BILL NUMBER: SB 1359	CHAPTERED  06/24/02

	CHAPTER  73
	FILED WITH SECRETARY OF STATE  JUNE 24, 2002
	APPROVED BY GOVERNOR  JUNE 24, 2002
	PASSED THE ASSEMBLY  JUNE 10, 2002
	PASSED THE SENATE  MAY 20, 2002
	AMENDED IN SENATE  MAY 15, 2002
	AMENDED IN SENATE  APRIL 15, 2002

INTRODUCED BY   Senator Haynes

                        FEBRUARY 6, 2002

   An act to amend Section 434.5 of the Government Code, relating to
display of the American flag.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1359, Haynes.  Display of the American flag.
   Existing law prohibits any person, private entity, or governmental
agency from adopting a measure that prevents any person or private
entity from exercising his or her legal right to display a Flag of
the United States on private property, unless it is used as, or in
conjunction with, an advertising display.  Existing law prohibits
these provisions from being construed to prevent a city, county, or
city and county from imposing reasonable restrictions as to the time,
place, and manner of placement or display of a Flag of the United
States when necessary for the preservation of the public's health,
safety, or order, and prohibits any restrictions from being imposed
solely to promote aesthetic considerations.
   This bill would additionally prohibit any local government agency,
as defined, from adopting any policy or regulation that prohibits or
restricts an employee of that agency from displaying a Flag of the
United States, or a pin of that flag, on his or her person, in his or
her workplace, or on a local government agency vehicle, except as
specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 434.5 of the Government Code is amended to
read:
   434.5.  (a) As used in this section, the following terms have the
following meaning:
   (1) "Legal right" means the freedom of use and enjoyment generally
exercised by owners and occupiers of land.
   (2) "Local government agency" means a county, city, whether
general law or chartered, city and county, town, municipal
corporation, school district or other district, political
subdivision, or any board, commission, or agency thereof, or other
local agency.
   (b) (1) No person, private entity, or governmental agency shall
adopt any rule, regulation, or ordinance, or enter into any agreement
or covenant, that prevents any person or private entity that would
otherwise have the legal right to display a Flag of the United States
on private property from exercising that right, unless it is used
as, or in conjunction with, an advertising display.
   (2) Nothing in this subdivision shall be construed to prevent a
city, county, or city and county from imposing reasonable
restrictions as to the time, place, and manner of placement or
display of a Flag of the United States when necessary for the
preservation of the public's health, safety, or order.
   (c) (1) A local government agency may not adopt any policy or
regulation that prohibits or restricts an employee of that agency
from displaying a Flag of the United States, or a pin of that flag,
on his or her person, in his or her workplace, or on a local
government agency vehicle operated by that employee.
   (2) Nothing in this subdivision shall be construed to prevent a
local government agency from imposing reasonable restrictions as to
the time, place, and manner of placement or display of a Flag of the
United States when necessary for the preservation of the order or
discipline of the workplace.
   (d) No restrictions solely to promote aesthetic considerations
shall be imposed pursuant to paragraph (2) of subdivision (b) or
paragraph (2) of subdivision (c).