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| 2 | 2 | | HB0045a -1- HB 45 |
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| 5 | 5 | | 34-LS0311\I |
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| 11 | 11 | | HOUSE BILL NO. 45 |
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| 12 | 12 | | |
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| 13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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| 14 | 14 | | |
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| 15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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| 16 | 16 | | |
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| 17 | 17 | | BY REPRESENTATIVE ALLARD |
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| 18 | 18 | | |
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| 19 | 19 | | Introduced: 1/17/25 |
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| 20 | 20 | | Referred: Prefiled |
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| 22 | 22 | | |
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| 23 | 23 | | A BILL |
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| 24 | 24 | | |
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| 25 | 25 | | FOR AN ACT ENTITLED |
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| 26 | 26 | | |
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| 27 | 27 | | "An Act relating to the display of flags by governmental entities; and providing for an 1 |
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| 28 | 28 | | effective date." 2 |
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| 29 | 29 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 |
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| 30 | 30 | | * Section 1. AS 44.09.030(b) is amended to read: 4 |
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| 31 | 31 | | (b) The flag of the United States and the flag of the State of Alaska shall be 5 |
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| 32 | 32 | | displayed daily, weather permitting, [IN THE FOLLOWING PLACES: 6 |
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| 33 | 33 | | (1)] on or near the main administration building of every institution 7 |
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| 34 | 34 | | under the authority or control of the state government and [; |
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| 35 | 35 | | 8 |
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| 36 | 36 | | (2)] in or near every schoolhouse during school days. A governmental 9 |
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| 37 | 37 | | entity that displays the flag of the United States must display the flag in a 10 |
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| 38 | 38 | | prominent position that is higher than any other flag displayed. 11 |
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| 39 | 39 | | * Sec. 2. AS 44.09.030 is amended by adding new subsections to read: 12 |
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| 40 | 40 | | (f) A governmental entity may not erect or display a flag that represents a 13 |
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| 41 | 41 | | political viewpoint, including a viewpoint concerning race, sexual orientation, gender, 14 34-LS0311\I |
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| 42 | 42 | | HB 45 -2- HB0045a |
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| 43 | 43 | | New Text Underlined [DELETED TEXT BRACKETED] |
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| 44 | 44 | | |
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| 45 | 45 | | or a politically partisan or political ideology. This subsection does not limit the ability 1 |
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| 46 | 46 | | of a private individual to express private speech or viewpoints or exercise the 2 |
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| 47 | 47 | | individual's right to freedom of speech protected by the First Amendment to the 3 |
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| 48 | 48 | | Constitution of the United States or the ability of a governmental entity to display or 4 |
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| 49 | 49 | | erect a flag required or authorized by law. 5 |
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| 50 | 50 | | (g) Except when directly ordered not to use force by a peace officer acting 6 |
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| 51 | 51 | | within the scope and authority of the peace officer's employment, an active or retired 7 |
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| 52 | 52 | | member of the armed forces of the United States or the National Guard may use 8 |
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| 53 | 53 | | reasonable force to prevent the desecration, destruction, or removal of the United 9 |
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| 54 | 54 | | States flag or to replace the United States flag to a prominent position consistent with 10 |
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| 55 | 55 | | (b) of this section and is immune from civil or criminal liability for that use of 11 |
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| 56 | 56 | | reasonable force. 12 |
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| 57 | 57 | | (h) In this section, "governmental entity" means a governmental agency, local 13 |
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| 58 | 58 | | government or unit of local government, public school, or public college or university. 14 |
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| 59 | 59 | | * Sec. 3. This Act takes effect July 1, 2025. 15 |
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