PLEASE FORWARD TO ALL WASHINGTON STATE MAILLISTS, ALL GENEALOGICAL SOCIEITES, ALL HISTORICAL SOCIETIES Hello all, Many of you are already aware of new legislation protecting abandoned cemeteries being introduced into the Washington state legislature as HB 1951 by Representative Patricia Lantz (see my original message below). I received word from her yesterday that a hearing has been scheduled for THIS Friday - TWO DAYS FROM NOW! - at 1:30 in Olympia. I am writing to ask if there is anyone out there who will please attend the hearing and speak on the subject. Without the public showing up for this hearing, it will not be approved -- we must have several people there! If you can attend, please let me know. Everyone who wishes may make a statement or submit a handwritten statement to be read after the hearing. Especially interesting testimony would come from anyone who actually attended the Snohomish Cemetery Trial -- Carroll Clark, Evelyn, Glen Grace, Carolyn. I am also especially interested in anyone who successfully restored a cemetery -- Glen Grace, or anyone who is in the process of restoring a cemetery -- Dave Preugschat for one. Also, professional genealogists or genealogists aware of the problems surrounding primary records derived from our old cemeteries would be welcome to testify. Have a statement prepared before you arrive at the hearing. Representative Lantz would like to know how many people will be attendance so please let me know. >From Representative Lantz... Hello Andrea: This message is to advise you that HB 1951, has received a hearing date. It is: Friday, February 26, 1999 1:30pm HHR B - John L. O'Brien Building (The O'Brien Building is the building where my offices are located). Previous e-mail on this subject... > From: Peter M. & Andrea D. MacDonald [mailto:andimac@oz.net] > Sent: Friday, February 12, 1999 7:15 PM > Subject: [WASHINGTON-L] Abandoned Cemetery Legislation > 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/1950-19 > 74/1951_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 --- > >