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                                                       PRINTER'S NO. 896

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 776 Session of 2007


        INTRODUCED BY FAIRCHILD, GRUCELA, SAYLOR, SOLOBAY, GOODMAN,
           BAKER, BARRAR, BASTIAN, BELFANTI, BENNINGHOFF, BOYD, BUXTON,
           CALTAGIRONE, CAPPELLI, CARROLL, COHEN, CONKLIN, COSTA, COX,
           CREIGHTON, CURRY, DALEY, DALLY, DeLUCA, DENLINGER,
           DePASQUALE, EVERETT, FABRIZIO, FRANKEL, FREEMAN, GABIG,
           GEIST, GEORGE, GERGELY, GIBBONS, GRELL, HARHART, HARPER,
           HARRIS, HENNESSEY, HERSHEY, HESS, HICKERNELL, HUTCHINSON,
           M. KELLER, KILLION, KOTIK, KULA, LEACH, MAJOR, MARKOSEK,
           MARSICO, McILHATTAN, MENSCH, METCALFE, MICOZZIE, R. MILLER,
           MOUL, MOYER, MURT, MUSTIO, NAILOR, M. O'BRIEN, O'NEILL,
           PAYNE, PEIFER, PETRARCA, PETRONE, PHILLIPS, PICKETT, PYLE,
           RAPP, REED, REICHLEY, ROAE, RUBLEY, SAINATO, SANTONI,
           SCAVELLO, SCHRODER, SIPTROTH, SONNEY, STERN, R. STEVENSON,
           SURRA, TANGRETTI, TRUE, WALKO, J. WHITE AND YOUNGBLOOD,
           MARCH 19, 2007

        REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
           PREPAREDNESS, MARCH 19, 2007

                                     AN ACT

     1  Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
     2     as amended, "An act relating to counties of the first, third,
     3     fourth, fifth, sixth, seventh and eighth classes; amending,
     4     revising, consolidating and changing the laws relating
     5     thereto; relating to imposition of excise taxes by counties,
     6     including authorizing imposition of an excise tax on the
     7     rental of motor vehicles by counties of the first class; and
     8     providing for regional renaissance initiatives," further
     9     providing for flags and grave markers of certain deceased
    10     service persons.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 1913(a), (f) and (g) of the act of August
    14  9, 1955 (P.L.323, No.130), known as The County Code, amended
    15  July 25, 1975 (P.L.95, No.48), are amended to read:

     1     Section 1913.  Markers for Graves; Headstones.--(a)  The
     2  county commissioners of each county shall, from time to time as
     3  they consider expedient, procure appropriate markers for the
     4  graves of deceased service persons and the graves of all other
     5  deceased persons who served in the Army, Navy, Air Force, Marine
     6  Corps, Coast Guard or Merchant Marine during World War II, or
     7  any organization officially connected therewith and whose
     8  separation from such service was honorable, whether by discharge
     9  or otherwise. Such markers shall be of cast bronze but no board
    10  of commissioners shall be required to discard any markers of
    11  other materials already purchased, whether or not already
    12  installed. No new markers shall, in the future, be purchased of
    13  metal other than cast bronze. Suitable nonmetal substitutes may
    14  be used during periods of national emergency, so proclaimed by
    15  the President of the United States, when all available metals
    16  are required for war materials.
    17     * * *
    18     (f)  The county commissioners of each county are hereby
    19  authorized and directed to place a marker upon the grave of each
    20  deceased service person and the graves of all other deceased
    21  persons who served in the Army, Navy, Air Force, Marine Corps,
    22  Coast Guard or Merchant Marine during World War II, or any
    23  organization officially connected therewith and whose separation
    24  from such service was honorable, whether by discharge or
    25  otherwise, who at the time of his or her death had his or her
    26  legal residence in the county, whether or not he or she died in
    27  the county, and whether or not he or she was buried in the
    28  county, and upon the grave of each deceased service person
    29  buried in the county, who at the time of his or her death did
    30  not have a legal residence within this Commonwealth. When such
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     1  deceased service person shall have been a veteran of any war or
     2  campaign for which the Government of the United States issued
     3  discharge buttons, the markers designated for their graves shall
     4  include a facsimile of said discharge button. When such markers
     5  are upright flag holders they shall consist of cast bronze or
     6  any other weather resistant material. When such deceased service
     7  person shall have been a veteran of the Korean Conflict, the
     8  markers designated for their graves shall include a circular
     9  emblem with the words "Korea, U.S., 1950-1953" in the border
    10  thereof, and shall incorporate the insignia of the Army, Navy,
    11  Marine Corps, Air Force, and Coast Guard, in the form approved
    12  by the State Veterans' Commission.
    13     (g)  It shall be the duty of the county commissioners of each
    14  county, upon or at any time subsequent to the death of any
    15  deceased service person and the graves of all other deceased
    16  persons who served in the Army, Navy, Air Force, Marine Corps,
    17  Coast Guard or Merchant Marine during World War II, or any
    18  organization officially connected therewith and whose separation
    19  from such service was honorable, whether by discharge or
    20  otherwise, who at the time of his or her death had his or her
    21  legal residence in the county, on application as hereinafter
    22  provided, to cause a headstone or bronze memorial tablet to be
    23  placed at the head of or on the grave of each such deceased
    24  service person.
    25     * * *
    26     Section 2.  Section 1922(a) of the act, amended June 12, 1986
    27  (P.L.253, No.66), is amended to read:
    28     Section 1922.  Flags to Decorate Graves.--(a)  It shall be
    29  the duty of the county commissioners to provide flags on each
    30  Memorial Day with which to decorate the graves of all deceased
    20070H0776B0896                  - 3 -     

     1  service persons and the graves of all other deceased persons who
     2  served in the Army, Navy, Air Force, Marine Corps, Coast Guard
     3  or Merchant Marine during World War II, or any organization
     4  officially connected therewith and whose separation from such
     5  service was honorable, whether by discharge or otherwise, buried
     6  within the county. The flags to be used for such purposes shall
     7  be of one standard size, colorfast and American made, and shall
     8  be purchased at the expense of the county from moneys in the
     9  county treasury.
    10     * * *
    11     Section 3.  This act shall take effect in 60 days.













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