LEGISLATIVE GENERAL COUNSEL H.B. 436
6 Approved for Filing: R. Oakey-Frost 6 1st Sub. (Buff)
6 02-08-24 1:17 PM 6
Representative Phil Lyman proposes the following substitute bill:
1 UTAH FLAG AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Phil Lyman
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill repeals provisions related to the state flag, establishes a state flag, and creates a
10 process by which the state flag may be modified in the future.
11 Highlighted Provisions:
12 This bill:
13 < repeals current and future provisions related to the state flag;
14 < establishes a state flag;
15 < requires the Legislature to pass a joint resolution with the text of an opinion
16 question before modifying the state flag;
17 < requires the lieutenant governor to submit an opinion question to the voters in a
18 general election;
19 < provides a severability clause; and
20 < makes technical changes. 1st Sub. H.B. 436
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides a special effective date.
25 Utah Code Sections Affected:
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26 ENACTS:
27 63G-1-504, Utah Code Annotated 1953
28 REPEALS AND REENACTS:
29 63G-1-501 (Superseded 03/09/24), as last amended by Laws of Utah 2021, Chapter
30 205
31 63G-1-503 (Effective 03/09/24), as enacted by Laws of Utah 2023, Chapter 451
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 63G-1-501 (Superseded 03/09/24) is repealed and reenacted to
35 read:
36 63G-1-501 (Superseded 03/09/24). State flag -- Description -- Display.
37 (1) The state flag shall be a flag of blue field, with the following device worked in
38 natural colors in the center of the blue field:
39 (a) in the center, a shield;
40 (b) above the shield and thereon, an American eagle with outstretched wings;
41 (c) the top of the shield pierced with six arrows arranged crosswise;
42 (d) upon the shield and under the arrows, the word "Industry" and below the word
43 "Industry," in the center of the shield, a beehive;
44 (e) on each side of the beehive, growing sego lilies;
45 (f) below the beehive and near the bottom of the shield, the word "Utah";
46 (g) below the word "Utah" and on the bottom of the shield, the figures "1847";
47 (h) behind the shield, there shall be two American flags on flagstaffs placed crosswise
48 with the flags so draped to project beyond each side of the shield, the heads of the flagstaffs
49 appearing over the face of the draped flag below the shield;
50 (i) below the shield and flags and upon the blue field, the figure "1896"; and
51 (j) around the entire design, a narrow circle in gold.
52 (2) The state flag shall appear consistent with the following image:
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53
54 Section 2. Section 63G-1-503 (Effective 03/09/24) is repealed and reenacted to read:
55 63G-1-503 (Effective 03/09/24). State flag changes.
56 (1) (a) Before a state flag other than the one described in Section 63G-1-501 may be
57 adopted, or a commission or task force to study potential changes to the state flag described in
58 Section 63G-1-501 may be created, the Legislature shall pass a joint resolution as described in
59 this section.
60 (b) The joint resolution described in Subsection (1)(a) shall include:
61 (i) the text of the opinion question to be put before the voters; and
62 (ii) details of any proposed expenditure to support:
63 (A) the creation or implementation of a new state flag; and
64 (B) the creation of a commission or task force to consider a new state flag.
65 (2) Following the enrollment of the joint resolution described in Subsection (1), the
66 lieutenant governor shall submit the opinion question and details of any proposed expenditure
67 as described in the joint resolution to the voters at the next regular general election in the
68 manner described in Title 20A, Election Code.
69 Section 3. Section 63G-1-504 is enacted to read:
70 63G-1-504. Severability.
71 If any provision of this Part 5, or application of any provision of this Part 5, is held
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72 unconstitutional in a final decision of a court, the remainder of this Part 5 shall be severable.
73 Section 4. Effective date.
74 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
75 elected to each house, this bill takes effect upon approval by the governor, or the day following
76 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
77 signature, or in the case of a veto, the date of veto override.
78 (2) If this bill is not approved by two-thirds of all members elected to each house, this
79 bill takes effect May 1, 2024.
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