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CALIFORNIA STATUTES CONTAINING EITHER OR BOTH OF THE PHRASES “BEAR FLAG” OR “ STATE FLAG” as of January 10, 2007

N.B.: The phrases “California flag” and “bear flag revolt,” each, do not appear in any California statute.

California Government Code, Section 420
Adopts Bear Flag as the State Flag.

California Government Code, Section 427
Specifies the design of the Bear Flag to be used in the Governor’s seal.

California Government Code, Section 430
Requires Bear flag in courtrooms and commission hearing rooms.

California Government Code, Section 431
Requires display of Bear Flag on public buildings and grounds.

California Government Code, Section 432
Requires display of Bear Flag at certain games, performances and racetracks.

California Government Code, Section 433
Requires State flag be carried at head of procession or parade of certain military and law enforcement groups.

California Government Code, Section 434
Requires public officials charged with furnishing public locations to purchase and display the required flags.

California Government Code, Section 436
Specifies size and positions of U.S. and State Flags when flown together.

California Government Code, Section 439
Requires Adjutant General to regulate display of State Flag and to compile State Flag laws/regulations.

California Government Code, Section 14686
Requires Dept. of General Services to purchase and provide State Flag for display at public buildings.

California Government Code, Section 68507
Requires Judicial Council Secretary to purchase and install Bear Flag in the appellate courtrooms.

California Government Code, Section 69504
Requires County Board of Supervisors to purchase and install Bear Flag in the superior courts.

California Military & Veterans Code, Section 611
Defines Flag as meaning the State Flag & the U.S. Flag.

California Military & Veterans Code, Section 614
Provides that casting contempt on any Flag is a misdemeanor.

California Military & Veterans Code, Section 615
Provides that any provisions of code or law making acts unlawful do not apply if otherwise made lawful and provides that certain uses are permitted.

California Military & Veterans Code, Section 1831
Provides for use of POW/MIA Flag including where California state flag flies as feasible.

California Streets & Highways Code, Section 670.5
Permits display of State Flag on a sidewalk in or abutting a state highway within a city


GOVERNMENT CODE SECTIONS

 

420. The Bear Flag is the State Flag of California. As viewed with the hoist end of the flag to the left of the observer there appears in the upper left-hand corner of a white field a five-pointed red star with one point vertically upward and in the middle of the white field a brown grizzly bear walking toward the left with all four paws on a green grass plot, with head and eye turned slightly toward the observer; a red stripe forms the length of the flag at the bottom, and between the grass plot and the red stripe appear the words CALIFORNIA REPUBLIC. Dimensions, excluding heading and unfinished flag ends: The hoist or flag width is two-thirds of the fly or flag length; the red stripe width is one-sixth of the hoist width. The state official flag hoist widths shall be two, three, four, five, six and eight feet. The diameter of an imaginary circle passing through the points of the star is one-tenth of the fly length; the distance of the star center from the hoist end is one-sixth of the fly length and the distance from the star center to the top of the flag is four-fifths of the star-center distance from the hoist end. The length of the bear diagonally from the nose tip to the rear of right hind paw is two-thirds of the hoist width; the height of the bear from shoulder tip vertically to a line touching the bottoms of the front paws is one-half the length of the bear; the location of the bear in the white field is such that the center of the eye is midway between the top and bottom of the white field and the midpoint of the bear's length is midway between the fly ends. The grass plot in length is eleven-twelfths of the hoist width and the plot ends are equidistant from the fly ends; the average width of the plot between the rear of the left front paw and the front of the right rear paw is one-tenth of the grass plot length. The height of the condensed gothic letters, as shown on the representation, is one-half of the red stripe width and they occupy a lineal space of two-thirds of the fly length with the beginning and ending letters of the words equidistant from the fly ends. Colors: The following color references are those of the Textile Color Card Association of the United States, Inc., New York; the colors on the flag are to be substantially the same as these color references. White--of the white field, front of bear's eye, and on the bear's claws is White, cable number 70001. Red--of the red stripe, the star, and the bear's tongue is Old Glory, cable number 70180. Green--of the grass plot is Irish Green, cable number 70168. Brown--of the bear is Maple Sugar, cable number 70129. Dark brown--of the bear outline, paws, shading, fur undulations, iris of the eye, the 12 grass tufts in the grass plot, and the letters is Seal, cable number 70108. The general design and the details of the Bear Flag, excluding colors, shall correspond substantially with the following representation: This shall be the official State Flag of all state, county, city and town agencies. The flags now issued or in use shall continue in service until replacement is required.

