HOUSE BILL NO. 3315 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE COSTLOW.
6504H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 8, RSMo, by adding thereto one new section relating to flags displayed at public buildings.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 8, RSMo, is amended by adding thereto one new section, to be 2 known as section 8.215, to read as follows: 8.215. 1. As used in this section, the term "public building" means any building 2 owned or operated by the state or any political subdivision thereof including, but not 3 limited to, a city, county, or school district. 4 2. Public buildings, including the employees of the state or political subdivision 5 that operates within the public building, shall be authorized to display only the 6 following flags: 7 (1) The official flag of the United States of America as described in 4 U.S.C. 8 Section 1; 9 (2) The official flag of the state of Missouri, as described in section 10.020; 10 (3) The current official flag of another country, state, or political subdivision of 11 another country or state; 12 (4) The official flag of a city, municipality, county, or other political subdivision 13 of this state; 14 (5) A flag that represents a branch, unit, or division of the United States 15 military; 16 (6) The National League of Families POW/MIA flag described in 36 U.S.C. 17 Section 902;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3315 2
18 (7) A flag that represents a federally recognized tribe of American Indians or 19 Alaska Natives; 20 (8) A historic version of any flag listed in subdivisions (1) to (7) of this 21 subsection; 22 (9) An official public school flag; 23 (10) An official flag of the United States Olympic & Paralympic Committee, the 24 International Olympic Committee, or the International Paralympic Committee; 25 (11) An official flag of an olympiad or paralympiad that occurred or will occur 26 within the state; or 27 (12) The flag of an organization authorized to use a public school facility, but 28 only at the location and during the time in which the organization is authorized to use 29 such facility. 30 3. The state auditor shall: 31 (1) Establish a process to receive and investigate alleged violations of this 32 section; 33 (2) Provide notice to the relevant governmental entity of: 34 (a) Each alleged violation of this section involving the government entity; and 35 (b) Each violation the state auditor determines to be substantiated, including an 36 opportunity to cure the violation not to exceed three calendar days; and 37 (3) If a governmental entity fails to cure a violation of this section in the provided 38 time frame, pursue an injunction as provided in subsection 4 of this section. 39 4. If the governmental entity fails to cure a violation of this section within three 40 days, the prosecuting attorney shall immediately file an injunction in a court of 41 competent jurisdiction. The court shall give any action filed under this section 42 expedited consideration and shall have a trial on the issues within seven days and shall 43 issue a decision within two days after the conclusion of the trial. 44 5. If the state auditor is granted an injunction requiring the governmental entity 45 to remove a flag flown in violation of this section and the governmental entity does not 46 remove the flag within three days, the state auditor may notify local law enforcement of 47 the governmental entity's failure to comply with court order. The local law 48 enforcement, upon receipt of the court order requiring removal of the flag, shall 49 remove the flag. 50 6. The provisions of this section shall not apply to individuals who are not 51 employees of the governmental entity that operates within the public building and who 52 are lawfully present in or on the grounds of such public building. ✔
Statutes affected: