THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BARRAR, DeLUCA, VULAKOVICH, BOYD, CALTAGIRONE, CONKLIN, D. COSTA, COX, CREIGHTON, DAVIS, DeWEESE, EVERETT, FABRIZIO, FLECK, GABLER, GEIST, GIBBONS, GILLEN, GINGRICH, GOODMAN, HAHN, HESS, HICKERNELL, F. KELLER, KILLION, KIRKLAND, KULA, METCALFE, MICOZZIE, MILLER, MOUL, MURPHY, MURT, O'NEILL, PAYNE, PICKETT, PYLE, QUINN, RAPP, REICHLEY, ROCK, SANTARSIERO, SONNEY, STEVENSON, SWANGER, TALLMAN AND TOOHIL, APRIL 25, 2011

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, APRIL 25, 2011  

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania

Consolidated Statutes, providing for the installation of

United States Veterans Affairs grave markers and medallions

in cemeteries; imposing powers and duties upon the Department

of Military and Veterans Affairs and the State Real Estate

Commission; and imposing sanctions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 51 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 95

UNITED STATES VETERANS AFFAIRS GRAVE MARKERS

Sec.

9501.  Definitions.

9502.  Federal veterans markers and cemeteries.

9503.  Fee restrictions for VA grave marker installation.

9504.  Complaints.

9505.  Sanctions.

§ 9501.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Cemetery."  A place for the disposal or burial of deceased

human beings, by cremation or in a grave, mausoleum, vault,

columbarium or other receptacle. The term does not include a

private family cemetery.

"Commission."  The State Real Estate Commission.

"VA marker."  A grave marker offered by the United States

Department of Veterans Affairs free of charge for placement on

the graves of eligible deceased veterans to signify the

decedent's status as a veteran. The term includes the VA upright

headstone in marble or granite, the VA flat marker in bronze,

marble or granite and the VA medallion.

§ 9502.  Federal veterans markers and cemeteries.

(a)  General authorization.--The installment of a VA marker

on the grave of a deceased veteran may not be prohibited by any

cemetery.

(b)  Specific requirements.--

(1)  In cemeteries where the grave of a deceased veteran

is marked by a headstone, whether upright or flat, a

secondary VA flat marker may not be prohibited.

(2)  In cemeteries where an upright headstone is allowed

to mark a grave, the VA upright headstone may not be

prohibited.

(3)  In cemeteries where the grave of a deceased veteran

is marked with a headstone, whether upright or flat, the next

of kin of the deceased veteran shall be permitted to replace

the existing headstone with a VA marker.

(4)  In cemeteries where the grave of a deceased veteran

is marked with a headstone, whether upright or flat, the

installment of a VA medallion onto the headstone may not be

prohibited.

(c)  Construction of chapter.--This chapter shall not be

construed to require a cemetery to change its existing rules

requiring uniform upright headstones and markers or uniform flat

headstones and markers.

(d)  Application.--This chapter is only applicable to bona

fide requests by an eligible applicant for a VA marker.

§ 9503.  Fee restrictions for VA grave marker installation.

(a)  Fees.--The following fee restrictions shall apply to the

installation and care of any VA grave marker:

(1)  If concrete is used as a base for a VA marker, the

installation fee shall not exceed $250.

(2)  If granite is used as a base for a VA marker, the

installation fee shall not exceed $400.

(3)  If a VA upright headstone is installed, the

installation fee shall not exceed $300.

(4)  If a VA medallion is installed on a headstone, the

installation fee shall not exceed $75.

(b)  Scope.--All fees in this section shall be inclusive of

material, installation and perpetual care costs related to the

VA marker.

(c)  Expiration.--This section shall expire June 30, 2015.

§ 9504.  Complaints.

A family or custodian of a deceased veteran with a valid and

reasonable grievance regarding the burial arrangements or

placement of a VA marker that cannot resolve the grievance with

the cemetery may contact the Adjutant General of the department.

The Adjutant General shall notify the commission for the purpose

of investigating the grievance under section 9505 (relating to

sanctions).

§ 9505.  Sanctions.

The commission may investigate a cemetery engaged in a

business relating to cemetery lots, plots or mausoleum spaces,

openings or foundations. If the commission determines that the

cemetery has violated this chapter, the commission may impose a

sanction on the cemetery under section 604 of the act of

February 19, 1980 (P.L.15, No.9), known as the Real Estate

Licensing and Registration Act.

Section 2.  This act shall take effect in 60 days.