COMMITTEE SUBSTITUTE

FOR

H. B. 2107

(By Delegates Seacrist, Yeager, Henderson,

Azinger, Collins and Kuhn)

(Originating in the Committee on the Judiciary)


[April 3, 1997]


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 any cemetery from charging more than two hundred fifty dollars to set a United States veterans' affairs grave marker; requiring cemeteries to set the markers; allowing for increasing for fees charged; and providing for penalties and a special account relating thereto.

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 veterans' affairs grave markers; penalty for noncompliance.

(a) No public or private cemetery may deny a request to set a United States department of veterans' affairs grave marker at the grave of a deceased United States armed forces veteran. The cemetery may not charge more than two hundred fifty dollars for setting the marker except that the cemetery may charge a reasonable additional fee for installation off the premises. The fee may be periodically adjusted to meet cost of living increases at the discretion of the director of the state division of veterans' affairs in accordance with article ten, chapter nine-a of this code.
(b) The penalty for noncompliance with this statute is a civil penalty of no more than two hundred and fifty dollars. The amount of the penalty is to be determined by the veterans' council. A cemetery that has failed to comply with the provisions of this section, shall be given notice by the veterans' council by certified mail setting forth the alleged noncompliance and the possible penalties no less than thirty days before the next regularly scheduled meeting of the veterans' council. The cemetery shall be given the opportunity to address the veterans' council prior to any penalty being imposed.
(c) All moneys collected pursuant to this section shall be deposited in a special account in the state treasury to be known as the "veterans' grave marker fund". Expenditures by the director from this fund, upon his requisition and after appropriation by the Legislature, shall be for the purposes set forth in section one, article one, chapter nine-a of this code and section seven, article five, chapter thirty-five of this code notwithstanding any other provision in this code to the contrary.