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.
      
      
      HOUSE BILL 07-1050
      
      
      BY REPRESENTATIVE(S) Todd and Kerr A., Rice, Borodkin,
      Carroll M., Carroll T., Labuda, Levy, Madden, McGihon, Merrifield, and
      Pommer;
      also SENATOR(S) Williams.
      
      
      Concerning the display of flags.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  18-11-205 (1), (2), and (4) (a) (IV), Colorado Revised
      Statutes, are amended, and the said 18-11-205 (4) (a) is further amended
      BY THE ADDITION OF THE FOLLOWING NEW SUBPARAGRAPHS,
      to read:
      
           18-11-205.  Unlawful to display flag - exceptions.  (1)  Any person
      who displays any flag other than the flag of the United States of America
      or the state of Colorado or any of its subdivisions, agencies, or institutions
      upon any on a permanent flagstaff located on a state, county,
      municipal, or other public building or adjacent  on its grounds within this
      state commits a class 1 petty offense.
      
           (2)  Any person who displays any flag other than the flag of the
      United States of America or the state of Colorado or any of its subdivisions,
      agencies, or institutions in any place where it is likely to be viewed by the
      public or a substantial portion thereof, knowing that under the
      circumstances then existing such display is likely to cause a breach of the
      peace, commits a class 1 petty offense.
      
           (4) (a)  This section does not apply to:
      
           (IV)  The display of any flag or representation thereof described in
      subsection (1) of this section that is part of a temporary display of any
      instructional or historical materials not permanently affixed or attached to
      any part of the buildings or grounds described in subsection (1) of this
      section.
      
           (V)  The display of a prisoners of war and missing in action
      flag or other appropriate veteran commemorative, United States
      or state armed forces, or military commemorative flag when
      displayed in accordance with 4 U.S.C. sec. 7;
      
           (VI)  The display of flags of foreign nations for special,
      occasional, ceremonial purposes when displayed in accordance
      with 4 U.S.C. sec. 7; or
      
           (VII)  The display of a flag for educational, cultural, or
      historical purposes with the prior permission of the chief
      administrative officer of the state, county, municipal, or other
      public building or grounds.
      
           SECTION 2.  Effective date - applicability.  (1)  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, (August 8, 2007, if adjournment sine die is on May 9,
      2007); 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.
      
           (2)  The provisions of this act shall apply to offenses committed on
      or after the applicable effective date of this act.
      
      
      
      
      ________________________________________________________
      Andrew Romanoff                      Joan Fitz-Gerald
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO