SF5233

Purpose

This bill creates a financial penalty for counties or cities that display a state flag other than the official design. The penalty reduces the local government aid they receive from the state. The official flag design is the one certified by the State Emblems Redesign Commission in its report, as established by a 2023 law. The idea is to encourage compliance with the certified state flag design.

Main Provisions

• Penalty amount and target: The Commissioner of Revenue must reduce the local government aid to a county or city by 10 percent if that county or city flies or uses a state flag other than the official design certified in the State Emblems Redesign Commission’s report.
• Source of authority: The reduction is applied to aid under Minnesota Statutes, chapter 477A (local government aid).
• Timing of the penalty: The aid reduction applies to aid payable in the year after the year in which the incorrect flag was used.
• Certification reference: The “incorrect state flag” is the flag design that is not the design certified in the State Emblems Redesign Commission’s report.
• Notwithstanding clause: The provision uses the phrase “Notwithstanding any other law to the contrary,” giving it priority over conflicting laws.
• Notification requirement: On December 31 of each year, the governing body of any county or city that is subject to the penalty must notify the Commissioner of Revenue about the county’s or city’s use of the incorrect flag.

Significant Changes

• Establishes a new financial penalty tied to flag usage for counties and cities, linking state symbolism to local funding.
• Introduces an annual notification requirement to identify flag usage.
• Incorporates the official flag design certified by the State Emblems Redesign Commission (as per Laws 2023, ch. 62, art. 2, sec. 118) into local government funding rules.
• Uses a broad “Notwithstanding” clause to ensure the penalty applies even if other laws might suggest otherwise.

How this changes current law

• Adds a new subsection to Local Government Aid provisions that deducts 10% of aid for misuse of the state flag.
• Creates an enforcement mechanism administered by the Department of Revenue and ties annual flag usage reporting to funding decisions.

Relevant Terms - Local Government Aid (LGA) - Counties and cities - Minnesota Statutes chapter 477A - State flag - Official state flag design - State Emblems Redesign Commission - Report of the State Emblems Redesign Commission - Laws 2023 chapter 62 article 2 section 118 - Notwithstanding any other law to the contrary - Penalty (10 percent reduction) - Aid payable year - Commissioner of Revenue - Notification requirement - Incorrect state flag