Senate Bill No. 718
(By Senators Hunter, Deem, Oliverio, Bailey, Edgell, Caldwell and
Prezioso)
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[Originating in the Committee on Military ;
reported April 2, 2001.]
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A BILL to amend the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new
chapter, designated chapter twenty-four-e, relating to
requiring the public service commission to regulate
transactions between cemeteries and veterans or their
survivors concerning fees for setting of United States
department of veterans' affairs grave markers at the graves of
deceased veterans; legislative findings; exemptions;
enforcement of orders; judicial review; and designation of the
affected cemeteries as outside the purview of utility
regulation.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended by adding thereto a new chapter,
designated chapter twenty-four-e, to read as follows:
CHAPTER 24E. VETERANS' GRAVE MARKERS
ARTICLE 1. REGULATION OF VETERANS' GRAVE MARKER FEES.
§24E-1-1. Legislative findings.
The Legislature further finds that it is in the public
interest to regulate transactions between cemeteries and veterans
in the fees and charges for setting of United States department of
veterans' affairs grave markers at the graves of deceased United
States armed forces veterans by empowering and authorizing the
public service commission to regulate such fees and charges.
The Legislature further finds that the public service commission
is the appropriate agency to determine the reasonable rates to be
charged by these cemeteries for the setting of these markers.
§24E-1-2. Powers and duties.
In addition to its other powers and duties, the
public service commission is authorized to determine, establish,
and modify, in a manner that it deems appropriate, the fees and
charges imposed by cemeteries for the
setting of United States
department of veterans' affairs grave markers at the graves of
deceased United States armed forces veterans.
§24E-1-3. Cemeteries affected by rate regulation for setting of
department of veterans' affairs grave markers.
Unless otherwise exempted in accordance with section six,
article five-a, chapter thirty-five of this code, all cemeteries,
cemetery associations, cemetery companies and perpetual care
cemetery companies, irrespective of how each may be defined in
articles five, five-a and five-b, chapter thirty-five of this code,
fall within the purview of the regulatory powers exercised by the
public service commission in accordance with this chapter.
§24-1-4. Enforcement powers.
The public service commission may compel obedience
to its lawful orders, as issued pursuant to this chapter, by
mandamus or injunction or other proper proceedings in the name of
the state in any circuit court having jurisdiction of the parties
or of the subject matter, or the supreme court of appeals direct,
and the proceedings shall have priority over all pending cases.
§24E-1-5. Review of final orders of commission.
Any party feeling aggrieved by the entry of a final order by
the commission, which order affects that party, may present a
petition in writing to the supreme court of appeals, or to a
judge thereof in vacation, within thirty days after the entry of
such order, praying for the suspension of such final order. The applicant shall deliver a copy of such petition to the secretary
of the commission on or before the date the same is presented to
the court or the judge, and it is the duty of the secretary
promptly to file with the clerk of said court all papers,
documents, evidence and other records constituting the complete
record in the case, or certified copies thereof, as were before
the commission at the time of the entry of the order from which
the appeal is taken. The court or judge shall fix a time for the
hearing on the application, but such hearing, unless by agreement
of the parties, shall not be held sooner than five days after its
presentation; and notice of the time and place of such hearing
shall be forthwith delivered to the secretary of the commission,
so that the commission may be represented at such hearing by one
or more of its members or by counsel. If the court or the judge
after such hearing be of the opinion that a suspending order
should issue, the court or the judge may require bond, upon such
conditions and in such penalty, and impose such terms and
conditions upon the petitioner, as are just and reasonable. The
commission shall file with the court before the day fixed for the
final hearing a written statement of its reasons for the entry of
such order, and after arguments by counsel the court shall decide
the matter in controversy as may seem to be just and right.
§24E-1-6. Cemeteries not regulated as utilities.
No provision of this chapter may be construed to grant the
public service commission the power to regulate an affected
cemetery as a utility.
Note: The purpose of this bill is to require the public service
commission to regulate transactions between cemeteries and
veterans or their survivors for the limited purpose of setting
fees for the placement of United States department of veterans'
affairs grave markers at the graves of deceased veterans.
This chapter is new; therefore strikethroughs and
underscorings have been omitted.