SF 208

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/07/2014 08:42am

A bill for an act
relating to veterans; designating the Honor and Remember Flag as an official
symbol of the state's commitment to military service members who have lost
their lives in service to our country; encouraging display of the flag on certain
days in certain public locations; providing an exception to the gift ban; amending
Minnesota Statutes 2012, section 471.895, subdivision 3; Minnesota Statutes
2013 Supplement, section 10A.071, subdivision 3; proposing coding for new
law in Minnesota Statutes, chapter 197.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 10A.071, subdivision 3,
is amended to read:

Subd. 3.

Exceptions.

(a) The prohibitions in this section do not apply if the gift is:

(1) a contribution as defined in section 10A.01, subdivision 11;

(2) services to assist an official in the performance of official duties, including
but not limited to providing advice, consultation, information, and communication in
connection with legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque with a resale value of $5 or less;

(5) a trinket or memento costing $5 or less;

(6) informational material with a resale value of $5 or less; deleted text begin or
deleted text end

(7) food or a beverage given at a reception, meal, or meeting if:

(i) the reception, meal, or meeting is held away from the recipient's place of work by
an organization before whom the recipient appears to make a speech or answer questions
as part of a program; or

(ii) the recipient is a member or employee of the legislature and an invitation to
attend the reception, meal, or meeting was provided to all members of the legislature at
least five days prior to the date of the event deleted text begin . deleted text end new text begin ; or
new text end

new text begin (8) one or more Honor and Remember Flags for the purposes of section 197.987.
new text end

(b) The prohibitions in this section do not apply if the gift is given:

(1) because of the recipient's membership in a group, a majority of whose members
are not officials, and an equivalent gift is given to the other members of the group; or

(2) by a lobbyist or principal who is a member of the family of the recipient, unless
the gift is given on behalf of someone who is not a member of that family.

Sec. 2.

new text begin [197.987] HONOR AND REMEMBER FLAG.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative findings. new text end

new text begin The legislature of the state of Minnesota finds
and determines that:
new text end

new text begin (1) since the Revolutionary War, more than 1,000,000 members of the United States
armed forces have paid the ultimate price by sacrificing their lives in active military
service for the United States of America;
new text end

new text begin (2) the contribution made by those fallen members of the armed forces is deserving
of state and national recognition; and
new text end

new text begin (3) the Honor and Remember Flag is an appropriate symbol that acknowledges the
selfless sacrifice of those members of the United States armed forces.
new text end

new text begin Subd. 2. new text end

new text begin Designation. new text end

new text begin The Honor and Remember Flag described in subdivision
3 is designated as the symbol of our state's concern and commitment to honoring and
remembering the lives of all members of the United States armed forces who have lost
their lives in the line of duty while serving honorably in active military service in the
United States armed forces or of a service-connected cause due to or aggravated by that
service, as determined by the United States Department of Defense or the United States
Department of Veterans Affairs. This designation is contingent on the flag being available
for purchase at a reasonable price.
new text end

new text begin Subd. 3. new text end

new text begin Description. new text end

new text begin The Honor and Remember Flag shall conform substantially
to the following description: The Honor and Remember Flag is the same standard
proportions as the flag of the United States of America. Its design contains a red field that
occupies the top three-quarters and a white field that occupies the bottom quarter of the
flag. In the center of the red field is a five-pointed, gold star with the top point located
near the top of the red field and the two bottom points extending about one-quarter of the
way into the white field. The gold star has a white border surrounded by a blue border.
Between the two bottom points of the star is a tri-folded American flag displaying the blue
field and some stars, which is the configuration of the American flag presented to the
family of the deceased at a military memorial service. At the top of the tri-folded flag,
extending into the center of the gold star, is a stylized, three-part flame, with one blue part
and two red parts. In the white field below the tri-folded flag, the words "Honor and
Remember" are centered. The Honor and Remember Flag is protected by U. S. copyright,
registration number VA0001670661, owned by Honor and Remember, Inc.
new text end

