Sec. 45-12-83.1. Display of state flag.

(a) As used in this Code section, the term 'agency' means:

(1) Every state department, agency, board, bureau, commission, public corporation, and authority;

(2) Every county, municipal corporation, school district, or other political subdivision of this state;

(3) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; and

(4) Every city, county, regional, or other authority established pursuant to the laws of this state.

(b) Notwithstanding the provisions of Code Section 50-3-4.1, any agency which is eligible to receive
appropriated state funds shall be required to display the Georgia state flag provided for in Code Section 50-3-1. No funds may be made available for expenditure by any agency which is not in compliance with the provisions of this subsection. The Office of Planning and Budget shall investigate any allegations of noncompliance with the provisions of this Code section. The Office of Planning and Budget and the Office of Treasury and Fiscal Services shall enforce the provisions of this Code section.

Sec. 50-3-1. Description of state flag; militia to carry flag.

(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 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. Every force of the organized militia shall carry this flag when on parade or review.

(b)(1) It shall be unlawful for any person, firm, corporation, or other entity to mutilate, deface, defile, or abuse contemptuously any publicly owned monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof, and no officer, body, or representative of state or local government or any department, agency, authority, or instrumentality thereof shall remove or conceal from display any such monument, plaque, marker, or memorial for the purpose of preventing the visible display of the same. A violation of this paragraph shall constitute a misdemeanor.

(2) No publicly owned monument or memorial erected, constructed, created, or maintained on the public property of this state or its agencies, departments, authorities, or instrumentalities in honor of the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof shall be relocated, removed, concealed, obscured or altered in any fashion; provided, however, that appropriate measures for the preservation, protection, and interpretation of such monuments or memorials shall not be prohibited.

(3) Conduct prohibited by this subsection shall be enjoined by the appropriate superior court upon proper application therefor.

(c) Any other provision of law notwithstanding, the memorial to the heroes of the Confederate States of America graven upon the face of Stone Mountain shall never be altered, removed, concealed, or obscured in any fashion and shall be preserved and protected for all time as a tribute to the bravery and heroism of the citizens of this state who suffered and died in their cause.

Sec. 50-3-2. Pledge of allegiance to state flag.

The following is adopted as the pledge of allegiance to the state flag:
"I pledge allegiance to the Georgia flag and to the principles for which it stands: Wisdom, Justice, and Moderation."

Sec. 50-3-3. Display of state flag.

The state flag shall be displayed on appropriate occasions in the public and private schools of this state and in all patriotic meetings, and the citizens of the state are requested to take the pledge of allegiance set out in Code Section 50-3-2.

Sec. 50-3-4. Designation of Secretary of State as custodian of state flag; procurement and furnishing of flags to schools.

The Secretary of State is designated as the custodian of the state flag. From funds made available for such purpose, the Secretary of State shall procure suitable state flags; and he shall be authorized to furnish, without cost, to the various public schools of this state, to the superior and state courts, and to other departments and agencies of the state, counties, or municipal authorities, such flags for their use in displaying same. From such funds he is authorized to procure such flags and facsimiles thereof as may cause the flag sufficiently and properly to be made known and displayed.

Sec. 50-3-4.1. School superintendents and administrative officials authorized to display copies of national motto and American and Georgia flags in certain places; means of acquisition.

(a) Local school superintendents of the public schools in this state and the appropriate administrative officials of the various institutions and agencies of this state, provided that sufficient funds or the items themselves are available as provided in subsection (b) of this Code section, are authorized to place a durable poster or framed copy representing the following which may be displayed in each public elementary and secondary school library and classroom in this state and in each public building or facility in this state which is maintained or operated by state funds:

(1) Our national motto, "In God We Trust";

(2) A true and correct representation of the American flag, which shall be centered under the national motto; and

(3) A true and correct representation of the Georgia state flag.

(b) The copies or posters authorized by this Code section shall either be donated or shall be purchased solely with funds made available through voluntary contributions to the local school boards in the case of displays in public schools or to the Georgia Building Authority in the case of displays in state buildings and facilities.

Sec. 50-3-5. Preservation of Confederate flags.

The flags of the Georgia troops who served in the army of the Confederate States, and which have been returned to the state by the United States government, shall be preserved for all time in the capitol as priceless mementos of the cause they represented and of the heroism and patriotism of the men who bore them.

Sec. 50-3-6. Display of Spanish-American War flags.

The flags of the Georgia regiments which engaged in the Spanish-American War shall be displayed in the corridors of the capitol in a manner similar to those of the Confederate regiments.

Sec. 50-3-7. Duty of Governor to accept flags.

When any flag referred to in Code Section 50-3-5 or 50-3-6 is offered to the state, it shall be the duty of the Governor to accept it in behalf of the state and to make such provisions for its preservation as may be necessary to protect and preserve it from the ravages of time, dust, and moths.

Sec. 50-3-8. Use of national, state, or Confederate flag for advertising, selling, or promoting the sale of merchandise unlawful.

(a) It shall be unlawful for any person, firm, or corporation to copy, print, publish, or otherwise use the flag of the United States, the flag, coat of arms, or state emblem of the State of Georgia, or the flag or emblem of the Confederate States of America, or any flag or emblem used by the Confederate States of America at any time within the years 1860 to 1865, both inclusive, for the purpose of advertising, selling, or promoting the sale of any article of merchandise whatever in this state.

(b) Notwithstanding subsection (a) of this Code section, any person, firm, or corporation which contracts with the state to publish an official publication shall be authorized to use the state emblem on the cover of the publication. Utilization by the contracting person, firm, or corporation of the cover of the publication, with the state emblem thereon, for advertising purposes shall not constitute a violation of subsection (a) of this Code section.

Sec. 50-3-9. Abuse of federal, state, or Confederate flag unlawful.

It shall be unlawful for any person, firm, or corporation to mutilate, deface, defile, or abuse contemptuously the flag of the United States, the flag, coat of arms, or emblem of the State of Georgia, or the flag or emblem of the Confederate States of America by any act whatever.

Sec. 50-3-10. Use of flag for decorative or patriotic purposes.

Nothing in this article shall be construed to prevent the use of the flag of the United States or any flag, standard, color, shield, ensign, or other insignia of the State of Georgia or of the Confederate States of America for decorative or patriotic purposes, either inside or outside of any residence, store, place of business, public building, or school building.

Sec. 50-3-11. Penalty.

Any person, firm, or corporation who violates any provision of Code Section 50-3-8 or 50-3-9 shall be guilty of a misdemeanor.

© Carl Vinson Institute of Government, The University of Georgia

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