THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GIBBONS, K. BOYLE, BRENNAN, CALTAGIRONE, DALEY, DAVIS, DEASY, DeLUCA, EVERETT, FABRIZIO, FARRY, FLECK, FREEMAN, GEIST, GEORGE, GOODMAN, HARHAI, HESS, HORNAMAN, KILLION, KORTZ, MAHONEY, MANN, MARSHALL, MICOZZIE, MILLARD, MOUL, PASHINSKI, REICHLEY, SAINATO AND STABACK, MAY 23, 2011

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 23, 2011  

AN ACT

Amending the act of June 11, 1935 (P.L.326, No.149), entitled

"An act relating to counties of the first class; defining

deceased service persons; providing for contributions by the

county to the funeral expenses for such persons and their

widows; providing for the erection and care of markers,

headstones, and flags, and for the compilation of war

records," further providing for markers for graves and

headstones.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5 of the act of June 11, 1935 (P.L.326,

No.149), entitled "An act relating to counties of the first

class; defining deceased service persons; providing for

contributions by the county to the funeral expenses for such

persons and their widows; providing for the erection and care of

markers, headstones, and flags, and for the compilation of war

records," amended June 11, 2008 (P.L.168, No.21), is amended to

read:

Section 5.  Markers for Graves; Headstones.--The county

commissioners of any such county of this State shall, from time

to time, as is considered expedient by the commissioners,

procure appropriate markers for the graves of deceased service

persons and the graves of all other deceased persons who served

in the Army, Navy, Air Force, Marine Corps, Coast Guard,

Merchant Marine during World War II or any organization

officially connected therewith and whose separation from such

service was honorable, whether by discharge or otherwise. Such

markers shall be of cast bronze, which term shall mean a proper

composition of the following metals in the following

proportions: Copper eighty-five per centum, tin five per centum,

zinc five per centum, and lead five per centum, or aluminum or a

suitable substitute material.

The county commissioners of each county of the first class

are hereby authorized and directed to place a marker upon the

grave of each deceased service person and the graves of all

other deceased persons who served in the Army, Navy, Air Force,

Marine Corps, Coast Guard, Merchant Marine during World War II

or any organization officially connected therewith and whose

separation from such service was honorable, whether by discharge

or otherwise, who, at the time of his or her death, had his or

her legal residence in the county, whether or not he or she died

in the county and whether or not he or she was buried in the

county, and upon the grave of each deceased service person

buried in the county who at the time of his or her death did not

have a legal residence within this Commonwealth. When such

deceased service person shall have been a veteran of any war for

which the Government of the United States issued discharge

buttons, the markers designated for their graves shall include a

facsimile of said discharge button. When such deceased service

person shall have been a veteran of the Korean Conflict, the

markers designated for their graves shall include a circular

emblem with the word "Korea, U. S., 1950-1953" in the border

thereof, and shall incorporate the insignia of the Army, Navy,

Marine Corps, Air Force, and Coast Guard, in the form approved

by the Pennsylvania State Veterans' Commission.

It shall also be the duty of the county commissioners of such

county upon, or at any time subsequent to, the death of any

deceased service person who, at the time of his or her death,

had his or her legal residence in the county, on application as

hereinafter provided, to cause a headstone or bronze memorial

tablet to be placed at the head of, or on the grave of, each

such deceased service person and the graves of all other

deceased persons who served in the Army, Navy, Air Force, Marine

Corps, Coast Guard, Merchant Marine during World War II or any

organization officially connected therewith and whose separation

from such service was honorable, whether by discharge or

otherwise. Such headstone shall contain his or her name and the

rank and organization to which he or she belonged or in which he

or she served in letters raised or cut in at least three-

sixteenths of an inch deep. Such headstone shall be of either

marble or granite, and to be placed or set in a concrete base at

least three feet deep, or if a headstone has been provided for

such grave by the United States Government, the county

commissioners shall provide such concrete base therefor, or if

lettering only on an existing memorial is desired by the family,

the county commissioners shall provide such lettering. In the

event the body of any deceased service person, either cannot be

or will not be returned to the United States of America, it

shall be the duty of the county commissioners to cause a

headstone to be placed in the family plot of such deceased

service person. Said headstone shall have inscribed thereon (a)

the name, rank and organization of such deceased service person,

(b) the name of the country, location or manner in which such

person lost his or her life, and (c) the cemetery or location in

which the body, if buried, was finally laid to rest. Application

therefor shall in each case be made on forms prescribed by the

Department of Military Affairs and may be made by any relative

of the deceased service person or by a friend, provided in the

latter case there is no objection by the nearest relative and

the application is approved by an organization of veterans of

any war in which the United States has been, is now or shall

hereafter be engaged. The expense in each case shall be borne by

the county in which the deceased service person had his or her

legal residence at the time of his or her death, whether or not

he or she died in the county and whether or not he or she was

buried in the county: Provided, however, That the expense shall

not exceed the sum of [one hundred dollars ($100)] two hundred

fifty dollars ($250) for each headstone or concrete base or

lettering or bronze memorial tablet, and the county

commissioners of each such county, acting under this section,

shall draw a warrant on the treasurer of their county for the

payment of said expense in favor of the party or parties

furnishing such headstone or concrete base or lettering or

bronze memorial tablet: Provided, however, That in cases of

dispute concerning the legal residence of a deceased service

person the county in which a deceased service person is buried

shall perform the duties hereinbefore set forth. No such payment

or payments shall be made unless the application therefor shall

be approved before the commencement of the project by the county

commissioners.

Section 2.  This act shall take effect in 60 days.