§ 1201 Established.
There is hereby created and established a Delaware Veterans Memorial Cemetery.
§ 1202 Supervision by Delaware Commission of Veterans Affairs; powers and duties.
The establishment, operation and maintenance of the Delaware Veterans Memorial Cemetery shall be under the supervision of the Delaware Commission of Veterans Affairs which shall have the following powers and duties:
(1) Select an appropriate site for the Cemetery, pursuant to § 1203 of this title;
(2) Acquire, by transfer of title from another state agency, or by purchase, grant, devise or contract, title to such real property as shall be suitable and necessary for the establishment of the Cemetery;
(3) Apply for, receive, accept and expend any money, materials or other aid granted or otherwise provided by local, state or federal governments or by any source, public or private, in accordance with the terms thereof, for the establishment, operation or maintenance of the Cemetery;
(4) Appoint and employ such persons as shall be needed for the proper operation and maintenance of the Cemetery;
(5) Establish criteria for eligibility for burial in the Cemetery, and set fees for the burial of family members, pursuant to § 1204 of this title;
(6) Promulgate rules, following public hearing, governing the administration and operation of the Cemetery;
(7) Prepare an annual report on the operation of the Cemetery which shall be presented to the Governor and to the General Assembly; and
(8) Perform all other powers and functions necessary or appropriate to carry out the purposes and policies of this chapter.
§ 1203 Selection of site.
The site of the Cemetery shall be determined by the Department with the approval of the Delaware Veterans Affairs Committee or its successor. The site shall be convenient to all veterans of the State and shall meet the necessary standards and guidelines established by the United States Administrator of Veterans Affairs for the location of state-owned veterans cemeteries. In selecting the site, preference shall be given to land which is owned by the State. Land for the site may be acquired by purchase only in the event suitable state-owned land is not available.
§ 1204 Eligibility for burial.
(a) The following persons shall be eligible for burial in the Cemetery:
(1) Any veteran or member of the armed forces of the United States (Army, Navy, Air Force, Marine Corps and Coast Guard) who:
a. Dies under honorable conditions while serving on active duty in an armed force of the United States; or
b. Served as an active member of the armed forces of the United States whose service was terminated honorably; and is a resident of Delaware at the time of death or had previously been a resident of Delaware for at least 10 years or was a member of the Delaware National Guard or a reserve unit located within Delaware for at least 20 years; provided, the rules promulgated by the Commission shall make provision for waiving the 10-year residency requirement for compelling reasons;
(2) Any member of the immediate family of a veteran or armed forces member who qualifies for burial, subject to such fees as may be established by the Commission. The Commission shall, by rule, specify members of the immediate family who shall be eligible for burial in the Cemetery;
(3) This section shall also apply to persons who served honorably as a member of the National Guard or reserve forces of the United States, who at the time of death was entitled to retired pay under Chapter 67 of Title 10 U.S.C. or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age; and provided that the Delaware residency or National Guard or reserve service requirements of paragraph (a)(1)b. of this section are met;
(4) The bodies of eligible persons previously buried in other locations may be reinterred in the Cemetery upon the request of anyone legally entitled to make such request; provided, that no cost shall be borne by the State other than that which would be incurred in an original burial.
(b) There shall be no fee charged for any plot and the interment provided to any eligible veteran or member of the armed forces of the United States. The Commission may establish reasonable fees for burial of members of the immediate family of a veteran or armed forces member.
(c) Burial in the Delaware Veterans Memorial Cemetery shall be without regard to race, creed, color, sex or national origin.
(d) This section shall also apply to Merchant Marines who qualify as veterans under § 8720 of Title 29.