HF 4791

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 02:15pm

A bill for an act
relating to public authority; prohibiting bans on Gadsden flags; amending Minnesota
Statutes 2022, section 16B.24, by adding a subdivision; Minnesota Statutes 2023
Supplement, section 124E.03, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapters 10; 135A; 471.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [10.4955] DISPLAY OF GADSDEN SYMBOLS.
new text end

new text begin (a) For purposes of this section, "Gadsden symbol" means a representation of a coiled
snake on a yellow background, the phrase "DON'T TREAD ON ME," or a combination of
the two.
new text end

new text begin (b) A state agency or department, or any branch or unit of state government, must not
remove or ban the display of Gadsden banners, Gadsden flags, posters bearing Gadsden
symbols, or any other visual display of Gadsden symbols on property owned by the state.
This section does not apply to public meeting rooms or public spaces in which a generally
applicable law, rule, or policy prohibits the display of any banner, flag, poster, or other
visual display, regardless of its content or form.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2022, section 16B.24, is amended by adding a subdivision to
read:

new text begin Subd. 14. new text end

new text begin Display of Gadsden symbols. new text end

new text begin The commissioner's standards and policies for
the maintenance and use of space, including standards and policies established under section
15B.15 related to the appearance and cleanliness of the public and ceremonial areas of the
State Capitol building, must comply with section 10.4955.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 124E.03, subdivision 2, is amended
to read:

Subd. 2.

Certain federal, state, and local requirements.

(a) A charter school shall
meet all federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing standards
and assessments in chapter 120B.

(c) A charter school must comply with the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(d) A charter school is a district for the purposes of tort liability under chapter 466.

(e) A charter school must comply with the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(f) A charter school and charter school board of directors must comply with chapter 181
governing requirements for employment.

(g) A charter school must comply with continuing truant notification under section
260A.03.

(h) A charter school must develop and implement a teacher evaluation and peer review
process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place
students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d).
The teacher evaluation process in this paragraph does not create any additional employment
rights for teachers.

(i) A charter school must adopt a policy, plan, budget, and process, consistent with
section 120B.11, to review curriculum, instruction, and student achievement and strive for
the world's best workforce.

(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act,
sections 121A.40 to 121A.56 and 121A.575.

new text begin (k) A charter school must comply with the prohibition on removing or banning Gadsden
flags under section 471.3435 as though it were a school district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

new text begin [135A.1925] DISPLAY OF GADSDEN FLAGS OR SYMBOLS.
new text end

new text begin (a) For purposes of this section, "Gadsden symbol" means a representation of a coiled
snake on a yellow background, the phrase "DON'T TREAD ON ME," or a combination of
the two.
new text end

new text begin (b) The Board of Trustees of the Minnesota State Colleges and Universities and the
Board of Regents of the University of Minnesota must not remove or ban, or authorize an
individual campus to remove or ban, the display of Gadsden banners, Gadsden flags, posters
bearing Gadsden symbols, or any other visual display of Gadsden symbols on property
owned by the applicable board. A private postsecondary institution that is an eligible
institution as defined in section 136A.155 must adopt a policy that meets the requirements
of this section.
new text end

new text begin (c) This section does not apply to public meeting rooms or public spaces in which a
generally applicable law, rule, or policy prohibits the display of any banner, flag, poster, or
other visual display, regardless of its content or form.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

new text begin [471.3435] DISPLAY OF GADSDEN FLAGS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Municipality" means a town, home rule charter or statutory city, county, school
district, or any political subdivision of the state.
new text end

new text begin (c) "Gadsden symbol" means a representation of a coiled snake on a yellow background,
the phrase "DON'T TREAD ON ME," or a combination of the two.
new text end

new text begin Subd. 2. new text end

new text begin Ban prohibited. new text end

new text begin A municipality must not remove or ban Gadsden banners,
Gadsden flags, posters bearing Gadsden symbols, or any other visual display of Gadsden
symbols from municipal property. This section does not apply to public meeting rooms or
public spaces in which a generally applicable law, rule, or policy prohibits the display of
any banner, flag, poster, or other visual display, regardless of its content or form.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end