1Amending the act of July 7, 2006 (P.L.608, No.93), entitled "An
2act providing for the display of the American flag,
3Commonwealth flag or military flag by residents in a unit
4owners association, homeowners association or master
5association," providing for the Honor and Remember Flag.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 2 of the act of July 7, 2006 (P.L.608,
9No.93), known as the American, Commonwealth and Military Flag
10Act, is amended by adding a definition to read:

11Section 2. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15* * *

16"Honor and Remember Flag." The Honor and Remember Flag
17created by Honor and Remember, Inc.

18* * *

1Section 2. Section 3 of the act is amended to read:

2Section 3. Display of [American flag, Commonwealth flag and
3military flag] flags.

4(a) [General rule.--Notwithstanding] Associations.--

5(1) Notwithstanding any provision in the association's
6declaration, covenants, bylaws, rules, regulations or other
7instruments or any construction of any of those instruments
8by an association's executive board, an association may not
9prohibit the outdoor display of one American flag,
10Commonwealth flag [and], military flag or Honor and Remember 
11Flag by a unit owner on that unit owner's property or
12property within the exclusive control of a unit owner or that
13portion of an exterior wall directly attached to the unit if
14the American flag is displayed in a manner consistent with 4
15U.S.C. §§ 4 (relating to pledge of allegiance to the flag;
16manner of delivery) through 10 (relating to modification of
17rules and customs by President) and a Commonwealth flag [or],
18military flag or Honor and Remember Flag is displayed in
19accordance with any rules and regulations adopted by the
20association.

21(2) An association may adopt rules and regulations,
22consistent with 4 U.S.C. §§ 4 through 10, regarding the
23placement and manner of display of the American flag, and an
24association may adopt rules and regulations regarding the
25placement and manner of display of a Commonwealth flag [or],
26military flag or Honor and Remember Flag. An association may
27adopt rules and regulations regarding the location, size and
28use of a flagpole but cannot prohibit the use of wall
29brackets to display the American flag, Commonwealth flag
30[and], military flag or Honor and Remember Flag. The size of

1the American flag, Commonwealth flag [and], military flag or 
2Honor and Remember Flag to be flown shall not be larger than
3five feet by three feet. [In addition, any]

4(3) Any rules and regulations adopted by the association
5regarding the display of a military flag or Honor and 
6Remember Flag must permit the flying of such flags, in a
7respectful way, on President's Day, Iwo Jima Flag Raising
8Day, Vietnam Veterans Day, V-E Day, Armed Forces Day,
9Memorial Day, Flag Day, Independence Day, Korean War Veterans
10Armistice Day, V-J Day, Patriot's Day, POW/MIA Recognition
11Day, Veterans Day, Pearl Harbor Day and the birthday of each
12branch of the United States Armed Forces.

13(b) Cemetery entity.--

14(1) A cemetery entity may not prohibit the outdoor
15display of one American flag, Commonwealth flag [and],
16military flag or Honor and Remember Flag on lots if the
17American flag is displayed in a manner consistent with 4
18U.S.C. §§ 4 through 10 and a Commonwealth flag [or], military
19flag or Honor and Remember Flag is displayed in accordance
20with any rules and regulations adopted by the cemetery
21entity.

22(2) A cemetery entity may adopt rules and regulations,
23consistent with 4 U.S.C. §§ 4 through 10, regarding the
24placement and manner of display of the American flag, and a
25cemetery entity may adopt rules and regulations regarding the
26placement and manner of display of a Commonwealth flag [or],
27military flag or Honor and Remember Flag. A cemetery entity
28may adopt rules and regulations regarding the size and
29location of flags on lots, but such rules or regulations
30shall not be used as subterfuge to defeat the purposes of

1this act.

2(3) A cemetery entity must permit the flying of military
3flags or Honor and Remember Flags, in a respectful way, on
4President's Day, Iwo Jima Flag Raising Day, Vietnam Veteran's
5Day, V-E Day, Armed Forces Day, Memorial Day, Flag Day,
6Independence Day, Korean War Veterans Armistice Day, V-J Day,
7Patriot's Day, POW/MIA Recognition Day, Veterans Day, Pearl
8Harbor Day and the birthday of each branch of the United
9States Armed Forces.

10(4) Nothing in this act shall be construed to preclude a
11lot owner or his heirs or assigns from limiting or
12prohibiting the display of an American flag, Commonwealth
13flag [or], military flag or Honor and Remember Flag on a lot.

14Section 3. This act shall take effect in 60 days.