HB 77: Flag Display Amendments - Utah

Amended 2/28/2025 11:02:876 → Substitute #1 · 9 edits

MAJOR

The bill text was reformatted from a previous version to a substitute version, with several substantive changes to flag display exemptions and enforcement provisions. The most significant changes involve narrowing certain exemptions and clarifying the scope of protected flags.

Scope change

The bill's scope was narrowed by removing specific exemptions for Olympic committees and paralympic flags, and by removing the requirement that exempt flags must be historic versions for educational purposes.

EXEMPTIONS

Removed exemptions for flags of the United States Olympic Committee, United States Paralympic Committee, International Olympic Committee, and International Paralympic Committee, as well as flags of olympiads or paralympiads occurring in the state.

Changed the exemption for historic flags by removing the requirement that they must be displayed for educational purposes.

Removed the exemption for flags representing branches, units, or divisions of the United States military.

Modified the college/university flag exemption to remove the requirement that flags depict only colors, logos, and marks consistent with official branding.

DEFINITION

Changed the definition of 'Flag' from two separate clauses to a single clause covering rectangular fabric pieces with specific designs.

ENFORCEMENT

Simplified the language regarding who may not display flags, removing redundant references to classroom settings and school districts.

Modified the notice provision for parents to remove reference to Utah Schools for the Deaf and the Blind.

Changed the language regarding local education agency authority to remove reference to protecting students from discrimination.

Removed the severability clause that was present in the original version.

Amended 2/21/2025 17:02:173 → Amended 2/28/2025 11:02:876 · 5 edits

MODERATE

This bill was amended to fix formatting errors and update language in the flag display statute. The changes primarily involve correcting repetitive text, adjusting punctuation, and clarifying definitions to improve readability and legal precision. The substantive policy regarding flag display on government property remains unchanged.

Scope change

No substantive change to the bill's scope or applicability; changes are primarily technical and editorial.

TECHNICAL

Corrected repetitive and confusing language in the definition of 'flag' to remove redundant phrasing about fabric and design.

Adjusted punctuation and spacing in the highlighted provisions section to improve formatting and clarity.

Fixed numbering errors and formatting inconsistencies in the list of exempted flags.

Corrected repetitive language in the prohibition section regarding who may not display flags.

DEFINITION

Revised the definition of 'flag' to remove duplicate descriptions and clarify what constitutes a flag under the statute.

Amended 2/14/2025 09:02:172 → Amended 2/21/2025 17:02:173 · 6 edits

MODERATE

This bill was amended to expand the list of exempt flags that government entities can display, clarify who is prohibited from displaying flags, and update the definition of 'flag' to remove references to depictions. The changes aim to provide more flexibility for displaying certain flags like Olympic flags while maintaining restrictions on other flag displays in government settings.

Scope change

The bill's scope was expanded to include additional exempt flags (Olympic and Paralympic flags) and clarified that the prohibition applies to employees acting within their official duties, not just those in classrooms.

DEFINITION

The definition of 'flag' was changed to remove the alternative definition regarding depictions of fabric, narrowing what constitutes a flag under the law.

ELIGIBILITY

The prohibition on displaying flags now applies to government entity employees acting within their official duties, rather than being limited to employees within classrooms of public schools.

SCOPE

New exemptions were added for flags of the United States Olympic Committee, United States Paralympic Committee, International Olympic Committee, and International Paralympic Committee.

New exemptions were added for official flags of olympiads or paralympiads that occur or will occur within the state.

REQUIREMENT

The exemption for historic flags was updated to reference subsections (3)(a) through (h) and (b) instead of the previous range.

The exemption for flags of organizations authorized to use public school facilities was relettered from (k) to (m) due to the insertion of new Olympic-related exemptions.

Amended Excerpts 2/28/2025 11:02:876 → Amended 2/14/2025 09:02:172 · 5 edits

MODERATE

The bill was amended to remove several exemptions for flags that could be displayed on government property, including flags representing Olympic committees, paralympic committees, and organizations authorized to use public school facilities. The amendments also simplified the definition of 'flag' and 'government entity' while maintaining core prohibitions on displaying flags on government property.

Scope change

The bill's scope was narrowed by removing exemptions for Olympic/Paralympic flags and public school facility organization flags, making fewer flags eligible for display on government property.

ELIGIBILITY

Removed exemptions for flags representing the United States Olympic Committee, United States Paralympic Committee, International Olympic Committee, International Paralympic Committee, and olympiad/paralympiad flags.

Removed exemptions for flags of organizations authorized to use public school facilities at a location and during authorized use times.

DEFINITION

Simplified the definition of 'flag' by removing the separate clause for Olympic/Paralympic flags and combining remaining exemptions into a single list.

