Senate Bill No. 255

(By Senator Hunter, Edgell, Bailey, Boley, Caldwell, Minard and Oliverio)

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[Originating in the Committee on Military;


reported January 18, 2002.]

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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-f, relating to requiring the public service commission to regulate transactions between cemeteries and veterans or their survivors concerning fees for setting 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-f, to read as follows:
CHAPTER 24F. VETERANS' GRAVE MARKERS
ARTICLE ONE. Veterans' Grave Markers.
 §24F-1-1. Legislative findings.
The Legislature 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.
§24F-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.
§24F-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.
§24F-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.
§24F-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.
§24F-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.