1.1.................... moves to amend H.F. No. 5299, the first engrossment, as follows:
1.2Page 1, after line 8, insert:
1.3 "Section 1.
[135A.154] INTELLECTUAL FREEDOM PROTECTION ACT.
1.4(a) For purposes of this section, "public postsecondary institution" or "institution"
means
1.5an institution governed by the Board of Trustees of the Minnesota State Colleges and
1.6Universities. The Board of Regents is requested to adopt a policy in compliance with
this
1.7section.
1.8(b) No public postsecondary institution shall condition admission or benefits to an
1.9applicant for admission, or hiring, reappointment, or promotion to a faculty member,
on the
1.10applicant's or faculty member's pledging allegiance to or making a statement of personal
1.11support for or opposition to any political ideology or movement, including a pledge
or
1.12statement regarding diversity, equity, inclusion, patriotism, or related topics, nor
shall any
1.13institution request or require any such pledge or statement from an applicant or faculty
1.14member.
1.15(c) If a public postsecondary institution receives a pledge or statement describing
a
1.16commitment to any particular political ideology or movement, including a pledge or
statement
1.17regarding diversity, equity, inclusion, patriotism, or related topics, it may not
grant or deny
1.18admission or benefits to a student, or hiring, reappointment, or promotion to a faculty
1.19member, on the basis of the viewpoints expressed in the pledge or statement.
1.20(d) Nothing in this section:
1.21(1) prohibits an institution from requiring a student, professor, or employee to comply
1.22with federal or state law, including antidiscrimination laws, or from taking action
against
1.23a student, professor, or employee for violations of federal or state law;
2.1(2) shall be construed to limit or restrict the academic freedom of faculty or to
prevent
2.2faculty members from teaching, researching, or writing publications about diversity,
equity,
2.3inclusion, patriotism, or other topics; or
2.4(3) prohibits an institution from considering, in good faith, a candidate's scholarship,
2.5teaching, or subject-matter expertise in their given academic field.
2.6(e) Each public postsecondary institution in the state shall post and make publicly
2.7available all training materials used for students, faculty, and staff, on all matters
of
2.8nondiscrimination, diversity, equity, inclusion, race, ethnicity, sex, or bias, and
all of its
2.9policies and guidance on these issues, on its website.
2.10(f) An individual whose rights were violated through a violation of this section may
2.11bring an action against a public postsecondary institution, and its agents acting
within their
2.12official capacities, in a state or federal court of competent jurisdiction to receive
declaratory
2.13relief or enjoin a violation of this section. If a court finds a violation of this
section, the
2.14court shall provide a prevailing plaintiff appropriate equitable remedies, and award
damages,
2.15reasonable court costs, and attorney's fees. An action under this paragraph must be
brought
2.16within one year of the latest date the violation is alleged to have occurred.
2.17(g) The attorney general may file suit to enjoin a policy or practice prohibited by
2.18paragraph (a) or (b). In addition to equitable relief authorized by this paragraph,
the court
2.19may impose a civil penalty of $100,000 against the public postsecondary institution
for each
2.20violation of this section.
2.21(h) If an institution, or any of its employees acting in their official capacities,
are found
2.22by a court or the institution to have violated this section, the institution may take
disciplinary
2.23action against the responsible employees in accordance with the institution's policies
and
2.24procedures."
2.25Renumber the sections in sequence and correct the internal references
2.26Amend the title accordingly