Bill Text: CA SB812 | 2011-2012 | Regular Session | Introduced

California Senate Bill 812 (Prior Session Legislation)

Introduced

Bill Title: Flag protocol: POW/MIA Flag.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB812 Detail]

Download: California-2011-SB812-Introduced.html

BILL NUMBER: SB 812	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Veterans Affairs (Senators Correa
(Chair), Berryhill, Calderon, Cannella, La Malfa, Negrete McLeod, and
Rubio)

                        FEBRUARY 18, 2011

   An act to amend Section 436 of the Government Code, and to amend
Section 1831 of the Military and Veterans Code, relating to the
military.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 812, as introduced, Committee on Veterans Affairs. Flag
protocol: POW/MIA Flag.
   Existing law requires the National Flag to be above the State Flag
where they are both used. Existing law also requires the flag of the
National League of POW/MIA Families (POW/MIA Flag) to be flown at
all state-owned buildings or facilities where the National Flag and
the State Flag fly, as specified.
   This bill would, where the National Flag, State Flag, and POW/MIA
Flag are used, and only one flagpole is used, require the National
Flag to be above the State Flag, and the State Flag to be above the
POW/MIA Flag.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 436 of the Government Code is amended to read:
   436.   (a)    Where the National and State Flags
are used, they shall be of the same size. If only one flagpole is
used, the National Flag shall be above the State Flag and the State
Flag shall be hung in such manner as not to interfere with any part
of the National Flag. At all times the National Flag shall be placed
in the position of first honor. 
   (b) Where the National Flag, State Flag and flag of the National
League of POW/MIA Families (POW/MIA Flag) are used, and only one
flagpole is used, the National Flag shall be above the State Flag,
and the State Flag shall be above the POW/MIA Flag. 
  SEC. 2.  Section 1831 of the Military and Veterans Code is amended
to read:
   1831.  (a) So that the people of California will not forget the
sacrifices of those members of the United States Armed Forces who,
after the termination of hostilities, remain prisoners of war or are
missing in action, as well as the sacrifices of missing United States
nonmilitary personnel and civilians, the Governor shall annually
proclaim the third Friday of September to be known as
Prisoner-of-War/Missing-in-Action (POW/MIA) Recognition Day.
   (b) The flag of the National League of POW/MIA Families (POW/MIA
Flag) is a black and white banner symbolizing those members of the
United States Armed Forces who are listed as POW or MIA. The flag
serves as a powerful reminder to people everywhere of our country's
firm resolve to achieve the fullest possible accounting for every
member of the United States Armed Forces, and United States
nonmilitary personnel and civilians. The flag shall be flown during
business hours, at all state-owned buildings or facilities where the
United States Flag and the California State Flag fly, if the flag can
be attached to existing flagpoles or other existing structures on
which the United States Flag or California Flag fly. The state may
accept donations of POW/MIA Flags and related materials.
   (c) The flag shall be flown at the Vietnam Veterans Memorial
located on the grounds of the State Capitol whenever the United
States Flag is flown at that location.
   (d) Additionally, the Governor and the Legislature are authorized
and requested to issue proclamations calling upon the people,
schools, and local governments of California to recognize POW/MIA
Recognition Day with appropriate ceremonies and activities. 
   (e) The POW/MIA Flag shall be flown in accordance with Section 436
of the Government Code.