Assigned to K-12 ED & HED                                                                                                                 AS ENACTED

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

FINAL AMENDED

FACT SHEET FOR H.B. 2583

educational classrooms; flag display

Purpose

            Requires the appropriate display of the United State s flag in every school district, charter school and public postsecondary education classroom and in each hearing room in the State Legislature.  Requires that a legible copy of the United States Constitution and Bill of Rights be displayed in all public classrooms for grades seven through twelve, community colleges and public universities and in each hearing room in the State Legislature.

Background

            Current statute requires school authorities to display the flag of the United States on or near school buildings during school hours and at any other time that school administrators deem appropriate. Additionally, specific time must be set aside during each school day for students who want to recite the Pledge of Allegiance to the flag of the United States (A.R.S. § 15-506).

            Federal law (4 U.S.C. §§ 1-10) prescribes the proper design and display of the United States flag.  The Federal Flag Code applies to public institutions, polling places and school buildings and requires the United States flag to be displayed from sunrise to sunset on certain days each year, on a higher or equal level to other flags, except during inclement weather. Additionally, rules exist relating to the raising and lowering of the flag, when the flag is to be flown at half-staff and wall displays (the union must always be to the left of the observer.).

            In 2004, the Florida State Legislature passed the Carey Baker Freedom Act, which requires that each public K-20 educational institution authorized by the Florida Constitution must display the flag of the United States in each classroom on a daily basis. Flags must be manufactured in the United States, measure two feet by three feet and be properly displayed in accordance with the Federal Flag Code. The principal, director or president of each institution must seek to fulfill flag requirements through donations for one year before securing or allocating funds for the purchase of flags.

            There is no anticipated impact to the state General Fund.  There may be a potential fiscal impact to school districts, charter schools, nonexempt private schools, community colleges and public universities if they are unable to collect enough flags to fulfill display requirements through donations to the Flags for Freedom Program.

Provisions

1. Requires school districts, charter schools, community college districts and the Arizona Board of Regents (ABOR) to purchase United States flags that are manufactured in the United States and measure at least two feet by three feet with necessary hardware to appropriately display the flag in accordance with the Federal Flag Code.

2. Requires, effective July 1, 2007, school districts and charter schools to display a United States flag in each classroom, and outside of the school building during school hours and at any other time as directed by school authorities in accordance with the Federal Flag Code.

3. Requires, effective July 1, 2007, school districts and charter schools to display a legible copy of the United States Constitution and Bill of Rights adjacent to the United States flag displays in grades seven through twelve.

4. Exempts private, parochial and home schools from the United States flag, United States Constitution and Bill of Rights display requirements. 

5. Requires community college districts and ABOR to display a United States flag in each classroom in accordance with the Federal Flag Code.

6. Requires community college districts and ABOR to display a legible copy of the United States Constitution and Bill of Rights in each classroom adjacent to United States flag.

7. Requires the State House of Representatives and the State Senate to display a United States flag and a legible copy of the United States Constitution and Bill of Rights adjacent to the United States flag in each hearing room.

8. Requires, retroactive to July 1, 2006, that school districts, charter schools, community college districts and ABOR attempt the collection of charitable donations of flags before allocating other monies to have a United States flag displayed in each classroom.

9. Allows Arizona businesses to participate in the Flags for Freedom Program and donate flags that measures at least two feet by three feet and is manufactured in the United States to any public educational institution between July 1, 2006, through June 30, 2007.

10. Contains intent language.

11. Makes technical changes.

12. Becomes effective on the general effective date, with a retroactive provision as noted.

Amendments Adopted by Committee of the Whole

1. Removes the exemption for private and parochial schools that receive monies from the school tuition tax credit program.

2. Removes reporting requirements for school districts, charter schools, community colleges, public universities and the Joint Legislative Budget Committee.

3. Expands the flag display requirements to the State House of Representatives and the State Senate.

Amendments Adopted by Conference Committee

1. Restores the flag display exemption for all private, parochial schools and home schools.

2. Expands the display requirements in certain classrooms and each legislative hearing room to include the United States Constitution and Bill of Rights.

House Action Senate Action

UCCT                         2/14/06     DPA     5-2-0-2-0               HED                3/29/06     DP     5-1-0-0

APPROP(P)    2/22/06     DPA     9-4-0-2-0               K-12 ED         4/13/06     W/D

3^rd Read           3/15/06                  35-19-5-0-1           3^rd Read           6/8/06                 20-1-9-0

Final Read       6/20/06                  41-16-3-0              Final Read       6/20/06               24-5-1-0

Signed by the Governor 6/28/06

Chapter 381

Prepared by Senate Research

July 10, 2006

DN/ac