2021 Pennsylvania Consolidated & Unconsolidated Statutes
Act 89 - SECOND CLASS COUNTY CODE - FLAGS TO DECORATE GRAVES

Session of 2021

No. 2021-89

SB 550

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 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 governing body of the county 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.

(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 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.

APPROVED--The 17th day of November, A.D. 2021.

TOM WOLF