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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
538
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
STATE
GOVERNMENT
AND
STATE
AFFAIRS;
AMENDING
SECTION
67
-
2303A,
2
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
FLAGS
FLOWN
BY
A
GOVERNMEN
-
3
TAL
ENTITY,
TO
REMOVE
PROVISIONS
REGARDING
FLAGS
FLOWN
BY
A
GOVERNMEN
-
4
TAL
ENTITY,
TO
PROVIDE
A
PENALTY,
AND
TO
ESTABLISH
PROVISIONS
REGARDING
5
ENFORCEMENT
BY
THE
ATTORNEY
GENERAL;
AND
DECLARING
AN
EMERGENCY.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
67
-
2303A,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
67
-
2303A.
FLAGS
-
-
PROPER
PROTOCOL.
(1)
As
used
in
this
section,
"gov
-
10
ernmental
entity"
means
the
state
of
Idaho
or
any
county,
municipality,
spe
-
1
1
cial
district,
or
any
other
political
subdivision
or
governmental
instru
-
12
mentality
of
or
within
the
state
other
than
a
school,
college,
or
university.
13
Property
of
a
governmental
entity
includes
land
owned
and
maintained
by
the
14
governmental
entity,
including
buildings,
adjoining
land,
parks,
roads,
and
15
boulevards.
16
(2)
A
governmental
entity
shall
not
display
a
flag
on
its
property
other
17
than
the
following:
18
(a)
The
United
States
flag;
19
(b)
The
official
flag
of
a
governmental
entity
as
defined
in
this
sec
-
20
tion;
21
(c)
(b)
Official
flags
of
any
state
in
the
United
States
and
the
offi
-
22
cial
city
or
county
flag
;
23
(d)
(c)
Official
flags
of
any
of
the
military
branches
and
units
of
the
24
United
States;
25
(e)
(d)
The
POW/MIA
flag
as
provided
for
in
section
67
-
2303,
Idaho
Code;
26
(f)
(e)
Official
flags
of
recognized
Indian
tribes;
27
(g)
(f)
Official
flags
of
countries
other
than
the
United
States
to
com
-
28
memorate
special
occasions
,
including
the
Basque
autonomous
community
29
flag
but
excluding
countries
with
which
the
United
States
is
engaged
in
30
hostile
action
;
and
31
(h)
Official
flags
of
Idaho
colleges,
universities,
and
public
32
schools.
33
(g)
The
official
flag
of
an
Idaho
college
or
university,
if
it
has
des
-
34
ignated
by
official
policy
exactly
one
(1)
official
flag.
35
(3)
The
division
of
veterans
services
is
hereby
authorized
to
promul
-
36
gate
rules
directing
the
proper
protocol
for
the
location
and
display
of
37
flags
flown
on
state
property.
38
(4)
A
governmental
entity
that
fails
to
comply
with
the
provisions
of
39
this
section
shall
be
subject
to
a
civil
penalty
of
two
thousand
dollars
40
($2,000)
per
flag
for
each
day
such
flag
is
displayed.
41
2
(5)
The
attorney
general
shall
have
the
duty
to
enforce
this
section
1
against
a
governmental
entity.
Before
initiating
a
civil
action
against
a
2
governmental
entity,
the
attorney
general
shall
advise
the
governmental
en
-
3
tity
in
writing
of
the
violation
and,
if
the
governmental
entity
has
not
al
-
4
ready
been
advised
of
a
substantially
similar
violation,
allow
the
govern
-
5
mental
entity
ten
(10)
days
to
cure
the
violation.
If
the
violation
is
cured
6
within
ten
(10)
days,
the
governmental
entity
shall
not
be
subject
to
civil
7
penalties
for
the
violation.
If
the
violation
is
not
cured
within
ten
(10)
8
days,
or
if
the
governmental
entity
is
not
entitled
to
an
opportunity
to
cure
9
based
on
the
commission
of
a
substantially
similar
violation,
the
attorney
10
general
shall
have
the
authority
to
file
a
civil
action
in
the
district
court
1
1
of
the
county
in
which
the
governmental
entity
is
located
to
enjoin
the
gov
-
12
ernmental
entity
from
violating
the
provisions
of
this
section
and
to
re
-
13
cover
civil
penalties
accruing
from
the
first
day
of
violation.
If
the
at
-
14
torney
general
prevails
in
such
action,
the
court
shall
award
the
attorney
15
general
all
attorney's
fees
incurred
in
bringing
the
action.
16
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
17
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
18
passage
and
approval.
19