Trial Engrossment of Amendment A09362 to House Bill 1471 P.N. 1876, Regular Session 2017-2018

A09362

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1471

Session of

2017

INTRODUCED BY CHRISTIANA, COX, DRISCOLL, JAMES, MENTZER, MURT,

SACCONE, SOLOMON, QUIGLEY AND GILLEN, MAY 31, 2017

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, MAY 31, 2017

AN ACT

Amending the act of July 28, 1953 (P.L.723, No.230), entitled,

as amended, "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

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. The flags

shall be provided in accordance with the following:

(1) The authorities in charge of any cemetery are authorized

to remove such flags, when the same become unsightly or weather-

worn, at any time not less than thirty days after the flags have

been placed on graves along with notification to the respective

county director of veterans' affairs for a replacement flag.

(2) A family member of a person whose grave is decorated

with a flag for the purpose of Memorial Day by the county is

granted permission to take and keep the flag after the first

working day after the Fourth of July. A cemetery shall contact

the county no less than thirty days after taking down the flags

annually for collection by the county.

(3) In addition to the powers and duties granted to local

code enforcement officers, a local code enforcement officer may

inspect local cemeteries for violations of this section and

report any violation to a county director of veterans' affairs.

(4) Counties may coordinate with local veterans' service

organizations to ensure that cemeteries are in compliance with

the provisions of this section.

(b) Such flags shall be furnished to the various veterans'

organizations in such numbers as they shall require for their

respective communities.

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

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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.

organizations to ensure that cemeteries are decorated in

compliance with this section. Flags shall be furnished to the

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.

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(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 for 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 pursuant to 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

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(k)(1).

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

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