SF 1048
CCR--SF1048A - 85th Legislature (2007 - 2008)
Posted on 01/15/2013 08:28 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 1048
1.2A bill for an act
1.3relating to state government; changing the state Indian Affairs Council;amending
1.4Minnesota Statutes 2006, section 3.922.
1.5May 18, 2007
1.6The Honorable James P. Metzen
1.7President of the Senate
1.8The Honorable Margaret Anderson Kelliher
1.9Speaker of the House of Representatives
1.10We, the undersigned conferees for S.F. No. 1048 report that we have agreed upon
1.11the items in dispute and recommend as follows:
1.12That the House recede from its amendments and that S.F. No. 1048 be further
1.13amended as follows:
1.14Delete everything after the enacting clause and insert:
1.15 "Section 1. Minnesota Statutes 2006, section 3.922, is amended to read:
1.163.922 INDIAN AFFAIRS COUNCIL.
1.17 Subdivision 1. Creation, membership. The state Indian Affairs Council is created
1.18to consist of the following ex officio members:
1.19 the governor or a member of the governor's official staff designated by the governor,
1.20 the commissioner of education,
1.21 the commissioner of human services,
1.22 the commissioner of natural resources,
1.23 the commissioner of human rights,
1.24 the commissioner of employment and economic development,
1.25 the commissioner of corrections,
1.26 the commissioner of the Minnesota Housing Finance Agency,
1.27 the commissioner of Iron Range resources and rehabilitation,
1.28 the commissioner of health,
2.1 the commissioner of transportation,
2.2 the commissioner of administration,
2.3each of whom may designate a staff member to serve instead, and
2.4 three members of the house of representatives appointed by the speaker, and three
2.5members of the senate appointed by its Subcommittee on Committees.
2.6Voting members of the council are the elected tribal chair of:
2.7 new text begin (1) one member of each of the following federally recognized tribes, designated by new text end
2.8new text begin the elected tribal president or chairperson of the governing bodies of: new text end the Fond du Lac
2.9Reservation Business Committeenew text begin Bandnew text end ;
2.10 the Grand Portage Reservation Business Committeenew text begin Bandnew text end ;
2.11 the Mille Lacs Reservation Business Committeenew text begin Bandnew text end ;
2.12 the White Earth Reservation Business Committeenew text begin Bandnew text end ;
2.13 the Bois Forte (Nett Lake) Reservation Business Committeenew text begin Bandnew text end ;
2.14 the Leech Lake Reservation Business Committeenew text begin Bandnew text end ;
2.15 the Red Lake Tribal Councilnew text begin Nationnew text end ;
2.16 the Upper Sioux board of trusteesnew text begin Communitynew text end ;
2.17 the Lower Sioux Tribal Councilnew text begin Communitynew text end ;
2.18 the Shakopee-Mdewankanton General Councilnew text begin Sioux Communitynew text end ;
2.19 the Prairie Island Tribal Councilnew text begin Mdewakanton Dakota Communitynew text end ; and
2.20 two members to be selected under subdivision 2.
2.21 new text begin (2) a member of the governor's official staff designated by the governor; new text end
2.22 new text begin the commissioner of education; new text end
2.23 new text begin the commissioner of human services; new text end
2.24 new text begin the commissioner of natural resources; new text end
2.25 new text begin the commissioner of human rights;new text end
2.26 new text begin the commissioner of employment and economic development;new text end
2.27 new text begin the commissioner of corrections;new text end
2.28 new text begin the commissioner of the Minnesota Housing Finance Agency; new text end
2.29 new text begin the commissioner of Iron Range resources and rehabilitation; new text end
2.30 new text begin the commissioner of health;new text end
2.31 new text begin the commissioner of transportation;new text end
2.32 new text begin the commissioner of veterans affairs;new text end
2.33 new text begin the commissioner of administration;new text end
2.34 new text begin Each of the commissioners listed in this clause may designate a staff member to new text end
2.35new text begin serve on the council instead of the commissioner;new text end
2.36 new text begin (3) two members of the house of representatives, appointed by the speaker; andnew text end
3.1 new text begin (4) two members of the senate, appointed by its Subcommittee on Committees.new text end
3.2The chairs of the Indian committees, trusts, or councils may designate in writing a member
3.3who has been elected at large to an office in the committee, trust, or council, to serve
3.4instead. Members appointed to represent the house of representatives,new text begin ornew text end the senate or
3.5tribal governments shall no longer serve on the council when they are no longer members
3.6of the bodies which they represent and their offices shall be vacant. A member who is a
3.7designee of a tribal chair new text begin president or chairperson new text end shall cease to be a member at the end of
3.8the term of the designating tribal chairnew text begin president or chairpersonnew text end . Ex officio members or
3.9their designees on new text begin Only members of new text end the council new text begin designated under clause (1)new text end shall not vote.
