Amends TCA Title 4; Title 5; Title 6; Title 7; Title 15; Title 49 and Title 58.

Present law requires the United States flag to be displayed on every public school building. This bill requires that flag and the official state flag to be displayed continuously on property owned, operated, or controlled by this state or a political subdivision of this state, including educational institutions, and on public school buildings. This bill generally prohibits a flag, other than the United States flag and the official state flag, from being displayed continuously on such property. However, flags representing a club, society, or organization may be displayed on such property only for the period of time for which the entity is meeting or performing an authorized function on the property. <br /> <br /> This bill clarifies the following with regard to the limitation on the display of flags: <br /> <br /> (1) It does not apply to a flag protected by Tennessee heritage protection laws; <br /> <br /> (2) It does not prohibit the P.O.W.-M.I.A. flag from being displayed; and <br /> <br /> (3) It does not prohibit a state agency or a public school from flying the MIA/POW flag on March 29 of each year in observance of "Vietnam Veterans Day." <br /> <br /> Present law provides that a county mayor whose courthouse is equipped with a flag pole has the right to request and be furnished with a flag of the state of Tennessee, which flag must be displayed by the county authority upon proper occasions. This bill deletes this provision and provides, instead, that a county mayor whose courthouse is equipped with a flag pole and has requested and been furnished a flag of the state of Tennessee must display the flag continuously.<br /> <br /> ON APRIL 6, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1319, AS AMENDED.<br /> <br /> AMENDMENT #1 deletes the requirement that the United States flag and the official state flag must be displayed continuously on property owned, operated, or controlled by this state or a political subdivision of this state, including educational institutions, instead providing that those are the only types of flags that may be continuously flown, subject to certain exceptions.<br /> <br /> This amendment adds to the exceptions, providing that the prohibition on continuous flag flying of other flags does not:<br /> <br /> (1) Prohibit a political subdivision, a department, agency, or entity of this state, or a postsecondary institution of higher education, from flying one or more official flags; or <br /> <br /> (2) Prohibit a private or public organization or entity from flying or displaying its official flag if the private or public organization or entity is entitled to the exclusive use or control of a portion of the public building or campus.<br /> <br /> This amendment defines "continuously" as without interruption during the normal operating hours of a public building or an educational institution to which the prohibition applies; provided, that the public entity exercising control over such public building or campus may expand their normal operating hours for purposes of flying one or more flags in accordance with the provisions of the bill.<br /> <br /> ON APRIL 12, 2023, THE SENATE SUBSTITUTED HOUSE BILL 1319 FOR SENATE BILL 918 AND RESET HOUSE BILL 1319.<br />