Amendments	Fiscal Memos
SA0560	Amendment 1-0 to SB1722
SA0562	Amendment 2-0 to SB1722

	Amendments	Fiscal Memos
HA0544	Amendment 1-1 to HB1605
HA0563	Amendment 2- to HB1605
HA0570	Amendment 3- to HB1605
HA0571	Amendment 4- to HB1605

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

ON FEBRUARY 26, 2024, THE HOUSE ADOPTED AMENDMENTS #1 AND #2 AND PASSED HOUSE BILL 1605, AS AMENDED,

AMENDMENT #2 rewrites this bill and AMENDMENT #1 to make the following changes regarding flags displayed in an LEA or public charter school:

(1) Prohibits an LEA or public charter school from displaying, or permitting any of its employees or agents to display, a flag other than the following on or in a public school: (i) the U.S. flag; (ii) the official Tennessee state flag; (iii) a flag that cannot be disturbed or altered pursuant to the law relevant to Tennessee heritage protection; (iv) the POW/MIA flag; (v) a flag that represents an Indian tribe, as defined in federal law; (vi) a flag that represents a city, county, metropolitan government, or other political subdivision of this state; (vii) a flag that represents any unit, branch, or other division of the armed forces; (viii) the current, official flag of a country or political subdivision of that country; (ix) a flag that represents a college or university; (x) a flag that is displayed temporarily as part of a bona fide course curriculum; (xi) an official school flag; or (xii) the flag of an organization duly authorized to use a public school building. However, the flag of an organization duly authorized to use a public school building may only be displayed at the time and place that the organization is authorized to use school property;

(2) Applies the provisions of the bill only to the extent permitted by the Constitution of Tennessee and the First Amendment to the United States Constitution;

(3) Provides that a parent or guardian of a student who is enrolled in and attends, or of a child who is eligible to enroll in and attend, a school operated by an LEA or public charter school, has standing to file a civil action against the LEA or public charter school in a chancery court to enforce this amendment. However, prior to filing an action, the parent or guardian must first provide written notice of the alleged violation of this amendment to the LEA or public charter school and allow the LEA or public charter school 10 days to remedy a violation.

ON APRIL 23, 2024, THE SENATE SUBSTITUTED HOUSE BILL 1605 FOR SENATE BILL 1722 AND ADOPTED AMENDMENTS #1 AND #2. HOUSE BILL 1605, AS AMENDED, FAILED TO RECEIVE A CONSTITUTIONAL MAJORITY AND WAS REFERRED TO THE CALENDAR COMMITTEE.

AMENDMENT #1 rewrites the bill to provide the following:

(1) Prohibits an LEA or public charter school from displaying, nor permitting any of its employees or agents to display, a flag on or in a public school other than (i) the United States flag; (ii) the official Tennessee state flag; (iii) a flag that cannot be disturbed or altered pursuant to Tennessee heritage protection law; (iv) the POW/MIA flag; (v) a flag that represents an Indian tribe; (vi) a flag that represents a city, county, metropolitan government, or other political subdivision of this state; (vii) a flag that represents any unit, branch, or other division of the armed forces, including an ROTC program; (viii) a flag that represents a country or political subdivision thereof; (ix) a flag that represents a college or university; (x) a flag that is displayed temporarily as part of a bona fide course curriculum; (xi) an official school flag; or (xii) the flag of an organization duly authorized to use a public school building if the flag is only displayed at the time and place that the organization is authorized to use school property;

(2) Clarifies that this bill applies, and must be construed by any court to apply, only to the extent permitted by the freedom of speech and press protections in the Constitution of Tennessee and the First Amendment to the U.S. Constitution;

(3) Clarifies that if any provision in this bill is held to violate such constitutional provisions described in (2) above, then the other provisions of this bill are severable and are not affected by such determination;

(4) Provides that a student, a student's parent or guardian, or a school employee has standing to file a civil action against the LEA or public charter school in which the student is enrolled, or the school employee is employed, in a chancery court of competent jurisdiction if the LEA or public charter school fails to comply with this bill. However, prior to filing such an action, the student, parent or guardian, or school employee must first provide written notice of the LEA's or public charter school's alleged violation of this bill to the LEA or public charter school and allow the LEA or public charter school 10 days to remedy the violation; and

(5) Requires the commissioner of education to provide direction through administrative and supervisory activities designed to build and maintain an effective organization by prescribing rules regarding the display of flags on public school buildings in accordance with this bill.

AMENDMENT #2 rewrites the bill to prohibit an LEA or public charter school from displaying any flag other than the United States flag and the official Tennessee state flag on or in a public school.