COMMITTEE SUBSTITUTE

FOR

H. B. 2054


(By Delegates Bennett, Varner, Everson and Linch)

(Originating in the House Committee on the Judiciary)

[February 16, 1995]


A BILL to amend article five, chapter thirty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seven, relating to cemeteries; and prohibiting a person or entity from charging more than one hundred twenty percent of actual cost to set a United States memorial affairs' grave marker within a cemetery.

Be it enacted by the Legislature of West Virginia:
That article five, chapter thirty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section seven, to read as follows:
ARTICLE 5. CEMETERIES.

§35-5

-7. Charges for setting United States memorial affairs'
grave markers.

A person or entity may no
t charge more than one hundred twenty percent of the actual cost for setting a United States department of memorial affairs' grave marker at the grave of a deceased veteran. Nothing herein shall prevent a person or entity from charging an additional fee, not to exceed the actual cost, for providing and installing a granite, marble or other base upon which to mount the grave marker.

NOTE: The purpose of this bill is to prohibit public and private cemeteries, and other persons or entities from charging the survivor of a veteran of the United States armed forces more than the actual cost plus twenty percent to set a United States department of memorial affairs' grave marker.