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427. When the seal of the Governor is prepared in colors, the Bear Flag shall be shown in colors as set forth in Section 420; the blue field back of the flag, the outside border of the lettering "Seal of the Governor of the State of California", and the roman numerals shall be in Yale Blue, Cable No. 70086; the 31 stars, and the background upon which the lettering and roman numerals appear, shall be of United States Army Color Card designation Golden Yellow, No. 65001. The rising sun shall be of Indian Orange, Cable No. 70072; the flowers of the poppy shall be shades of Poppy Orange, No. 70069, Princeton Orange, No. 70070, and Golden Poppy, No. 70071. The stem and pods of the poppy shall be in shades of Jade Green, No. 70166 and Irish Green, No. 70168. Colors herein specified are those of the Textile Color Card Association of the United States, Inc., New York.

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430. The Flag of the United States and the Flag of the State of California (the Bear Flag) shall be prominently installed, displayed, and maintained in the following places: (a) In the courtrooms of all courts of the State. (b) In all rooms where any court or any state, county, or municipal commission holds any sessions.

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431. The Flag of the United States and the Flag of the State shall be prominently displayed during business hours upon or in front of the buildings or grounds of or at each of the following places: (a) Each public building belonging to the State, a county, or a municipality. (b) At the entrance and exit of every state park. (c) At the entrance or upon the grounds of each campus of the University of California. (d) At the entrance or upon the grounds or upon the administration building of every university, college, high school, and elementary school, both public and private, within the State. (e) Upon or at every agricultural inspection station just inside California and located on every highway leading into California. (f) At the entrance of or within every state highway maintenance station where personnel reside or are on duty at the time necessary to raise and lower the Flag.

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432. The Flag of the United States and the Flag of the State shall be prominently displayed during any and all games and performances of every kind which take place in a coliseum, stadium, bowl, or other open air sites, and at all race tracks where racing is being conducted.

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433. The National and State Flags shall be carried at the head of any procession or parade of: (a) The National Guard. (b) The California State Guard. (c) Any other state military organization. (d) Sheriff's posse. (e) City police or fire department.

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434. Where the installation or display of the Flag of the United States and the Flag of the State in a place publicly owned, whether by the State, a county, or a municipality, is prescribed, public officials charged with furnishing the place shall provide for the acquisition of the flags and their installation, display, and maintenance pursuant to this chapter.

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436. Where the National and State Flags are used, they shall be of the same size. If only one flagpole is used, the National Flag shall be above the State Flag and the State Flag shall be hung in such manner as not to interfere with any part of the National Flag. At all times the National Flag shall be placed in the position of first honor.

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439. The Adjutant General shall, by regulation, prescribe rules regarding the times, places, and manner in which the State Flag may be displayed. He shall, periodically, compile the laws and regulations regarding the State Flag. Copies of the compilation shall be printed and made available to the public at cost by the Department of General Services.

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14686. The Department of General Services shall purchase and provide for the display of both the Flag of the United States and the Bear Flag of California in a prominent place outside of each public building of the state.

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68507. The Secretary of the Judicial Council shall purchase and provide for the installation of the flag of the United States and the Bear Flag of California in all the courtrooms of the Supreme Court and the courts of appeal.

