House File 2559 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON VETERANS
                                           AFFAIRS

                                       (SUCCESSOR TO HF 2191)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act prohibiting the sale at retail of designated flags
  2    manufactured outside of the United States and establishing a
  3    penalty.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5255HV 82
  6 rn/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  554E.1  SALE OF FLAGS ==
  1  2 RESTRICTION.
  1  3    1.  a.  A person shall not sell or offer for sale at retail
  1  4 in this state on or after January 1, 2009, any of the
  1  5 following flags, unless the flag was manufactured in the
  1  6 United States:
  1  7    (1)  The United States flag.
  1  8    (2)  The state flag of Iowa.
  1  9    (3)  A flag representing or commemorating United States
  1 10 soldiers characterized as missing in action or prisoners of
  1 11 war.
  1 12    b.  For purposes of this section, "person" includes an
  1 13 individual, an owner or operator of a retail mercantile
  1 14 establishment, or an agent, employee, officer, director,
  1 15 franchisee, or independent contractor of such owner or
  1 16 operator.
  1 17    c.  For purposes of this section, "flag" means a piece of
  1 18 woven cloth or other material designed to be flown for
  1 19 purposes of public display from a pole or mast.
  1 20    d.  This section shall not apply to representations or
  1 21 depictions of a flag not meeting the definition in paragraph
  1 22 "c" which are affixed or attached to physical objects, works
  1 23 of art, or memorabilia.
  1 24    2.  A person violating this section shall be guilty of a
  1 25 simple misdemeanor.  Each sale made in violation of this
  1 26 section constitutes a separate offense.
  1 27                           EXPLANATION
  1 28    This bill prohibits a person from selling or offering for
  1 29 sale at retail, on or after January 1, 2009, designated forms
  1 30 of flags, as defined in the bill, unless the flags are
  1 31 manufactured in the United States.  Flags encompassed by the
  1 32 prohibition include the United States flag, the state flag of
  1 33 Iowa, and flags representing or commemorating United States
  1 34 soldiers characterized as missing in action or prisoners of
  1 35 war.  The bill provides a "person" includes an individual, an
  2  1 owner or operator of a retail mercantile establishment, or an
  2  2 agent, employee, officer, director, franchisee, or independent
  2  3 contractor of such an owner or operator.
  2  4    The bill specifies that the prohibition does not extend to
  2  5 depictions of a flag affixed or attached to objects which do
  2  6 not meet the definition in the bill of a piece of woven cloth
  2  7 or material designed to be flown from a pole or mast.
  2  8    The bill establishes a penalty of a simple misdemeanor for
  2  9 violations of the prohibition.  A simple misdemeanor is
  2 10 punishable by confinement for no more than 30 days or a fine
  2 11 of at least $65 but not more than $625 or by both.  The bill
  2 12 specifies that each sale made in violation of the prohibition
  2 13 shall be considered a separate offense.
  2 14 LSB 5255HV 82
  2 15 rn/nh/5