§ 48. Display of United States and POW/MIA flags; regulation by Governor
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 44 P.S. Legal Holidays and ObservancesEffective: January 4, 2021
Effective: January 4, 2021
44 P.S. § 48
§ 48. Display of United States and POW/MIA flags; regulation by Governor
(a) The Governor of the Commonwealth shall have the sole power and duty for regulating the display of the flag of the United States from any public ground or building of the Commonwealth, of any board, commission or authority of the Commonwealth created by the General Assembly, of any political subdivision of the Commonwealth, of any school district of the Commonwealth, or from any ground or building of any institution which receives any State aid from the Commonwealth. The Governor shall have the power and duty to promulgate rules and regulations pursuant to the provisions of this section and such rules and regulations shall be in compliance with the National Flag Code.
(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 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,” and, as provided under subsection (c.1), at all roadside rests and welcome centers operated by the Department of Transportation within the meaning of the act of June 7, 1961 (P.L. 257, No. 151)1, 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 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.
(1) The official POW/MIA flag shall be displayed at all roadside rests and welcome centers operated by the Department of Transportation and Pennsylvania Turnpike service plazas as provided under subsection (c) within 30 days of the effective date of this subsection2 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:
Credits
1970, March 4, P.L. 128, No. 49, § 1. Amended 1974, May 2, P.L. 264, No. 71, § 1, imd. effective; 1987, Dec. 18, P.L. 417, No. 87, § 1, imd. effective; 1994, Feb. 10, P.L. 70, No. 5, § 1, imd. effective; 2020, Oct. 29, P.L. 716, No. 81, § 1, effective in 60 days [Dec. 28, 2020]; 2020, Nov. 3, P.L. 1085, No. 109, § 1, effective in 60 days [Jan. 4, 2021].
Footnotes
36 P.S. § 478.11 et seq.
Subsec. (c.1) was added by 2020, Nov. 3, P.L. 1085, No. 109, § 1, effective in 60 days [Jan. 4, 2021].
44 P.S. § 48, PA ST 44 P.S. § 48
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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