Assigned to GOV                                                                                                              AS PASSED BY COW

 

 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2010

 

first responder flags; homeowners' associations

Purpose

Prohibits a condominium unit owners' association (COA) and a planned community association (HOA) from prohibiting the outdoor display of a flag of the U.S. uniformed services, rather than only the flags of the U.S. Army, Navy, Air Force, Marine Corps or Coast Guard (military flag), a first responder flag, a Blue Star Service flag or a Gold Star Service flag.

Background

A COA or HOA may not prohibit the outdoor display of the: 1) American flag or an official or replica of a flag of the U.S. Army, Navy, Air Force, Marine Corps or Coast Guard; 2) POW/MIA flag; 3) Arizona state flag; 4) Arizona Indian Nations flag; and 5) Gadsden flag. A COA or an HOA must adopt reasonable rules and regulations regarding the placement and manner of display of the: 1) American flag; 2) military flag; 3) POW/MIA flag; 4) Arizona state flag; or 5) Arizona Indian Nations flag. A COA or HOA may regulate the location and size of flagpoles, but may not prohibit the installation of a flagpole (A.R.S. §§ 33-1261 and 33-1808).

The U.S. uniformed services includes the Army, Navy, Air Force, Space Force, Marine Corps, Coast Guard, National Guard, Commissioned Corps of the U.S. Public Health Service (USPHS) and the National Oceanic and Atmospheric Administration (NOAA) (U.S. DOD;
U.S. HHS; U.S. DOC).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Prohibits a COA or HOA from prohibiting the outdoor display of a flag of the U.S. uniformed services, rather than only a military flag.

2.   Prohibits a COA or an HOA from prohibiting the outdoor display of a first responder flag, a Blue Star Service flag or a Gold Star Service flag.

3.   Requires an HOA to adopt reasonable rules and regulations regarding the placement and manner of display of the Gadsden flag, first responder flag, a Blue Star Service flag or a Gold Star Service Flag.

4.   Defines first responder flag as a flag that recognizes and honors the services of:

a)   law enforcement and that is limited to the colors blue, black and white, prescribed words and the symbol of a generic police shield in a crest or star shape;

b)   fire department and that is limited to the colors red, gold, black and white, prescribed words and the symbol of a generic Maltese cross; and

c)   paramedics or emergency medical technicians and that are limited to the colors blue, black and white, prescribed words and the symbol of a generic star of life.

5.   Allows a first responder flag to incorporate the design of one or two other first responder flags to form a combined flag.

6.   Makes technical changes.

7.   Becomes effective on the general effective date.

Amendments Adopted by Committee

· Adds a Blue Star flag and a Gold Star flag to the list of flags of which a COA or an HOA may not prohibit the display.

Amendments Adopted by Committee of the Whole

· Prohibits a COA or an HOA from prohibiting the display of a flag of the U.S. uniformed services, rather than only a military flag.

House Action                                                           Senate Action

GE                   1/26/22      DP       7-6-0-0               GOV               3/7/22        DPA          4-2-1

3rd Read           2/3/22                    39-20-1

Prepared by Senate Research

April 11, 2022

MH/MF/slp