PRINTER'S NO. 626
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
553
Session of
2015
INTRODUCED BY KAUFFMAN, BOBACK, SACCONE, KORTZ, RAPP, GROVE,
READSHAW, YOUNGBLOOD, A. HARRIS, MARSICO, O'NEILL, PAYNE,
GILLEN, MURT, HARHART, McGINNIS, COHEN, MILLARD, SAYLOR,
EVERETT, HAHN, DeLUCA, JAMES, HICKERNELL, GIBBONS AND
BENNINGHOFF, FEBRUARY 23, 2015
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 23, 2015
AN ACT
Amending the act of July 7, 2006 (P.L.608, No.93), entitled "An
act providing for the display of the American flag,
Commonwealth flag or military flag by residents in a unit
owners association, homeowners association or master
association," providing for the Honor and Remember Flag.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of July 7, 2006 (P.L.608,
No.93), known as the American, Commonwealth and Military Flag
Act, is amended by adding a definition to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Honor and Remember Flag." The Honor and Remember Flag
created by Honor and Remember, Inc.
* * *
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Section 2. Section 3 of the act is amended to read:
Section 3. Display of [American flag, Commonwealth flag and
military flag] flags.
(a) [General rule.--Notwithstanding] Associations.--
(1) Notwithstanding any provision in the association's
declaration, covenants, bylaws, rules, regulations or other
instruments or any construction of any of those instruments
by an association's executive board, an association may not
prohibit the outdoor display of one American flag,
Commonwealth flag [and], military flag or Honor and Remember
Flag by a unit owner on that unit owner's property or
property within the exclusive control of a unit owner or that
portion of an exterior wall directly attached to the unit if
the American flag is displayed in a manner consistent with 4
U.S.C. §§ 4 (relating to pledge of allegiance to the flag;
manner of delivery) through 10 (relating to modification of
rules and customs by President) and a Commonwealth flag [or],
military flag or Honor and Remember Flag is displayed in
accordance with any rules and regulations adopted by the
association.
(2) An association may adopt rules and regulations,
consistent with 4 U.S.C. §§ 4 through 10, regarding the
placement and manner of display of the American flag, and an
association may adopt rules and regulations regarding the
placement and manner of display of a Commonwealth flag [or],
military flag or Honor and Remember Flag. An association may
adopt rules and regulations regarding the location, size and
use of a flagpole but cannot prohibit the use of wall
brackets to display the American flag, Commonwealth flag
[and], military flag or Honor and Remember Flag. The size of
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the American flag, Commonwealth flag [and], military flag or
Honor and Remember Flag to be flown shall not be larger than
five feet by three feet. [In addition, any]
(3) Any rules and regulations adopted by the association
regarding the display of a military flag or Honor and
Remember Flag must permit the flying of such flags, in a
respectful way, on President's Day, Iwo Jima Flag Raising
Day, Vietnam Veterans Day, V-E Day, Armed Forces Day,
Memorial Day, Flag Day, Independence Day, Korean War Veterans
Armistice Day, V-J Day, Patriot's Day, POW/MIA Recognition
Day, Veterans Day, Pearl Harbor Day and the birthday of each
branch of the United States Armed Forces.
(b) Cemetery entity.--
(1) A cemetery entity may not prohibit the outdoor
display of one American flag, Commonwealth flag [and],
military flag or Honor and Remember Flag on lots if the
American flag is displayed in a manner consistent with 4
U.S.C. §§ 4 through 10 and a Commonwealth flag [or], military
flag or Honor and Remember Flag is displayed in accordance
with any rules and regulations adopted by the cemetery
entity.
(2) A cemetery entity may adopt rules and regulations,
consistent with 4 U.S.C. §§ 4 through 10, regarding the
placement and manner of display of the American flag, and a
cemetery entity may adopt rules and regulations regarding the
placement and manner of display of a Commonwealth flag [or],
military flag or Honor and Remember Flag. A cemetery entity
may adopt rules and regulations regarding the size and
location of flags on lots, but such rules or regulations
shall not be used as subterfuge to defeat the purposes of
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this act.
(3) A cemetery entity must permit the flying of military
flags or Honor and Remember Flags, in a respectful way, on
President's Day, Iwo Jima Flag Raising Day, Vietnam Veteran's
Day, V-E Day, Armed Forces Day, Memorial Day, Flag Day,
Independence Day, Korean War Veterans Armistice Day, V-J Day,
Patriot's Day, POW/MIA Recognition Day, Veterans Day, Pearl
Harbor Day and the birthday of each branch of the United
States Armed Forces.
(4) Nothing in this act shall be construed to preclude a
lot owner or his heirs or assigns from limiting or
prohibiting the display of an American flag, Commonwealth
flag [or], military flag or Honor and Remember Flag on a lot.
Section 3. This act shall take effect in 60 days.
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