Cemetery Act for Perpetually Maintained Cemeteries


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20-17-1024. Preexisting cemeteries.

 

(a)

All cemetery companies in existence at the time of the passage of this act shall be permitted to continue operation under their present permits except that those cemetery companies which are subject to this subchapter and have not been filing annual reports with the Arkansas Cemetery Board shall, by January 1, 1978, file the following information and shall be subject to the jurisdiction of the board

(1)

The name of the owner and operator of the cemetery and a statement of the form of business organization, that is, corporation, nonprofit corporation, partnership, etc., along with a copy of the articles, bylaws, or applicable organization documents;

(2)

The location and legal description of the cemetery, including a survey and map of the cemetery delineating the lots, plots, pathways, etc.;

(3)

The rules and regulations for the use, care, management, and protection of the cemetery, including a list of lot prices and all charges and assessments made by the cemetery company;

(4)

Details concerning the permanent maintenance trust fund including a copy of the trust agreement, the name of the trustee, the report of the trustee, etc.;

(5)

A copy of the present permit and proof of registration with the Department of Health;

(6)

A fee as the board by rule shall prescribe; 

(7)

A copy of the deed to the present cemetery company conveying land used as a cemetery and copies of any encumbrances, mortgages, etc., or a statement that there are none;

(8)

The name and address of any officers, directors, managers, the degrees of ownership of each, and a statement concerning subsidiaries and affiliates or the organization controlling the cemetery company;

(9)

A statement as to whether there are any mausoleums or similar structures; and

(10)

Any additional information necessary to make the filing complete.

(b)

Failure to file the information shall result in the suspension or revocation of the permit, and the cemetery shall be considered not to be a registered cemetery. Until a new permit to operate a cemetery is obtained, all burials or sales shall be unlawful and the person operating the cemetery or allowing the burials shall be subject to the penalties and remedies set forth in §§ 20-17-1006, 20-17-1012(f), and 20-17-1018.

History.  Acts 1977, No. 352, § 22; A.S.A. 1947, § 82-426.22.