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HF 300

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 11:34am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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3.1

A bill for an act
relating to state government; establishing a Capitol flag program for families of
military service members and first responders who die in the line of duty; proposing
coding for new law in Minnesota Statutes, chapter 16B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [16B.276] CAPITOL FLAG PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms used in this section have the meanings given
them.
new text end

new text begin (b) "Active service" has the meaning given in section 190.05, subdivision 5.
new text end

new text begin (c) "Eligible family member" means a surviving spouse, parent or legal guardian, child,
or sibling of (1) a public safety officer killed in the line of duty, or (2) a person who has
died while serving honorably in active service in the United States armed forces. For purposes
of this section, an eligibility relationship may be established by birth or adoption.
new text end

new text begin (d) "Killed in the line of duty" has the meaning given in section 299A.41, subdivision
3.
new text end

new text begin (e) "Public safety officer" has the meaning given in section 299A.41, subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin A Capitol flag program is established. The purpose of the
program is to make a Minnesota state flag and an American flag that were flown over the
Minnesota State Capitol available to the family members of a public safety officer killed
in the line of duty or a member of the United States armed forces who died while in active
service. In addition to appropriations provided by law, the commissioner of management
and budget may receive gifts to support the program as authorized in sections 16A.013 to
16A.016. The program established by this section is required only to the extent that sufficient
funds are available through appropriations or gifts to support its operations.
new text end

new text begin Subd. 3. new text end

new text begin Submission of request; presentation. new text end

new text begin (a) A flag request may only be made
by a legislator or state constitutional officer on behalf of an eligible family member, after
verification of the family member's eligibility under the procedures adopted under subdivision
4. The request must be made to the commissioner of administration, and must indicate the
type of flag requested, a certification that the family member's eligibility has been verified,
special requests for the date the flag is requested to be flown over the Capitol, and the
method of presentment. The commissioner may adopt a form to be used for this purpose.
With at least 30 days' notice, the commissioner must honor a request that a flag be flown
on a specific commemorative date.
new text end

new text begin (b) Upon receipt of a request, the commissioner shall deliver the requested flags to the
requesting legislator or constitutional officer for coordination of a later presentment
ceremony. If relevant information is made available, the commissioner shall provide a
certificate memorializing the details of the occasion and the date the flag was flown with
each flag presented.
new text end

new text begin Subd. 4. new text end

new text begin Verification of eligibility. new text end

new text begin The house of representatives, the senate, and each
constitutional officer must adopt procedures for the administration of flag requests received
from eligible family members, including a procedure for verification of a family member's
eligibility to receive a flag.
new text end

new text begin Subd. 5. new text end

new text begin Eligibility; fees. new text end

new text begin (a) For deaths that occur after August 1, 2021, the family of
a public safety officer killed in the line of duty or service member of the United States armed
forces who died in active service is entitled to receive one United States flag and one
Minnesota state flag free of charge under this section. If multiple flags of the same type are
requested to be flown in honor of the same decedent, the commissioner may charge a
reasonable fee that does not exceed the actual cost of flying each flag and preparing a
certificate memorializing the occasion.
new text end

new text begin (b) For deaths that occurred before August 1, 2021, the family of a public safety officer
killed in the line of duty or service member of the United States armed forces who died in
active service may receive one United States flag and one Minnesota state flag for a fee,
unless there are donated, nonstate funds available to provide a flag without a fee. If payment
of a fee is required under this paragraph, the commissioner may charge an eligible family
an amount that does not exceed the actual cost of flying each flag and preparing a certificate
memorializing the occasion.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end