First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0091.01 Amanda King SENATE BILL 11-033 SENATE SPONSORSHIP Kopp, HOUSE SPONSORSHIP Kerr J., Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning the honor and remember flag. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Currently, it is a class 1 petty offense to display a flag other than the flag of the United States or certain other flags on a permanent flagstaff located on public buildings or grounds. The bill adds the honor and remember flag to the list of other flags allowed to be displayed. On certain holidays, the bill requires the honor and remember flag to be displayed at the state capitol and permits the honor and remember flag to be displayed on other state-owned flagstaffs. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 18-11-205 (4) (a) (V), Colorado Revised Statutes, is amended to read: 18-11-205. Unlawful to display flag - exceptions. (4) (a) This section does not apply to: (V) The display of a prisoners of war and missing in action flag or other appropriate veteran commemorative, United States or state armed forces, or military commemorative flag, when displayed in accordance with 4 U.S.C. sec. 7, or of an honor and remember flag, as defined in section 27-91-108 (1) (b) (II), C.R.S., when displayed in accordance with 4 U.S.C. sec. 7; SECTION 2. 27-91-108 (1), Colorado Revised Statutes, is amended to read: 27-91-108. Display of flags. (1) (a) The chief administrative officer of any state institution supported in whole or in part by the state and under the control of the state shall have erected and maintained, at the entrance of the institution or on the principal administrative building or grounds thereof, a suitable flagstaff with the attachments necessary for the display of flags and shall cause to be displayed thereon the flags of the United States and of the state of Colorado. The flag of the state of Colorado shall be the same size as the flag of the United States with which it is displayed. If both flags are displayed on one flagstaff, the flag of the state of Colorado shall be placed below the flag of the United States. (b) (I) Except as otherwise provided in paragraph (b.5) of subsection (2) of this section, an honor and remember flag may be displayed on Memorial day and Veterans' day on a flagstaff erected and maintained by a state institution. If displayed pursuant to this paragraph (b), the honor and remember flag shall be placed below the flag of the state of Colorado, if both flags are displayed on one flagstaff. (II) As used in this section, unless the context otherwise requires, "honor and remember flag" means a flag consisting of a red field above a smaller white field. A gold star with a white border and a blue outline shall appear in the center of the flag. The star shall contain a red and blue flame. Below the star shall be a blue triangle with white stars that resembles a folded flag of the United States. In the white field the phrase "honor and remember" shall be printed in blue letters. All honor and remember flags purchased by the state shall be made in the United States. SECTION 3. 27-91-108 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 27-91-108. Display of flags. (2) (b.5) On Memorial day and Veterans' day, an honor and remember flag shall be displayed on each flagstaff on the capitol grounds. The honor and remember flag shall be placed below the flag of the state of Colorado, if both flags are displayed on one flagstaff. SECTION 4. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.