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Introduced Version House Bill 4150 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4150


(By Delegates Yost, Caputo, Klempa, Burdiss,
Eldridge, Hutchins, Tucker, Reynolds,
Rodighiero and D. Poling)
[Introduced January 23, 2008; referred to the
Committee on the Judiciary then Finance.]


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 in its district, and require the same flags to be displayed from the schoolhouses 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 the schoolhouse. as herein provided, and for failure Any person who fails 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 continues, payable from the salary of such that 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.


NOTE: The purpose of this bill is to
require that the purchase of United States flag or flags of the State of West Virginia by the state, counties or boards of education using public funds only be made from manufacturers in the United States.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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