Bill Title: To prohibit condominium associations, neighborhood associations, and landlords from restricting the display of blue star banners, gold star banners, and other service flags, and to prohibit landlords from restricting the display of the United States flag.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-09-29 - To Veterans Affairs
[HB289 Detail]Download: Ohio-2009-HB289-Introduced.html
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
| |
Representatives DeGeeter, Coley
Cosponsors:
Representatives Book, Boose, Murray, Gardner, Evans, Harris, Uecker, Harwood, Gerberry, Letson, Adams, R., Lundy, Luckie, Stebelton, Mecklenborg, Lehner, Ujvagi, Yuko, Phillips, Dodd
A BILL
| To amend sections 5301.072 and 5311.191 and to enact | 1 |
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section 5321.131 of the Revised Code to prohibit | 2 |
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condominium associations, neighborhood | 3 |
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associations, and landlords from restricting the | 4 |
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display of blue star banners, gold star banners, | 5 |
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and other service flags, and to prohibit landlords | 6 |
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from restricting the display of the United States | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 5301.072 and 5311.191 be amended and | 9 |
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section 5321.131 of the Revised Code be enacted to read as | 10 |
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follows: | 11 |
| Sec. 5301.072. (A) No covenant, condition, or restriction set | 12 |
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forth in a deed, and no rule, regulation, bylaw, or other | 13 |
|
governing document or agreement of a homeowners, neighborhood, | 14 |
|
civic, or other association, shall prohibit or be construed to | 15 |
prohibit theany of the following: | 16 |
| (1) The placement on any property of a flagpole that is to be | 17 |
used for the purpose of displaying, or shall prohibit or be | 18 |
construed to prohibit the flag of the United States; | 19 |
(2) The display on any property of, the flag of
the United | 20 |
|
States if the flag is displayed in accordance with any
of the | 21 |
|
following: | 22 |
(1)(a) The patriotic customs set forth in 4 U.S.C.A. 5-10, | 23 |
|
as
amended, governing the display and use of the flag of the | 24 |
|
United
States; | 25 |
(2)(b) The consent of the property's owner or of any person | 26 |
|
having lawful control of the property; | 27 |
(3)(c) The recommended flagpole standards set forth in "Our | 28 |
|
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st | 29 |
|
Session (1998); | 30 |
(4)(d) Any federal law, proclamation of the president of the | 31 |
|
United States or the governor, section of the Revised Code, or | 32 |
|
local ordinance or resolution. | 33 |
| (3) A service flag approved by the United States secretary of | 34 |
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defense for display in a window of the residence of a member of | 35 |
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the immediate family of an individual serving in the armed forces | 36 |
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of the United States. A service flag includes a blue star banner, | 37 |
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a gold star banner, and any other flag the secretary of defense | 38 |
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designates as a service flag. | 39 |
| (B) A covenant, condition, restriction, rule, regulation, | 40 |
|
bylaw, governing document, or agreement or a construction of any | 41 |
|
of these items that violates division (A) of this section is | 42 |
|
against public policy and unenforceable in any court of this state | 43 |
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to the extent it violates that division. | 44 |
| Sec. 5311.191. (A) No declaration, bylaw, rule, regulation, | 45 |
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or agreement of a condominium property or construction of any of | 46 |
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these items by the board of managers of its unit owners | 47 |
association shall prohibitdo either of the following: | 48 |
| (1) Prohibit the placement of a flagpole that is to
be used | 49 |
for the purpose of displaying, or shall prohibit the
display of, | 50 |
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the flag of the United States on or within the limited
common | 51 |
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areas and facilities of a unit owner or on the immediately | 52 |
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adjacent exterior of the building in which the unit of a unit | 53 |
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owner is located, if the flag is displayed in accordance with any | 54 |
|
of the following: | 55 |
(1)(a) The patriotic customs set forth in 4 U.S.C.A. 5-10, as | 56 |
|
amended, governing the display and use of the flag of the United | 57 |
|
States; | 58 |
(2)(b) The recommended flagpole standards set forth in "Our | 59 |
|
Flag," published pursuant to S.C.R. 61 of the 105th Congress, 1st | 60 |
|
Session (1998); | 61 |
(3)(c) Any federal law, proclamation of the president of the | 62 |
|
United States or the governor, section of the Revised Code, or | 63 |
|
local ordinance or resolution. | 64 |
| (2) A service flag approved by the United States secretary of | 65 |
|
defense for display in a window of the residence of a member of | 66 |
|
the immediate family of an individual serving in the armed forces | 67 |
|
of the United States. A service flag includes a blue star banner, | 68 |
|
a gold star banner, and any other flag the secretary of defense | 69 |
|
designates as a service flag. | 70 |
| (B) A declaration, bylaw, rule, regulation, or agreement or | 71 |
|
the construction of any of these items that violates division (A) | 72 |
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of this section is against public policy and unenforceable in any | 73 |
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court of this state to the extent it violates that division. | 74 |
| Sec. 5321.131. (A) No landlord shall include any restriction | 75 |
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in a rental agreement, or otherwise prohibit on a tenant's rental | 76 |
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property, either of the following: | 77 |
| (1) The display of the flag of the United States if the flag | 78 |
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is displayed in accordance with any of the following: | 79 |
| (a) The patriotic customs set forth in 4 U.S.C.A. 5-10, as | 80 |
|
amended, governing the display and use of the flag of the United | 81 |
|
States; | 82 |
| (b)Federal law, state law, or any local ordinance or | 83 |
|
resolution; | 84 |
| (c) A proclamation of the president of the United States or | 85 |
|
the governor of the state. | 86 |
| (2) The display of a service flag approved by the United | 87 |
|
States secretary of defense for display in a window of the | 88 |
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residence of a member of the immediate family of an individual | 89 |
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serving in the armed forces of the United States. A service flag | 90 |
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includes a blue star banner, a gold star banner, and any other | 91 |
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flag the secretary of defense designates as a service flag. | 92 |
| (B) Any violation of this section is against public policy | 93 |
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and unenforceable. Any provision of a rental agreement that | 94 |
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violates this section is an unconscionable term under section | 95 |
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5321.14 of the Revised Code. | 96 |
| Section 2. That existing sections 5301.072 and 5311.191 of | 97 |
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the Revised Code are hereby repealed. | 98 |
