A04457
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
408
Session of
2019
INTRODUCED BY STAATS, McNEILL, STURLA, JOZWIAK, SAYLOR, SIMMONS,
BARRAR, CIRESI, SIMS, HILL-EVANS, STRUZZI, WARREN,
CALTAGIRONE, HEFFLEY, BERNSTINE, MURT, KINSEY, FARRY,
DIAMOND, MIHALEK, KORTZ, T. DAVIS, READSHAW, ULLMAN,
DRISCOLL, PASHINSKI, HAHN, POLINCHOCK, SAINATO AND GABLER,
FEBRUARY 6, 2019
AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED,
DECEMBER 17, 2019
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in Department of Military Affairs,
providing for burial benefits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 51 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 705.1. Burial benefits.
(a) Notice of burial benefits.--
(1) The following persons shall be required to provide
information regarding the availability of veterans' burial
benefits to a purchaser of funeral merchandise or a burial
lot:
(i) A licensed funeral director.
(ii) A funeral entity.
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(iii) A cemetery company.
(2) A funeral director, funeral entity or cemetery
company shall also notify the county where the veteran
resided of the death. The notification shall be made to the
county no later than the notice provided under paragraph (1).
(b) Required information.--At a minimum, information on the
following shall be provided under subsection (a)(1):
(1) Burial benefits and allowances, flags to be draped
over caskets and headstones and markers, as provided under 38
U.S.C. Ch. 23 (relating to burial benefits).
(2) Burial in national cemeteries as provided under 38
U.S.C. § 112 (relating to Presidential memorial certificate
program).
(3) Military funeral honors as provided under 10 U.S.C.
§ 1491 (relating to funeral honors functions at funerals for
veterans).
(c) Affidavit.--A funeral director, funeral entity and
cemetery company shall require the following:
(1) A purchaser to sign an affidavit indicating that the
information under subsection (a)(1) was supplied prior to the
purchase of any funeral merchandise or burial lot.
(2) Written acknowledgment of the notification made
under subsection (a)(2).
(d) Penalty.--A funeral director or officer of a cemetery
company who fails to furnish this required information commits a
misdemeanor of the third degree.
(A) NOTICE OF DECEASED SERVICEPERSON TO COUNTY.--
(1) SUBJECT TO PARAGRAPH (2), A licensed FUNERAL
DIRECTOR, FUNERAL ENTITY OR CEMETERY COMPANY SHALL, WITHIN 96
HOURS of receipt of the remains of a deceased serviceperson ,
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NOTIFY THE COUNTY VETERANS AFFAIRS DIRECTOR OF A DECEASED
SERVICEPERSON HAVING LEGAL RESIDENCE IN THE COUNTY AT THE
TIME OF DEATH AND P ROVIDE THE FAMILY OF THE DECEASED
SERVICEPERSON WITH THE CONTACT INFORMATION FOR THE COUNTY
VETERANS AFFAIRS DIRECTOR.
(2) PARAGRAPH (1) SHALL APPLY TO A CEMETERY COMPANY ONLY
IF THE CEMETERY COMPANY IS PROVIDING provides INTERMENT FOR
THE CREMATED REMAINS OF A DECEASED SERVICEPERSON FOR WHOM A
licensed FUNERAL DIRECTOR OR FUNERAL ENTITY DID NOT PROVIDE
GOODS OR SERVICES.
(e) (B) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Cemetery company." As defined in 9 Pa.C.S. § 101 (relating
to definitions).
"DECEASED SERVICEPERSON." AS DEFINED IN SECTION 1908-A OF
THE ACT OF AUGUST 9, 1955 (P.L.323, NO.130), KNOWN AS THE COUNTY
CODE .
"Funeral entity." As defined in 49 Pa. Code § 13.1 (relating
to definitions).
"Licensed funeral director." As defined in 49 Pa. Code §
13.1.
Section 2. This act shall take effect in 60 days.
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