§ 20-17-1023 - Annual report of condition of cemetery company.
20-17-1023. Annual report of condition of cemetery company.
(a) Within sixty (60) days after the end of the calendar year, each cemetery company shall file with the Arkansas Cemetery Board a report, under oath, of its condition. The report shall contain at least the following information:
(1) The name of the cemetery company, the location of the cemetery, the name of the person in charge of the records of the cemetery company, and the phone number of the company;
(2) The amount of sales of cemetery lots, graves, spaces, mausoleums, crypts, or niches for which payment has been made in full and certificates or deeds of conveyance have been issued during the preceding calendar year;
(3) The amounts paid into the permanent maintenance fund and the income received from the fund during the preceding calendar or fiscal year, including the total amount due the fund whether paid in or not, the amounts due the fund at the date of the report, and the amount expended for maintenance of the cemetery;
(4) The names and addresses of the owners of the cemetery company or the officers and directors of the company and stating any change of control which has occurred during the past fiscal or calendar year, the date of incorporation, and listing the resident agent and office if the cemetery company is a corporation; and
(5) Such other information as the board may by rule or order require.
(b) The report shall be accompanied by:
(1) A filing fee of three hundred twenty-five dollars ($325); and
(2) (A) A fee of seven dollars ($7.00) for each burial sale contract entered into after July 1, 2005, by the cemetery company regardless of the number of spaces sold under the contract regarding plots, crypts, and niches.
(B) (i) The first payment of fees under subdivision (b)(2)(A) of this section shall be due on or before March 1, 2006, and shall be based on the number of contract sales entered into during the period of July 1, 2005, through December 31, 2005.
(ii) Subsequent annual reports shall be based upon contract sales entered into for the previous calendar year.
(c) (1) Failure by the cemetery company to make a timely filing of its annual report shall be grounds for an additional contribution to the permanent maintenance fund of fifty dollars ($50.00) per day until the report is filed with the board.
(2) If the cemetery company refuses to pay the contribution or fees, the board shall institute suit to recover the penalty and fee and costs and such other relief as the state in its judgment deems proper.
(3) If the cemetery company shall fail to meet the requirements of this section, then the board shall apply to the Pulaski County Circuit Court for the proper order to require a report.
(d) The beginning and ending dates of the report shall coincide with the dates of the report of the trustee required in 20-17-1015.
(e) Upon receipt of a properly completed annual report from the trustee and the cemetery company, the board shall issue to the cemetery company an annual operating permit which shall be prominently displayed at the main entrance to the cemetery.