S.C.R. NO.



S.D. 1














     WHEREAS, President Truman signed an Act on August 3, 1949 to declare June 14th of each year as National Flag Day as a day of remembrance and to pay tribute to the U.S. flag; and


     WHEREAS, the U.S. Flag is recognized as a universal symbol that should be the center of display in a procession, ceremony and in permitted public places to represent the history of our country; and


     WHEREAS, Public Law 94-344, the Federal Flag Code, makes it clear that the U.S. flag is a "living symbol" representing a living country and is itself a living thing which expresses freedom, independence, and patriotism; and


     WHEREAS, Public Law 94-344 contains rules for handling and displaying the United States flag; however, imposing no penalty for non-compliance, Public Law 94-344 should be followed by every American citizen on a voluntary basis; and


     WHEREAS, Public Law 109-243, the Freedom to Display the American Flag Act of 2005, explicitly states that "[a] condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use" as long as "[n]othing in this Act shall be considered to permit any display or use that is inconsistent with...any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association"; and


     WHEREAS, the family of a U.S. veteran is entitled to an American flag for burial as a symbol of honor and bravery for services that their loved one provided in securing the blessings of liberty; and


     WHEREAS, every American should be able to rightfully display the U.S. flag without any apprehension, if applicable guidelines are followed; and


     WHEREAS, in public schools, students recite the Pledge of Allegiance, making an oath by saying the following words in relation to the U.S. flag:  "I pledge allegiance to the flag of the United States of America and to the Republic for which it stands"; and


     WHEREAS, some planned community associations allow the U.S. flag to be flown and flag poles to be installed within certain restrictions imposed by a design review committee upon installation approval; now, therefore,


     BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that the Hawaii State Legislature supports the right of every resident of Hawaii to publicly display or fly the American flag, subject to reasonable association rules for homeowners governing the height and location of flag poles when displaying or flying the flag; and


     BE IT FURTHER RESOLVED that the Department of Commerce and Consumer Affairs is urged to work with county permitting agencies, developers, planned community associations, and the Community Association Institute to ensure that the right to display the U.S. flag, guaranteed by Public Law 109-243, is upheld; and


     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Director of Commerce and Consumer Affairs, all county permitting agencies, the Community Association Institute, and all planned community associations in the State of Hawaii.

Report Title: 

American Flag Display; Restrictions; Community Associations