Pennsylvania HB 1738: An Act amending Titles 8 (Boroughs and Incorporated Towns), 11 (Cities) and 16 (Counties) of the Pennsylvania Consolidated Statutes, in corporate power relating to boroughs, further providing for specific powers; in veterans' affairs relating to boroughs, further providing for care and erection of memorials; in corporate powers relating to third class cities, providing for control, maintenance and repair of memorials; in veterans' affairs relating to third class cities, further providing for care of memorials; in grounds and buildings, further providing for monuments, memorials and memorial halls to war veterans and for preservation, maintenance, repair and completion of public monuments; and making an editorial change.

Bill Text

PRIOR PRINTER'S NO. 2140 PRINTER'S NO. 2544
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1738
Session of
2025
INTRODUCED BY FREEMAN, SAPPEY, SMITH-WADE-EL, JAMES AND
B. MILLER, JULY 15, 2025
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 29, 2025
AN ACT
Amending Titles 8 (Boroughs and Incorporated Towns) and, 11
(Cities) AND 16 (COUNTIES) of the Pennsylvania Consolidated
Statutes, in corporate power relating to boroughs, further
providing for specific powers; in veterans' affairs relating
to boroughs, further providing for care and erection of
memorials; in corporate powers relating to third class
cities, providing for control, maintenance and repair of
memorials; and, in veterans' affairs relating to third class
cities, further providing for care of memorials.; IN GROUNDS
AND BUILDINGS, FURTHER PROVIDING FOR MONUMENTS, MEMORIALS AND
MEMORIAL HALLS TO WAR VETERANS AND FOR PRESERVATION,
MAINTENANCE, REPAIR AND COMPLETION OF PUBLIC MONUMENTS; AND
MAKING AN EDITORIAL CHANGE.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1202 of Title 8 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 1202. Specific powers.
The powers of the borough shall be vested in the council. In
the exercise of any specific powers involving the enactment of
an ordinance or the making of any regulation, restriction or
prohibition, the borough may provide for enforcement and
penalties for violations. The specific powers of the borough
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shall include the following:
* * *
(66) To maintain, repair, establish or contribute to the
maintenance, repair or establishment of any memorial and may
receive funds from persons or organizations for those
purposes. For purposes of this paragraph, the term "memorial"
shall mean any monument or memorial erected or existing
within the borough and commemorating or honoring first
responders, including firefighters, emergency medical
technicians, paramedics, emergency vehicle drivers and
borough police officers.
Section 2. Section 29A14(a) introductory paragraph of Title
8 is amended and the section is amended by adding a subsection
to read:
§ 29A14. Care and erection of memorials.
(a) Authority.--The council may control and maintain a
[soldier's] memorial which is:
* * *
(d) Definition.--For purposes of this section, the term
"memorial" shall mean a monument, gun or carriage, memorial or
memorial hall erected or existing within the borough and
commemorating or honoring the services of any individual who has
served in the Pennsylvania National Guard or any of the armed
forces of the United States or their reserve components.
Section 3. Title 11 is amended by adding a section to read:
§ 12449. Control, maintenance and repair of memorials.
(a) Authority.--Council may maintain, repair, establish or
contribute to the maintenance, repair or establishment of any
memorial and may receive funds from persons or organizations for
those purposes.
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(b) Definition.--For purposes of this section, the term
"memorial" shall mean any monument or memorial erected or
existing within the township and commemorating or honoring first
responders, including firefighters, emergency medical
technicians, paramedics, emergency vehicle drivers and city
police officers.
Section 4. Section 144A22(a) introductory paragraph of Title
11 is amended and the section is amended by adding a subsection
to read:
§ 144A22. Care of memorials.
(a) Council authority.--Council may take charge of, care
for, maintain and keep in good order and repair, at the expense
of the city, any [soldier's monument, gun or carriage or
similar] memorial, if the memorial:
* * *
(c) Definitions.--For purposes of this section, the term
"memorial" shall mean a monument, gun or carriage, memorial or
memorial hall erected or existing within the city and
commemorating or honoring the services of any individual who has
served in the Pennsylvania National Guard or any of the armed
forces of the United States or their reserve components.
SECTION 5. SECTIONS 16155, 16156 AND 16167 OF TITLE 16,
ADDED MAY 8, 2024 (P.L.50, NO.14), ARE AMENDED TO READ:
§ 16155. MONUMENTS, MEMORIALS AND MEMORIAL HALLS TO WAR
VETERANS AND FIRST RESPONDERS.
THE COUNTY COMMISSIONERS MAY APPROPRIATE MONEY FOR AND
PROVIDE FOR THE ERECTION OF MONUMENTS, MEMORIALS OR MEMORIAL
HALLS COMMEMORATING OR HONORING THE SERVICES OF ANY INDIVIDUAL
WHO HAS [SERVED IN THE ARMED FORCES OF THE UNITED STATES OR IN
ANY AUXILIARY ORGANIZATION OFFICIALLY CONNECTED WITH A DIVISION
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OF THE ARMED FORCES OF THE UNITED STATES.]:
(1) SERVED IN THE ARMED FORCES OF THE UNITED STATES, OR
IN ANY AUXILIARY ORGANIZA