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.