Senate Bill No. 327
(By Senators Hunter, Minard, Unger, Stollings, Prezioso, Jenkins
and Kessler)
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[Introduced January 24, 2008; referred to the Committee on
Military; and then to the Committee on Finance.]
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A BILL to amend and reenact §24F-1-2 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §24F-1-7, all relating to payment of
veterans' grave markers not provided by the United States
government.
Be it enacted by the Legislature of West Virginia:
That §24F-1-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §24F-1-7, all to read as follows:
ARTICLE 1. VETERANS' GRAVE MARKERS.
§24F-1-2. Powers and duties.
(a) In addition to its other powers and duties, the Public
Service Commission may determine, establish and modify, in a manner
that it considers appropriate, the fees and total charges imposed by cemeteries and companies that set and install memorial monument
markers for the setting of United States Department of Veterans'
Affairs grave markers at the graves of deceased United States Armed
Forces veterans.
If the commission establishes fees and total charges as
authorized by this section, it shall establish:
(1) A maximum fee schedule to be designated "the regional
permanent endowment care fund" which represents the costs to a
cemetery for the perpetual care of the grave marker; and
(2) A maximum fee schedule to be designated as "the regional
installation fees" which represents the costs of installation of
the veteran grave marker.
Any fees established under this section shall consider
regional market forces and may consider classes of veterans'
markers or any other relevant conditions. The fees described in
this section, when added together, shall be designated as the
"total charges" permitted for the installation of a veteran's
affairs memorial marker. No other fees, charges or other costs may
be assessed to the veteran's estate or family for the installation
or maintenance of the veteran's grave marker.
(b) Any fees and total charges established by the Public
Service Commission
may only apply to the installation of memorial
markers that are provided to the veteran without charge by the U.S.
government upon application
or to installation of memorial markers that are paid for or for which the veteran is reimbursed by the
Division of Veterans Affairs as provided in section seven of this
article.
§24F-1-7. Veterans' grave markers to be paid for by "John F.
'Jack' Bennett Fund".
Veterans, or the representatives of deceased veterans, who
apply to the United States government for a veterans' grave marker
without charge and are denied as a result of the passage of 38
U.S.C.A. § 2306, may apply to have the cost of the veterans' grave
marker paid for, or may apply to be reimbursed for the cost of the
veterans' grave marker, with the Division of Veterans Affairs. The
Division of Veterans Affairs shall expend moneys in the "John F.
'Jack' Bennett Fund" as provided in paragraph (A), subdivision
(10), subsection (c), section ten, article twenty-two-a, chapter
twenty-nine.
NOTE:
The purpose of this bill is to pay for veterans' grave
markers where the U.S. government has denied the application of the
veteran.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§24F-1-7 information is new; therefore, strike-throughs and
underscoring have been omitted.