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.