Bill Text: OH HB622 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To prohibit manufactured homes park operators, condominium associations, neighborhood associations, and landlords from restricting the display of blue star banners, gold star banners, and other service flags, and to prohibit manufactured homes park operators and landlords from restricting the display of the United States flag.

Spectrum: Moderate Partisan Bill (Republican 11-2)

Status: (Introduced - Dead) 2014-09-16 - To Military and Veterans Affairs [HB622 Detail]

Download: Ohio-2013-HB622-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 622

Representative Gonzales 

Cosponsors: Representatives Barborak, Becker, Bishoff, Brenner, Buchy, Dovilla, Grossman, Hood, Rosenberger, Slaby, Thompson, Wachtmann 

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A BILL

To amend sections 5301.072 and 5311.191 and to enact

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sections 4781.401 and 5321.131 of the Revised Code

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to prohibit manufactured homes park operators,

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condominium associations, neighborhood

4

associations, and landlords from restricting the

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display of blue star banners, gold star banners,

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and other service flags, and to prohibit

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manufactured homes park operators and landlords

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from restricting the display of the United States

9

flag.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 5301.072 and 5311.191 be amended and	11
sections 4781.401 and 5321.131 of the Revised Code be enacted to	12
read as follows:	13

Sec. 4781.401.  (A) No restriction set forth in a rental	14
agreement shall prohibit or be construed to prohibit either of the	15
following:	16

(1) The display, on the tenant's rental property, of the flag	17
of the United States if the flag is displayed in accordance with	18
any of the following:	19

(a) The patriotic customs set forth in 4 U.S.C. 5 to 10, as	20
amended, governing the display and use of the flag of the United	21
States;	22

(b) Federal law, state law, or any local ordinance or	23
resolution;	24

(c) A proclamation of the president of the United States or	25
the governor.	26

(2) The display, on the tenant's rental property, of a	27
service flag approved by the United States secretary of defense	28
for display in a window of the residence of a member of the	29
immediate family of an individual who is serving in the armed	30
forces of the United States. A service flag includes a blue star	31
banner, a gold star banner, and any other flag the secretary of	32
defense designates as a service flag.	33

(B) A restriction or a construction of a restriction that	34
violates division (A) of this section is against public policy and	35
unenforceable in any court of this state to the extent it violates	36
that division.	37

Sec. 5301.072. (A) No covenant, condition, or restriction set	38
forth in a deed, and no rule, regulation, bylaw, or other	39
governing document or agreement of a homeowners, neighborhood,	40
civic, or other association, shall prohibit or be construed to	41
prohibit theany of the following:	42

(1) The placement on any property of a flagpole that is to be	43
used for the purpose of displaying, or shall prohibit or be	44
construed to prohibit the flag of the United States;	45

(2) The display on any property of, the flag of the United	46
States if the flag is displayed in accordance with any of the	47
following:	48

(1)(a) The patriotic customs set forth in 4 U.S.C.A. 5-to	49
10, as amended, governing the display and use of the flag of the	50
United States;	51

(2)(b) The consent of the property's owner or of any person	52
having lawful control of the property;	53

(3)(c) The recommended flagpole standards set forth in "Our	54
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st	55
Session (1998);	56

(4)(d) Any federal law, proclamation of the president of the	57
United States or the governor, section of the Revised Code, or	58
local ordinance or resolution.	59

(3) The display of a service flag approved by the United	60
States secretary of defense for display in a window of the	61
residence of a member of the immediate family of an individual who	62
is serving in the armed forces of the United States. A service	63
flag includes a blue star banner, a gold star banner, and any	64
other flag the secretary of defense designates as a service flag.	65

(B) A covenant, condition, restriction, rule, regulation,	66
bylaw, governing document, or agreement or a construction of any	67
of these items that violates division (A) of this section is	68
against public policy and unenforceable in any court of this state	69
to the extent it violates that division.	70

Sec. 5311.191. (A) No declaration, bylaw, rule, regulation,	71
or agreement of a condominium property or construction of any of	72
these items by the board of managers of its unit owners	73
association shall prohibit theeither of the following:	74

(1) The placement of a flagpole that is to be used for the	75
purpose of displaying, or shall prohibit the display of, the flag	76
of the United States on or within the limited common areas and	77
facilities of a unit owner or on the immediately adjacent exterior	78
of the building in which the unit of a unit owner is located, if	79
the flag is displayed in accordance with any of the following:	80

(1)(a) The patriotic customs set forth in 4 U.S.C.A. 5-to	81
10, as amended, governing the display and use of the flag of the	82
United States;	83

(2)(b) The recommended flagpole standards set forth in "Our	84
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st	85
Session (1998);	86

(3)(c) Any federal law, proclamation of the president of the	87
United States or the governor, section of the Revised Code, or	88
local ordinance or resolution.	89

(2) The display of a service flag approved by the United	90
States secretary of defense for display in a window of the	91
residence of a member of the immediate family of an individual who	92
is serving in the armed forces of the United States. A service	93
flag includes a blue star banner, a gold star banner, and any	94
other flag the secretary of defense designates as a service flag.	95

(B) A declaration, bylaw, rule, regulation, or agreement or	96
the construction of any of these items that violates division (A)	97
of this section is against public policy and unenforceable in any	98
court of this state to the extent it violates that division.	99

Sec. 5321.131. (A) No restriction set forth in a rental	100
agreement shall prohibit or be construed to prohibit either of the	101
following:	102

(1) The display, on the tenant's rental property, of the flag	103
of the United States if the flag is displayed in accordance with	104
any of the following:	105

(a) The patriotic customs set forth in 4 U.S.C. 5 to 10, as	106
amended, governing the display and use of the flag of the United	107
States;	108

(b) Federal law, state law, or any local ordinance or	109
resolution;	110

(c) A proclamation of the president of the United States or	111
the governor.	112

(2) The display, on the tenant's rental property, of a	113
service flag approved by the United States secretary of defense	114
for display in a window of the residence of a member of the	115
immediate family of an individual who is serving in the armed	116
forces of the United States. A service flag includes a blue star	117
banner, a gold star banner, and any other flag the secretary of	118
defense designates as a service flag.	119

(B) A restriction or a construction of a restriction that	120
violates division (A) of this section is against public policy and	121
unenforceable in any court of this state to the extent it violates	122
that division.	123

Section 2. That existing sections 5301.072 and 5311.191 of	124
the Revised Code are hereby repealed.	125