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Introduced Version House Bill 4314 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4314


(By Delegates Lane, Iaquinta, Longstreth,
Armstead, Walters and Sumner)
[Introduced January 29, 2008; referred to the
Committee on Veterans Affairs and Homeland Security then Finance.]



A BILL to amend and reenact §24F-1-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §24F-1-7, all relating to payment of veterans' grave markers not provided by the United States government.

Be it enacted by the Legislature of West Virginia:
That §24F-1-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §24F-1-7, all to read as follows:
ARTICLE 1. VETERANS' GRAVE MARKERS.
§24F-1-2. Powers and duties.

(a) In addition to its other powers and duties, the Public Service Commission may determine, establish and modify, in a manner that it considers appropriate, the fees and total charges imposed by cemeteries and companies that set and install memorial monument markers for the setting of United States Department of Veterans' Affairs grave markers at the graves of deceased United States Armed Forces veterans.
If the commission establishes fees and total charges as authorized by this section, it shall establish:
(1) A maximum fee schedule to be designated "the regional permanent endowment care fund" which represents the costs to a cemetery for the perpetual care of the grave marker; and
(2) A maximum fee schedule to be designated as "the regional installation fees" which represents the costs of installation of the veteran grave marker.
Any fees established under this section shall consider regional market forces and may consider classes of veterans' markers or any other relevant conditions. The fees described in this section, when added together, shall be designated as the "total charges" permitted for the installation of a veteran's affairs memorial marker. No other fees, charges or other costs may be assessed to the veteran's estate or family for the installation or maintenance of the veteran's grave marker.
(b) Any fees and total charges established by the Public Service Commission may only apply to the installation of memorial markers that are provided to the veteran without charge by the U.S. government upon application or to installation of memorial markers that are paid for or for which the veteran is reimbursed by the Division of Veterans Affairs as provided in section seven of this article.
§24F-1-7. Veterans' grave markers to be paid for by "John F. 'Jack' Bennett Fund".
Veterans, or the representatives of deceased veterans, who apply to the United States government for a veterans' grave marker without charge and are denied as a result of the passage of 38 U.S.C.A. §2306, may apply to have the cost of the veterans' grave marker paid for, or may apply to be reimbursed for the cost of the veterans' grave marker, with the Division of Veterans Affairs. The Division of Veterans Affairs shall expend moneys in the "John F. 'Jack' Bennett Fund" as provided in paragraph (A), subdivision (10), subsection (c), section ten, article twenty-two-a, chapter twenty-nine.



NOTE: The purpose of this bill is to pay for veterans' grave markers where the U.S. government has denied the application of the veteran.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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