H1471B1876A09362 MSP:JMT 09/24/18 #90 A09362
AMENDMENTS TO HOUSE BILL NO. 1471
Sponsor: REPRESENTATIVE CHRISTIANA
Printer's No. 1876
Amend Bill, page 1, line 12, by inserting a bracket before
"(a)"
Amend Bill, page 2, lines 3 through 22, by striking out "The
flags" in line 3 and all of lines 4 through 22
Amend Bill, page 2, line 29, by striking out the bracket
before "(d)"
Amend Bill, page 3, line 2, by inserting after "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
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.
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(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 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).
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