3.10 Subd. 2. Additional members. Two members of the council shall be elected at
3.11large by Indian residents of Minnesota who are legal members and eligible voters of a
3.12federally recognized tribe in accordance with the criteria of the tribe and are not members
3.13of any federally recognized tribe with a reservation in Minnesota. The election shall be
3.14in a manner prescribed by the secretary of state. The manner of election, certification,
3.15and contest shall, as far as reasonably possible, be consistent with procedures employed
3.16in general elections in the state to ensure a fair election and ready access to the election
3.17process by eligible voters. The voting procedure shall include voting by absentee ballot. A
3.18person is eligible to serve as an at-large member of the council if at the time of the election
3.19the person is a qualified voter within the requirements of the Minnesota Constitution,
3.20article VII and a member of a federally recognized tribe that does not have a reservation in
3.21Minnesota. The election shall be certified and regulated by the secretary of state. Elections
3.22shall be held by April 14, 1981, and by every fourth April 14 thereafter. The term of office
3.23for at-large members is four years commencing on the April 20 following the election and
3.24ending at 12:01 a.m., April 20 four years later.
3.25 Subd. 3. Compensation; expenses. Compensation of nonlegislator members
3.26new text begin appointed under subdivision 1, clause (1),new text end is as provided in section 15.059, but,new text begin 15.0575.new text end
3.27Because the council performs functions that are not purely advisory, the expiration dates
3.28provided in that section new text begin 15.059 new text end do not apply. Expenses of the council must be approved
3.29by two of any three members of the council designated by the council and then be paid
3.30in the same manner as other state expenses. The executive secretarynew text begin chair new text end shall inform
3.31the commissioner of finance in writing of the names of the persons authorized to approve
3.32expenses.
3.33 Subd. 4. Meetings. Meetings may be called by the chair or at the written request of
3.34five members of the council. A majority of the voting members of the council is a quorum.
4.1 Subd. 5. Officers; personnel; authority. The council shall annually elect a chair
4.2and other officers as it may deem necessary. The chair may appoint subcommittees
4.3necessary to fulfill the duties of the council. It shall also employ and prescribe the duties
4.4of employees and agents as it deems necessarynew text begin at the direction of elected tribal leadersnew text end .
4.5The compensation of the executive director of the boardnew text begin councilnew text end is as provided by section
4.643A.18
. All employees are in the unclassified service. The chair is an ex officio member
4.7of the State Board of Human Rights. Appropriations and other funds of the council are
4.8subject to chapter 16C. The council may contract in its own name. Contracts must be
4.9approved by a majority of the members of the council new text begin with the approval of elected tribal new text end
4.10new text begin leaders new text end and executed by the chair and the executive director. The council may apply
4.11for, receive, and spend in its own name, grants and gifts of money consistent with the
4.12powers and duties specified in this section. The council shall maintain its primary office in
4.13Bemidji. It shall also maintain personnel and office space in St. Paul.
