H244: Depoliticize Government Property Act. Latest Version

Session: 2025 - 2026

House
Passed 1st Reading
Rules
Committee


AN ACT TO PROVIDE THAT ONLY OFFICIAL GOVERNMENTAL FLAGS May be flown or displayed on property owned by the State or a political subdivision of the state.



The General Assembly of North Carolina enacts:



SECTION 1.  G.S. 144‑5 reads as rewritten:



§ 144‑5.  Flags to conform to law; display and handling of a flag of the United States of America or the State of North Carolina an official governmental flag by State institutions and other political subdivisions of the State.





(b)        A flag of the United States of America or the State of North Carolina An official governmental flag that is displayed by a State institution or a political subdivision of the State on the premises of a building of a State institution or a political subdivision of the State under G.S. 144‑7.1 shall be handled, displayed, stored, and respectfully disposed of in accordance with the federal Flag Code, 4 U.S.C. §§ 1‑10.



SECTION 2.  G.S. 144‑7 reads as rewritten:



§ 144‑7.  Display of official governmental flags; public restrictions.



(a)        A county, city, consolidated city‑county, or unified government shall not prohibit an official governmental flag from being flown or displayed if the official governmental flag is flown or displayed:displayed in accordance with all of the following:



(1)        In accordance with the The patriotic customs set forth in 4 U.S.C. §§ 5‑10, as amended; andamended.



(2)        Upon private or public property with the consent of either the owner of the property or of any person having lawful control of the property.



(3)        The provisions in G.S. 144‑7.1.



(b)        Notwithstanding subsection (a) of this section, for For the purpose of protecting the public health, safety, and welfare, reasonable restrictions on flag size, number of flags, location, and height of flagpoles are not prohibited, provided that such restrictions shall not discriminate against any official governmental flag in any manner.manner and shall comply with G.S. 144‑7.1.



(c)        For purposes of this section, an official governmental flag shall mean any of the following:is as defined in G.S. 144‑7.1.



(1)        The flag of the United States of America.



(2)        The flag of nations recognized by the United States of America.



(3)        The flag of the State of North Carolina.



(4)        The flag of any state or territory of the United States.



(5)        The flag of a political subdivision of any state or territory of the United States.



SECTION 3.  Chapter 144 of the General Statutes is amended by adding a new section to read:



§ 144‑7.1.  Display of official governmental flags on State and local government property.



(a)        Only the following official governmental flags may be flown or displayed by a State institution or a political subdivision of the State on the premises of a building of a State institution or a political subdivision of the State:



(1)        The flag of the United States of America.



(2)        The flag of the State of North Carolina.



(3)        The flag of a county, city, or other governmental agency, school, or other educational facility.



(4)        The flag of any military branch of the United States of America.



(5)        The Prisoner of War/Missing in Action (POW/MIA) flag.



(6)        The Honor and Remember flag.



(7)        The flag of nations recognized by the United States of America.



(8)        The flag of any state or territory of the United States.



(9)        The flag of a political subdivision of any state or territory of the United States.



(10)      The flag of any Indian tribe or Indian group recognized by State or federal law.



(b)        For purposes of this section, the term displayed means the governmental flag or an image of the governmental flag is placed anywhere, including the walls of a facility, employee breakroom, and sidewalks.



(c)        Any employee of the State or political subdivision of the State who violates this section is subject to disciplinary action, including termination from employment.



SECTION 4.  This act becomes effective October 1, 2025, and applies to violations occurring on or after that date.