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HB45 • 2026

DISPLAY OF U.S. FLAG

An Act relating to the display of flags by governmental entities; and providing for an effective date.

Education
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
REPRESENTATIVES ALLARD, Rauscher, McCabe
Last action
2026-03-27
Official status
(H) CRA
Effective date
Not listed

Plain English Breakdown

The effective date is July 1, 2025. The bill's last action was March 27, 2026; the source text does not explain this timeline discrepancy.

Rules for Displaying Flags by Government Entities in Alaska

This law requires government buildings and schools to fly the U.S. flag daily when weather allows, bans flags showing political viewpoints on specific topics, and grants immunity to military members who use reasonable force to protect the flag.

What This Bill Does

  • Requires state institutions and public schools to display the U.S. flag every day during school days or business hours if the weather permits.
  • Mandates that when a government entity flies any other flag, the U.S. flag must be in a higher or more prominent position.
  • Prohibits governmental entities from flying flags that represent political viewpoints on race, sexual orientation, gender, partisan politics, or ideology.
  • Allows active and retired military members to use reasonable force to stop someone from destroying or removing the U.S. flag without facing legal trouble, unless a peace officer orders them not to.

Who It Names or Affects

  • State government agencies
  • Local governments and units of local government
  • Public schools in Alaska
  • Public colleges and universities in Alaska
  • Active and retired members of the U.S. armed forces or National Guard

Terms To Know

Governmental entity
A state agency, local government unit, public school, or public college or university.
Political viewpoint
An opinion on race, sexual orientation, gender, political parties, or ideologies that cannot be shown by a flag flown by the government.

Limits and Unknowns

  • The law does not stop private individuals from expressing their own views or flying flags.
  • Military members may only use force to protect the flag if no peace officer orders them not to do so.
  • Governmental entities can still display flags required or authorized by other laws.

Bill History

  1. 2026-03-27 1978

    (H) COSPONSOR(S): MCCABE

  2. 2025-02-14 189

    (H) COSPONSOR(S): RAUSCHER

  3. 2025-01-22 42

    (H) REFERRED TO COMMUNITY & REGIONAL AFFAIRS

  4. 2025-01-22 42

    (H) CRA, JUD

  5. 2025-01-22 42

    (H) READ THE FIRST TIME - REFERRALS

  6. 2025-01-22 42

    (H) PREFILE RELEASED 1/17/25

Official Summary Text

DISPLAY OF U.S. FLAG
An Act relating to the display of flags by governmental entities; and providing for an effective date.

Current Bill Text

Read the full stored bill text
HB0045a -1- HB 45
New Text Underlined [DELETED TEXT BRACKETED]

34-LS0311\I

HOUSE BILL NO. 45

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY REPRESENTATIVES ALLARD, Rauscher, McCabe

Introduced: 1/22/25
Referred: Community and Regional Affairs, Judiciary

A BILL

FOR AN ACT ENTITLED

"An Act relating to the display of flags by governmental entities; and providing for an 1
effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 44.09.030(b) is amended to read: 4
(b) The flag of the United States and the flag of the State of Alaska shall be 5
displayed daily, weather permitting, [IN THE FOLLOWING PLACES: 6
(1)] on or near the main administration building of every institution 7
under the authority or control of the state government and [; 8
(2)] in or near every schoolhouse during school days. A governmental 9
entity that displays the flag of the United States must display the flag in a 10
prominent position that is higher than any other flag displayed. 11
* Sec. 2. AS 44.09.030 is amended by adding new subsections to read: 12
(f) A governmental entity may not erect or display a flag that represents a 13
political viewpoint, including a viewpoint concerning race, sexual orientation, gender, 14
34-LS0311\I
HB 45 -2- HB0045a
New Text Underlined [DELETED TEXT BRACKETED]

or a politically partisan or political ideology. This subsection does not limit the ability 1
of a private individual to express private speech or viewpoints or exercise the 2
individual's right to freedom of speech protected by the First Amendment to the 3
Constitution of the United States or the ability of a governmental entity to display or 4
erect a flag required or authorized by law. 5
(g) Except when directly ordered not to use force by a peace officer acting 6
within the scope and authority of the peace officer's employment, an active or retired 7
member of the armed forces of the United States or the National Guard may use 8
reasonable force to prevent the desecration, destruction, or removal of the United 9
States flag or to replace the United States flag to a prominent position consistent with 10
(b) of this section and is immune from civil or criminal liability for that use of 11
reasonable force. 12
(h) In this section, "governmental entity" means a governmental agency, local 13
government or unit of local government, public school, or public college or university. 14
* Sec. 3. This Act takes effect July 1, 2025. 15