2740 AMS LCRD S5737.2

HB 2740  - S COMM AMD
     By Committee on Labor, Commerce, Research & Development

     Strike everything after the enacting clause and insert the following:

"Sec. 1   RCW 68.20.010 and 1943 c 247 s 42 are each amended to read as follows:
     It is unlawful for any corporation, copartnership, firm, trust, association, or individual to engage in or transact any of the businesses of a cemetery within this state except by means of a corporation or a limited liability company duly organized for that purpose.

Sec. 2   RCW 68.20.020 and 1983 c 3 s 167 are each amended to read as follows:
     ((Any private corporation authorized by its articles so to do,)) A corporation or limited liability company may establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the ((businesses)) business of a cemetery((, either for or without profit to its members or stockholders. A nonprofit cemetery corporation may be organized in the manner provided in chapter 24.03 RCW. A profit corporation may be organized in the manner provided in the general corporation laws of the state of Washington)) if authorized to do so by its articles of incorporation or its certificate of formation. The corporation may be organized as either a nonprofit or for-profit entity.

Sec. 3   RCW 68.20.050 and 1943 c 247 s 59 are each amended to read as follows:
     ((Unless otherwise limited by the law under which created[,])) Cemetery authorities ((shall in the conduct of their business)) have the same powers granted by law to corporations and limited liability companies in general, including the right to contract ((such pecuniary)) financial obligations ((within the limitation of general law as may be required, and may)) and to secure them by mortgage, deed of trust, or otherwise upon their property."

HB 2740  - S COMM AMD
     By Committee on Labor, Commerce, Research & Development

     On page 1, line 1 of the title, after "cemeteries;" strike the remainder of the title and insert "and amending RCW 68.20.010, 68.20.020, and 68.20.050."

EFFECT:  Clarifies that corporations and limited liability companies may operate cemeteries, and the corporations may be run on a nonprofit or for-profit basis.

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