COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 339
(By Senators Helmick, Prezioso, Ross, Schoonover, Sharpe,
White, Plymale, Craigo, Anderson and Sprouse)
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[Originating in the Committee on the Judiciary;
reported March 27, 1997.]
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A BILL to amend article five, chapter nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
eighteen, relating to requiring the department of health and
human resources to provide payment for funeral expenses for
indigent persons; providing for the filing of an affidavit;
providing for payment from legislative appropriations; and
establishing a criminal penalty for false swearing.
Be it enacted by the Legislature of West Virginia:
That article five, chapter nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eighteen, to read as follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-18. Funeral expenses for indigent persons; filing of
affidavit to certify indigency; penalties for false
swearing; payment by division.
(a) The department of health and human resources shall pay
for reasonable funeral service expenses for indigent persons, in
an amount not to exceed one thousand dollars.
(b) For purposes of this section, the indigency of a deceased
person is determined by the filing of an affidavit with the
department, in a form provided by and determined in accordance
with the income guidelines as set forth by the department: (1)
Signed by the heir or heirs-at-law, which states that the estate
of the deceased person is pecuniarily unable to pay the costs
associated with a funeral; 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 person's funeral 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.
(d) For purposes of this section, "reasonable funeral service
expenses" means expenses for services provided by a funeral
director for the disposition of human remains.
(e) 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 one
thousand dollars or confined in the county or regional jail for
a period of not more than six months, or both.
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(NOTE: The purpose of this bill is to require the division of
human services to pay up to $1000 for funeral expenses for
indigent persons.
This section is new; therefore strike-throughs and
underscoring have been omitted.)
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