SF 485

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/17/2021 10:32am

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; providing
a Capitol flag program study and pilot program; 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 must present the flags to the eligible
family member, or 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 No fee for first flag. new text end

new text begin 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 EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 2. new text begin CAPITOL FLAG PROGRAM STUDY; PILOT PROGRAM.
new text end

new text begin (a) The commissioner of administration, in consultation with the Legislative Coordinating
Commission and the commissioners of veterans affairs, military affairs, and public safety,
must study and develop recommendations to implement a Capitol flag program consistent
with the program enacted in Minnesota Statutes, section 16B.276. The study must include
recommendations to address any expected challenges in implementing the program, including
the uncertainty of sufficient funding to serve all families that may be eligible for a flag, and
challenges in verifying a family member's eligibility.
new text end

new text begin (b) By September 1, 2021, the commissioner of administration shall implement a pilot
program to fly up to 50 flags for eligible family members as part of the study required in
paragraph (a). Flags used in the pilot program shall be provided by the sponsoring party,
the family requesting the flag, or a third party and match the size specifications for flags
the state routinely displays over the Capitol.
new text end

new text begin (c) The commissioner must report the results of the study and pilot program, including
any recommendations, to the chairs and ranking minority members of the legislative
committees with jurisdiction over state government finance and veterans affairs no later
than January 15, 2022.
new text end