PRINTER'S NO. 1634
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1239
Session of
2015
INTRODUCED BY BARRAR, BAKER, BENNINGHOFF, V. BROWN, COHEN,
D. COSTA, COX, DONATUCCI, DRISCOLL, GIBBONS, GOODMAN,
A. HARRIS, MARSHALL, McNEILL, MILLARD, MOUL, MURT, O'NEILL,
QUIGLEY, RAPP, READSHAW, SACCONE, SAYLOR, SCHWEYER, TALLMAN,
VEREB, WARD AND WATSON, MAY 28, 2015
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MAY 28, 2015
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 98
UNITED STATES VETERANS AFFAIRS GRAVE MARKERS
Sec.
9801. Definitions.
9802. Federal veterans markers and cemeteries.
9803. Fee restrictions for VA grave marker installation.
9804. Complaints.
9805. Sanctions.
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§ 9801. 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.
§ 9802. 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.
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(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.
§ 9803. 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, 2019.
§ 9804. 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. The Adjutant
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General shall notify the commission for the purpose of
investigating the grievance under section 9805 (relating to
sanctions).
§ 9805. 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.
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