Idaho Legislature – VOTE YES on H0561 - Flags, governmental entities (Posted: 02/04/26)

• Link: legislature.idaho.gov/s…

• See bill link above for current status and committee assignment

• See Idaho Insider for links where you can send group emails based on current status and committee assignment: gemstatechronicle.com/l…

Summary (ai assisted)

H0561 revises provisions regarding flags flown by governmental entities. The amendments:

• Define governmental entity and property.

• Limit types of flags that may be displayed on governmental property.

• Provide exceptions for temporary parades or assemblies on governmental property.

• Establish a civil penalty of two thousand dollars per flag per day for noncompliance.

• Assign enforcement authority to the Attorney General with notice and cure provisions.

Definitions

• Governmental entity: 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.

Flag Display Restrictions Only the following flags are allowed on property of a governmental entity:

• United States flag.

• Official flags of any state in the United States and official city or county flag established prior to January 1, 2023.

• Official flags of any of the military branches and units of the United States.

• The POW/MIA flag as provided for in section 67-2303, Idaho Code.

• Official flags of recognized Indian tribes.

• Official flags of countries other than the United States to commemorate special occasions, but excluding countries with which the United States is engaged in hostile action.

• Official flag of an Idaho college or university, if it has designated by official policy exactly one (1) official flag.

Flag display limitations do not apply to any temporary parade or assembly on the property of a governmental entity.

Penalties

Governmental entity that fails to comply with flag display provisions subject to civil penalty of two thousand dollars ($2,000) per flag for each day such flag is displayed.

Enforcement

Attorney General has the duty to enforce this section against a governmental entity after advising the governmental entity in writing of the violation.

• If governmental entity has not already been advised of a substantially similar violation, allow ten (10) days to cure the violation.

• If violation is cured within ten (10) days, governmental entity shall not be subject to civil penalties.

• If violation is not cured within ten (10) days, or governmental entity is not entitled to an opportunity to cure based on a substantially similar violation, Attorney General may file a civil action in the district court of the county in which the governmental entity is located to enjoin the violation and to recover civil penalties accruing from the first day of violation.

• If Attorney General prevails, court shall award all attorney's fees incurred in bringing the action.

Constitutional Considerations: No provisions directly contradict U.S. Constitution or the Idaho Constitution.

Fiscal impact: None. Division of Veteran’s Services directs protocol for location and display of flags on state property.

Reason for Recommendation to VOTE YES

H0561 adds much-needed teeth to H0096 - Govt entities, flag displays, which became law in 2025 with strong support by both House and Senate. (All laws should have teeth; otherwise, why bother passing them?)

Because H0096 had no enforcement provisions or penalties, elected officials could flout the flag law with unauthorized flags. The Idaho Attorney General and law enforcement were helpless to enforce the law, despite public and legislator outcry against such unauthorized displays.

Example: After passage of H0096, Boise Mayor Lauren McLean flew a non-compliant LBGTQ+ (Pride) flag and a newly adopted city flag promoting organ donation at Boise City Hall. She knew no one could do anything about it.

H0561 will make such flag-flying kerfuffle less likely to happen in the future.

Please VOTE YES on this commonsense measure.

Related

• H0096 - Govt entities, flag displays – amended (2025): legislature.idaho.gov/s…

• Mayor Lauren McLean Puts a Flag on Idaho’s Play (Substack Note): (tinyurl.com/ppr99jfd)

• Boise Mayor takes stand and continues to fly pride flag, despite letters (04/17/25 video 06:25): youtube.com/watch?v=BAa…

• Idaho Legislature 2026 Bills to Support or Oppose: tinyurl.com/yc2jpkeh