20-17-1029. Cemetery advisory boards — Membership — Organization — Authority.

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 (a) The Governor may create a cemetery advisory board for any cemetery purchased under § 20-17-1006 [repealed] to assist the state and the municipality or county where the cemetery is located in achieving the efficient management, operation, maintenance, and preservation of the cemetery. (b)(1) A cemetery advisory board shall be composed of seven (7) members appointed by the Governor as follows: (A) Three (3) members shall be owners of lots in the cemetery or have demonstrated an interest in the preservation of the cemetery; (B) Three (3) members shall be owners or operators of a licensed cemetery or funeral home in this state; and (C) One (1) member shall be a person actively engaged, by profession or as a volunteer, in activities promoting the historic preservation of cemeteries in the local community. (2)(A) The terms of the members shall be for three (3) years. (B) Members shall serve until their successors are appointed and qualified. (C) The initial members shall draw lots so that three (3) members serve a term of one (1) year, two (2) members serve a term of two (2) years, and two (2) members serve a term of three (3) years. (D)(i) Vacancies for any unexpired term of a member shall be filled in the same manner as the original appointment of the vacating member. (ii) An appointee to fill a vacancy shall serve for the unexpired term and is eligible for reappointment. (3) Members shall biennially elect a chair, a vice chair, and a secretary from the membership, whose duties shall be those customarily exercised by the officers or specifically designated by the cemetery advisory board. (4) No member shall be liable for any damages unless it is made to appear that he or she has acted with corrupt and malicious intent. (5) Members shall serve without compensation. (6) A cemetery advisory board shall meet as often as it deems necessary for the purpose of carrying out its duties under this section. (c) A cemetery advisory board may: (1) Establish itself as a section 501(c)(3) corporation under the Internal Revenue Code of 1986, as it existed on January 1, 2007; (2) Raise private funds for the benefit of the cemetery general fund and the permanent maintenance fund; (3) Recruit volunteers; and (4)(A) Advise the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services and the municipality or county where the cemetery is located concerning long-term goals and plans for efficient cemetery operation and beautification. (B) No policy of a cemetery advisory board relating to long-term goals and plans for efficient cemetery operation and beautification shall be adopted unless the municipality or county where the cemetery is located approves the policy.