Depoliticize Government Property Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 3
HOUSE BILL 244
Committee Substitute Favorable 3/11/25
Committee Substitute #2 Favorable 4/15/25

Short Title: Depoliticize Government Property Act. (Public)
Sponsors:
Referred to:
March 3, 2025
*H244-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE TH AT ONLY OFFICIAL GOV ERNMENTAL FLAGS MAY BE 2
FLOWN OR DISPLAYED ON PROPERTY OWNED BY THE STATE OR A POLITICAL 3
SUBDIVISION OF THE STATE. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 144-5 reads as rewritten: 6
"§ 144-5. Flags to conform to law; display and handling of a flag of the United States of 7
America or the State of North Carolina an official governmental flag by State 8
institutions and other political subdivisions of the State. 9
… 10
(b) A flag of the United States of America or the State of North Carolina An official 11
governmental flag that is displayed by a State institution or a political subdivision of the State on 12
the premises of a building of a State institution or a political subdivision of th e State under 13
G.S. 144-7.1 shall be handled, displayed, stored, and respectfully disposed of in accordance with 14
the federal Flag Code, 4 U.S.C. §§ 1-10." 15
SECTION 2. G.S. 144-7 reads as rewritten: 16
"§ 144-7. Display of official governmental flags; public restrictions. 17
(a) A county, city, consolidated city-county, or unified government shall not prohibit an 18
official governmental flag from being flown or displayed if the official governmental flag is 19
flown or displayed:displayed in accordance with all of the following: 20
(1) In accordance with the The patriotic customs set forth in 4 U.S.C. §§ 5-10, as 21
amended; andamended. 22
(2) Upon private or public property with the consent of either the owner of the 23
property or of any person having lawful control of the property. 24
(3) The provisions in G.S. 144-7.1. 25
(b) Notwithstanding subsection (a) of this section, for For the purpose of protecting the 26
public health, safety, and welfare, reasonable restrictions on flag size, number of flags, location, 27
and height of flagpoles are not prohibited, provided that such restrictions shall not discriminate 28
against any official gover nmental flag in any manner.manner and shall comply with 29
G.S. 144-7.1. 30
(c) For purposes of this section, an "official governmental flag" shall mean any of the 31
following:is as defined in G.S. 144-7.1. 32
(1) The flag of the United States of America. 33
(2) The flag of nations recognized by the United States of America. 34
(3) The flag of the State of North Carolina. 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 244-Third Edition
(4) The flag of any state or territory of the United States. 1
(5) The flag of a political subdivision of any state or territory of the United 2
States." 3
SECTION 3. Chapter 144 of the General Statutes is amended by adding a new 4
section to read: 5
"§ 144-7.1. Display of official governmental flags on State and local government property. 6
(a) Only the following official governmental flags may be flown or displayed by a State 7
institution or a political subdivision of the State on the premises of a building of a State institution 8
or a political subdivision of the State: 9
(1) The flag of the United States of America. 10
(2) The flag of the State of North Carolina. 11
(3) The flag of a county, city, or other governmental agen cy, school, or other 12
educational facility. 13
(4) The flag of any military branch of the United States of America. 14
(5) The Prisoner of War/Missing in Action (POW/MIA) flag. 15
(6) The Honor and Remember flag. 16
(7) The flag of nations recognized by the United States of America. 17
(8) The flag of any state or territory of the United States. 18
(9) The flag of a political subdivision of any state or territory of the United States. 19
(10) The flag of any Indian tribe or Indian group recognized by State or federal 20
law. 21
(b) For purposes of this section, the term "displayed" means the governmental flag or an 22
image of the governmental flag is placed anywhere, including the walls of a facility, employee 23
breakroom, and sidewalks. 24
(c) This section shall not apply to either of the following: 25
(1) A historic display at a museum. 26
(2) A reenactment of a prior war of the United States. 27
(d) Any employee of the State or political subdivision of the State who violates this 28
section is subject to disciplinary action, including termination from employment." 29
SECTION 4. This act becomes effective October 1, 2025, and applies to violations 30
occurring on or after that date. 31