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H.B. 79
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RIGHT TO DISPLAY FLAG AT PERSONAL
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RESIDENCE
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Carl W. Duckworth
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LONG TITLE
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General Description:
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This bill modifies the Real Estate code to provide certain residents with the right to
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display the United States or Utah flag.
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Highlighted Provisions:
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This bill:
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. provides a right to display the United States or Utah flag to:
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. a renter of a residential rental unit;
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. a resident of a mobile home park; and
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. a condominium unit owner.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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57-24-101, Utah Code Annotated 1953
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57-24-102, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
57-24-101
is enacted to read:
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CHAPTER 24. DISPLAY OF FLAG
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57-24-101. Definitions.
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As used in this chapter:
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(1) (a) "Flag"means a depiction or emblem:
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(i) (A) of the flag of the United States as provided in United States Code Title 4,
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Chapter 1, The Flag; or
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(B) of the state flag of Utah as provided in Section
63-13-5
;
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(ii) made from fabric or cloth; and
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(iii) with measurements that do not exceed three feet by five feet.
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(b) "Flag" does not include a depiction or emblem made from:
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(i) lights;
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(ii) paint;
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(iii) roofing;
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(iv) siding;
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(v) paving materials;
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(vi) flora;
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(vii) balloons; or
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(viii) any other building, landscaping, or decorative component.
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(2) "Resident" means:
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(a) a renter as defined in Section
57-22-2
;
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(b) a resident as defined in Section
57-16-3
; or
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(c) a unit owner as defined in Section
57-8-3
.
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(3) "Residential property management authority" means:
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(a) an owner as defined in Section
57-22-2
;
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(b) a mobile home park as defined in Section
57-16-3
;
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(c) a mobile home park residents' association established in accordance with Section
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57-16-16
;
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(d) an association of unit owners as defined in Section
57-8-3
; or
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(e) a management committee as defined in Section
57-8-3
.
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Section 2.
Section
57-24-102
is enacted to read:
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57-24-102. Restriction on prohibition of display of flag.
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(1) A residential property management authority may not prohibit a resident from
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displaying a flag:
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(a) consistent with the guidelines in United States Code Title 4, Chapter 1, The Flag;
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(b) within an area over which the resident has exclusive control; and
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(c) from a staff, pole, or window.
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(2) In any action to enforce this section, the prevailing party shall be awarded costs and
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reasonable attorney fees.
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.