Senate Bill No. 198

(By Senators Bailey, Dittmar and Kimble)

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[Originating in the Committee on Military;

reported January 26, 1995.]

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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; prohibiting a person or entity from charging more than fifty dollars to set a United States memorial affairs grave marker within a cemetery; and exceptions.

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 not charge more than fifty dollars for the initial installation of a United States department of memorial affairs' bronze grave marker in concrete base not to exceed twenty-eight inches by sixteen inches at the grave of a deceased veteran: Provided, That a cemetery may charge a reasonable additional fee for installing the veteran's grave marker off that cemetery premises: Provided, however, That nothing herein shall prevent a person or entity from charging a reasonable additional fee for the provision and initial installation of a base made of other than concrete upon which to mount the grave marker: Provided further, That nothing herein shall prevent a perpetual care cemetery from charging an additional fee for short-term or long-term care for the veteran's memorial grave marker.