Hello all, We all know how important our old cemeteries are. They often bring us closer to our ancestors and give us vital information which is usually considered "primary" evidence in support of a genealogy. All around the country, these old cemeteries, their headstones, and their records are disappearing at an alarming rate. I received word today from Representative Patricia Lantz that our legislation to protect abandoned cemeteries has been introduced and sent to the chairs of the House Judiciary Committee and assigned the number HB 1951. I have been asked by Representative Lantz lantz_pa@leg.wa.gov to be prepared to appear on short notice for a hearing and to have as many concerned citizens as possible attend the hearing (and possibly testify while there). Only two small sentences have been added to current laws in this bill -- this is only the beginning (wait til next year!). I have typed below my signature block the legislation as it would read should it be passed by the House and Senate and signed by the Governor; the additions are in all caps. The reason I chose to only put forward these two small sentences is that time was short and in order to do a "thorough" job, I feel we should introduce a whole new chapter just on abandoned cemeteries and how they are to be protected and preserved. The two sentences added this year are small but should give pause to any judge ruling on disinterrment and removing dedications on older cemeteries. It is my hope that by seeing the word abandoned, it might bring to a judge's mind that a cemetery he may be ruling on might just be an abandoned cemetery and he might want to see ownership proven. Towards that effort, I plan to begin writing articles on the problems of abandoned cemeteries in Washington and around the U.S. We need to broaden lawyers', judges', and the public's knowledge in this area. Other Representatives who have joined Representative Lantz in sponsoring our bill are Representative DeBolt debolt_ri@leg.wa.gov Representative Miloscia miloscia_ma@leg.wa.gov Representative McDonald mcdonald_jo@leg.wa.gov Representative Stensen stensen_mi@leg.wa.gov The Chair of the House Judiciary Committee overseeing the hearing is Representative Mike Carrell carrell_mi@leg.wa.gov The other Chair of the House Judiciary Committee overseeing the hearing is Representative Dow Constantine constant_do@leg.wa.gov I have placed their email addresses here so that you might immediately send them a note telling them your name, address, and that you support the legislation. The more email we can generate, the better. Send one to each and then locate your Representative and Senator at http://dfind.leg.wa.gov/ and send them an email also. Tomorrow there will appear a page at our web site which can be printed, duplicated and handed out to any concerned citizen who does not have email. They should sign the paper and mail it to their State Rep or Senator. If they cannot figure out who that is, be a friend and collect their papers and mail them all in together, or send them to P. O. Box 103, Port Orchard, WA 98366 and we will see to it that they are turned over to one of the sponsors of the bill. As I learn more about the hearing, I will keep you all posted. As usual, please notify anyone you feel might support this issue, and feel free to forward this email to any list which might be interested in preserving our old or abandoned cemeteries in Washington state. If you have questions, please contact me directly. ------------- Andrea D. MacDonald "Andi" andimac@oz.net Washington State Cemetery Association http://www.rootsweb.com/~wapsgs/ Visit ftp://ftp.leg.wa.gov/pub/billinfo/1999-00/house/1950-1974/1951_02111999 to see the new legislation. Here it is also: _______________________________________________ HOUSE BILL 1951 _______________________________________________ State of Washington 56th Legislature 1999 Regular Session By Representatives Lantz, DeBolt, Miloscia, McDonald, Stensen andSantos AN ACT Relating to abandoned cemeteries; and amending RCW 68.24.090 and 68.50.200.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: Sec. 1. RCW 68.24.090 and 1987 c 331 s 34 are each amended to read as follows: Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, unless and until the dedication is removed from all or any part of it by an order and decree of the superior court of the county in which the property is situated, in a proceeding brought by the cemetery authority for that purpose and upon notice of hearing and proof satisfactory to the court: (1) That no interments were made in or that all interments have been removed from that portion of the property from which dedication is sought to be removed. (2) That the portion of the property from which dedication is sought to be removed is not being used for interment of human remains. (3) That notice of the proposed removal of dedication has been given the cemetery board in writing at least sixty days before filing the proceedings in superior court. {+ (4) THAT THE CEMETERY IS NOT CONSIDERED AN ABANDONED CEMETERY AS DEFINED IN RCW 68.60.010. +} Sec. 2. RCW 68.50.200 and 1943 c 247 s 33 are each amended to read as follows: The remains of a deceased person 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. (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 {+ , OR THAT THE CEMETERY IS NOT AN ABANDONED CEMETERY AS DEFINED IN RCW 68.60.010 +}. --- END ---