Assigned to COM                                                                                                              AS PASSED BY THE SENATE

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR S.B. 1055

 

American flag; patriotic display

 

 

Purpose

 

Prohibits homeowners’ associations (HOAs) from prohibiting an outdoor display of the American flag if the display is in a manner consistent with the Federal Flag Code and requires HOAs to adopt reasonable rules and regulations regarding the placement and manner of display.

 

Background

 

Currently, the flying of American flags in condominium and planned community HOAs in Arizona is governed by an HOA’s codes, covenants and restrictions (CC&R’s).   Restrictions that limit or ban the public display of the American flag have varied from HOA to HOA.  The U.S. Congress passed a concurrent resolution on September 13, 2001 encouraging all Americans to fly the American flag.  Accordingly, the Community Associations Institute (CAI) asked those community associations that prohibit the display of the American flag to place a six-month moratorium on enforcing those rules. 

 

S.B. 1055 prohibits condominium and planned community HOAs from prohibiting an outdoor display of the American flag if the display is in a manner consistent with the Federal Flag Code and requires HOAs to adopt reasonable rules and regulations regarding the placement and manner of display.

 

There is no anticipated fiscal impact to the state general fund associated with this bill.

 

Provisions

 

1.      Prohibits HOAs from prohibiting an outdoor display of the American flag if the display is in a manner consistent with the Federal Flag Code.

 

2.      Requires HOAs to adopt reasonable rules and regulations regarding the placement and manner of display of the American flag.

 

3.      Allows HOA rules to regulate location and size of flagpoles, but prohibits the rules from prohibiting the installation of a flagpole.

 

4.      Makes conforming changes.

 

5.      Provides for a general effective date. 

 

 

 

Amendments Adopted by Committee

 

1.      Specifies the manner in which the flag is displayed must be consistent with the Federal Flag Code.

 

2.      Requires HOAs to adopt reasonable rules and regulations regarding the placement and manner of display.

 

3.      Allows HOAs to regulate location and size of flagpoles, but not to prohibit the installation of a flagpole.

 

4.      Makes conforming changes.

 

Amendments Adopted by Committee of the Whole

 

·        Adopted a Rules Amendment, which removes "respectful and honorable" from the manner by which the flag is displayed and corrects the reference to the Federal Flag Code.

 

Senate Action

 

COM       1/16/02     DPA     6-0-0-0

3rd Read   2/4/02                    26-0-4-0

 

Prepared by Senate Staff

February 5, 2002