This bill proposes the addition of a new article to the Code of West Virginia, specifically addressing the rights and responsibilities associated with cemeteries and burial grounds. It aims to protect burial rights and lot ownership, ensure continuity in cemetery care, and prevent abandonment or evasion of obligations by cemetery operators. The article outlines definitions related to cemeteries, establishes the right to reasonable interment access, and prohibits certain practices by cemetery operators, such as arbitrarily limiting burial days or retaliating against lot owners. It also emphasizes the importance of maintaining cemetery obligations even in cases of insolvency or abandonment.

Furthermore, the bill grants the Attorney General the authority to petition for receivership of abandoned cemeteries and allows the state to intervene when no responsible party exists to protect and stabilize burial grounds. It establishes a Cemetery Preservation and Emergency Response Fund to support the protection and remediation of cemeteries, and it includes provisions for bonding requirements for multi-cemetery operators. The article also clarifies that actions taken under this bill do not transfer ownership of cemetery property to the state and provides for rulemaking authority to implement its provisions. The bill is set to take effect 90 days after passage.

Statutes affected:
Introduced Version: 37-13B-1, 37-13B-2, 37-13B-3, 37-13B-4, 37-13B-5, 37-13B-6, 37-13B-7, 37-13B-8, 37-13B-9, 37-13B-10, 37-13B-11, 37-13B-12, 37-13B-13, 37-13B-14, 37-13B-15, 37-13B-16, 37-13B-17, 37-13B-18, 37-13B-19