ENGROSSED

H. B. 4027


(By Delegates Varner, Everson, Linch, Staton, Rowe, Kiss and

Browning)


[Introduced January 10, 1996; referred to the Committee on the

Judiciary.]




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 one hundred twenty percent of actual cost to set a United States memorial affairs' grave marker within a cemetery; and limiting the charge for installing a grave marker base to actual cost.

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 memorial affairs'
grave markers.

A person or entity may no
t charge more than one hundred twenty percent of the actual cost for setting a United States department of memorial affairs' grave marker at the grave of a deceased veteran. A person or entity may charge an additional fee, not to exceed actual cost, for providing and installing a granite, marble or other base upon which to mount a grave marker provided by the United States department of memorial affairs.

NOTE: The purpose of this bill is to prohibit persons or entities from charging the survivor of a veteran of the United States armed forces more than the actual cost plus twenty percent to set a United States department of memorial affairs' grave marker, and charge no more than actual cost for installing a base for the grave marker.