PRIOR PRINTER'S NO. 376
PRINTER'S NO. 1824
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
395
Session of
2019
INTRODUCED BY BROOKS, SCARNATI, GORDNER, BROWNE, AUMENT,
BARTOLOTTA, KILLION, K. WARD, COSTA, BREWSTER, STREET AND
MENSCH, MARCH 5, 2019
AS AMENDED ON SECOND CONSIDERATION, JUNE 29, 2020
AN ACT
Amending the act of March 4, 1970 (P.L.128, No.49), entitled "An
act granting to the Governor of the Commonwealth the sole
authority for regulating the display of the flag of the
United States from any public ground or building and from any
ground or building of certain other institutions," further
providing for display of flag.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1(c) of the act of March 4, 1970
(P.L.128, No.49), entitled "An act granting to the Governor of
the Commonwealth the sole authority for regulating the display
of the flag of the United States from any public ground or
building and from any ground or building of certain other
institutions," is amended AND THE SECTION IS AMENDED BY ADDING
SUBSECTIONS to read:
Section 1. * * *
(c) In addition to any other powers or duties imposed by
this section, the Governor shall require the Department of
General Services to display continuously from a flag pole the
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official POW/MIA flag until all POW's and MIA's return or are
accounted for in "Soldiers' Grove," as defined in the act of
October 30, 1987 (P.L.375, No.75), entitled "An act providing
for the designation of certain trees and land on the grounds of
the State Capitol in Harrisburg as 'Soldiers' Grove' in honor of
war veterans; imposing duties upon the Department of General
Services; and making an appropriation," [the official POW/MIA
flag until all POW's and MIA's return or are accounted for.]
and , AS PROVIDED UNDER SUBSECTION (C.1), at all roadside rests
and welcome centers operated by the Department of Transportation
and Pennsylvania Turnpike rest stops within the meaning of the
act of June 7, 1961 (P.L.257, No.151), entitled "An act
providing for the construction, erection and maintenance of
roadside rests adjacent to State highway routes; providing for
the acquisition of interests in land by gift, purchase or
condemnation; granting powers to and imposing duties upon the
Department of Transportation, the Secretary of Transportation,
the Governor and the Department of General Services; authorizing
rules and regulations and providing penalties for violations
thereof, and making an appropriation," and the regulations
promulgated under that act AND AT ALL PENNSYLVANIA TURNPIKE
SERVICE PLAZAS . If a roadside rest or welcome center operated by
the Department of Transportation or Pennsylvania Turnpike rest
stop SERVICE PLAZA has an existing flag pole, the POW/MIA flag
may be flown from such flag pole. When the POW/MIA flag is to be
displayed with a flag flown at half mast, the POW/MIA flag may
be removed.
(C.1) THE FOLLOWING SHALL APPLY:
(1) THE OFFICIAL POW/MIA FLAG SHALL BE DISPLAYED AT ALL
ROADSIDE RESTS AND WELCOME CENTERS OPERATED BY THE DEPARTMENT OF
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TRANSPORTATION AND PENNSYLVANIA TURNPIKE SERVICE PLAZAS AS
PROVIDED UNDER SUBSECTION (C) WITHIN 30 DAYS OF THE EFFECTIVE
DATE OF THIS SUBSECTION IF THE OFFICIAL POW/MIA FLAG CAN BE
ACCOMMODATED ON AN EXISTING FLAG POLE. IF THE OFFICIAL POW/MIA
FLAG CANNOT BE ACCOMMODATED ON AN EXISTING FLAG POLE, THE
DEPARTMENT OF TRANSPORTATION AND THE PENNSYLVANIA TURNPIKE SHALL
SUBMIT, WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS SUBSECTION,
A PLAN TO DISPLAY THE OFFICIAL POW/MIA FLAG AS REQUIRED UNDER
SUBSECTION (C) BY DECEMBER 31, 2021, TO THE FOLLOWING:
(I) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE STATE
GOVERNMENT COMMITTEE OF THE SENATE.
(II) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE STATE
GOVERNMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(III) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
TRANSPORTATION COMMITTEE OF THE SENATE.
(IV) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(2) THE DEPARTMENT OF TRANSPORTATION AND THE PENNSYLVANIA
TURNPIKE SHALL REPORT COMPLIANCE WITH THE REQUIREMENTS UNDER
SUBSECTION (C) ON OR BEFORE DECEMBER 31, 2021, TO THE FOLLOWING:
(I) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE STATE
GOVERNMENT COMMITTEE OF THE SENATE.
(II) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE STATE
GOVERNMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(III) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
TRANSPORTATION COMMITTEE OF THE SENATE.
(IV) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
* * *
(E) IN ADDITION TO ANY POWERS AND DUTIES IMPOSED BY THIS
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SECTION, THE GOVERNOR SHALL PERMIT THE DISPLAY OF THE OFFICIAL
HONOR AND REMEMBER FLAG FROM THE FLAGPOLES OF ANY PUBLIC
BUILDING OR GROUND IN THIS COMMONWEALTH.
Section 2. This act shall take effect in 60 days.
IMMEDIATELY.
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