Added specific references to Utah state agencies and local government entities in the definition of 'government entity'.

REQUIREMENT

Changed the exemption language for historic flags to specify they must be 'temporarily displayed for educational purposes'.

Amended Excerpts 2/21/2025 17:02:173 → Amended Excerpts 2/28/2025 11:02:876 · 5 edits

MODERATE

The bill was amended to clarify definitions of 'flag' and 'government entity,' add protections for Native American tribal flags and officially licensed college/university flags, and modify legal procedures for parents challenging flag display policies. These changes expand protected categories while maintaining existing enforcement mechanisms.

Scope change

The bill's scope expanded to include Native American tribal flags and officially licensed college/university flags as protected categories, while clarifying definitions to reduce ambiguity about what constitutes a protected flag.

DEFINITION

Definition of 'flag' was modified to clarify it includes depictions of fabric with specific designs symbolizing locations, government entities, or causes.

Clarified definition of 'government entity' to specify it includes employees acting within official duties in classrooms.

SCOPE

Added protection for flags representing Indian tribes as defined in federal law.

Modified protection for college and university flags to include officially licensed flags depicting only colors, logos, and marks consistent with official branding.

ENFORCEMENT

Modified legal procedures for parents challenging flag display policies to clarify notice requirements and resolution timelines.

Amended Excerpts 2/14/2025 09:02:172 → Amended Excerpts 2/21/2025 17:02:173 · 5 edits

MODERATE

The bill was amended to expand the definition of what constitutes a 'flag' to include various official flags (college, Olympic, paralympic, etc.) and to clarify that government entities and employees may not display flags in classrooms. The amendments also reorganized the notice and resolution process for alleged violations, requiring parents to provide written notice to local education agencies before filing court actions, while maintaining the 10-day resolution timeline.

Scope change

The bill's scope was expanded to include more types of official flags as exceptions to display restrictions, and the applicability was clarified to cover employees acting within official duties in addition to government entities.

DEFINITION

Added specific definitions for 'flag' including college/university flags, Olympic/Paralympic flags, and flags of organizations authorized to use public school facilities

REQUIREMENT

Modified the prohibition on flag display to explicitly include employees acting within their official duties in addition to government entities

Added requirement for parents to provide written notice to LEA governing boards before filing court actions for alleged violations

ENFORCEMENT

Modified the authority of local education agencies to clarify that they must still limit authority related to student expression under applicable law while removing obligations to protect all students from discrimination

TECHNICAL

Reorganized line numbers and subsection numbering throughout the document

Enrolled → Amended Excerpts 2/14/2025 09:02:172 · 5 edits

MODERATE

The bill was amended to add a new enforcement mechanism allowing parents to file lawsuits against public schools for flag display violations, while also clarifying that the bill does not limit existing student expression rights or anti-discrimination protections. The amendment also restructured the state auditor's role to focus on general compliance rather than imposing specific fines on schools.

Scope change

The bill's scope was modified to explicitly include parents as parties who can seek legal remedies for violations within the public education system, while maintaining protections for student expression and non-discrimination.

ENFORCEMENT

Added a new cause of action allowing parents or legal guardians of public school students to file lawsuits in state court for alleged flag display violations.

Added a requirement that LEA governing boards must resolve or disprove alleged violations within 10 days of receiving written notice from parents.

Changed the state auditor's role from imposing fines on government entities to establishing a general compliance process, removing the specific $500 per violation per day fine for schools.

REQUIREMENT

Clarified that the bill does not limit local education agencies' authority regarding student expression under federal or state law.

Clarified that the bill does not remove local education agencies' obligation to protect students from discrimination.

Introduced → Enrolled · 7 edits · Mar 27, 2025

MODERATE

The bill was significantly rewritten to expand its scope from just public schools to all government entities and employees, while also adding enforcement mechanisms and new exemptions. The original version focused narrowly on school flag displays with parental remedies, but the new version creates broader restrictions on government flag displays with state auditor oversight and fines for violations.

Scope change

Expanded from public schools only to all government entities and their employees

SCOPE

Changed applicability from local education agencies to all government entities and their employees

ENFORCEMENT

Added state auditor oversight with investigation powers and $500 per day fines for violations

REQUIREMENT

Added requirement that flags cannot be altered in color, symbols, or appearance

EXEMPTIONS

Added new exemptions for Olympic/Paralympic flags and historic versions of US and Utah flags

ELIGIBILITY

Changed remedy from parental court action to state auditor investigation process

DEFINITION

Added formal definitions for 'Display', 'Flag', 'Government entity', and 'Government property'

TIMELINE

Removed specific effective date of May 7, 2025 from the text

Flag Display Amendments

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