new text begin Subd. 4. new text end

new text begin Suggested days for flag display. new text end

new text begin (a) The chief administrator of each
governmental building or facility within this state, as defined in paragraph (b), is
encouraged to display the Honor and Remember Flag on the following days each year:
new text end

new text begin (1) Armed Forces Day, the third Saturday in May;
new text end

new text begin (2) Flag Day, June 14;
new text end

new text begin (3) July 2nd and July 3rd, in remembrance of the 262 soldiers of the 1st Regiment
Minnesota Volunteer Infantry who, at the Battle of Gettysburg during the American Civil
War, fought so gallantly and successfully to repulse two major Confederate attacks on the
main Union line, suffering over 80 percent casualties, thereby turning the battle and the
war and helping to preserve the Union itself at that pivotal moment in our nation's history;
new text end

new text begin (4) July 4th, Independence Day;
new text end

new text begin (5) the third Friday of September, National POW/MIA Recognition Day;
new text end

new text begin (6) November 11, Veterans Day;
new text end

new text begin (7) July 27, Korean War Armistice Day;
new text end

new text begin (8) March 29, Vietnam Veterans Day; and
new text end

new text begin (9) any day on which the United States flag is displayed at a governmental building
or facility within this state.
new text end

new text begin (b) For purposes of this section, "governmental building or facility within this state"
means the following locations:
new text end

new text begin (1) the Minnesota State Capitol, the Office of the Governor and each other Minnesota
constitutional office, the chambers of the Minnesota Senate and the Minnesota House of
Representatives, the Minnesota Judicial Center and each Minnesota District Court House,
any official state of Minnesota veterans memorial, Minnesota veterans home, Minnesota
veterans cemetery, state veterans service centers, and state veterans community-based
outreach centers; and
new text end

new text begin (2) any appropriate local government building or facility, as determined by the
governing body of that local government.
new text end

new text begin Subd. 5. new text end

new text begin Limitation. new text end

new text begin This section may not be construed or interpreted to require
any employee to report to work solely for the purpose of providing for the display of the
Honor and Remember Flag or any other flag.
new text end

new text begin Subd. 6. new text end

new text begin Implementation. new text end

new text begin If a governmental building or facility within this state
opts to display the Honor and Remember Flag, the chief administrator of that facility shall
prescribe procedures necessary for the display.
new text end

new text begin Subd. 7. new text end

new text begin Flag donation. new text end

new text begin Notwithstanding sections 10A.071 and 471.895, any
named public office or public official may accept a donation of one or more Honor and
Remember Flags for the purpose of this section.
new text end

Sec. 3.

Minnesota Statutes 2012, section 471.895, subdivision 3, is amended to read:

Subd. 3.

Exceptions.

(a) The prohibitions in this section do not apply if the gift is:

(1) a contribution as defined in section 211A.01, subdivision 5;

(2) services to assist an official in the performance of official duties, including
but not limited to providing advice, consultation, information, and communication in
connection with legislation, and services to constituents;

(3) services of insignificant monetary value;

(4) a plaque or similar memento recognizing individual services in a field of
specialty or to a charitable cause;

(5) a trinket or memento costing $5 or less;

(6) informational material of unexceptional value; deleted text begin or
deleted text end

(7) food or a beverage given at a reception, meal, or meeting away from the
recipient's place of work by an organization before whom the recipient appears to make a
speech or answer questions as part of a program deleted text begin . deleted text end new text begin ; or
new text end

new text begin (8) one or more Honor and Remember Flags for the purposes of section 197.987.
new text end

(b) The prohibitions in this section do not apply if the gift is given:

(1) because of the recipient's membership in a group, a majority of whose members
are not local officials, and an equivalent gift is given or offered to the other members
of the group;

(2) by an interested person who is a member of the family of the recipient, unless the
gift is given on behalf of someone who is not a member of that family; or

(3) by a national or multistate organization of governmental organizations or public
officials, if a majority of the dues to the organization are paid from public funds, to
attendees at a conference sponsored by that organization, if the gift is food or a beverage
given at a reception or meal and an equivalent gift is given or offered to all other attendees.

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end