HF5077

Purpose

To encourage uniform display of the state flag by local governments. The bill creates a penalty that reduces local government aid to counties or cities that fly or use a state flag design other than the one certified by the State Emblems Redesign Commission, as established by Laws 2023 chapter 62 article 2 section 118. It ties the penalty to the current Minnesota flag design standards and aims to ensure compliance across local governments.

Main Provisions

• Penalty for use of an incorrect state flag

  • The commissioner of revenue must reduce the local government aid to a county or city under Minnesota Statutes chapter 477A (specifically sections 477A.011 to 477A.03) by ten percent if the county or city flies or otherwise uses a state flag design other than the design certified in the report of the State Emblems Redesign Commission.
  • The reduction applies to aid payable in the year following any year in which an instance occurred where the incorrect flag was used.
  • The clause begins with “Notwithstanding any other law to the contrary,” giving the flag-usage penalty priority over conflicting provisions.

• Annual notification requirement

  • On December 31 of each year, the governing body of any county or city subject to the penalty must notify the commissioner of revenue of the county’s or city’s use of the incorrect state flag.

• Reference points

  • The penalty and process reference the design certified by the State Emblems Redesign Commission and Laws 2023 chapter 62 article 2 section 118.
  • The authority cited is Minnesota Statutes chapter 477A.

Effects on Existing Law

• New penalty mechanism added to local government funding

  • This bill creates a direct relationship between flag display and the amount of local government aid (LGA) a county or city receives, introducing a fiscal consequence for using an incorrect state flag.
  • It explicitly links flag compliance to aid reductions and places the enforcement within the Department of Revenue’s requirements.

• Specific design standard reference

  • The bill ties local flag display to the state flag design as certified by the State Emblems Redesign Commission, incorporating the 2023 redesign framework into ongoing local practice.

Compliance and Enforcement

• Enforcement role

  • The commissioner of revenue is responsible for implementing the 10% reduction when an occurrence is identified.
  • Violations are tied to the flag in use during a given year, with reductions applied to the following year’s aid.

• Reporting and record-keeping

  • Local governments must provide annual notification by December 31 documenting the flag used, enabling the commissioner to apply the penalty in the next aid cycle.

Practical Impact

• Financial incentive for flag compliance
  • Counties and cities have a monetary incentive to ensure their state flag usage matches the certified design.
• Clarity for local governments
  • Provides a clear administrative process: identify violation year, apply penalty to the next aid year, and require annual notification.

Implementation Considerations

• Scope and applicability
  • Applies to counties or cities receiving local government aid under the specified sections of the LGA framework.
• Interaction with other laws
  • The penalty is stated to prevail over other laws to the extent of any inconsistency, ensuring the penalty remains enforceable.

Relevant Terms - local government aid (LGA) - county - city - state flag - State Emblems Redesign Commission - certified design - design certified in the report - Laws 2023 chapter 62 article 2 section 118 - Minnesota Statutes chapter 477A - penalty - ten percent (10%) - aid payable - notification - commissioner of revenue - incorrect state flag - flag usage