PRIOR PRINTER'S NO. 896 PRINTER'S NO. 3082
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, YOUNGBLOOD, PERRY, CAUSER, KORTZ AND MANTZ, MARCH 19, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JANUARY 14, 2008
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), (B), (f) and (g) of the act of <-- 14 August 9, 1955 (P.L.323, No.130), known as The County Code, 15 amended 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.], ALUMINUM OR A SUITABLE <-- 17 SUBSTITUTE MATERIAL. 18 (B) THE COUNTY COMMISSIONERS SHALL PROCURE BRONZE, ALUMINUM <-- 19 OR SUITABLE SUBSTITUTE MATERIAL MARKERS FROM SOME MANUFACTURER 20 OR MANUFACTURERS, ENGAGED IN THE MANUFACTURING OF THE SAME, AND 21 IN THE CONTRACT FOR THE FURNISHING THEREOF, THE MANUFACTURER 22 FURNISHING THE BRONZE MARKERS SHALL WARRANT THAT THE SAME ARE 23 MADE OF THE FOLLOWING METALS, AND IN THE FOLLOWING PROPORTIONS: 24 COPPER, EIGHTY-FIVE PER CENTUM; TIN, FIVE PER CENTUM; ZINC, FIVE 25 PER CENTUM; AND LEAD, FIVE PER CENTUM. 26 * * * 27 (f) The county commissioners of each county are hereby 28 authorized and directed to place a marker upon the grave of each 29 deceased service person and the graves of all other deceased 30 persons who served in the Army, Navy, Air Force, Marine Corps, 20070H0776B3082 - 2 -
1 Coast Guard or Merchant Marine during World War II, or any 2 organization officially connected therewith and whose separation 3 from such service was honorable, whether by discharge or 4 otherwise, who at the time of his or her death had his or her 5 legal residence in the county, whether or not he or she died in 6 the county, and whether or not he or she was buried in the 7 county, and upon the grave of each deceased service person 8 buried in the county, who at the time of his or her death did 9 not have a legal residence within this Commonwealth. When such 10 deceased service person shall have been a veteran of any war or 11 campaign for which the Government of the United States issued 12 discharge buttons, the markers designated for their graves shall 13 include a facsimile of said discharge button. When such markers 14 are upright flag holders they shall consist of cast bronze or 15 any other weather resistant material. When such deceased service 16 person shall have been a veteran of the Korean Conflict, the 17 markers designated for their graves shall include a circular 18 emblem with the words "Korea, U.S., 1950-1953" in the border 19 thereof, and shall incorporate the insignia of the Army, Navy, 20 Marine Corps, Air Force, and Coast Guard, in the form approved 21 by the State Veterans' Commission. 22 (g) It shall be the duty of the county commissioners of each 23 county, upon or at any time subsequent to the death of any 24 deceased service person and the graves of all other deceased 25 persons who served in the Army, Navy, Air Force, Marine Corps, 26 Coast Guard or Merchant Marine during World War II, or any 27 organization officially connected therewith and whose separation 28 from such service was honorable, whether by discharge or 29 otherwise, who at the time of his or her death had his or her 30 legal residence in the county, on application as hereinafter 20070H0776B3082 - 3 -
1 provided, to cause a headstone or bronze memorial tablet to be 2 placed at the head of or on the grave of each such deceased 3 service person. 4 * * * 5 Section 2. Section 1922(a) of the act, amended June 12, 1986 6 (P.L.253, No.66), is amended to read: 7 Section 1922. Flags to Decorate Graves.--(a) It shall be 8 the duty of the county commissioners to provide flags on each 9 Memorial Day with which to decorate the graves of all deceased 10 service persons and the graves of all other deceased persons who 11 served in the Army, Navy, Air Force, Marine Corps, Coast Guard 12 or Merchant Marine during World War II, or any organization 13 officially connected therewith and whose separation from such 14 service was honorable, whether by discharge or otherwise, buried 15 within the county. The flags to be used for such purposes shall 16 be of one standard size, colorfast and American made, and shall 17 be purchased at the expense of the county from moneys in the 18 county treasury. 19 * * * 20 Section 3. This act shall take effect in 60 days. B8L16JLW/20070H0776B3082 - 4 -