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SECOND REGULAR SESSION
HOUSE BILL NO. 3315
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE COSTLOW .
6504H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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 ther eof 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 curr ent 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 rep rese nts 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;
EXPLANA TION — 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.
18 (7) A flag that r epresent s a federally r ecognized 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 (1 1) An official flag of an olympiad or paralympiad that occurr ed 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 pro cess to r eceive and investigate alleged violations of this
32 section;
33 (2) Pr ovide notice to the rel evant 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 cur e the violation not to exceed thr ee calendar days; and
37 (3) If a governmental entity fails to cur e a violation of this section in the pr ovided
38 time frame, pursue an injunction as pro vided in subsection 4 of this section.
39 4. If the governmental entity fails to cur e a violation of this section within thr ee
40 days, the pr osecuting 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 requi ring the governmental entity
45 to rem ove a flag flown in violation of this section and the governmental entity does not
46 r emove the flag within thr ee days, the state auditor may notify local law enforcem ent of
47 the governmental entity's failure to comply with court order . The local law
48 enfor cement, upon r eceipt of the court order r equiring r emoval of the flag, shall
49 r emove the flag.
50 6. The prov isions 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 ar e lawfully present in or on the gr ounds of such public building.
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HB 3315 2