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HB16.html
01 HB 16/CSFA
House Bill 16 (COMMITTEE
SUBSTITUTE) (AM)
By: Representatives Brooks of the
54th, Smyre of the 136th, Ashe of the 46th,
Epps of the 131st, Taylor of the 134th, and others
A BILL TO BE
ENTITLED
AN ACT
To amend Article 1 of Chapter 3 of Title 50 of the Official
Code of Georgia Annotated, relating to the state flag and other flags, so as to
change the design and description of the state flag; to provide for the
preservation and protection of certain public monuments and memorials; to
provide for judicial procedures; to provide for related matters; to amend Part 1
of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia
Annotated, known as the "Budget Act," so as to provide that any agency which is
eligible to receive appropriated state funds shall be required to display the
Georgia state flag; to define a certain term; to provide that no funds may be
made available for expenditure by any agency which is not in compliance with the
provisions of this Act; to provide for enforcement; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 1 of Chapter 3 of Title 50 of the Official Code of
Georgia Annotated, relating to the state flag and other flags, is amended by
striking Code Section 50-3-1, relating to the description of the state flag, and
inserting in lieu thereof a new Code Section 50-3-1 to read as
follows:
"50-3-1.
(a)
The flag of the State of Georgia shall be a vertical band of blue
occupying one-third of the entire flag nearest to the flagstaff. The remainder
of the space shall be a square, two-thirds the length of the flag, having a red
background with a broad saltire of blue bordered with white on which 13 white
mullets or five-pointed stars, corresponding in number to that of the
Confederate States of America as recognized by the Confederate States Congress,
are emblazoned; so that such remainder shall be the same as the union of the
flag of the Confederate States as approved and cited in Statutes at Large of the
Confederate States Congress, 1st and 2nd Sessions, 1862-63, 1863-64, and
approved May 1, 1863, such remainder being popularly known as the Battle Flag of
the Confederacy. On the blue field shall be stamped, painted, or embroidered
the coat of arms of the state. blue field, centered upon which shall
be placed a representation of that side of the great seal of the state described
at subsection (c) of Code Section 50-3-30, centered in a circle of 13 equally
spaced white mullets or five-pointed stars, and beneath the same shall be an
escroll or ribbon, gold, two-thirds the length of the field, bearing the words
'Georgia’s History' and charged below said words with a representation of
five flags horizontally presented as follows: the first, to the left, being that
version of the flag of the United States of America consisting of a field of 13
red and white stripes and, centered in a canton of blue, a circle of 13 equally
spaced white mullets or five-pointed stars, as adopted by the Continental
Congress in 1777 and commonly known as the 'Stars and Stripes' or the '1777
Flag'; to the right thereof a flag consisting of a field of blue, centered upon
which shall be placed a representation of the coat of arms of the state as the
same appeared on the great seal of the state adopted in 1799, and which flag is
commonly known as the 'Pre-1879 Georgia State Flag'; to the right thereof a
flag consisting of a vertical band of blue occupying the leftmost one-third of
the entire flag, on which shall be placed a representation of that side of the
great seal of the state approved in 1914 which contained the coat of arms of the
state, and the remainder of which flag shall consist of a scarlet field
horizontally bisected by a white band such that said band shall be equal in
width to the remainder of the scarlet field both above and below, which flag is
commonly known as the 'Pre-1956 Georgia State Flag'; to the right thereof the
flag of the State of Georgia as approved at Ga. L. 1956, p. 38, Section 1; and
to the right thereof that version of the flag of the United States of America
consisting of a field of 13 red and white stripes and a canton of blue bearing
50 white mullets or five-pointed stars, such that such flag shall represent the
flag of the United States of America as the same appeared on July 4, 1960.
And under the horizontal representation of the five flags, the phrase 'In God We
Trust' shall be written in the blue section and in the same gold color as the
State Seal. Every force of the organized militia shall carry this flag when on
parade or review.
(b)(1) It shall be unlawful for
any person, firm, corporation, or other entity to mutilate, deface, defile, or
abuse contemptuously any publicly owned monument, plaque, marker, or memorial
which is dedicated to, honors, or recounts the military service of any past or
present military personnel of this state, the United States of America or the
several states thereof, or the Confederate States of America or the several
states thereof, and no officer, body, or representative of state or local
government or any department, agency, authority, or instrumentality thereof
shall remove or conceal from display any such monument, plaque, marker, or
memorial for the purpose of preventing the visible display of the same. A
violation of this paragraph shall constitute a misdemeanor.
(2) No publicly owned monument or memorial
erected, constructed, created, or maintained on the public property of this
state or its agencies, departments, authorities, or instrumentalities in honor
of the military service of any past or present military personnel of this state,
the United States of America or the several states thereof, or the Confederate
States of America or the several states thereof shall be relocated, removed,
concealed, obscured or altered in any fashion; provided, however, that
appropriate measures for the preservation, protection, and interpretation of
such monuments or memorials shall not be
prohibited.
(3) Conduct prohibited by this
subsection shall be enjoined by the appropriate superior court upon proper
application therefor.
(c) Any other provision
of law notwithstanding, the memorial to the heroes of the Confederate States of
America graven upon the face of Stone Mountain shall never be altered, removed,
concealed, or obscured in any fashion and shall be preserved and protected for
all time as a tribute to the bravery and heroism of the citizens of this state
who suffered and died in their
cause."
SECTION 2.
Part 1 of Article 4 of Chapter 12 of Title 45 of the
Official Code of Georgia Annotated, known as the "Budget Act," is amended by
adding between Code Sections 45-12-83 and 45-12-84 a new Code Section 45-12-83.1
to read as
follows:
"45-12-83.1.
(a)
As used in this Code section, the term 'agency'
means:
(1) Every state department, agency, board,
bureau, commission, public corporation, and
authority;
(2) Every county, municipal corporation,
school district, or other political subdivision of this
state;
(3) Every department, agency, board, bureau,
commission, authority, or similar body of each such county, municipal
corporation, or other political subdivision of the state;
and
(4) Every city, county, regional, or other
authority established pursuant to the laws of this
state.
(b) Notwithstanding the provisions of Code
Section 50-3-4.1, any agency which is eligible to receive appropriated state
funds shall be required to display the Georgia state flag provided for in Code
Section 50-3-1. No funds may be made available for expenditure by any agency
which is not in compliance with the provisions of this subsection. The Office of
Planning and Budget shall investigate any allegations of noncompliance with the
provisions of this Code section. The Office of Planning and Budget and the
Office of Treasury and Fiscal Services shall enforce the provisions of this Code
section."
SECTION 3.
Said chapter is further amended by striking subsection (c)
of Code Section 50-3-30, relating to the description of the great seal of the
state, in its entirety and inserting in lieu thereof a new subsection (c) to
read as
follows:
"(c)
The device on the other side is three pillars supporting an arch, with the
word 'Constitution' engraved within the same, emblematic of the Constitution,
supported by the three departments of government, namely the legislative,
judicial, and executive. The first pillar has engraved upon it
a scroll 'Wisdom,' the second, 'Justice,' the third, 'Moderation';
on the right of the last pillar between the second and third
pillars a man stands with a drawn sword, representing the aid of the
military in the defense of the Constitution, and the motto is 'State of Georgia,
1776.'"
SECTION 4.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are
repealed.