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        PRIOR PRINTER'S NO. 896                       PRINTER'S NO. 3082

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, 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.







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