00                             HOUSE BILL NO. 45                                                                          
01 "An Act relating to the display of flags by governmental entities; and providing for an                                 
02 effective date."                                                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 44.09.030(b) is amended to read:                                                                   
05            (b)  The flag of the United States and the flag of the State of Alaska shall be                              
06       displayed daily, weather permitting, [IN THE FOLLOWING PLACES:                                                    
07                 (1)]  on or near the main administration building of every institution                                  
08       under the authority or control of the state government and [;                                                 
09                 (2)]  in or near every schoolhouse during school days. A governmental                               
10       entity that displays the flag of the United States must display the flag in a                                 
11       prominent position that is higher than any other flag displayed.                                              
12    * Sec. 2. AS 44.09.030 is amended by adding new subsections to read:                                               
13            (f)  A governmental entity may not erect or display a flag that represents a                                 
14       political viewpoint, including a viewpoint concerning race, sexual orientation, gender,                           

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