H.B. 79

This document includes House Floor Amendments incorporated into the bill on Mon, Mar 1, 2004 at 2:22 PM by chopkin. --> 1

RIGHT TO DISPLAY FLAG AT PERSONAL
2 RESIDENCE
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Carl W. Duckworth
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Real Estate code to provide certain residents with the right to
10 display the United States or Utah flag.
11 Highlighted Provisions:
12 This bill:
13 . provides a right to display the United States or Utah flag to:
14 . a renter of a residential rental unit;
15 . a resident of a mobile home park; and
16 . a condominium unit owner.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 57-24-101, Utah Code Annotated 1953
24 57-24-102, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 57-24-101 is enacted to read:

28 CHAPTER 24. DISPLAY OF FLAG
29 57-24-101. Definitions.
30 As used in this chapter:
31 (1) (a) "Flag"means a depiction or emblem:
32 (i) (A) of the flag of the United States as provided in United States Code Title 4,
33 Chapter 1, The Flag; or
34 (B) of the state flag of Utah as provided in Section 63-13-5 ;
35 (ii) made from fabric or cloth; and
36 (iii) with measurements that do not exceed three feet by five feet.
37 (b) "Flag" does not include a depiction or emblem made from:
38 (i) lights;
39 (ii) paint;
40 (iii) roofing;
41 (iv) siding;
42 (v) paving materials;
43 (vi) flora;
44 (vii) balloons; or
45 (viii) any other building, landscaping, or decorative component.
46 (2) "Resident" means:
47 (a) a renter as defined in Section 57-22-2 ;
48 (b) a resident as defined in Section 57-16-3 ; or
49 (c) a unit owner as defined in Section 57-8-3 .
50 (3) "Residential property management authority" means:
51 (a) an owner as defined in Section 57-22-2 ;
52 (b) a mobile home park as defined in Section 57-16-3 ;
53 (c) a mobile home park residents' association established in accordance with Section
54 57-16-16 ;
55 (d) an association of unit owners as defined in Section 57-8-3 ; or
56 (e) a management committee as defined in Section 57-8-3 .
57 Section 2. Section 57-24-102 is enacted to read:
58 57-24-102. Restriction on prohibition of display of flag.

59 (1) A residential property management authority may not prohibit a resident from
60 displaying a flag:
61 (a) consistent with the guidelines in United States Code Title 4, Chapter 1, The Flag;
62 (b) within an area over which the resident has exclusive control; and
63 (c) from a staff, pole, or window.
64 (2) In any action to enforce this section, the prevailing party shall be awarded costs and
65 reasonable attorney fees.
65a H (3) THIS SECTION DOES NOT APPLY TO A CONTRACT OR AGREEMENT ENTERED INTO
65b BEFORE MAY 3, 2004. h




Legislative Review Note
as of 12-17-03 8:17 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel