Text of MN HF 4273 (2024)

1.1 A bill for an act​ 1.2 relating to public authority; prohibiting bans on rainbow flags; amending Minnesota​ 1.3 Statutes 2022, section 16B.24, by adding a subdivision; Minnesota Statutes 2023​ 1.4 Supplement, section 124E.03, subdivision 2; proposing coding for new law in​ 1.5 Minnesota Statutes, chapters 10; 135A; 471.​ 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.7 Section 1. [10.495] DISPLAY OF RAINBOWS.​ 1.8 (a) For purposes of this section, "rainbow" means a representational array of colors​ 1.9 mimicking the color spectrum created by the refraction of the sun's light and water droplets​ 1.10 in the air.​ 1.11 (b) A state agency or department, or any branch or unit of state government, must not​ 1.12 remove or ban the display of rainbow banners, rainbow flags, rainbow posters, or any visual​ 1.13 display of rainbows on property owned by the state. This section does not apply to public​ 1.14 meeting rooms or public spaces in which a generally applicable law, rule, or policy prohibits​ 1.15 the display of any banner, flag, poster, or other visual display, regardless of its content or​ 1.16 form.​ 1.17 EFFECTIVE DATE. This section is effective the day following final enactment.​ 1.18 Sec. 2. Minnesota Statutes 2022, section 16B.24, is amended by adding a subdivision to​ 1.19 read:​ 1.20 Subd. 14. Display of rainbows. The commissioner's standards and policies for the​ 1.21 maintenance and use of space, including standards and policies established under section​ 1​ Sec. 2.​ REVISOR SGS/AD 24-06623​ 02/20/24 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 4273​ NINETY-THIRD SESSION​ Authored by Finke, Kozlowski and Curran​ 02/26/2024​ The bill was read for the first time and referred to the Committee on State and Local Government Finance and Policy​ 2.1 15B.15 related to the appearance and cleanliness of the public and ceremonial areas of the​ 2.2 State Capitol building, must comply with section 10.495.​ 2.3 EFFECTIVE DATE. This section is effective the day following final enactment.​ 2.4 Sec. 3. Minnesota Statutes 2023 Supplement, section 124E.03, subdivision 2, is amended​ 2.5 to read:​ 2.6 Subd. 2. Certain federal, state, and local requirements. (a) A charter school shall​ 2.7 meet all federal, state, and local health and safety requirements applicable to school districts.​ 2.8 (b) A school must comply with statewide accountability requirements governing standards​ 2.9 and assessments in chapter 120B.​ 2.10 (c) A charter school must comply with the Minnesota Public School Fee Law, sections​ 2.11 123B.34 to 123B.39.​ 2.12 (d) A charter school is a district for the purposes of tort liability under chapter 466.​ 2.13 (e) A charter school must comply with the Pledge of Allegiance requirement under​ 2.14 section 121A.11, subdivision 3.​ 2.15 (f) A charter school and charter school board of directors must comply with chapter 181​ 2.16 governing requirements for employment.​ 2.17 (g) A charter school must comply with continuing truant notification under section​ 2.18 260A.03.​ 2.19 (h) A charter school must develop and implement a teacher evaluation and peer review​ 2.20 process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place​ 2.21 students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d).​ 2.22 The teacher evaluation process in this paragraph does not create any additional employment​ 2.23 rights for teachers.​ 2.24 (i) A charter school must adopt a policy, plan, budget, and process, consistent with​ 2.25 section 120B.11, to review curriculum, instruction, and student achievement and strive for​ 2.26 the world's best workforce.​ 2.27 (j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act,​ 2.28 sections 121A.40 to 121A.56 and 121A.575.​ 2.29 (k) A charter school must comply with the prohibition on removing or banning rainbow​ 2.30 flags under section 471.343 as though it were a district.​ 2.31 EFFECTIVE DATE. This section is effective the day following final enactment.​ 2​ Sec. 3.​ REVISOR SGS/AD 24-06623​ 02/20/24 ​ 3.1 Sec. 4. [135A.192] DISPLAY OF RAINBOWS.​ 3.2 (a) For purposes of this section, "rainbow" means a representational array of colors​ 3.3 mimicking the color spectrum created by the refraction of the sun's light and water droplets​ 3.4 in the air.​ 3.5 (b) The Board of Trustees of the Minnesota State Colleges and Universities, and the​ 3.6 Board of Regents of the University of Minnesota, must not remove or ban, or authorize an​ 3.7 individual campus to remove or ban, the display of rainbow banners, rainbow flags, rainbow​ 3.8 posters, or any visual display of rainbows on property owned by the applicable board. A​ 3.9 private postsecondary institution that is an eligible institution as defined in section 136A.155​ 3.10 must adopt a policy that meets the requirements of this section.​ 3.11 (c) This section does not apply to public meeting rooms or public spaces in which a​ 3.12 generally applicable law, rule, or policy prohibits the display of any banner, flag, poster, or​ 3.13 other visual display, regardless of its content or form.​ 3.14 EFFECTIVE DATE. This section is effective the day following final enactment.​ 3.15 Sec. 5. [471.343] DISPLAY OF RAINBOWS.​ 3.16 Subdivision 1. Definitions. (a) For this purposes of this section, the following terms​ 3.17 have the meanings given.​ 3.18 (b) "Municipality" means a town, home rule charter or statutory city, county, school​ 3.19 district, or any political subdivision of the state.​ 3.20 (c) "Rainbow" means a representational array of colors mimicking the color spectrum​ 3.21 created by the refraction of the sun's light and water droplets in the air.​ 3.22 Subd. 2. Ban prohibited. A municipality must not remove or ban rainbow banners,​ 3.23 rainbow flags, rainbow posters, or any visual display of rainbows from municipal property.​ 3.24 This section does not apply to public meeting rooms or public spaces in which a generally​ 3.25 applicable law, rule, or policy prohibits the display of any banner, flag, poster, or other​ 3.26 visual display, regardless of its content or form.​ 3.27 EFFECTIVE DATE. This section is effective the day following final enactment.​ 3​ Sec. 5.​ REVISOR SGS/AD 24-06623​ 02/20/24 ​