WEST virginia legislature
2017 regular session
Introduced
House Bill 3071
By Delegate Summers
[Introduced March 14, 2017;
Referred
to the Committee on Finance.]
A BILL to amend and reenact §9-5-9 and §9-5-18 of the Code of West Virginia, 1931, as amended, all relating to indigent burial; providing for liability of spouses or relatives for certain expenses of an indigent person; eliminating liability of certain persons for support of an indigent person; defining terms; limiting liability of certain persons for funeral expenses of an indigent person; authorizing department to require certain financial information; requiring certain sworn statements regarding ability to pay for funeral services for an indigent person; limiting the total number of indigent funeral services that may be paid for by the Department of Health and Human Resources per year; and requiring cremation under certain circumstances.
Be it enacted by the Legislature of West Virginia:
That §9-5-9 and §9-5-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-9. Liability of relatives for support.
(a) The
relatives of an indigent person, who are of sufficient ability, shall be liable
to support such person in the manner required by the Department of welfare
and to pay for the expenses of burial when he dies any
funeral services provided for the indigent person and paid for by the
department, in the following order:
(1) The spouse.
(1) (2)
The children.
(2) (3)
The father.
(3) (4)
The brothers and sisters.
(4) (5)
The mother.
(b) The commissioner
department may proceed by motion in the circuit court of the county in
which the indigent person may be, against one or more of the relatives liable.
(c) If a
relative so liable does not reside in this state and has no estate or debts due
him or her within the state by means of which the liability can be
enforced against him or her, the other relatives shall be liable as
provided by this section, but a relative shall not be compelled to receive
the indigent person in his own home.
If it appears that a relative liable for the support
funeral expenses of an indigent person is unable wholly to support him, but is
able to contribute toward his support, the court may assess upon the relative
the proportion which he shall be required to contribute either to the past
expense incurred by the Department of welfare or to the future support. The
court may assess the residue upon the relatives in the order of their
liability.
Payment with interest and costs may be enforced by
execution.
(d) The liability of the relative of an indigent person for funeral service expenses created by this section is limited to the amount paid by the department pursuant to the provisions of section eighteen of this article.
(e) For purposes of this section, “spouse” means the person to whom the decedent was legally married or not legally separated at the time of the decedent’s death and who survived the decedent.
§9-5-18. Funeral service expenses for indigent
persons; filing of affidavit and other financial information to certify
indigency; penalties for false swearing; payment by division department.
(a) The Department of Health and Human Resources shall
may pay for reasonable funeral service expenses for indigent
persons who are cremated and $1,250 for those who are or buried
in an amount not to exceed $1,250.
(b) For purposes of this section Prior to
paying for funeral services, the department shall determine the indigency
of a deceased person, is determined by the filing of and whether or
not the deceased’s estate or any of family member who is liable for the funeral
service expenses pursuant to section nine of this article is financially able
to pay, alone or in conjunction, for the funeral service expenses. The
department shall require that an affidavit be filed with the
department, in a form provided by and determined in accordance with the income
guidelines as set forth by the department, as well as any other supporting
financial information the department may require, including, but not limited
to, bank statements and income tax information of the deceased person and the
relatives of the deceased person who are liable for the funeral service
expenses pursuant to section nine of this article. The affidavit must be:
(1) Signed by the heir or heirs-at-law which states relatives
liable for the funeral service expenses and state that the estate of the
deceased person is pecuniarily unable to pay the costs associated with a
funeral, funeral service expenses and that the sole or combined assets
of the relatives liable for the funeral service expenses are not sufficient to
pay for the funeral service expenses; or (2) signed by the county coroner
or the county health officer, the attending physician or other person signing
the death certificate or the state medical examiner stating that the deceased
person has no heirs or that heirs have not been located after a reasonable
search and that the deceased person had no estate or the estate is pecuniarily
unable to pay the costs associated with a funeral.
(c) Payment shall be made by the department to the person or persons who have furnished the services and supplies for the indigent persons funeral service expenses or to the persons who have advanced payment for same, as the department may determine, pursuant to appropriations for expenditures made by the Legislature for such purpose: Provided, That, the department may not pay for more than $2,000 indigent funeral services in any fiscal year.
(d) For purposes of this section, reasonable
“funeral service expenses” means expenses for cremation services
provided by a funeral director for the disposition of human remains: Provided,
That funeral service expenses may also include an alternative funeral service
if the family member otherwise responsible for reimbursement pursuant to
subsection (a), section nine of this article determines that cremation would
have been objectionable to the decedent because of his or her religion or is
otherwise prohibited by federal or state law or regulation.
(e) For purposes of this section, “alternate funeral expenses” means expenses for services provided by a funeral director for the disposition of human remains other than by cremation.
(e) (f)
Any person who knowingly swears falsely in an affidavit required by this
section shall be guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $1,000 or confined in the county or regional jail
for a period of not more than six months, or both.
NOTE: The purpose of this bill is to provide for indigent burials.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.