NOTE:  This bill has been prepared for the signature of the appropriate legislative
      officers and the Governor.  To determine whether the Governor has signed the bill
      or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 03-235
      
      
      BY SENATOR(S) Lamborn, Andrews, Arnold, Cairns, Chlouber, Evans,
      Johnson S., Jones, May R., and Nichol;
      also REPRESENTATIVE(S) Mitchell, Brophy, Cadman, Cloer, Crane,
      Fairbank, Fritz, Hall, Hefley, Hoppe, King, Lee, Lundberg, May M., Miller,
      Rhodes, Rose, Salazar, Schultheis, Sinclair, Spence, Spradley, Stafford,
      Stengel, White, Wiens, and Young.
      
      
      Concerning the right to display the United States flag.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Article 2 of title 27, Colorado Revised Statutes, is
      amended BY THE ADDITION OF A NEW SECTION to read:
      
           27-2-108.5.  Personal display of flags.  (1)  The right to display
      reasonably the flag of the United States shall not be infringed
      with respect to the display:
      
           (a)  On an individual's person;
      
           (b)  Anywhere on an individual's personal or real property;
      and
      
           (c)  In the buildings or on the grounds of any tax-supported
      property in the state; except that the state or political subdivision
      that has jurisdiction over the building or grounds may adopt
      reasonable rules and regulations regarding the size, number,
      placement, manner of display, and lighting of the flag, and the
      location, size, and height of flagpoles.
      
           (2) (a)  Notwithstanding any provision of subsection (1) of
      this section to the contrary, the right with respect to an
      individual's real property shall be subject to reasonable
      restrictive covenants or equitable servitudes; except that no such
      covenant or servitude, nor any owners' association shall prohibit
      the outdoor display of the flag of the United States by a property
      owner on that owner's property if the flag is displayed in a manner
      consistent with chapter 1 of title 4 of the United States Code, as
      amended.
      
           (b)  Notwithstanding any provision of paragraph (a) of this
      subsection (2) to the contrary, an owners' association, the state,
      or a political subdivision may adopt reasonable rules and
      regulations regarding the size, number, placement, manner of
      display, and lighting of the flag, and the location, size, and height
      of flagpoles.
      
           (3)  For purposes of this section, "display reasonably" shall
      be presumed to include a display of the flag of the United States
      that is consistent with chapter 1 of title 4 of the United States
      Code, as amended.
      
           (4)  A right described in subsection (1) of this section is a
      civil right of free speech and a protected form of expression under
      the first amendment to the United States constitution and section
      10 of article II of the state constitution.
      
           SECTION 2.  Effective date.  This act shall take effect at 12:01
      a.m. on the day following the expiration of the ninety-day period after final
      adjournment of the general assembly that is allowed for submitting a
      referendum petition pursuant to article V, section 1 (3) of the state
      constitution; except that, if a referendum petition is filed against this act or
      an item, section, or part of this act within such period, then the act, item,
      section, or part, if approved by the people, shall take effect on the date of
      the official declaration of the vote thereon by proclamation of the governor.
      
      
      
      
      ____________________________  ____________________________
      John Andrews                            Lola Spradley
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Mona Heustis                          Judith Rodrigue
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Owens
                                    GOVERNOR OF THE STATE OF COLORADO