HB 4480 Text

H. B. 4480

(By Delegate Prezioso)
[Introduced February 15, 1994; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact section three, article five-b, chapter thirty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exempting the sale of burial vaults included in a preneed burial contract which complies with the provisions of article fourteen, chapter forty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended from the provisions of article five-b, chapter thirty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended.

Be it enacted by the Legislature of West Virginia:

That section three, article five-b, chapter thirty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 5B. PRENEED CEMETERY COMPANY PROPERTY, GOODS AND SERVICES; RELATED CONTRACTS.

§ 35-5B-3. Exemptions.

The provisions of this article do not apply to:

(1) Sales of property, goods and services subject to the provisions of article fourteen, chapter forty-seven of this code and to the sale of burial vaults included in a preneed burial contract which complies with the provisions of article fourteen, chapter forty-seven of this code;
(2) Sales of services by perpetual care cemeteries subject to the provisions of article five-a of this chapter;
(3) Sales of property, goods and services by cemeteries owned and operated by a county, municipal corporation, by a church or by a nonstock corporation not operated for profit if the cemetery: (A) Does not compensate any officer or director except for reimbursement of reasonable expenses incurred in the performance of official duties; (B) does not sell or construct or directly or indirectly contract for the sale or construction of vaults or lawn or mausoleum crypts; and (C) uses proceeds from the sale of all graves and entombment rights for the sole purpose of defraying the direct expenses of maintaining the cemetery;
(4) Sales of property, goods and services by community cemeteries not operated for profit if the cemetery: (A) Does not compensate any officer, owner or director except for reimbursement of reasonable expenses incurred in the performance of official duties; and (B) uses the proceeds from the sale of the graves for the sole purpose of defraying the direct expenses of maintaining its facilities; and
(5) Sales of property, goods and services by family cemeteries wherein lots or spaces are not offered for public sale.

NOTE: The purpose of this bill is to exempt persons selling burial vaults as part of preneed burial contracts from the regulation of the preneed cemetery companies provided §35-5B when they comply with the provisions of §47-14 regulating preneed burial contacts.

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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