Arkansas Code Title 20, Subtitle 2, Chapter 17, Subchapter 10 - Cemetery Act for Perpetually Maintained Cemeteries

• § 20-17-1001 - Title.
  This subchapter may be cited as the "Cemetery Act for Perpetually Maintained Cemeteries".
• § 20-17-1002 - Definitions.
  As used in this subchapter: (1) "Care and maintenance" means the continual maintenance of the cemetery grounds and graves in keeping with a properly...
• § 20-17-1003 - Application of Subchapter -- Exceptions.
  (a) This subchapter applies to all cemeteries and burial grounds located in the State of Arkansas unless the cemetery is owned and operated by:...
• § 20-17-1004 - Arkansas Cemetery Board -- Creation -- Members.
  (a) The Arkansas Cemetery Board is to consist of seven (7) members selected as follows: (1) The Securities Commissioner or his or her designated...
• § 20-17-1005 - Arkansas Cemetery Board -- Proceedings.
  (a) Any action taken by the Arkansas Cemetery Board shall be by the majority vote of the board members who are present at the...
• § 20-17-1006 - Arkansas Cemetery Board -- Powers and Duties.
  The Arkansas Cemetery Board shall have the authority to: (1) (A) Conduct periodic, special, or other examination of a cemetery or cemetery company, including...
• § 20-17-1007 - Examination of Cemetery.
  (a) (1) (A) A cemetery company examined in accordance with § 20-17-1006 shall pay the Arkansas Cemetery Board for the examination: (i) Sixty dollars...
• § 20-17-1008 - Permit -- Application.
  (a) (1) Prior to making application to the Arkansas Cemetery Board for a permit to establish and operate a new cemetery or for the...
• § 20-17-1009 - Permit -- Investigation by Department of Health.
  (a) Upon submission of an application to the Arkansas Cemetery Board for the issuance of a permit for a new cemetery or for an...
• § 20-17-1010 - Permit -- Investigation and Issuance by the Arkansas Cemetery Board.
  (a) If the cemetery company has fully complied with this subchapter and if the Department of Health approves the location of the new cemetery...
• § 20-17-1011 - Permit -- Amendment.
  (a) Whenever it is proposed that any cemetery subject to this subchapter amend its present permit, whether for construction of a mausoleum, reduction of...
• § 20-17-1012 - Permit -- Transfer of Ownership.
  (a) As used in this section, "controlling interest" means the direct or indirect power to direct the management and policies of a perpetual care...
• § 20-17-1013 - Permanent Maintenance Fund Generally.
  (a) (1) (A) The permanent maintenance fund is a trust fund for the purpose of administration, care, and maintenance of the cemetery, including lots,...
• § 20-17-1014 - Permanent Maintenance Fund Trustees.
  (a) The net income from the permanent maintenance fund shall only be used for general maintenance, administration, and preservation of the perpetual care cemetery.(b)...
• § 20-17-1015 - Permanent Maintenance Fund -- Annual Report.
  (a) (1) Within seventy-five (75) days after the end of each calendar year, the Arkansas Cemetery Board shall require the trustee of the permanent...
• § 20-17-1016 - Permanent Maintenance Fund -- Required Deposits.
  (a) Unless a greater amount is established by rule of the Arkansas Cemetery Board under § 20-17-1006(10), a cemetery company shall deposit into its...
• § 20-17-1017 - Permanent Maintenance Fund -- Voluntary Contributions.
  The permanent maintenance fund may also receive, take, and hold therefor and as part thereof or as incident thereto any real, personal, or mixed...
• § 20-17-1018 - Violations, Criminal Penalties, and Remedies.
  (a) In addition to the civil provisions of this subchapter, it shall be unlawful for any person to: (1) Advertise or operate all or...
• § 20-17-1019 - Conveyance of Lots.
  (a) (1) An instrument conveying all or part of a burial lot or burial plot shall be issued to the purchaser upon full payment...
• § 20-17-1020 - Unlawful Act.
  It shall be unlawful for any cemetery company to bury or inter a body in any path, alley, or walk.
• § 20-17-1021 - Disposition of Contributions and Fees.
  (a) All contributions imposed under this subchapter shall be: (1) Deposited into the respective permanent maintenance fund of the cemetery company upon which the...
• § 20-17-1022 - Records Required.
  (a) All cemetery companies shall make and keep accounts and records which shall indicate that they have made the required contributions to the permanent...
• § 20-17-1023 - Annual Report of Condition of Cemetery Company.
  (a) (1) Within seventy-five (75) days after the end of the calendar year, a cemetery company shall file with the Arkansas Cemetery Board a...
• § 20-17-1024 - [Repealed.]
• § 20-17-1025 - Protection of Cemeteries -- Power to Lend.
  (a) On August 1, 2001, the Arkansas Cemetery Board shall segregate one hundred eighty thousand dollars ($180,000) within its general operating fund to be...
• § 20-17-1026 - Annual Permit Fee.
  (a) By March 1 of each year, each permit holder shall pay to the Arkansas Cemetery Board a permit renewal fee in the amount...
• § 20-17-1027 - Duties of State Securities Department.
  (a) The State Securities Department shall assist the Arkansas Cemetery Board in the performance of its duties.(b) Assistance under subsection (a) of this section...
• § 20-17-1028 - Contracts With Municipality or County Where a Cemetery is Located.
  (a) (1) The Arkansas Cemetery Board may contract with the municipality or county where a cemetery is located for the care and maintenance and...
• § 20-17-1029 - Cemetery Advisory Boards -- Membership -- Organization -- Authority.
  (a) The Governor may create a cemetery advisory board for any cemetery purchased under § 20-17-1006 to assist the state and the municipality or...
• § 20-17-1030 - Infant Interment Gardens.
  (a) A cemetery company may maintain an infant interment garden if: (1) The cemetery company provides the Arkansas Cemetery Board a letter of intent...

Last modified: November 15, 2016