JJones Past Commander

VFW Dept. Of Utah 1999-2001

Blue & Gold Star Flags

A bill pending in the Senate would guarantee families the right to display flags on their property honoring their loved ones, military service or deaths while serving.

The Blue Star/Gold Star Flag Act of 2010 prohibits condominium and homeowners associations from stopping families from flying a Blue Star Flag to honor a relative serving on active duty or a Gold Star flag to honor a relative killed in a war zone. And also a Silver Star Flag for a family member that was wounded in action.

Currently, state laws mandate the power of homeowners groups to prohibit the display of the flags. If approved, a new federal law would override the states authority.

The house approved its version of the bill---H.R 2546 on May 19. The Senate version---S.3477 had been referred to the Senate Armed Services Committee June 10.

June 10, 2010 - Introduced in Senate. This is the original text of the bill as it was written by its sponsor and submitted to the Senate for consideration. This is the latest version of the bill currently available

S 3477 IS

111th Comgress

2d Session

S. 3477

To ensure that the right of an individual to display the Service Flag on residential property not to be abridged.

IN THE SENATE OF THE UNITED STATES

June 10, 2010

Mr. Webb (for himself, Mr. Warner, Mrs. Mccaskill, Mr. Burris, Mr.Bayh, Mr. Nelson, Mr. Brown of Massachusetts, and Mr. Inhoff) introduced the following bill; Which was read twice and referred to the Committee on Armed Services.

A BILL

To ensure that the right of an individual to display the Service Flag on residential property not be abridged.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This act may be cited as the 'Blue Star/Gold Star Flag Act 2010

SECTION 2. DEFINITIONS.

In this Act: 1. The term 'Service Flag' means a service flag for purposes, Section 901 of title 36, United States Code. 2. The terms Condominium association' and 'cooperative association' have the meanings given such terms under 604 of Public Law 96-399 ( 15 U.S.C. 3603). 3. The term 'residential real estate management association' has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528). 4. The term 'Member'--- (A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association;  (B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association; and (C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association.

 SEC. 3. RIGHT TO DISPLAY THE SERVICE FLAG.

A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, orenter into any agreement, that would restrict or prevent a member of the association from displaying the Service Flag 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.

SEC. 4. LIMITATIONS.

Nothing in this Act shall be considered to permit any display or use that is inconsistent with ---- (1) any regulations pressribed by the Secretary of Defense regarding rules or cuctoms pertaining to the proper display or use of the Service Flag; or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the Service Flag necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.

INFORMATION UPDATED 30 November 2010.

I will try my best to keep this information up to date for our Veterans, Active Military and their Families.