PRINTER'S NO. 167
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
202
Session of
2021
INTRODUCED BY O'NEAL, OWLETT, BOBACK, DAVANZO, KINSEY, KAUFFMAN,
GLEIM, RYAN, DUNBAR, HOHENSTEIN, MILLARD, ZIMMERMAN, ROTHMAN,
CONKLIN, PYLE, DRISCOLL, DAY, WEBSTER, JOZWIAK, SANKEY,
MARSHALL, SAINATO AND ROWE, JANUARY 21, 2021
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, JANUARY 21, 2021
AN ACT
Amending the act of July 28, 1953 (P.L.723, No.230), entitled
"An act relating to counties of the second class and second
class A; amending, revising, consolidating and changing the
laws relating thereto," in special powers and duties of the
county, further providing for flags to decorate graves.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2122 of the act of July 28, 1953
(P.L.723, No.230), known as the Second Class County Code, is
amended to read:
Section 2122. Flags to Decorate Graves.--[(a) It shall be
the duty of the county commissioners to provide flags on each
Memorial Day with which to decorate the graves of all 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, buried
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within the county. The flags to be used for said purposes shall
be of one standard size, and shall be purchased at the expense
of the county from moneys in the county treasury.
(b) Such flags shall be furnished to the various veterans'
organizations in such numbers as they shall require for their
respective communities.
(c) The moneys expended by any county under the provisions
of this section shall be in addition to moneys appropriated by
the county for Memorial Day purposes.
(d) The authorities in charge of any cemetery are authorized
to remove such flags when the same become unsightly or
weatherworn at any time not less than ninety days after the
flags have been placed on graves.] (a) It shall be the duty of
the county commissioners to provide flags on each Memorial Day
with which to decorate each grave of a deceased service person
and each grave of other deceased persons who served in the Army,
Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine
during World War II or any organization officially connected to
those forces, whose separation from service was honorable,
whether by discharge or otherwise, and who are interred within
the county. The flags to be used shall be standard size,
colorfast and American made and shall be purchased at the
expense of the county from money in the county treasury.
(b) A family member of a person whose grave is decorated
with a flag by the county for the purpose of Memorial Day may
take and keep the flag after the first working day after
Veterans' Day.
(c) The county may coordinate with local veterans'
organizations to ensure that cemeteries are decorated in
compliance with this section. Flags shall be furnished to the
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various veterans' organizations in an amount needed for the
respective communities. Notwithstanding subsection (a), a
cemetery may remove flags as part of the cemetery's normal
course of maintenance not before the first working day after
Independence Day, but prior to Veterans' Day, provided that the
cemetery makes the flags available to family members, veterans'
organizations or other community organizations for the purpose
of decorating graves in recognition of Veterans' Day.
(d) Money expended by the county under this section shall be
in addition to money appropriated by the county for Memorial Day
purposes.
(e) Annually, the authority in charge of each cemetery is
authorized to remove a flag when the flag has become unsightly
or weatherworn any time on or after the first working day after
Veterans' Day. Prior to Veterans' Day, a cemetery may request
replacement flags from the county which may be used by the
cemetery to replace weatherworn flags, if replacement flags are
available.
(f) A cemetery may remove flag holders for annual storage
upon the authorized removal of flags under subsections (c) and
(e).
(g) Except as provided under this section, a person, other
than a family member removing the flag from a deceased
relative's grave, who removes or causes the removal of flags
prior to the first working day after Independence Day shall be
guilty of a summary offense and, upon conviction, shall be
sentenced to pay a fine of three hundred dollars ($300). A
person who fails to pay a fine assessed under this section shall
be sentenced to prison for a term not to exceed ninety days.
(h) A cemetery or an owner, employee, agent or contractor of
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a cemetery who removes or causes the removal of a flag, grave
marker, headstone, flag holder or other memorial in good faith
in the course of maintenance, repair or mitigation of damage
shall not be subject to subsection (g) or section 2113(l).
Section 2. This act shall take effect in 60 days.
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