OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 100 Bill Analysis
135th General Assembly
Click here for H.B. 100’s Fiscal Note
Version: As Passed by the House
Primary Sponsor: Rep. K. Miller
Effective Date:
Austin C. Strohacker, Attorney
SUMMARY
Prohibits manufactured home park operators and landlords from including a restriction
in a rental agreement or otherwise prohibiting the display of a thin blue line flag or
emblem.
Prohibits neighborhood, civic, homeowners, and condominium associations from
including a provision in a governing document that prohibits the display of a thin blue
line flag or emblem, subject to specified conditions.
Declares such a prohibited provision to be void as against public policy.
Names the bill after Police Chief Steven DiSario.
DETAILED ANALYSIS
Display of thin blue line flag or emblem
The bill enacts the Chief Steven DiSario Act, which prohibits landlord or association
restrictions that prevent the display of a thin blue line flag or emblem on a tenant’s rental
property or owner’s property when the flag or emblem is displayed in accordance with
specified requirements. Specifically, it prohibits (1) a manufactured home park operator or
landlord from including any such restriction in a rental agreement, or (2) a neighborhood,
homeowners, or civic association or condominium association from including such a provision
in a governing document (a deed, agreement, declaration, bylaw, rule, or regulation). Any such
prohibited provision or construction is void as against public policy.1
1R.C. 4781.40(C)(2) and (8), 5301.072(A)(1) and (5) and (B), 5311.191(A) and (C), and 5321.131(A) and (D);
Section 3 of the bill.
June 23, 2023
Office of Research and Drafting LSC Legislative Budget Office
The bill defines “thin blue line flag” and “thin blue line emblem” as a flag or emblem
consisting of both of the following elements:
A black rectangle in the upper hoist corner bearing fifty white five-pointed stars
arranged in nine offset horizontal rows;
Thirteen horizontal stripes of equal height, the top and bottom stripe being black, and
alternating white and black stripes in between, except that the eighth horizontal stripe
from the top of the flag or emblem, which appears directly below the field of stars, is
blue rather than white.2
The display must be in accordance with state law, local ordinance or resolution, or a
proclamation by the Governor.3 Under existing law, similar protections are provided for the
display of the U.S. flag, national league of families POW/MIA flag, Ohio flag, and a service flag
when the service flag is displayed in a window of the residence of a member of the immediate
family of an individual serving in the U.S. armed forces.
Neighborhood, homeowners, and civic associations also are prohibited from including a
restriction in a governing document that prohibits the display of a thin blue line flag or emblem
in accordance with the consent of the property’s owner or any other person having legal
control of the property.4
Display and notice requirements
Rental property
If a tenant renting residential property or a manufactured home owner or tenant
renting a lot in a manufactured home park wishes to display a thin blue line flag on the property
through the use of a flag pole or bracket, the person must provide reasonable notice to the
landlord or park operator before installing the flag pole or bracket to discuss the following
issues, if applicable under the circumstances:
1. The placement in compliance with any local zoning restrictions, and if using a flagpole,
the required underground utility service requests;
2. The cost of the materials and installation;
3. The installation in a worker like manner if installed at the tenant’s request and expense;
4. Any lighting required;
5. The appropriate size of the flag and flagpole, which must be consistent with the size and
character of the building;
2 R.C. 4781.40(C)(10), 5301.072(C), and 5311.191(D).
3 R.C. 4781.40(C)(2), 5301.072(A)(5), 5311.191(A)(4), and 5311.131(A)(4).
4 R.C. 5301.072(A)(5).
P a g e |2 H.B. 100
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
6. Preferred location of the bracket to insure that there will be no encroachment of the
flag or bracket onto common areas of the manufactured home park.
A landlord or park operator who does not receive the required notification is not liable
for any damages, fines, or costs associated with any issues arising from the placement of the
flag pole or the bracket by the tenant. As under current law with other flag displays, the
discussions that must occur before installing a flag pole or bracket do not exempt a tenant from
a provision in a rental agreement that requires a tenant, at the termination of the rental
agreement, to return the premises in the same condition as they were in when the tenant took
possession.5
By way of background, in a manufactured home park, a person may either own the
manufactured home but rent the lot in the manufactured home park (an owner), or rent both
(a tenant).6
Property subject to an association
In addition, a property owner or resident subject to a neighborhood, homeowners, civic,
or condominium association who uses a flagpole for the purpose of displaying a thin blue line
flag must ensure that the flag and flagpole are an appropriate size, consistent with the size and
character of the buildings and common areas that are subject to the association’s requirements
or agreements.7
HISTORY
Action Date
Introduced 03-09-23
Reported, H. Gov’t Oversight 05-09-23
Passed House (65-28) 06-14-23
ANHB0100PH-135/ts
5 R.C. 4781.40(C) and 5321.131(B), (C), and (E).
6 R.C. 4781.01(T) and (U), not in the bill.
7 R.C. 5301.072(A)(1) and 5311.191(B).
P a g e |3 H.B. 100
As Passed by the House
Statutes affected: As Introduced: 4781.40, 5301.072, 5311.191, 5321.131
As Reported By House Committee: 4781.40, 5301.072, 5311.191, 5321.131
As Passed By House: 4781.40, 5301.072, 5311.191, 5321.131