8-3-125. Honor and remember flag.

(a) As a symbol of gratitude and respect for the ultimate sacrifice made by members of the United States military in service to our nation, the honor and remember flag, described under subsection (c) of this section, may be displayed at any state leased or owned building or office beneath the national flag on any day upon which the national flag is displayed. Any state agency, board or commission having authority for the supervision, control or management of a state leased or owned building or office is authorized to adopt rules relating to the display of the honor and remember flag at the state leased or owned building or office pursuant to this section.

(b) Any county, city, town or political subdivision of the state may display the honor and remember flag beneath the national flag on any day upon which the national flag is displayed.

(c) The honor and remember flag is the same proportions as the national flag. Its design contains a red field that occupies the top three-quarters (3/4) and a white field that occupies the bottom one-quarter (1/4) of the flag. In the center of the red field is a five (5) pointed gold star with the top point located near the top of the red field and the two (2) bottom points extending approximately one-quarter (1/4) of the way into the white field. The gold star has a white border surrounded by a blue border. Between the two (2) bottom points of the star is a folded national flag. At the top of the folded national flag, extending into the center of the gold star, is a stylized flame with one (1) blue part and two (2) red parts. In the white field below the flag, the words "Honor and Remember" are centered. The honor and remember flag is protected by United States copyright, registration number VA0001670661.

(d) All protocols used in displaying national flags shall be used in displaying the honor and remember flag. All penalties provided by the laws of this state for the misuse of the national flag are applicable to the honor and remember flag.

(e) Nothing in this section shall be construed to require the acquisition, erection and maintenance of a flagpole or the display of the honor and remember flag where a pole or display of the national flag does not already exist.