H. B. 2452



(By Delegate Givens, Flanigan, Yeager, Manuel, H. White, Coleman
and Fletcher)



[Introduced
February 22, 2001
; referred to the



Committee on Veterans' Affairs then 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
nine, relating to cemeteries; prohibiting any cemetery from
charging more than two hundred fifty dollars to set a United
States veterans' affairs grave marker; and requiring
cemeteries to set the markers.
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 nine,
to read as follows:
ARTICLE 5. CEMETERIES.
§35-5-9. Charges for setting United States veterans' affairs

grave markers.
No public or private cemetery may deny a request to set a
United States department of veterans' affairs grave marker at the
grave of a deceased United States armed forces veteran. The
cemetery may not charge more than two hundred fifty dollars for
setting the marker, except that the cemetery may charge a
reasonable additional fee for installation off the premises. The
fee may be periodically adjusted to meet cost-of-living increases
at the discretion of the director of the state division of
veterans' affairs.
NOTE: The purpose of this bill is to prohibit public and
private cemeteries from charging more than two hundred fifty
dollars for setting a United States department of veterans' affairs
grave marker at the grave of a deceased United States armed forces
veteran within the cemetery.
This section is new; therefore, strike-throughs and
underscoring have been omitted.