HB 132 – FINAL VERSION
HOUSE BILL 132
This bill adopts the United States flag code as the flag code for the state of New Hampshire. The bill includes additional occasions on which the flag may be flown at half-staff and provides that prohibitions on flying the flag at one’s place of residence are unenforceable.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [
in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT adopting and implementing the United States flag code.
Be it Enacted by the Senate and House of Representatives in General Court convened:
127:1 New Sections; Flag Code for New Hampshire. Amend RSA 3-E by inserting after section 1 the
following new sections:
3-E:2 Flag Code for New Hampshire.
I. The United States flag code, codified at 4 U.S.C. sections 1 through 10, as amended, and the provisions of this chapter are hereby adopted as the flag code for the state of New Hampshire. The purpose of the flag code shall be to provide uniform guidelines for the display, use, and handling of the United States flag.
II. In addition to occasions for display of the flag at half staff provided in the federal law:
(a) The governor shall order the flag to be flown at half staff in the event of the death of any member of the armed forces who dies in combat and who is a resident of New Hampshire. The flag shall be flown at half staff the day of and the day after the service member’s burial.
(b) The governor shall issue a standing order that when any fallen service member is on a military reservation within the state of New Hampshire, that reservation will automatically fly the United States flag at half staff until the fallen service member is no longer within the confines of the military reservation.
3-E:3 Flag Display. No rule, ordinance, or agreement of any kind by a person, municipality, or other entity shall prohibit the flying of the United States flag from a private residence owned, rented, or used by a private person. Reasonable restrictions regarding the size of the flag or the manner in which the flag is displayed may be adopted and enforced.
127:2 New Section; Condominium Act; Unit Owners’ Associations; Flag Display. Amend RSA 356-B by inserting after section 47 the following new section:
356-B:47-a Flag Display. Pursuant to the Freedom to Display the American Flag Act of 2005, Public Law 109-243, and notwithstanding any provision in the condominium instruments to the contrary, the unit owners’ association shall not prohibit the outdoor display of the United States flag in a manner consistent with the United States flag code and RSA 3-E. The association may adopt reasonable rules regarding the size of the flag and the manner in which the flag is displayed. When a flag is flown from the unit owner’s balcony or deck, from a bracket, the flag may extend over the vertical line of the unit owner’s outboard deck line, which would put the flag into the common area, versus the unit owner’s private space.
127:3 Effective Date. This act shall take effect upon its passage.
Approved: June 6, 2011
Effective Date: June 6, 2011