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69504. The board of supervisors of each county shall purchase and provide for the installation of the Flag of the United States and the Bear Flag of California in each superior courtroom in the county.

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MILITARY AND VETERANS CODE

 

611. (a) "Flag," as used in this division, means the State Flag of California and the Flag of the United States, as defined in this section. (b) "State Flag of California" includes any flag, standard, color, or ensign authorized by the laws of this state, and every picture or representation thereof, of any size, made of any substance, or represented on any substance evidently purporting to be any such flag, standard, color, or ensign of this state, and every picture or representation which shows the design thereof. (c) "Flag of the United States" includes any flag, standard, colors, or ensign authorized by the laws of the United States or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America, or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, standards, colors, or ensign of the United States of America.

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614. A person is guilty of a misdemeanor who knowingly casts contempt upon any Flag of the United States or of this state by publicly mutilating, defacing, defiling, burning, or trampling upon it.

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615. No provision of this code or of any law of this State which makes unlawful the use of the flag of the United States or of this State or of any picture or representation thereof shall apply to any act permitted by the statutes of the United States or of this State or by any regulations of the United States Army, or United States Air Force, or United States Navy, nor shall it be contrued to apply to any newspaper, periodical, book, pamphlet, circular, certificate, diploma, warrant or commission of appointment to office, ornamental picture, article of jewelry, or stationery for use in correspondence, on which is printed, painted, or placed a flag with no design or writing thereon and not connected with any advertisement.

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1831. (a) So that the people of California will not forget the sacrifices of those members of the United States Armed Forces who, after the termination of hostilities, remain prisoners of war or are missing in action, as well as the sacrifices of missing United States nonmilitary personnel and civilians, the Governor shall annually proclaim the third Friday of September to be known as Prisoner-of-War/Missing-in-Action (POW/MIA) Recognition Day.
(b) The flag of the National League of POW/MIA Families (POW/MIA Flag) is a black and white banner symbolizing those members of the United States Armed Forces who are listed as prisoners of war or missing in action. The flag serves as a powerful reminder to people everywhere of our country's firm resolve to achieve the fullest possible accounting for every member of the United States Armed Forces, and United States nonmilitary personnel and civilians. To the extent it is structurally feasible, the flag shall be flown during business hours, at locations where the United States flag and the California state flag currently fly, over all of the following places on the dates specified in subdivision (c): (1) All California National Guard armories. (2) Department of Veterans Affairs. (3) Military Department. (4) State Capitol. (5) All of the headquarters of the following agencies in Sacramento: (A) Business, Transportation and Housing Agency. (B) California Environmental Protection Agency. (C) California Health and Human Services Agency. (D) Office of Child Development and Education. (E) Resources Agency. (F) State and Consumer Services Agency. (G) Youth and Adult Correctional Agency.
(c) (1) For the purpose of subdivision (b), the POW/MIA Flag shall be flown on the following dates: (A) Armed Forces Day, the third Saturday in May. (B) Memorial Day, the last Monday in May. (C) Flag Day, June 14. (D) Independence Day, July 4. (E) National POW/MIA Recognition Day, the third Friday in September. (F) Veterans Day, November 11. (2) If June 14, July 4, or November 11 falls upon a Saturday, the flag shall be flown on the preceding Friday. If any of those dates fall upon a Sunday, the flag shall be flown on the following Monday.
(d) The flag shall be flown at the Vietnam Veterans Memorial located on the grounds of the State Capitol whenever the United States flag is flown at that location.
(e) Additionally, the Governor and the Legislature are authorized and requested to issue proclamations calling upon the people, schools, and local governments of California to recognize POW/MIA Recognition Day with appropriate ceremonies and activities.

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STREETS AND HIGHWAYS CODE

670.5. The Flag of the United States of America and the Flag of the State of California may be displayed on a sidewalk located in or abutting on a state highway situated within a city, if the type of flag-holder and the method of its installation and maintenance are not in violation of the department's rules.

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August 4, 2013

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