COMMITTEE SUBSTITUTE
FOR
H. B. 4150
(By Delegates Yost, Caputo, Klempa, Burdiss,
Eldridge, Hutchins, Tucker, Reynolds,
Rodighiero and D. Poling)
(Originating in the Committee on the Judiciary)
[February 11, 2008]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §1-6-1; to amend and
reenact §7-3-2a of said code, and to amend and reenact
§18-5-24 of said code, all relating to requiring that the
purchase of United States flag or flags of the State of West
Virginia only be made from manufacturers in the United States
when public funds are used.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §1-6-1; that §7-3-2a of
said code be amended and reenacted; and that §18-5-24 of said code
be amended and reenacted, all to read as follows:
CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
ARTICLE 6. STATE PURCHASE OF AMERICAN-MADE FLAGS.
§1-6-1. Purchasing requirements.
Any United States flag or flag of the State of West Virginia
purchased with state funds must be manufactured in the United
States.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 3. COUNTY PROPERTY.
§7-3-2a. County commissions to purchase and display flags.
The county commission of every county of the state shall
purchase, out of its General Revenue Fund,
cause to be purchased a
United States flag and a flag of the State of West Virginia, four
feet by six feet in dimensions and of regulation bunting, or of
other appropriate size and quality, for its courthouse, and shall
require the
same flags to be displayed from the courthouse, or from
an appropriate
nearby staff or pole,
near thereto every day between
the hours of sunrise and sunset, except in inclement weather. Each
county
court commission shall
likewise cause to be purchased also
purchase a United States flag and a flag of the State of West
Virginia, and require
same the flags to be displayed at all times
in the circuit courtroom of the county. Each county and any
municipality therein
shall have the option of purchasing may
purchase a POW-MIA flag to be displayed from its courthouse or
other governmental building alongside the state flag and United
States flag on Memorial Day, Armed Forces Day, Flag Day,
Independence Day, National POW/MIA Recognition Day and Veteran's
Day each year.
It shall be the duty of The custodian or other
person in charge of the courthouse
to see that the shall display
the flags
are displayed as herein provided as required by this
section.
Any United States flag or flag of the State of West Virginia
purchased out of the general revenue of the county must be
manufactured in the United States.
CHAPTER 18. EDUCATION.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-24. Purchase and display of United States flag; penalty for failure to display.
Every board Boards of education shall out of the building
fund, purchase United States flags, four by six feet, of regulation
bunting, for schoolhouses schools in its district, and require the
same flags to be displayed from the schoolhouses schools during the
time the school is in session, except in inclement weather. And it
shall be the duty of The teacher, custodian or other person in
charge of such the building during the session is responsible for
to see that this flag is being displayed on at the schoolhouse
school. as herein provided, and for failure to comply with this
duty such person in charge shall forfeit the sum of fifty cents per
day for each day such the failure shall continue payable from the
salary of such person to the building fund.
Any United States flag or flag of the State of West Virginia
purchased out of the county board building fund must be
manufactured in the United States.