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(a) The Governor may create a cemetery advisory board for any cemetery purchased under § 20-17-1006 [repealed] to assist the state and the municipality or county where the cemetery is located in achieving the efficient management, operation, maintenance, and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.
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(b)
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(1) A cemetery advisory board shall be composed of seven (7) members appointed by the Governor as follows:
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(A) Three (3) members shall be owners of lots in the cemetery or have demonstrated an interest in the preservation of the cemetery;
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(B) Three (3) members shall be owners or operators of a licensed cemetery or funeral home in this state; and
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(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.
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(2)
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(A) The terms of the members shall be for three (3) years.
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(B) Members shall serve until their successors are appointed and qualified.
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(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.
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(D)
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(i) Vacancies for any unexpired term of a member shall be filled in the same manner as the original appointment of the vacating member.
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(ii) An appointee to fill a vacancy shall serve for the unexpired term and is eligible for reappointment.
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(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.
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(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.
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(5) Members shall serve without compensation.
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(6) A cemetery advisory board shall meet as often as it deems necessary for the purpose of carrying out its duties under this section.
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(c) A cemetery advisory board may:
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(1) Establish itself as a section 501(c)(3) corporation under the Internal Revenue Code of 1986, as it existed on January 1, 2007;
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(2) Raise private funds for the benefit of the cemetery general fund and the permanent maintenance fund;
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(3) Recruit volunteers; and
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(4)
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(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.
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(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.
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