COMMITTEE SUBSTITUTE
FOR
H. B. 2054
(By Delegates Bennett, Varner, Everson and Linch)
(Originating in the House Committee on the Judiciary)
[February 16, 1995]
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; and prohibiting a person or
entity from charging more than one hundred twenty percent of
actual cost to set a United States memorial affairs' grave
marker within a cemetery.
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 memorial affairs'
grave markers.
A person or entity may no
t charge more than one hundred
twenty percent of the actual cost for setting a United States
department of memorial affairs' grave marker at the grave of a deceased veteran. Nothing herein shall prevent a person or
entity from charging an additional fee, not to exceed the actual
cost, for providing and installing a granite, marble or other
base upon which to mount the grave marker.
NOTE: The purpose of this bill is to prohibit public and
private cemeteries, and other persons or entities from charging
the survivor of a veteran of the United States armed forces more
than the actual cost plus twenty percent to set a United States
department of memorial affairs' grave marker.