Bill Text: HI SCR218 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: American Flag Display; Restrictions; Community Associations

Spectrum: Strong Partisan Bill (Democrat 17-1)

Status: (Engrossed - Dead) 2010-04-15 - (H) Report adopted; referred to the committee(s) on JUD with none voting no and Representative(s) Har, Souki excused. [SCR218 Detail]

Download: Hawaii-2010-SCR218-Introduced.html

THE SENATE

S.C.R. NO.

218

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

expressing legislative support for THE RIGHT TO DISPLAY the UNITED sTATES FLAG.

 

 


     WHEREAS, President Truman signed an Act on August 3, 1949 to declare June 14th of each year as National Flag Day as a day of remembrance and to pay tribute to the U.S. flag; and

 

     WHEREAS, the U.S. Flag is recognized as a universal symbol that should be the center of display in a procession, ceremony and in permitted public places to represent the history of our country; and

 

     WHEREAS, Public Law 94-344, the Federal Flag Code, makes it clear that the U.S. flag is a "living symbol" representing a living country and is itself a living thing which expresses freedom, independence, and patriotism; and

 

     WHEREAS, Public Law 94-344 contains rules for handling and displaying the United States flag; however, imposing no penalty for non-compliance, Public Law 94-344 should be followed by every American citizen on a voluntary basis; and

 

     WHEREAS, the family of a U.S. veteran is entitled to an American flag for burial as a symbol of honor and bravery for services that their loved one provided in securing the blessings of liberty; and

 

     WHEREAS, every American should be able to rightfully display the U.S. flag without any apprehension, if applicable guidelines are followed; and

 

     WHEREAS, in public schools, students recite the Pledge of Allegiance, making an oath by saying the following words in relation to the U.S. flag:  "I pledge allegiance to the flag of the United States of America and to the Republic for which it stands"; and

 

     WHEREAS, some planned community associations such as Ewa by Gentry Community Association, Villages of Kapolei Community Association, Ocean Pointe Community Association, Mililani Town Association, and Waikele Community Association allow the U.S. flag to be flown and flag poles to be installed within certain restrictions imposed by a design review committee upon installation approval; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that the Hawaii State Legislature supports the right of every resident of Hawaii to publicly display or fly the American flag, subject to reasonable association rules for homeowners governing the height and location of flag poles when displaying or flying the flag; and

 

     BE IT FURTHER RESOLVED that the Department of Commerce and Consumer Affairs is urged to work with county permitting agencies, developers, planned community associations, and the Community Association Institute to guarantee that the right to display the U.S. flag is upheld; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Director of Commerce and Consumer Affairs, all county permitting agencies, and all planned community associations in the State of Hawaii.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

American Flag Display; Restrictions; Community Associations

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