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ARIZONA STATE SENATE

Fifty-Sixth Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1049

 

homeowner's associations; Betsy Ross flag

Purpose

Prohibits a condominium unit owners' association (COA) and a planned community association (HOA) from prohibiting the display of any historic version of the American flag, including the Betsy Ross flag.

Background

A COA and HOA may not prohibit a unit property owner from the outdoor display of:
1) the American flag; 2) an official or replica of a U.S. uniformed services flag if the American flag or a uniformed services flag is displayed in a manner consistent with the U.S. Flag Code; 3) the POW/MIA flag; 4) the Arizona state flag; 5) an Arizona Indian nations flag; 6) the Gadsden flag; 7) a first responder flag; and 8) a blue star service flag or  gold star service flag (A.R.S.
§§ 33-1261 and 33-1808).

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

Provisions

1.   Prohibits COAs and HOAs from prohibiting the outdoor display of any historic version of the American flag, including the Betsy Ross flag, without regard to how the stars and stripes are arranged on the flag.

2.   Defines Betsy Ross flag as a historic flag of the United States that consists of 13 stripes alternating between red and white stripes and 13 five-pointed white stars arranged in a circle against a blue background.

3.   Makes technical and conforming changes.

4.   Becomes effective on the general effective date.

Prepared by Senate Research

January 20, 2023

AN/CS/slp