Senate Bill No. 77
(By Senators Bailey, Kimble, Dittmar, Bowman, Whitlow,
Anderson, Chafin, Walker, Sharpe, Ross, Schoonover, Blatnik,
Grubb, Boley, Minear, Deem, Tomblin, Mr. President, Buckalew and
Plymale)
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[Introduced January 16, 1996; referred to the Committee
on Military.]
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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; prohibiting a person or
entity from charging more than fifty dollars to set a United
States memorial affairs grave marker within a cemetery; and
exceptions.
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 Veterans Affairs'
memorial grave markers.
A person or entity may not charge more than fifty dollars for
the initial installation of a United States department of
veterans affairs' memorial bronze grave marker in concrete base
not to exceed twenty-eight inches by sixteen inches at the grave
of a deceased veteran: Provided, That a cemetery may charge a
reasonable additional fee for installing the veteran's grave
marker off that cemetery premises: Provided, however, That
nothing herein shall prevent a person or entity from charging a
reasonable additional fee for the provision and initial
installation of a base made of other than concrete upon which to
the grave marker: Provided further, That nothing herein shall
prevent a perpetual care cemetery from charging an additional fee
for short-term or long-term care for the veteran's memorial grave
marker.
NOTE: The purpose of this bill is to limit the amount that
may be charged for installing a U.S. Department of Veterans
Affairs memorial bronze grave marker at the grave of a deceased
veteran.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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