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HF 4804

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 02:16pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/08/2024

Current Version - as introduced

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A bill for an act
relating to state government; requiring the secretary of state to place questions on
the 2024 state general election ballot related to approval of the state flag and state
seal designs adopted by the State Emblems Redesign Commission; establishing a
State Symbol Design Commission, if a ballot question placed on the 2024 state
general election is not adopted; requiring a report; amending Minnesota Statutes
2023 Supplement, section 1.135, subdivisions 3a, 6; Laws 2023, chapter 62, article
2, sections 1; 2; 3; 4; 5; 133, subdivision 1.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 1.135, subdivision 3a, is amended
to read:


Subd. 3a.

Official seal; May 11, deleted text begin 2024deleted text end new text begin 2025new text end , and thereafter.

The Great Seal of the State
of Minnesota is the design as certified in the report of the State Emblems Redesign
Commission, as established by Laws 2023, chapter 62, article 2, section 118.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 1.135, subdivision 6, is amended to
read:


Subd. 6.

State's duties.

State agencies and departments using the seal, its impression,
or its likeness shall make every effort to bring any seal, impression, or likeness currently
fixed to a permanent object into accordance with this section and section 4.04. Expendable
material to which the seal in effect prior to May 11, deleted text begin 2024deleted text end new text begin 2025new text end , or any impression, scene,
or likeness of that seal is currently affixed may be used until the supply is exhausted or until
January 1, deleted text begin 2025deleted text end new text begin 2026new text end , whichever occurs first. All unused dies and engravings of the Great
Seal shall be given to the Minnesota Historical Society, along with all historical information
available about the seal, to be retained in the society's permanent collection.

Sec. 3.

Laws 2023, chapter 62, article 2, section 1, the effective date, is amended to read:


EFFECTIVE DATE.

This section is effective May 11, deleted text begin 2024deleted text end new text begin 2025, if the ballot question
related to adoption of the state seal, as required by this act, is approved
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2023.
new text end

Sec. 4.

Laws 2023, chapter 62, article 2, section 2, the effective date, is amended to read:


EFFECTIVE DATE.

This section is effective May 11, deleted text begin 2024deleted text end new text begin 2025, if the ballot question
related to adoption of the state seal, as required by this act, is approved
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2023.
new text end

Sec. 5.

Laws 2023, chapter 62, article 2, section 3, the effective date, is amended to read:


EFFECTIVE DATE.

This section is effective May 11, deleted text begin 2024deleted text end new text begin 2025, if the ballot question
related to adoption of the state seal, as required by this act, is approved
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2023.
new text end

Sec. 6.

Laws 2023, chapter 62, article 2, section 4, the effective date, is amended to read:


EFFECTIVE DATE.

This section is effective May 11, deleted text begin 2024deleted text end new text begin 2025, if the ballot question
related to adoption of the state seal, as required by this act, is approved
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2023.
new text end

Sec. 7.

Laws 2023, chapter 62, article 2, section 5, the effective date, is amended to read:


EFFECTIVE DATE.

This section is effective May 11, deleted text begin 2024deleted text end new text begin 2025, if the ballot question
related to adoption of the state flag, as required by this act, is approved
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2023.
new text end

Sec. 8.

Laws 2023, chapter 62, article 2, section 133, subdivision 1, is amended to read:


Subdivision 1.

State emblems redesign.

Minnesota Statutes 2022, deleted text begin sectionsdeleted text end new text begin sectionnew text end
1.135, subdivisions 3 and 5deleted text begin ; and 1.141, subdivisions 3, 4, and 6deleted text end , are repealed, effective May
11, deleted text begin 2024deleted text end new text begin 2025, if the ballot question related to adoption of the state seal, as required by this
act, is approved; and Minnesota Statutes, section 1.141, subdivisions 3, 4, and 6, are repealed
effective May 11, 2025, if the ballot question related to adoption of the state flag, as required
by this act, is approved
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2023.
new text end

Sec. 9. new text begin REFERENDUM ON APPROVAL OF STATE FLAG AND STATE SEAL.
new text end

new text begin (a) The secretary of state must place separate questions on the ballot at the 2024 state
general election related to final adoption of the state flag and state seal designs approved
by the State Emblems Redesign Commission. Except as provided in this section, the questions
must be placed on the ballot and the results of the election canvassed in the same manner
as provided by law for a proposed state constitutional amendment. The questions submitted
must be:
new text end

new text begin (1) "Shall the state flag design approved by the State Emblems Redesign Commission
be adopted as the official flag of the state of Minnesota, effective May 11, 2025?
new text end

new text begin Yes .
new text end
new text begin No .
new text end
new text begin "; and
new text end

new text begin (2) "Shall the state seal design approved by the State Emblems Redesign Commission
be adopted as the official Great Seal of the State of Minnesota, effective May 11, 2025?
new text end

new text begin Yes .
new text end
new text begin No .
new text end
new text begin "
new text end

new text begin (b) The secretary of state must provide each county auditor or municipal clerk with
sufficient copies of a reproduction of the designs for the state flag and state seal, printed in
color, so that examples can be made available for public inspection in each polling place.
The county auditor or municipal clerk must ensure that these reproductions are placed in a
conspicuous location in the polling place so that voters may view them prior to casting a
ballot.
new text end

new text begin (c) If the majority of voters voting at the election vote yes on a question, the question
is approved and the design referenced in that question is finally adopted as the official flag
or official seal of the state of Minnesota, as applicable. If the majority of voters voting at
the election do not vote yes on a question, the State Symbols Design Commission must be
reconstituted as required in this act, for the purpose of considering a revised design option
for that symbol.
new text end

