HB380.html

House Bill 380 (COMMITTEE SUBSTITUTE)
By: Representatives Richardson of the 26^th, O`Neal of the 117^th, Massey of the 24^th, and Westmoreland of the 86^th

A BILL TO BE ENTITLED
AN ACT

To provide for certain determinations with respect to the state flag of Georgia; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the state flag; to provide for the holding of a referendum election to determine whether the qualified electors of the State of Georgia desire a further change in the state flag; to further amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for certain flag designs; to provide that if a majority of the voters at said referendum election favor a change in the state flag, such flag designs shall be submitted to the voters at another referendum election; to provide that the choice of the voters at such second referendum election shall determine the state flag; to provide for legislative findings; to provide for legislative control and review with respect to the choice of a state flag; to provide for related matters; to provide for effectiveness of provisions and the dates thereof; to provide for severability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I
SECTION 1-1.

(a) Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-3-1, relating to the state flag and public monuments, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The flag of the State of Georgia shall be a 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 of 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. be three horizontal bands. The bottom horizontal band shall be red and shall occupy one-third of the entire flag. The center horizontal band shall be white and shall occupy two-thirds of the length of the flag and shall bear the words 'IN GOD WE TRUST' which words shall be the same blue color as the square field of blue. The top horizontal band shall be red and shall occupy two-thirds of the length of the flag. The remainder of the space shall be a square, one-third of the length of the flag, nearest to the flagstaff, consisting of a field of blue, centered upon which shall be placed a representation of the great seal containing the coat of arms of the state, and such seal shall be encircled by 13 white five-pointed stars. Every force of the organized militia shall carry this flag when on parade or review."
(b) This Section 1-1 and Sections 1-2 and 1-3 of this Act shall become effective upon approval of this Act by the Governor or upon this Act´s becoming law without such approval.

(a) It shall be the duty of the Secretary of State to issue the call for the referendum election provided under this part to determine whether the qualified electors of the State of Georgia desire that the state flag adopted under Section 1-1 of this Act be changed. The Secretary of State shall conduct the referendum election as provided in this part on the date of the 2004 presidential preference primary election. The Secretary of State shall issue the call and conduct that referendum election as provided by general law.
(b) The ballot at the referendum election provided under this part shall have displayed or printed thereon the following:

"( ) YES

( ) NO

Should the State of Georgia keep the current state flag adopted at the 2003 session of the Georgia General Assembly? Vote 'YES' if you favor keeping the current state flag. If a majority vote 'YES' the state will keep the current flag. If a majority vote 'NO' there will be another election for the voters to choose between the pre-1956 state flag and the post-1956 state flag."

The Secretary of State shall include a picture of the state flag adopted under Section 1-1 of this Act in an appropriate position on the ballot to assist the voters and facilitate the voting process. All persons desiring to vote in favor of the proposition shall vote "Yes." All persons desiring to vote against the proposition shall vote "No."
(c) It shall be the duty of the Secretary of State to tabulate and certify the results of the referendum election and report said results to the Governor and the General Assembly immediately following such certification.

If a majority of the votes cast at the referendum election provided for in Section 1-2 of this Act are in favor of the keeping the current state flag, then Part II of this Act shall not become effective. If a majority of the votes cast at the referendum election provided for in Section 1-2 of this Act are opposed to keeping the current state flag, then Part II of this Act shall become effective.

PART II
SECTION 2-1.

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-3-1, relating to the state flag and public monuments, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The flag of the State of Georgia shall be three horizontal bands. The bottom horizontal band shall be red and shall occupy one-third of the entire flag. The center horizontal band shall be white and shall occupy two-thirds of the length of the flag and shall bear the words 'IN GOD WE TRUST' which words shall be the same blue color as the square field of blue. The top horizontal band shall be red and shall occupy two-thirds of the length of the flag. The remainder of the space shall be a square, one-third of the length of the flag, nearest to the flagstaff, consisting of a field of blue, centered upon which shall be placed a representation of the great seal containing the coat of arms of the state, and such seal shall be encircled by 13 white five-pointed stars. consist 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 contains 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.' Every force of the organized militia shall carry this flag when on parade or review."

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-3-1, relating to the state flag and public monuments, by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(a) The flag of the State of Georgia shall be three horizontal bands. The bottom horizontal band shall be red and shall occupy one-third of the entire flag. The center horizontal band shall be white and shall occupy two-thirds of the length of the flag and shall bear the words 'IN GOD WE TRUST' which words shall be the same blue color as the square field of blue. The top horizontal band shall be red and shall occupy two-thirds of the length of the flag. The remainder of the space shall be a square, one-third of the length of the flag, nearest to the flagstaff, consisting of a field of blue, centered upon which shall be placed a representation of the great seal containing the coat of arms of the state, and such seal shall be encircled by 13 white five-pointed stars. contain 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. Such flag is commonly known as the 'Post-1956 Georgia State Flag.' Every force of the organized militia shall carry this flag when on parade or review."

(a) It shall be the duty of the Secretary of State to issue the call for the referendum election provided under this part to determine whether the qualified electors of the State of Georgia desire that Section 2-1 or Section 2-2 of this Act become effective. The Secretary of State shall conduct the referendum election as provided in this part on the date of the 2004 general primary election. The Secretary of State shall issue the call and conduct that referendum election as provided by general law.
(b) The ballot at the referendum election provided under this part shall have displayed or printed thereon the following:

"( ) PRE-1956 FLAG

( ) POST-1956 FLAG

VOTE FOR ONLY ONE CHOICE: shall the flag of Georgia be changed to the design commonly referred to as the pre-1956 flag or to the design commonly referred to as the post-1956 flag?"

The Secretary of State shall include pictures of the pre-1956 flag and the post-1956 flag in appropriate positions on the ballot to assist the voters and facilitate the voting process.
(c) It shall be the duty of the Secretary of State to tabulate and certify the results of the referendum election and report said results to the Governor and the General Assembly immediately following such certification.
(d) If a majority of the votes cast are in favor of the pre-1956 flag, then Section 2-1 of this Act shall become effective on May 1, 2005, and Section 2-2 of this Act shall be of no force or effect. If a majority of the votes cast are in favor of the post-1956 flag, then Section 2-2 of this Act shall become effective on May 1, 2005, and Section 2-1 of this Act shall be of no force or effect.

PART III
SECTION 3-1.

(a) The General Assembly finds and determines that under our form of government, where the people rule and where the representatives in the legislature are but the agents of the people, when the wishes of the people as to whether a proposed Act should become law can be clearly ascertained by an election, this mode is consonant with the genius and form of our government. The General Assembly recognizes that it can neither delegate its powers nor bind future legislatures but believes that the submission to the voters of definite and complete propositions with their effectiveness contingent on the voice of the voters and the outcome subject to further legislative enactment is constitutionally permissible.
(b) The provisions of Part II of this Act may operate according to their terms without further action by the General Assembly, but the General Assembly shall retain the authority to deal with the subject matter of this Act by further legislative Act; and the General Assembly intends that the subject matter of this Act may be subject to further legislative review at the 2005 session of the General Assembly or thereafter as deemed appropriate by the General Assembly.

In the event any section or subsection of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections or subsections of this Act, which shall remain in full force and effect as if the section or subsection so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining provisions of this Act if it had known that such provision or provisions hereof would be declared or adjudged invalid or unconstitutional.

All laws and parts of laws in conflict with this Act are repealed.