H.B. 62

1

DISPLAY OF PRISONER OF WAR AND MISSING IN
2 ACTION FLAG
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: John R. Westwood
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill requires that a government entity display the POW/MIA flag on certain days
11 and in a certain manner.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . requires a government entity that displays the flag of the United States or the state
16 flag of Utah to display the POW/MIA flag on Armed Forces Day, Memorial Day,
17 Flag Day, Independence Day, Veteran's Day, and National POW/MIA Recognition
18 Day; and
19 . describes the manner in which a government entity is required to display the
20 POW/MIA flag.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 63G-1-701, Utah Code Annotated 1953

28 63G-1-702, Utah Code Annotated 1953
29 63G-1-703, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 63G-1-701 is enacted to read:
33 Part 7. Display of Flags by a Government Entity
34 63G-1-701. Title.
35 This part is known as "Display of Flags by a Government Entity."
36 Section 2. Section 63G-1-702 is enacted to read:
37 63G-1-702. Definitions.
38 As used in this part:
39 (1) (a) "Flag" means a depiction or emblem made from fabric or cloth.
40 (b) "Flag" does not include a depiction or emblem made from:
41 (i) lights;
42 (ii) paint;
43 (iii) roofing;
44 (iv) siding;
45 (v) paving materials;
46 (vi) flora;
47 (vii) balloons; or
48 (viii) any other building, landscaping, or decorative component other than fabric or
49 cloth.
50 (2) "Flag of the United States" is the flag described in United States Code Title 4,
51 Chapter 1, The Flag.
52 (3) "Government entity" means:
53 (a) a branch of state government;
54 (b) an agency, department, division, office, bureau, or other entity of state government;
55 (c) a political subdivision;
56 (d) an agency, department, division, office, bureau, or other entity of a political
57 subdivision;
58 (e) a public school; or

59 (f) a state institution of higher education.
60 (4) "Political subdivision" means a county, city, town, school district, community
61 development and renewal agency, special improvement or taxing district, local district, special
62 service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13,
63 Interlocal Cooperation Act, or any other governmental subdivision or public corporation.
64 (5) "POW/MIA flag" means the POW/MIA flag of the National League of Families of
65 American Prisoners and Missing in Southeast Asia.
66 (6) "State flag of Utah" is the flag described in Section 63G-1-501 .
67 Section 3. Section 63G-1-703 is enacted to read:
68 63G-1-703. Display of POW/MIA flag.
69 (1) In any place where a government entity displays the flag of the United States or the
70 state flag of Utah, the government entity shall display the POW/MIA flag, in the manner
71 described in Subsection (2), from sunrise to sunset on the following days:
72 (a) Armed Forces Day, the third Saturday in May;
73 (b) Memorial Day, the last Monday in May;
74 (c) Flag Day, June 14;
75 (d) Independence Day, July 4;
76 (e) Veteran's Day, November 11; and
77 (f) National POW/MIA Recognition Day, the third Friday in September.
78 (2) When displaying the POW/MIA flag, a government entity shall fly or hang the
79 POW/MIA flag:
80 (a) directly under or adjacent to the flag of the United States; and
81 (b) adjacent to, or above, the state flag of Utah.
82 (3) A government entity may not fly or hang the POW/MIA flag:
83 (a) above the flag of the United States; or
84 (b) below the state flag of Utah.




Legislative Review Note
as of 1-2-13 3:11 PM

Office of Legislative Research and General Counsel

[Bill Documents]