General Assembly: 81 (2005 Regular GA) - Chapter 104 - Registration and regulation of interior designers


Published: 2005

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Stricken language would be deleted from and underlined language would be added to present law.

Act 875 of the Regular Session

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State of Arkansas As Engrossed: H3/14/11 1

88th General Assembly A Bill 2 Regular Session, 2011 HOUSE BILL 1486 3

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By: Representative McLean 5

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For An Act To Be Entitled 7

AN ACT TO AMEND ARKANSAS LAW CONCERNING BURIAL 8

ASSOCIATIONS; AND FOR OTHER PURPOSES. 9

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Subtitle 12

TO AMEND ARKANSAS LAW CONCERNING BURIAL 13

ASSOCIATIONS. 14

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17

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SECTION 1. Arkansas Code § 23-78-107(a), concerning offices and 19

employees of the Burial Association Board, is amended to read as follows: 20

(a)(1) The Burial Association Board shall rent or otherwise acquire 21

suitable quarters for an office and employ and fix the duties and the 22

salaries of an executive secretary, two (2) auditors, and such other clerical 23

assistance as may be necessary to carry out the provisions of this chapter. 24

(2) The Executive Secretary of the Burial Association Board 25

shall furnish to the board, at the expense of the board, bond with approved 26

corporate surety in the amount of ten thousand dollars ($10,000), conditioned 27

for his or her faithful application of all funds coming into his or her hands 28

by virtue of his or her office. 29

(3)(2) The board may, if it deems advisable, require other 30

employees to make a good and sufficient corporate bond to the board at the 31

expense of the board in such amount as the board shall determine for the 32

faithful performance of their duties. 33

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SECTION 2. Arkansas Code § 23-78-110 is amended to read as follows: 35

23-78-110. Certificate of authority. 36

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(a) Applications for certificate of authority shall be on forms 1

furnished by the Burial Association Board, and no burial association shall 2

begin operation until the application shall have been approved and 3

certificate of authority shall have been granted by the board. 4

(b) The following documents and information shall be filed with the 5

application for a certificate of authority: 6

(1) Consent to service of process upon the secretary of the 7

applicant; 8

(2) Copy A copy of the proposed form of membership application, 9

membership certificate, bylaws, and contracts for service, merchandise, 10

supplies, and any other data requested by the board; and 11

(3) References as to character, ability, and integrity of the 12

organizers and of any funeral director or embalmer with whom the applicant 13

proposes to contract; 14

(4) An application fee as determined by rule of the board; and 15

(5)(A) Proof of a deposit to the association's mortuary funds in 16

an amount determined by rule of the board. 17

(B) The deposit required under subdivision (b)(5)(A) of 18

this section shall not exceed ten thousand dollars ($10,000). 19

(c) If the board is satisfied that the applicant is qualified and 20

meets the requirements of this chapter, it the board shall issue to the 21

applicant a certificate of authority upon receipt of the sum of five hundred 22

dollars ($500). 23

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SECTION 3. Arkansas Code § 23-78-111(a)(2), concerning burial 25

association license fees, is amended to read as follows: 26

(2) The board shall collect the annual license fee from each 27

burial association that is operating and in good standing on January 1 or 28

before February 15 of the year in which the license fee is payable. 29

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SECTION 4. Arkansas Code § 23-78-120(a) and (b), concerning semiannual 31

reports to the Burial Association Board, are amended to read as follows: 32

(a)(1) Each Using forms provided by the Burial Association Board, each 33

burial association or society licensed in this state shall file a semiannual 34

report showing the actual financial condition of the burial association or 35

society as of June 30 and December 31 of each year on forms provided by the 36

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Burial Association Board. 1

(2) The report shall include documents and information as 2

required by rule of the board. 3

(b)(1)(A) The report required under this section is due as of June 30 4

and December 31 of each year and shall be filed within thirty (30) days from 5

the date upon which it is due. 6

(B) A report is delinquent if: 7

(i) It is due as of June 30, and it is filed with 8

the board after August 15 of the year it is due; or 9

(ii) It is due as of December 31, and it is filed 10

with the board after February 15 of the year next following the year it is 11

due. 12

(2) If a due date under subdivision (b)(1) of this section falls 13

on a weekend or holiday, the report shall be due on the first business day 14

following the weekend or holiday. 15

(3)(A) The board may grant an extension of time to submit a 16

report for good cause. 17

(B) A burial association or society shall file a request 18

for an extension to the board in writing before the due date of the report. 19

(4)(A) A report submitted to the board that omits required 20

documents or information shall not be considered as filed with the board and 21

will be returned to the burial association or society for corrections or 22

completion. 23

(B) A report that omits required documents or information 24

is delinquent if the submission of documents or information to complete the 25

report: 26

(i) Causes a report that is due as of June 30 to be 27

filed with the board after August 15 of the year it is due; or 28

(ii) Causes a report that is due as of December 31 29

to be filed with the board after February 15 of the year next following the 30

year it is due. 31

(5) A burial association or society whose report is delinquent 32

is subject to a financial penalty established by rule of the board. 33

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SECTION 5. Arkansas Code § 23-78-125 is amended to read as follows: 35

23-78-125. Revocation of certificate, license, charter, etc. — Appeal. 36

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(a) Upon the revocation of any certificate of authority, charter, or 1

other authority by the Burial Association Board under any of the provisions 2

of this chapter, the association or person whose certificate of authority, 3

charter, license, or other authority has been revoked shall have the right of 4

appeal from the action of the board revoking the certificate of authority, 5

charter, or other authority to the circuit court of the county in which the 6

burial association may be located. 7

(b) Appeals shall be made in accordance with the Arkansas 8

Administrative Procedure Act, § 25-15-201 et seq. 9

(c) Upon receipt of a notice of appeal, the board shall file with the 10

clerk of the circuit court the decision of the board. The clerk of the 11

circuit court shall then transfer the appeal to the civil docket as in cases 12

of appeal from a justice of the peace. 13

(d) The appeal shall be heard de novo by the court without a jury. 14

(e) Either party shall have the right of appeal to the Arkansas 15

Supreme Court. 16

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/s/McLean 18

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APPROVED: 03/31/2011 21

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