H.B. 79 Enrolled

RIGHT TO DISPLAY FLAG AT PERSONAL
RESIDENCE
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Carl W. Duckworth

LONG TITLE
General Description:
This bill modifies the Real Estate code to provide certain residents with the right to
display the United States or Utah flag.
Highlighted Provisions:
This bill:
. provides a right to display the United States or Utah flag to:
. a renter of a residential rental unit;
. a resident of a mobile home park; and
. a condominium unit owner.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
57-24-101, Utah Code Annotated 1953
57-24-102, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 57-24-101 is enacted to read:
CHAPTER 24. DISPLAY OF FLAG
57-24-101. Definitions.

As used in this chapter:
(1) (a) "Flag"means a depiction or emblem:
(i) (A) of the flag of the United States as provided in United States Code Title 4, Chapter
1, The Flag; or
(B) of the state flag of Utah as provided in Section 63-13-5 ;
(ii) made from fabric or cloth; and
(iii) with measurements that do not exceed three feet by five feet.
(b) "Flag" does not include a depiction or emblem made from:
(i) lights;
(ii) paint;
(iii) roofing;
(iv) siding;
(v) paving materials;
(vi) flora;
(vii) balloons; or
(viii) any other building, landscaping, or decorative component.
(2) "Resident" means:
(a) a renter as defined in Section 57-22-2 ;
(b) a resident as defined in Section 57-16-3 ; or
(c) a unit owner as defined in Section 57-8-3 .
(3) "Residential property management authority" means:
(a) an owner as defined in Section 57-22-2 ;
(b) a mobile home park as defined in Section 57-16-3 ;
(c) a mobile home park residents' association established in accordance with Section
57-16-16 ;
(d) an association of unit owners as defined in Section 57-8-3 ; or
(e) a management committee as defined in Section 57-8-3 .
Section 2. Section 57-24-102 is enacted to read:

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57-24-102. Restriction on prohibition of display of flag.
(1) A residential property management authority may not prohibit a resident from
displaying a flag:
(a) consistent with the guidelines in United States Code Title 4, Chapter 1, The Flag;
(b) within an area over which the resident has exclusive control; and
(c) from a staff, pole, or window.
(2) In any action to enforce this section, the prevailing party shall be awarded costs and
reasonable attorney fees.
(3) This section does not apply to a contract or agreement entered into before May 3,
2004.

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