Senate Bill No. 561

(By Senators Hunter, Deem, Ross, Oliverio, Caldwell,

Weeks and Minard)

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[Introduced February 17, 2003; referred to the Committee on Military; and then to the Committee on the Judiciary.]

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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 authorizing 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; setting forth legislative findings; providing for exemptions; authorizing the public service commission to enforce orders; providing for judicial review; and providing that the designation of affected cemeteries is 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 1. VETERANS' GRAVE MARKERS.
§24F-1-1. Legislative findings.
(a) The Legislature finds that it is in the public interest to regulate transactions between cemeteries and veterans in the fees and charges for the setting of United States department of veterans' affairs grave markers at the graves of deceased United States armed forces veterans by authorizing the public service commission to regulate the fees and charges.
(b) 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. Power and duties.
In addition to its other powers and duties, the public service commission may determine, establish and modify, in a manner that it considers 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 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 the order, praying for the suspension of the final order. The applicant shall deliver a copy of the petition to the secretary of the commission on or before the date the petition is presented to the court or the judge and the secretary shall promptly file with the clerk of the court all papers, documents, evidence and other records constituting the complete record in the case, or certified copies of the records that 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 the 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 the hearing shall be immediately delivered to the secretary of the commission so that the commission may be represented at the hearing by one or more of its members or by counsel. If the court or the judge after the hearing is of the opinion that a suspending order should be issued, the court or the judge may require bond, upon such conditions and in such penalty, and impose such terms and conditions upon the petition that 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 the order and after arguments by counsel the court shall decide the matter in controversy.
§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. The bill makes clear that the cemeteries are not being regulated as utilities.

This chapter is new; therefore, strike-throughs and underscoring have been omitted.