CSHB 269(STA): "An Act requiring state institutions and public schools to procure United States and Alaska flags manufactured in the United States."
00 CS FOR HOUSE BILL NO. 269(STA) 01 "An Act requiring state institutions and public schools to procure United States and 02 Alaska flags manufactured in the United States." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.03.130 is amended by adding a new subsection to read: 05 (c) The flags purchased for display as required by this section must be 06 manufactured in the United States, as that phrase is defined in AS 36.30.321. 07 * Sec. 2. AS 15.15.060(c) is amended to read: 08 (c) The director shall pay the cost of necessary election expenses incurred in 09 securing a place for holding the election, a suitable ballot box, and an adequate 10 number of voting booths, screens, national flags, and other supplies. The national flag 11 shall be displayed over or near the entrance of each polling place. A flag that is 12 purchased for display as required by this subsection must be manufactured in the 13 United States, as that phrase is defined in AS 36.30.321. 14 * Sec. 3. AS 15.56.070(a) is amended to read:
01 (a) A person commits the crime of election official misconduct in the first 02 degree if, while an election official, the person 03 (1) intentionally fails to perform an election duty or knowingly does an 04 unauthorized act with the intent to affect an election or its results; in this subsection, 05 failure to purchase a flag for display that is manufactured in the United States 06 under AS 15.15.060(c) is not considered failure to perform an election duty; 07 (2) knowingly permits or makes or attempts to make a false count of 08 election returns; or 09 (3) intentionally conceals, withholds, destroys, or attempts to conceal, 10 withhold, or destroy election returns. 11 * Sec. 4. AS 36.30 is amended by adding a new section to article 4 to read: 12 Sec. 36.30.321. United States manufactured flags. The state shall procure 13 only United States flags or Alaska flags that are manufactured in the United States. A 14 contract for the procurement of a flag by the state must specify that the flag must be 15 manufactured in the United States. In this section, "manufactured in the United States" 16 means the flag was assembled in facilities in the United States. 17 * Sec. 5. AS 36.30.640 is amended to read: 18 Sec. 36.30.640. Causes for debarment or suspension. The causes for 19 debarment or suspension include 20 (1) conviction for commission of a criminal offense as an incident to 21 obtaining or attempting to obtain a public or private contract or subcontract, or in the 22 performance of the contract or subcontract; 23 (2) conviction under state or federal statutes of embezzlement, theft, 24 forgery, bribery, falsification or destruction of records, receiving stolen property, or 25 other offense indicating a lack of business integrity or business honesty that currently 26 and seriously affects responsibility as a state contractor; 27 (3) conviction or civil judgment finding a violation under state or 28 federal antitrust statutes; 29 (4) violation of contract provisions of a character that is regarded by 30 the commissioner to be so serious as to justify debarment action, such as 31 (A) knowing failure without good cause to perform in
01 accordance with the specifications or within the time limit provided in the 02 contract; or 03 (B) failure to perform or unsatisfactory performance in 04 accordance with the terms of one or more contracts, except that failure to 05 perform or unsatisfactory performance caused by acts beyond the control of the 06 contractor may not be considered to be a basis for debarment; 07 (5) for violation of the ethical standards set out in law or regulation; 08 (6) for a violation of this chapter punishable under AS 36.30.930(a)(2) 09 [AS 36.30.930(2)]; and 10 (7) any other cause listed in regulations of the commissioner 11 determined to be so serious and compelling as to affect responsibility as a state 12 contractor, including debarment by another governmental entity for a cause listed in 13 the regulations. 14 * Sec. 6. AS 36.30.930 is amended by adding a new subsection to read: 15 (b) Notwithstanding the provisions of (a) of this section, a person who fails to 16 procure flags manufactured only in the United States under (a) of this section may not 17 be penalized. 18 * Sec. 7. AS 44.09.030 is amended by adding a new subsection to read: 19 (d) The flags purchased for display under (b) of this section must be 20 manufactured in the United States, as that phrase is defined in AS 36.30.321. 21 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TRANSITIONAL PROVISIONS. Notwithstanding AS 14.03.130(c), added by sec. 1 24 of this Act, AS 15.15.060(c), as amended by sec. 2 of this Act, and AS 44.09.030(d), added 25 by sec. 7 of this Act, a flag that was not manufactured in the United States may be displayed 26 under AS 14.03.130, AS 15.15.060, or AS 44.09.030 on or after the effective date of this Act 27 if it was purchased before the effective date of this Act. AS 36.30.321, added by sec. 4 of this 28 Act, applies to purchases of flags on or after the effective date of this Act.