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Introduced Version House Bill 2196 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2196


(By Delegates Stemple, White, Doyle and Paxton)

[Introduced January 9, 2008; referred to the

Committee on Veterans Affairs and Homeland Security then the Judiciary.]





A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-11-3, relating to providing that United States flags fly at half-mast for three days whenever a state resident soldier is killed by hostile fire or when an in-state law-enforcement officer is killed in the line of duty; and, requiring the Secretary of Military Affairs and Public Safety to send notice to all appropriate state and local governmental agencies directing them to fly flags at half-mast, commencing two days before the day of the funeral of the deceased soldier or law-enforcement officer.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §15-11-3, to read as follows:

ARTICLE 11. PAYMENT OF FUNERAL EXPENSES AND OBSERVANCE OF LOSS.

§15-11-3. Flag to be flown at half-mast when soldier killed by hostile fire or law-enforcement officer killed in the line of duty; Secretary to notify state and local authorities.

(a) Each state, county and municipal governmental agency that regulates the exhibition of the flag of the United States shall exhibit the flying of the flag at half-mast upon official notification from the Secretary of Military Affairs and Public Safety that either a state resident member of the Armed Forces was killed by hostile fire, or that a resident law-enforcement officer was killed in the line of duty. The flag shall remain at half-mast for three days, commencing two days before the day designated for the funeral.
(b) Upon official notification that a member of the Armed Forces was killed by hostile fire who, at the time of his or her death, was a resident of this state, or that a resident law-enforcement officer was killed in the line of duty, the Secretary of Military Affairs and Public Safety shall notify all appropriate state, county and municipal governmental agencies of the member or officer's death and the circumstances surrounding it.


NOTE: The purpose of this bill is to provide that United States flags fly at half-mast for three days whenever a state resident soldier is killed by hostile fire or when an in-state law-enforcement officer is killed in the line of duty. In furtherance of this purpose, certain provisions of the bill require the Secretary of Military Affairs and Public Safety to send notice to all appropriate state and local governmental agencies directing them to fly flags at half-mast for three days, commencing two days prior to the funeral.


This section is new; therefore, strike-throughs and underscoring have been omitted.
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