The Alabama State Senate passed legislation on Tuesday that would bar homeowners’ associations (HOAs) from prohibiting the display of the Alabama flag.

Senate Bill 42 was sponsored by State Sen. Chris Elliott (R-Fairhope).

“This is another Alabama flag bill,” Elliott said.

The bill had followed another bill requiring that state agencies purchase only American-made flags. Article | 1819 News

“I am not requiring that the flags be made in Alabama,” Elliott said.

Elliott said that this bill had passed the Senate during the 2021 Alabama regular legislative session.

Senate Minority Leader Bobby Singleton (D-Greensboro) asked, “Could they restrict the Confederate flag?”

“Yes,” Elliott responded.

“What about the American flag?” Singleton asked.

“This bill does not address that.” Elliott said. “The American flag is already protected by federal law. My bill parallels the language in the federal law.”

Elliott explained that like the federal bill, the HOA is allowed to make reasonable limitations on the size and manner of display of the Alabama flag, they just may not bar the display of the flag.

Elliott said that the Senate passed this during the 2021 Alabama Regular Legislative Session but that the session ran out of time before the Alabama House could get around to it.

SB42 passed the Alabama Senate 31 to 0. The bill has now been referred to the Alabama House of Representatives for their consideration. It has been referred to the House Committee on County and Municipal Government.

Thursday will be day six of the 2022 Alabama Regular Legislative Session. Both Houses of the Legislature will meet Thursday morning.

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