Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 77 (2025GS)

Sponsor

Rep. Lee, Trevor

Final action

Became Law w/o Governor Signature 3/27/2025

Outcome

Became Law w/o Governor Signature

Summary

What it does

• This bill:
• defines terms;
• prohibits a government entity or employee of a government entity from displaying a flag in or on the grounds of government property except certain exempted flags;
• requires the state auditor to ensure compliance, including by imposing fines;
• establishes a cause of action for an alleged violation within the public education system;
• requires the attorney general to defend and the state to hold harmless an individual acting under color of state law to enforce the flag display statute within the public education system; and
• provides severability.

Every vote on this bill

Bill text

4
53G-7-211.5
Flag Display Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Trevor Lee
LONG TITLE
General Description:
This bill allows a local education agency to display certain flags in a public school or 
charter school facility or grounds under certain circumstances and provides a remedy for a 
violation.
Highlighted Provisions:
This bill:
defines terms;
allows a local education agency to display in a public school or charter school facility or 
grounds the following flags:
the official United States flag;
an official Utah state flag;
a POW/MIA flag;
a flag that cannot be disturbed or altered;
a flag that represents an Indian tribe;
a flag that represents a city, county, municipality, or political subdivision of the state;
a current and official flag of a country or subdivision of that country;
a flag that represents a Utah college or university; 
an official public school flag; or
a flag that represents a branch, unit, or division of the United States military; 
allows a public school or charter school to temporarily display a flag in a classroom that 
is a part of approved course curriculum; and
allows an organization authorized to use a public school or charter school facility to 
temporarily display the organization's flag while the organization is using the public 
school or charter school facility.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53G-7-211.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53G-7-211.5
 is enacted to read:
53G-7-211.5. Display of flags on school grounds -- Severability -- 
Indemnification -- Enforcement.
(1)
As used in this section:
(a)
"Display a flag" means to place a flag in a prominent location where the flag can 
easily be seen.
(b)
"LEA" means the same as that term is defined in Section 
53E-1-102
.
(2)
An LEA may not display a flag in a district school, charter school, or Utah Schools for 
the Deaf and Blind facility in or on school grounds except:
(a)
the official flag of the United States described in Title 4 U.S.C., Ch. 1, The Flag, and 
in accordance with Section 
53G-7-211
;
(b)
an official Utah state flag as described in 
Title 63G, Chapter 1, Part 5
, State Flags;
(c)
a flag that cannot be disturbed or altered;
(d)
the National League of Families POW/MIA flag as described in 36 U.S.C. Sec. 902;
(e)
a flag that represents an Indian tribe as defined in federal law;
(f)
a flag that represents a city, municipality, county, or political subdivision of the state, 
as those terms are defined in Sections 
10-1-104
, 
10-2-301
, 
17-50-101
, and 
17B-1-102
;
(g)
a flag that represents a branch, unit, or division of the United States military;
(h)
a current and official flag of a country or subdivision of the country;
(i)
a flag that represents a Utah college or university, as those terms are defined in 
Section 
53B-1-102
;
(j)
a flag that is temporarily displayed as a part of school curriculum;
(k)
an official public school flag; or
(l)
a flag of an organization authorized to use a public school facility at the location and 
during the time in which the organization is authorized to use the public school 
facility.
(3)
A parent or legal guardian of a student who is enrolled and attends, or who is eligible to 
enroll in and attend, a public school, charter school, or the Utah Schools for the Deaf 
and Blind, may bring an action in the appropriate state court of competent jurisdiction 
for an alleged violation of this section.
(4)
(a)
Notwithstanding Subsection (3), before filing an action for an alleged violation of 
this section, a parent or legal guardian of a student shall provide written notification 
of the alleged violation to the appropriate LEA governing board, as defined in 
Section 
53E-1-102
.
(b)
The LEA governing board shall make a diligent and good faith effort to resolve the 
alleged violation within 10 days from the day the parent or legal guardian of a student 
provides written notice of the alleged violation to the LEA governing board.
(5)
Nothing in this section limits an LEA's authority related to student expression under 
applicable federal or state law.
(6)
The attorney general shall defend and the state shall indemnify and hold harmless a 
person acting under color of state law to enforce this part for any claims or damages, 
including court costs and attorney fees, that:
(a)
arise as a result of this part; and
(b)
are not covered by the person's insurance policies or by any coverage agreement 
issued by the State Risk Management Fund.
(7)
If any provision of this section or the application of any provision of this section to any 
person or circumstance is held invalid by a final decision of a court of competent 
jurisdiction, the remainder of this section shall be given effect without the invalidated 
provision or application.
(8)
The provisions of this section are severable.
Section 2. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-2-25 3:15 PM