H. B. 2372
(By Delegates Iaquinta, Longstreth,
Stephens and Azinger)
[Introduced February 13, 2013; referred to the
Committee on Veterans' Affairs and Homeland Security then
the Judiciary.]
A BILL to amend and reenact §30-6-22 of the Code of West Virginia,
1931, as amended, relating to disposition of the remains of a
deceased military service member who dies while serving in the
United States Armed Forces.
Be it enacted by the Legislature of West Virginia:
That §30-6-22 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. BOARD OF EMBALMERS AND FUNERAL DIRECTORS.
§30-6-22. Disposition of body of deceased person; penalty.
(a) No public officer, employee, physician or surgeon, or any
other person having a professional relationship with the deceased,
shall send or cause to be sent to any an embalmer, funeral director
or crematory operator the body of any a deceased without first
inquiring the desires of the next of kin or any persons person who
may be chargeable with the funeral expenses of the deceased. If any
next of kin or person can be found, his or her authority and direction shall be used as to the disposal of the body of the
deceased. The provisions of this subsection are not applicable if
the remains of the decedent are subject to disposition pursuant to
subsection (b) of this section.
___(b) Notwithstanding any provision of this code to the contrary,
a United States Department of Defense Record of Emergency Data Form
(DD Form 93) executed by a declarant who dies while serving in a
branch of the United States Military, as defined in 10 U.S.C. §1481,
constitutes a valid form of declaration instrument and governs the
disposition of the declarant's remains. The person named in the
form as the person authorized to direct disposition of the remains
may arrange for the final disposition of the declarant's last
remains.
___(b) (c) Any A person who violates the provisions of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $500 nor more than $1,000, or
imprisoned not less than ten days nor more than ninety days, or
both.
NOTE: The purpose of this bill is to provide that disposition
of the remains of a deceased military service member who dies while
serving in the United States Armed Forces shall be governed by the
directives in the United States Department of Defense Record of
Emergency Data Form (DD Form 93) executed by the service member.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.
This bill was recommended for introduction and passage during
the 2011 Regular Session by the Select Committee on Veteran's
Affairs.