A
Senate Bill No. 339
(By Senators Helmick, Prezioso, Ross, Schoonover, Sharpe,
White, Plymale, Craigo, Anderson and Sprouse)
____________
[Introduced March 14, 1997; referred to the Committee
on the Judiciary; and then to the Committee on Finance .]
____________
A BILL to amend article one, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section twelve- a, relating to providing funerals for indigent persons;
filing of affidavit required; penalties for persons filing
falsely; penalties for persons charging more than the
statutory allowance for funeral expenses; and appropriation
to state division of health.
Be it enacted by the Legislature of West Virginia:
That article one, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twelve-a, to read as follows:
ARTICLE 1. STATE BUREAU OF PUBLIC HEALTH.
§16-1-12a. Funeral expenses for indigent persons; filing of
affidavit to certify indigency; penalties for false statements; penalties for charging in excess of statutory amount for funeral expenses; appropriation.
(a) The state division of health shall pay for reasonable
funeral expense for indigent persons, in an amount not to exceed
one thousand dollars. For purposes of this section, the
indigency of a deceased person is determined by:
(1) The filing of an affidavit with the division, in a form
provided by and determined in accordance with the income
guidelines as set forth by the division, signed by the heir or
heirs-at-law, which states that the estate of the deceased person
is such that it is pecuniarily unable to pay the costs associated
with a funeral; or
(2) The filing of an affidavit with the division, in a form
provided by and determined in accordance with the income
guidelines as set forth by the division, signed by the county
coroner or the county health officer, stating that the deceased
person has no heirs or that heirs have not been located after a
reasonable search, that the deceased person had no estate or the
estate is pecuniarily unable to pay the costs associated with a funeral, and thus the deceased person is declared an indigent
person within the meaning of this section; or
(3) The filing of an affidavit with the division, in a form
provided by and determined in accordance with the income
guidelines as set forth by the division, signed by the attending
physician or other person signing the death certificate, stating
that the deceased person has no heirs or that heirs have not been
located after a reasonable search, that the deceased person had
no estate or the estate is pecuniarily unable to pay the costs
associated with a funeral, and thus the deceased person is
declared an indigent person within the meaning of this section;
or
(4) The filing of an affidavit with the division, in a form
provided by and determined in accordance with the income
guidelines as set forth by the division, signed by the state
medical examiner, stating that the deceased person has no heirs
or that heirs have not been located after a reasonable search,
that the deceased person had no estate or the estate is
pecuniarily unable to pay the costs associated with a funeral,
and thus the deceased person is declared an indigent person
within the meaning of this section.
(b) If any person swears falsely in an affidavit required by
this section, and represents the deceased person to be an
indigent person when in fact the estate of the deceased person is pecuniarily able to pay reasonable funeral expenses, defined for
purposes of this section as an amount not to exceed one thousand
dollars, then that person shall be guilty of a misdemeanor and,
upon conviction thereof, shall be fined three thousand dollars or
confined in jail for a definite term of confinement of twelve
months, or both.
(c) Payment shall be made by the division to the person or
persons who have furnished the services and supplies for the
indigent person's funeral expenses, or to the persons who have
advanced payment for same, as the division may deem proper.
(d) A funeral director, or any person who furnished the
services and supplies associated with the funeral expenses, or a
person who has advanced payment for same, is prohibited from
making any charge or charges against the indigent's dependents
for funeral expenses which would result in a total charge for
funeral expenses in excess of the amount fixed by this section.
(e) Any person who knowingly and willfully seeks or receives
payment of funeral expenses in excess of the amount fixed by the
division is guilty of a misdemeanor and, upon conviction thereof,
shall be fined three thousand dollars or confined in jail for a
definite term of confinement of twelve months, or both.
(f) The Legislature shall appropriate funds sufficient to
cover the costs associated with the funeral expenses of indigent
persons, as provided in this section, in a separate line item in the budget.
(g) The director of the division of health is authorized to
propose rules for legislative promulgation pursuant to article
three, chapter twenty-nine-a of this code to effectuate the
purposes of this section.
NOTE: The purpose of this bill is to require the division of
health to pay up to $1000 for funeral expenses for indigent
persons. The bill sets requirements for declaring in an
affidavit that a deceased person is indigent for purposes of this
section. Penalties are set forth for false swearing under this
section. The bill also sets penalties for persons who charge in
excess of the cap set for funeral expenses for indigents.
Furthermore, the bill mandates that the Legislature appropriate
funds to a separate line item to cover the costs of indigent
burial.
This section is new; therefore strike-throughs and
underscoring have been omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
