Bill Text: PA HB1298 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for the Honor and Remember Flag.

Spectrum: Slight Partisan Bill (Republican 26-9)

Status: (Introduced - Dead) 2011-04-06 - Referred to STATE GOVERNMENT [HB1298 Detail]

Download: Pennsylvania-2011-HB1298-Introduced.html

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PRINTER'S NO. 1465
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1298 Session of2011
INTRODUCED BY KAUFFMAN, BOBACK, BENNINGHOFF, BRENNAN, BROOKS, CALTAGIRONE, CLYMER, D. COSTA, COX, CREIGHTON, FLECK, GILLEN, GINGRICH, GODSHALL, HEFFLEY, HESS, HICKERNELL, HORNAMAN, KILLION, KIRKLAND, KORTZ, MAJOR, MARSICO, MILLARD, READSHAW, REICHLEY, ROCK, SACCONE, SCHRODER, STABACK, SWANGER, VULAKOVICH AND YOUNGBLOOD, APRIL 6, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 6, 2011
AN ACT
Amending the act of July 7, 2006 (P.L.608, No.93), entitled "An
act providing for the display of the American flag,
Commonwealth flag or military flag by residents in a unit
owners association, homeowners association or master
association," providing for the Honor and Remember Flag.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2 and 3 of the act of July 7, 2006
(P.L.608, No.93), known as the American, Commonwealth and
Military Flag Act, are amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"American flag." The flag of the United States, as defined
in 4 U.S.C. § 1 (relating to flag; stripes and stars on) and the
Executive Orders entered in connection with that section, made
of fabric, cloth or paper displayed from a staff or flagpole or
in a window. The term does not include a depiction or emblem of
the American flag made of lights, paint, roofing, siding, paving
materials, flora or balloons, or any other similar building,
landscaping or decorative component.
"Association." Any unit owners association in a common
interest community.
"Cemetery." A place for the disposal or burial of deceased
human beings by cremation or in a grave, mausoleum, vault,
columbarium or other receptacle, but the term does not include a
private family cemetery.
"Cemetery entity." Any person or entity, including a
cemetery company or association, who either:
(1) offers or sells to the public the ownership or the
right to use any cemetery lot; or
(2) maintains lots within a cemetery.
"Common interest community." Includes a cooperative, a
condominium and a planned community where an individual by
virtue of an ownership interest in any portion of real estate is
or may become obligated by covenant, easement or agreement
imposed upon the owner's interest to pay any amount for real
property taxes, insurance, maintenance, repair, improvement,
management, administration or regulation of any part of the real
estate other than the portion or interest owned solely by the
individual.
"Commonwealth flag." The flag of the Commonwealth as
described in section 1 of the act of June 13, 1907 (P.L.560,
No.373), entitled "An act designating the official flag of the
Commonwealth of Pennsylvania, and describing the same; providing
for the carrying of such flag by the regiments of the National
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Guard of Pennsylvania; authorizing the Secretary of the
Commonwealth to provide, and have deposited in the office of
Secretary of the Commonwealth, a model of said flag, and making
an appropriation therefor." The term does not include a
depiction or emblem of the flag of the Commonwealth made of
lights, paint, roofing, siding, paving materials, flora or
balloons, or any other similar building, landscaping or
decorative component.
"Executive board." The body, regardless of name, designated
in the declaration to act on behalf of the association.
"Honor and Remember Flag." The Honor and Remember Flag
created by Honor and Remember, Inc.
"Lot" or "lots." Includes a lot, plot or part of a cemetery.
"Military flag." A flag of any branch of the United States
Armed Forces or the Pennsylvania National Guard and POW/MIA
flags made of fabric, cloth or paper displayed from a staff or
flagpole or in a window. The term does not include a depiction
or emblem of a military flag made of lights, paint, roofing,
siding, paving materials, flora or balloons, or any other
similar building, landscaping or decorative component.
"Unit owner." Any unit owner in a common interest community.
The term shall include any proprietary lessee in a cooperative
as defined in 68 Pa.C.S. § 4103 (relating to definitions) or in
any successor statute.
Section 3. Display of American flag, Commonwealth flag and
military flag.
(a) General rule.--Notwithstanding any provision in the
association's declaration, covenants, bylaws, rules, regulations
or other instruments or any construction of any of those
instruments by an association's executive board, an association
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may not prohibit the outdoor display of one American flag,
Commonwealth flag [and], military flag or Honor and Remember
Flag by a unit owner on that unit owner's property or property
within the exclusive control of a unit owner or that portion of
an exterior wall directly attached to the unit if the American
flag is displayed in a manner consistent with 4 U.S.C. §§ 4
(relating to pledge of allegiance to the flag; manner of
delivery) through 10 (relating to modification of rules and
customs by President) and a Commonwealth flag [or], military
flag or Honor and Remember Flag is displayed in accordance with
any rules and regulations adopted by the association. An
association may adopt rules and regulations, consistent with 4
U.S.C. §§ 4 through 10, regarding the placement and manner of
display of the American flag, and an association may adopt rules
and regulations regarding the placement and manner of display of
a Commonwealth flag [or], military flag or Honor and Remember
Flag. An association may adopt rules and regulations regarding
the location, size and use of a flagpole but cannot prohibit the
use of wall brackets to display the American flag, Commonwealth
flag [and], military flag or Honor and Remember Flag. The size
of the American flag, Commonwealth flag [and], military flag or
Honor and Remember Flag to be flown shall not be larger than
five feet by three feet. In addition, any rules and regulations
adopted by the association regarding the display of a military
flag or Honor and Remember Flag must permit the flying of such
flags, in a respectful way, on President's Day, Iwo Jima Flag
Raising Day, Vietnam Veterans Day, V-E Day, Armed Forces Day,
Memorial Day, Flag Day, Independence Day, Korean War Veterans
Armistice Day, V-J Day, Patriot's Day, POW/MIA Recognition Day,
Veterans Day, Pearl Harbor Day and the birthday of each branch
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of the United States Armed Forces.
(b) Cemetery entity.--A cemetery entity may not prohibit the
outdoor display of one American flag, Commonwealth flag [and],
military flag or Honor and Remember Flag on lots if the American
flag is displayed in a manner consistent with 4 U.S.C. §§ 4
through 10 and a Commonwealth flag [or], military flag or Honor
and Remember Flag is displayed in accordance with any rules and
regulations adopted by the cemetery entity. A cemetery entity
may adopt rules and regulations, consistent with 4 U.S.C. §§ 4
through 10, regarding the placement and manner of display of the
American flag, and a cemetery entity may adopt rules and
regulations regarding the placement and manner of display of a
Commonwealth flag [or], military flag or Honor and Remember
Flag. A cemetery entity may adopt rules and regulations
regarding the size and location of flags on lots, but such rules
or regulations shall not be used as subterfuge to defeat the
purposes of this act. A cemetery entity must permit the flying
of military flags or Honor and Remember Flags, in a respectful
way, on President's Day, Iwo Jima Flag Raising Day, Vietnam
Veteran's Day, V-E Day, Armed Forces Day, Memorial Day, Flag
Day, Independence Day, Korean War Veterans Armistice Day, V-J
Day, Patriot's Day, POW/MIA Recognition Day, Veterans Day, Pearl
Harbor Day and the birthday of each branch of the United States
Armed Forces. Nothing in this act shall preclude a lot owner or
his heirs or assigns from limiting or prohibiting the display of
an American flag, Commonwealth flag [or], military flag or Honor
and Remember Flag on a lot.
Section 2. This act shall take effect in 60 days.
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