Sec. 10. new text begin STATE SYMBOLS DESIGN COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Application; purpose. new text end

new text begin If a ballot question required by this act for the
2024 state general election is not approved, the State Symbols Design Commission is
established. The purpose of the commission is to consider whether to propose an alternate
state flag or state seal design, as applicable, to propose to the people at the 2026 state general
election.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The State Symbols Design Commission consists of the following
members:
new text end

new text begin (1) two members of the public serving at-large, appointed by the governor;
new text end

new text begin (2) two members of the public who reside in each congressional district, appointed by
majority vote of the members of the legislature representing the state legislative districts
within the congressional district;
new text end

new text begin (3) one member of the public who is a family farmer, appointed by the commissioner
of agriculture;
new text end

new text begin (4) one member of the public who is a worker in the mining industry, appointed by the
Iron Range Resources and Rehabilitation Board;
new text end

new text begin (5) the executive director of Explore Minnesota Tourism, or the director's designee;
new text end

new text begin (6) the executive director of the Minnesota Historical Society, or the director's designee;
new text end

new text begin (7) one member of the public representing Minnesota's Tribal communities, appointed
by the Indian Affairs Council;
new text end

new text begin (8) one member of the public appointed by the Council for Minnesotans of African
Heritage;
new text end

new text begin (9) one member of the public appointed by the Minnesota Council on Latino Affairs;
and
new text end

new text begin (10) one member of the public appointed by the Council on Asian-Pacific Minnesotans.
new text end

new text begin The commission must select a chair and other officers from among its membership.
Compensation and removal of members is governed by Minnesota Statutes, section 15.059,
subdivisions 3 and 4. Appointments to the commission must be made no later than 30 days
following the effective date of this section.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin Meetings of the commission are subject to Minnesota Statutes,
chapter 13D. The commission must conduct at least one meeting to receive public input in
each congressional district of the state. Selected meeting locations must be balanced between
urban centers and rural areas of the state.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The commission must consider whether to recommend an alternate
state flag or state seal design, as applicable, to submit to voters at the 2026 state general
election. The commission's decision must be based on public feedback it receives about the
current state flag or state seal design, and on public feedback it receives about the details
contained in any alternate design. Any proposed design must accurately and respectfully
reflect Minnesota's shared history, resources, and diverse cultural communities, including
cultural communities representing rural areas and urban areas of the state. The commission
may solicit and secure the voluntary service and aid of vexillologists and other persons who
have either technical or artistic skill in flag or seal construction and design, provided that
the commission's decisions and any final design choices must primarily rely on the input
the commission receives from members of the public who reside in Minnesota and who are
not vexillologists.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin No later than July 1, 2026, the commission must submit a report to the
governor, legislature, and secretary of state detailing its work. The report must summarize
the public input received and, if applicable, include a description and technical specifications
for any proposed design the commission recommends for submission to the people. A design
description must identify the symbols and other meanings incorporated in the submitted
design, and document the public input the commission received to support inclusion of
those symbols or meanings.
new text end

new text begin Subd. 6. new text end

new text begin 2026 state general election; ballot question. new text end

new text begin If an alternate state flag or state
seal design is recommended for submission by the State Symbol Design Commission, the
secretary of state must place a question on the ballot at the 2026 state general election for
each recommended design. Except as provided in this section, the questions must be placed
on the ballot and the results of the election canvassed in the same manner as provided by
law for a proposed state constitutional amendment. As applicable, the questions submitted
must be:
new text end

new text begin (1) "Should the state flag design approved by the State Symbol Design Commission be
adopted as the official flag of the state of Minnesota?
new text end

new text begin Yes .
new text end
new text begin No .
new text end
new text begin "; and
new text end

new text begin (2) "Should the state seal design approved by the State Symbol Design Commission be
adopted as the official Great Seal of the State of Minnesota?
new text end

new text begin Yes .
new text end
new text begin No .
new text end
new text begin "
new text end

new text begin (b) The secretary of state must provide each county auditor or municipal clerk with
sufficient copies of a reproduction of the designs for the state flag and state seal, printed in
color, so that examples can be made available for public inspection in each polling place.
The county auditor or municipal clerk must ensure that these reproductions are placed in a
conspicuous location in the polling place so that voters may view them prior to casting a
ballot.
new text end

new text begin (c) If the majority of voters voting at the election vote yes on a question, the question
is approved, and the revisor of statutes is directed to prepare legislation containing necessary
conforming amendments to statutes to reflect the approved design.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, if a ballot question
required by this act for the 2024 state general election is not approved.
new text end