TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 23

MISCELLANEOUS PROVISIONS

67-2303A.  flags — proper protocol. (1) As used in this section, "governmental entity" means the state of Idaho or any county, municipality, special district, or any other political subdivision or governmental instrumentality of or within the state other than a school, college, or university. Property of a governmental entity includes land owned and maintained by the governmental entity, including buildings, adjoining land, parks, roads, and boulevards.

(2)  A governmental entity shall not display a flag on its property other than the following:

(a)  The United States flag;

(b)  Official flags of any state in the United States and the official city or county flag as established prior to January 1, 2023;

(c)  Official flags of any of the military branches and units of the United States;

(d)  The POW/MIA flag as provided for in section 67-2303, Idaho Code;

(e)  Official flags of recognized Indian tribes;

(f)  Official flags of countries other than the United States to commemorate special occasions or in recognition of historic international and cross-border relations, including the Basque autonomous community flag as recognized as an official flag by the Spanish government, but excluding countries with which the United States is engaged in hostile action;

(g)  The official flag of an Idaho college or university, if it has designated by official policy exactly one (1) official flag; and

(h)  Flags, banners, or pennants displayed on government-owned flagpoles or streetlights or on any government property along streets or boulevards that are not political, religious, or ideological in nature.

(3)  The provisions of subsection (2) of this section shall not apply to any temporary parade or assembly on the property of a governmental entity.

(4)  The division of veterans services is hereby authorized to promulgate rules directing the proper protocol for the location and display of flags flown on state property.

(5)  A governmental entity that fails to comply with the provisions of this section shall be subject to a civil penalty of two thousand dollars ($2,000) per flag for each day such flag is displayed.

(6)  The attorney general shall have the duty to enforce this section against a governmental entity. Before initiating a civil action against a governmental entity, the attorney general shall advise the governmental entity in writing of the violation and, if the governmental entity has not already been advised of a substantially similar violation, allow the governmental entity ten (10) days to cure the violation. If the violation is cured within ten (10) days, the governmental entity shall not be subject to civil penalties for the violation. If the violation is not cured within ten (10) days, or if the governmental entity is not entitled to an opportunity to cure based on the commission of a substantially similar violation, the attorney general shall have the authority to file a civil action in the district court of the county in which the governmental entity is located to enjoin the governmental entity from violating the provisions of this section and to recover civil penalties accruing from the first day of violation. If the attorney general prevails in such action, the court shall award the attorney general all attorney’s fees incurred in bringing the action.

History:

[67-2303A, added 2012, ch. 199, sec. 2, p. 534; am. 2025, ch. 274, sec. 1, p. 1165; am. 2026, ch. 260, sec. 1, p. 1108.]