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20-17-1030. Infant interment gardens.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-1030. Infant interment gardens.
(a) A cemetery company may maintain an infant interment garden if:
(1) The cemetery company provides the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a letter of intent to establish an infant interment garden and a map of the location for the infant interment garden;
(2) The infant interment garden is made available to the public and to existing families and property owners of the permitted cemetery on a nondiscriminatory basis;
(3) No charge is made to the family, next of kin, or any agency for the space, interment, and opening and closing services;
(4) The infant interment garden complies with the rules and regulations of the cemetery on file with the board; and
(5) The conveyance and recordkeeping requirements of §§ 20-17-1019 and 20-17-1022 are satisfied for each interment in the infant interment garden.
(b) An infant interment garden that complies with this section is not subject to the deposit requirements of § 20-17-1016.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-1030
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-17-1030
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6037571d546d871e58848c8fb51e018d23ba0ebf25a6be25b32a7d5150ff2268
Source location: content.xml paragraph 16524
Stored source content
20-17-1030. Infant interment gardens.
(a) A cemetery company may maintain an infant interment garden if:
(1) The cemetery company provides the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services a letter of intent to establish an infant interment garden and a map of the location for the infant interment garden;
(2) The infant interment garden is made available to the public and to existing families and property owners of the permitted cemetery on a nondiscriminatory basis;
(3) No charge is made to the family, next of kin, or any agency for the space, interment, and opening and closing services;
(4) The infant interment garden complies with the rules and regulations of the cemetery on file with the board; and
(5) The conveyance and recordkeeping requirements of §§ 20-17-1019 and 20-17-1022 are satisfied for each interment in the infant interment garden.
(b) An infant interment garden that complies with this section is not subject to the deposit requirements of § 20-17-1016.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-1016. Permanent maintenance fund — Required deposits.
(a) Unless a greater amount is established by rule of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, a cemetery company shall deposit into its permanent maintenance fund a sum not less than:
(1) Twenty percent (20%) of the gross proceeds from the sale of a lot or grave space in its cemetery; and
(2) Five percent (5%) of the gross proceeds from the sale of a mausoleum crypt, lawn crypt, niche, or other similar entombment in its cemetery.
(b)(1) The deposit shall be made by the cemetery company not later than forty-five (45) days after the final payment has been made.
(2) However, any cemetery company making sales on installment sales contracts shall deposit the required percentage in accordance with the following:
(A) If the cemetery company receives installment payments directly and if adequate records are maintained as to the full amount of sale, the receipts received, and the balance due, then the cemetery company shall deposit the required percentage of gross proceeds of sale into the permanent maintenance fund not later than the forty-fifth day after the final payment is made, or the cemetery company may deposit the required percentage of each amount received not later than the forty-fifth day after each installment payment by the purchaser; and
(B)(i) If the cemetery company elects to discount the installment sales contracts at a bank or other financial institution and receive a discounted value immediately in cash, the required percentage of the gross sales price shall be placed in a separate restricted escrow account at the time that the contract is discounted.
(ii) The amount so placed in escrow shall not be withdrawn until the lot purchaser defaults on
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-1016
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-1016. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 of the purchase price of the burial lot or burial plot.
(2) The cemetery company shall not use an instrument to convey a burial lot or burial plot unless the form of the instrument has been provided to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
(b) Only the cemetery company or its agents may sell or convey all or part of lots, grave spaces, crypts, or niches except that:
(1) The owner of all or part of a lot, grave space, niche, or crypt may sell his or her interest in a lot, grave space, crypt, or niche if:
(A) The lot, grave space, crypt, or niche is first offered in writing to the cemetery company at the purchase price then being charged by the cemetery company for similar lots; and
(B) The cemetery company refuses the offer within thirty (30) days after the offer is made; and
(2) An owner may convey or devise to the cemetery company his or her interest in a lot, grave space, niche, or crypt.
(c) The secretary or other responsible officer of the cemetery company shall file and record in its books all instruments of transfer.
(d) The instrument of conveyance shall be signed by the persons having proper authority.
(e) A mortgage or lien on cemetery land granted by a permit holder shall not encumber any burial space that has been sold before granting the mortgage or lien.
(f)(1) To ensure that all burial spaces remain unencumbered, the permit holder shall file with the board before executing a mortgage or creating a lien a notarized statement reflecting the specific description of the land to be affected by the mortgage or lien and a waiver or release by t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-1019
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-1019. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 maintenance fund. The burden is upon the cemetery company to maintain the accounts and records.
(b) Unless otherwise approved by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, all sales contracts and deeds issued by the cemetery company shall be numbered before they are executed by the cemetery company and shall contain those items that the board by rule or order prescribes.
(c) A cemetery company shall maintain records of its interments that shall include without limitation:
(1) The name of the interred or entombed;
(2) The date of interment or entombment; and
(3) The location of interment or entombment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-1022
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-1022. This identifies an authority to review, not proof of applicability.