Prior to the sale or transfer of ownership or control of any cemetery authority or the creation of a new cemetery, any person or entity desiring to acquire such ownership or control or to create a new cemetery shall apply in writing to the board for a new certificate of authority to operate a cemetery. The board shall enter any order deemed necessary for the protection of all endowment care funds and/or prearrangement trust fund during such transfer. As a condition of applying for a new certificate of authority, the entity desiring to acquire such ownership or control must agree to be bound by all then existing prearrangement contracts. Persons and business entities selling and persons and business entities purchasing ownership or control of a cemetery authority shall each verify and attest to an endowment care fund report and/or a prearrangement trust fund report showing the status of such funds on the date of the sale on a written report form prescribed by the board. Such reports shall be considered part of the application for authority to operate. Failure to comply with this section shall be a gross misdemeanor and any sale or transfer in violation of this section shall be void.
RCW 68.05.115
Sale or transfer of cemetery authority or creation of a new cemetery—Penalty for noncompliance.
Applied in 1 court decision — leading case Blue Mountain Memorial Gardens v. Department of Licensing (1999)
Most recently applied in Blue Mountain Memorial Gardens v. Department of Licensing (February 1999)
2005 c 365 s 54; 1987 c 331 s 11; 1979 c 21 s 11; 1973 1st ex.s. c 68 s 17; 1969 ex.s. c 99 s 5
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.