2014 Delaware Code
Title 29 - State Government
CHAPTER 79A. CEMETERY REGISTRATION AND DISTRESSED CEMETERY FUND
§ 7904A. Powers and duties
The Cemetery Board shall have authority to:
(1) Promulgate rules and regulations necessary to implement this chapter;
(2) Designate the registration form to be used by all registrants;
(3) Administer the Distressed Cemetery Fund;
(4) Designate the form to be submitted by applicants for assistance from the Fund;
(5) Designate a cemetery as "distressed" based on standards set forth herein and in the rules and regulations;
(6) Authorize payment to a distressed cemetery from the Fund. Decisions can be conditional but the conditions must be related to the specific project in question;
(7) Require a thorough accounting of each recipient's use of money from the Fund;
(8) Receive and forward to appropriate agencies of the State, or other organizations, complaints from any person relating to a Delaware cemetery;
(9) Address specific cemetery issues as requested by the Governor or the General Assembly.
76 Del. Laws, c. 317, § 1; 79 Del. Laws, c. 116.;
§ 7905A Records.
The Department shall keep a register of cemeteries in this State and records relating to meetings of the Board.
76 Del. Laws, c. 317, § 1.;
§ 7906A Registration required.
All cemetery companies and cemetery owners in this State shall register every 5 years or upon change of ownership with the Cemetery Board and pay the registration fee determined by Department of Health and Social Services in an amount that approximates and reasonably reflects the costs necessary to defray the expenses of the Board. A volunteer may register an abandoned cemetery.
76 Del. Laws, c. 317, § 1; 79 Del. Laws, c. 116.;
§ 7907A Distressed Cemetery Fund.
(a) The Distressed Cemetery Fund is funded by adding $2.00 to the fee established in § 3132 of Title 16 for each copy of a certificate of death. Individuals and organizations may also make contributions or bequests to the Fund.
(b) Administrative support shall be provided by the Division of Public Health of the Department of Health and Social Services.
(c) The Distressed Cemetery Fund must be audited annually by the State Auditor's Office.
76 Del. Laws, c. 317, § 1.;
