ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4150
(By Delegates Yost, Caputo, Klempa, Burdiss,
Eldridge, Hutchins, Tucker, Reynolds,
Rodighiero and D. Poling)
[Passed March 7, 2008; in effect ninety days from passage.]
AN ACT 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, 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 flags to be
displayed from the courthouse, or from an appropriate nearby staff
or pole, every day between the hours of sunrise and sunset, except
in inclement weather. Each county commission shall also purchase
a United States flag and a flag of the State of West Virginia, and
require the flags to be displayed at all times in the circuit
courtroom of the county. Each county and any municipality therein
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. The custodian or other person in charge of the
courthouse shall display the flags 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.
Boards of education shall purchase United States flags, four
by six feet, of regulation bunting, for schools in its district, and require the flags to be displayed from the schools during the
time the school is in session, except in inclement weather. The
teacher, custodian or other person in charge of the building during
the session is responsible for this flag being displayed at the
school.
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.