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69th Legislature 2025 HB 819
- 1 - Authorized Print Version – HB 819
ENROLLED BILL
AN ACT REVISING LAWS RELATED TO THE DISPLAY OF FLAGS AND BANNERS IN OR ON
GOVERNMENT PROPERTY, STATE BUILDINGS AND GROUNDS, PUBLIC SCHOOLS, AND OTHER
GOVERNMENT-OWNED FACILITIES; PROVIDING LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS;
PROVIDING RESTRICTIONS; PROVIDING EXCEPTIONS; AND PROVIDING AN IMMEDIATE EFFECTIVE
DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Legislative findings. The legislature finds that:
(1) Government property, including state buildings and grounds, public schools, and other
government-owned facilities, should serve neutral governmental functions and not be used to promote political
or ideological advocacy.
(2) The United States flag and other officially recognized governmental flags represent the
collective identity, heritage, and sovereignty of the nation, state, and local entities and should be the primary
symbols displayed on government property.
(3) Allowing nongovernmental or politically charged symbols on state property creates
inconsistency in enforcement, legal challenges, and public divisiveness, undermining the neutrality and
inclusivity of government spaces.
(4) Flags honoring law enforcement officers, military service members, and public service
organizations provide appropriate, nonpolitical recognition of their contributions to public safety and national
defense.
(5) [Sections 1 through 3] do not infringe on private speech or individual expression, as they apply
solely to government-controlled displays, ensuring personal freedoms remain intact while maintaining a neutral
public environment.
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69th Legislature 2025 HB 819
- 2 - Authorized Print Version – HB 819
ENROLLED BILL
Section 2. Definitions. For the purposes of [sections 1 through 3], the following definitions apply:
(1) "Flag" means any physical or digital material designed for display on a flagpole, building, wall,
vehicle, or other structure. Flags typically serve as symbols of identity, allegiance, recognition, commemoration,
or advocacy, representing nations, states, political movements, or social causes.
(2) "Government property" means buildings, grounds, vehicles, uniforms, and any other property
owned, leased, or controlled by a state, county, municipal, or other government entity, including public schools,
universities, and special districts.
Section 3. Display of flags and banners on government property. (1) No flag or banner may be
displayed in or on government property, including but not limited to state buildings and grounds, public schools,
and other government-owned facilities, other than the following flags and banners:
(a) the United States flag;
(b) the official flag of the state of Montana, or any county, municipality, special district, or other
political subdivision within the state;
(c) the official flag of a school district, public university, or community college;
(d) the official flag of any state in the United States;
(e) the official flag of any federally recognized tribal nation;
(f) the official flag of any federally recognized foreign nation;
(g) the official flag of any of the branches and units of the United States military;
(h) official historical flags of the United States and the state of Montana, including but not limited to
the Betsy Ross flag, Gadsden flag, and other flags of historical significance;
(i) the POW/MIA flag, as provided in 1-1-541;
(j) flags or banners representing official school mascots and colors; and
(k) official law enforcement flags, including but not limited to flags honoring law enforcement
officers and fallen officers.
(2) (a) No flags or banners may be displayed on state property that represent a political viewpoint,
including but not limited to flags or banners regarding a political party, race, sexual orientation, gender, or
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69th Legislature 2025 HB 819
- 3 - Authorized Print Version – HB 819
ENROLLED BILL
political ideology.
(b) Subsection (2)(a) does not apply to flags recognizing official government entities, law
enforcement agencies, military branches, or public service organizations.
(3) Nothing in [sections 1 through 3] may be construed to limit the private speech of individuals,
and nothing in [sections 1 through 3] may be interpreted to restrict expressions of personal belief outside of
official government displays.
(4) [Sections 1 through 3] do not apply to personal clothing, jewelry, or accessories worn by
government employees, except where specific uniform policies or official dress codes apply.
Section 4. Codification instruction. [Sections 1 through 3] are intended to be codified as an integral
part of Title 1, chapter 1, part 6, and the provisions of Title 1, chapter 1, part 6, apply to [sections 1 through 3].
Section 5. Severability. If a part of [this act] is invalid, all valid parts that are severable from the
invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid applications.
Section 6. Effective date. [This act] is effective on passage and approval.
- END -
I hereby certify that the within bill,
HB 819, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 819
INTRODUCED BY B. MITCHELL, V. RICCI, L. SCHUBERT, M. VINTON, S. KELLY, S. KLAKKEN, E. ALBUS,
K. LOVE, A. NICASTRO, G. OVERSTREET, T. SHARP, E. BYRNE, R. GREGG, C. COCHRAN, T. MILLETT,
D. EMRICH, J. FULLER, S. GIST, C. HINKLE, R. MARSHALL, N. NICOL, A. REGIER, S. VANCE, S.
FITZPATRICK, C. GLIMM, G. OBLANDER, K. ZOLNIKOV, J. ETCHART, F. NAVE, B. USHER, J. GILLETTE,
L. BREWSTER, N. DURAM, T. FALK, P. FIELDER, G. KMETZ, T. MCGILLVRAY, M. NOLAND, K. SEEKINS-
CROWE, Z. WIRTH, S. MANESS, K. BOGNER, B. BEARD, S. ESSMANN, J. HINKLE, B. PHALEN
AN ACT REVISING LAWS RELATED TO THE DISPLAY OF FLAGS AND BANNERS IN OR ON GOVERNMENT
PROPERTY, STATE BUILDINGS AND GROUNDS, PUBLIC SCHOOLS, AND OTHER GOVERNMENT-
OWNED FACILITIES; PROVIDING LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING
RESTRICTIONS; PROVIDING EXCEPTIONS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.