Bill Text: NJ S2350 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits any entity receiving public funds from banning display of United States flag under certain circumstances.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-04-05 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2350 Detail]
Download: New_Jersey-2018-S2350-Introduced.html
Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Prohibits any entity receiving public funds from banning display of United States flag under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning limitations on the display of the flag of the United States of America by any publicly-funded entity and supplementing chapter 3 of Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A facility, organization, association, institution, or other entity that receives public funds from the State or from any municipality, county, or instrumentality thereof, shall not adopt or enforce any guideline, bylaw, or directive, as appropriate, limiting or prohibiting the display of the flag of the United States of America on the entity's premises, except as provided for in subsection b. of this section.
b. An entity that receives public funds may limit or prohibit the display or direct the removal of an American flag from its premises when it is exhibited in a manner that threatens public safety, restricts necessary maintenance activities, interferes with the property rights of another, or is displayed in a manner inconsistent with the rules and customs deemed the proper manner to display the flag, such as the federal Flag Code, 4 U.S.C. s.1 et seq., or any other applicable law or guideline.
c. Any guideline, bylaw, or directive adopted by a publicly-funded entity in violation of subsection a. of this section shall subject the entity to disqualification, suspension, or reduction in the receipt of public funds.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits any facility, organization, association, institution, or other entity that receives public funds from the State or from any municipality, county, or instrumentality thereof, from adopting or enforcing any guideline, bylaw, or directive limiting or prohibiting the display of the American flag on the entity's premises. Under the bill, however, an entity that receives public funds may limit or prohibit the display or direct the removal of an American flag from its premises when it is exhibited in a manner that threatens public safety, restricts necessary maintenance activities, interferes with the property rights of another, or is displayed in a manner inconsistent with the rules and customs deemed the proper manner to display the flag. Any guideline, bylaw, or directive adopted by a publicly-funded entity that limits or prohibits the display of the American flag would subject the entity to disqualification, suspension, or reduction in the receipt of public funds.
It is the sponsor's intent to prevent publicly-funded entities from banning the display of the American flag, as was attempted at the University of California, Irvine. A student governing body passed a resolution to ban the display of the American flag from certain common areas of the student governing offices for cultural inclusivity. Although the resolution did not take effect as it was vetoed by a higher-level student governing cabinet, this bill seeks to prevent such actions from occurring in the State of New Jersey.
