Alleged Government Violations of Utah Code 63G-1-704

Display of Flags

The state legislature passed House Bill 77 "Flag Display Amendments" and enacted Utah Code §63G-1-704 (Code) in the 2025 General Session, which requires the Office of the State Auditor (Office) to receive and investigate alleged violations of the Code. Any questions, comments, or concerns about the content and purpose of the statute should be directed to the state legislature (le.utah.gov). The Office has no authority to make or amend state statutes.

The Code applies only to government entities, so the Office’s enforcement authority under the Code extends only to government entities. The Office must impose fines against government entities that violate the Code and fail to cure the violation no more than 30 days after we notify them of the violation. Public school systems and their employees are subject to the Code, but the Code does not permit the Office to impose fines against them for violations.

The Office does not have authority to review a private individual’s flag displays or make findings about an individual’s right to free speech.

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WHICH STATE OR LOCAL GOVERNMENTAL ENTITY IS INVOLVED?

Select the applicable state or local government entity (REQUIRED)

CODE VIOLATION

For a complaint to be valid, the reported issue must involve a “flag” and a “display” as defined by the Code. Further, the reported issue must involve one or more of the violations described in the Code. Please review and select the applicable statements and violations below that best describe your concern(s).

I believe the item referenced in the alleged violation above meets the definition of a "Flag" in Code:

"Flag" means "a usually rectangular piece of fabric, with a specific design that symbolizes a location, government entity, or cause."

Utah Code 63G-1-704(1)(b)

I believe the circumstances referenced in the alleged violation meet the definition of “Display” in Code:

“Display” means, “to place a flag in a prominent location on government property where the flag is easily visible.”

Utah Code 63G-1-704(1)(a)

I believe the flag referenced is either prohibited because it is not listed as an “exempt” flag in Code or that the flag was an “exempt” flag that had been altered in violation of Code.

The following is a complete list of exempt (allowed) flags:

the official flag of the United States;
an official Utah state flag;
the current and official flag of another country, state, or political subdivision of another country or state;
a flag that represents a city, municipality, county, or political subdivision of the state;
a flag that represents a branch, unit, or division of the United States military;
the National League of Families POW/MIA flag;
a flag that represents an Indian tribe;
an officially licensed flag of a college or university depicting only the colors, logos, and marks consistent with official college or university branding;
a historic version of a United States or Utah flag;
an official public school flag;
an official flag of the United States Olympic Committee, United States Paralympic Committee, International Olympic Committee, or International Paralympic Committee;
an official flag of an olympiad or paralympiad that occurred or will occur within the state; or
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.

ALLEGED VIOLATION(S)

A government entity displayed a prohibited flag on government property in a prominent location where the flag is easily visible.

An employee of either a school district or school in the public-education system displayed a prohibited flag on government property in a prominent location where the flag is easily visible.

A government entity displayed an exempt flag on government property in a prominent location where the flag is easily visible, but the displayed exempt flag contained alterations in color, symbols, or appearance.

An employee of either a school district or school in the public-education system displayed an exempt flag on government property in a prominent location where the flag is easily visible, but the displayed exempt flag contained alterations in color, symbols, or appearance.

DETAILS OF ALLEGED VIOLATION

The questions below are designed to help you organize and provide all relevant information. We encourage you to respond to each question with as much detail as possible.

1. Where did the violation occur? Identify the specific, prominent location(s) where the flag(s) is displayed. (REQUIRED)

2. What type of prohibited flag is displayed, or how was the exempt flag altered? (REQUIRED)

3. How is the flag displayed? Describe how the flag is easily visible. (REQUIRED)

4. What are the dates that the alleged violation(s) occurred? Is it on-going? (REQUIRED)

5. Describe any other relevant circumstances and details of the alleged violation(s) (REQUIRED)

6. Who are the employees or officials at the government entity who were involved in the alleged violation or who have the responsibility to remediate the alleged violation?

7. We encourage citizens to make reasonable attempts to address and resolve concerns directly with the government entity when possible. Please describe any measures you have taken to resolve these concerns, with whom you have communicated, and any response provided by the entity.

8. How were you made aware of the alleged noncompliance or violation(s)?

9. What evidence exists to support your allegation?

WILL MY IDENTITY BE PROTECTED?

Complaints may be submitted anonymously. However, providing contact information allows us to ask follow-up questions and investigate the complaint more effectively. Disclosure of identity is also necessary if an eligible complainant is asserting Whistleblower status, in accordance with Utah Code §67-21.

The State Auditor classifies the identity of complainants as a protected record under Utah Code §67-3-1 and the Government Records Access and Management Act (GRAMA). Therefore, we do not disclose complainant identity unless authorized by the complainant or upon a court order. However, on occasion, individuals/entities under investigation may be able to guess or determine complainant identity due to the nature of the complaint.

Please indicate your preferences regarding anonymity and a response by selecting the applicable boxes below.

If the complaint cannot be investigated without disclosure of my identity, I authorize the State Auditor to disclose my identity to the subject entity. I understand the presumption of anonymity is waived by selecting this option. I understand that, if I do not select this option, the State Auditor may not be able to fully investigate my complaint..

As an employee of the subject entity, I request WHISTLEBLOWER STATUS under Utah Code §67-21. I have read and understand the provisions of this statute and understand that the State Auditor cannot prevent adverse employment actions.

I do NOT request a response from the State Auditor upon conclusion of any investigation.

Please provide your contact information according to your selections above and your comfort level.

Complainant Name (REQUIRED)

Name is required based on checkboxes selected above.

Complainant Street Address

Complainant Email Address (REQUIRED)

Email is required based on checkboxes selected above.

Complainant Phone Number

ACKNOWLEDGEMENT

I certify that the information I have provided is accurate and complete to the best of my knowledge. I acknowledge that under Utah Code 76-8-504 it is a class B misdemeanor for a person to make a written false statement that he or she does not believe to be true with the intent to deceive a public servant in the performance of the public servant's official function.