remains is purchased and used for the disposition, that are disclosed as such in the statement of funeral goods and services;(5) Violation of a state law, municipal law, or county ordinance or regulation affecting the handling, custody, care, transportation, or disposition of human remains, except as provided in RCW 9.97.020;(6) Refusing to promptly surrender the custody of human remains upon the expressed order of the person lawfully entitled to its custody under RCW 68.50.160;(7) Selling, or offering for sale, a share, certificate, or an interest in the business of a funeral establishment, or in a corporation, firm, or association owning or operating a funeral establishment that promises or purports to give to purchasers a right to the services of a licensee, registrant, endorsement, or permit holder at a charge or cost less than offered or given to the public;(8) Violation of any state or federal statute or administrative ruling relating to funeral practice, except as provided in RCW 9.97.020;(9) Knowingly concealing information concerning a violation of this title.--- END ---
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This act takes effect May 1, 2020.--- END ---
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Action History

  1. By resolution, reintroduced and retained in present status.

  2. By resolution, reintroduced and retained in present status.

  3. Referred to Appropriations.

  4. Referred to Appropriations.

  5. Scheduled for public hearing in the House Committee on Consumer Protection & Business at 01:30 PM

  6. Scheduled for public hearing in the House Committee on Consumer Protection & Business at 01:30 PM

  7. Minority; without recommendation.

  8. Minority; do not pass.

  9. CPB - Majority; 1st substitute bill be substituted, do pass.

  10. Minority; without recommendation.

  11. Minority; do not pass.

  12. CPB - Majority; 1st substitute bill be substituted, do pass.

  13. Scheduled for public hearing in the House Committee on Consumer Protection & Business at 01:30 PM

  14. First reading, referred to Consumer Protection & Business.

Sponsors

Sponsorship breakdown

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1 sponsors · 9 co-sponsors · 141 not signed on

Sponsors (1)

  • Kirby

Co-sponsors (9)

Not signed on (141)

141 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 1162?
HB 1162 is sponsored by Kirby, Vick, Kristine Reeves (Democrat), Derek Stanford (Democrat), Blake, Amy Walen (Democrat), Joe Fitzgibbon (Democrat), Gerry Pollet (Democrat), Nicole Macri (Democrat), and Shelley Kloba (Democrat).
What is the current status of HB 1162?
This bill died with 2019-2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1162?
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