4.14 Subd. 6. Duties. The primary duties of the council are to:
4.15 (1) clarify for the legislature and state agencies the nature of tribal governments and
4.16the relationship of tribal governments to the Indian people of Minnesota;
4.17 (2) assist the secretary of state in establishing an election of at-large members of
4.18the council;
4.19 (3)new text begin (1) analyze andnew text end make recommendations to new text begin tribal elected leaders and to new text end members
4.20of the legislature new text begin and the governor new text end on desired and needed legislation to benefit the
4.21statewide Indian community and communicate to the members of the legislature when
4.22legislation has or will have an adverse effect on the statewide Indian community;
4.23 (4) provide, through the elected apparatus of the council, an effective conduit to the
4.24legislature for new text begin and information on new text end programs, proposals, and projects submitted by new text begin of new text end
4.25new text begin importance to new text end tribal governments, organizations, committees, groups, or individualsnew text begin and new text end
4.26new text begin nontribal Indian organizationsnew text end ;
4.27 (5) provide a continuing dialogue with members of the tribal governments to improve
4.28their knowledge of the legislative process, state agencies, and governmental due process;
4.29 (6)new text begin (2)new text end assist in establishing Indian advisory councils in cooperation with state
4.30agencies that deliver services to the Indian communitynew text begin federally recognized tribes in new text end
4.31new text begin Minnesota and the urban Indian communitiesnew text end ;
4.32 (7)new text begin (3)new text end assist state agencies in defining what groups, organizations, committees,
4.33councils, or individuals are eligible for delivery of their respective services;
4.34 (8)new text begin (4)new text end assist in providing new text begin ensuring the provision of new text end resources, tribal and other, in
4.35the delivery of services to the statewide Indian communitynew text begin federally recognized tribes in new text end
4.36new text begin Minnesota and the urban Indian communitiesnew text end ;
5.1 (9) act as a liaison between local, state, and national units of government innew text begin (5) new text end
5.2new text begin recommend to tribal governments and the state government the means to enhancenew text end the
5.3delivery of services to the Indian population of new text begin members of federally recognized tribes in new text end
5.4Minnesotanew text begin by local, state, and national units of governmentnew text end ;
5.5 (10)new text begin (6)new text end assist state agencies in implementing and updating studies of services
5.6delivered to the Indian communitynew text begin federally recognized tribes in Minnesota and urban new text end
5.7new text begin Indian communitiesnew text end ;
5.8 (11)new text begin (7)new text end provide, for the benefit of all levels of state government, a continuing liaison
5.9between new text begin state new text end governmental bodies and elected tribal governments and officialsnew text begin leadersnew text end ;
5.10 (12)new text begin (8)new text end interact with private organizations involved with Indian concerns to new text begin people new text end
5.11new text begin that new text end develop and implement programs to assist Indian people, as theynew text begin when such programs new text end
5.12new text begin maynew text end affect state agencies and departments;
5.13 (13) act as an intermediary, when requested and if necessary, between Indian interests
5.14and state agencies and departments when questions, problems, or conflicts exist or arise;
5.15 (14) provide information for and direction to a program to assist Indian citizens to
5.16assume all the rights, privileges, and duties of citizenship, and to coordinate and cooperate
5.17with local, state, and national private agencies providing services to the Indian people;
5.18 (15)new text begin (9)new text end develop educational programs, community organization programs,
5.19leadership development programs, motivational programs, and business development
5.20programs for Indian persons who have been, are, or willnew text begin maynew text end be subject to prejudice
5.21and discrimination;
5.22 (16) cooperate and consult with appropriate commissioners and agencies to develop
5.23plans and programs to most effectively serve the needs of Indians; and
5.24 (17)new text begin (10)new text end review data provided by the commissioner of human services under section
5.25260C.215, subdivision 5
, and present recommendations new text begin to elected tribal leaders new text end on the
5.26out-of-home placement of Indian children. Recommendations must be presented to the
5.27commissioner and the legislature by February 1, 1990; November 1, 1990; and November
5.281 of each year thereafter.new text begin ; andnew text end
5.29 new text begin (11) prepare a proposed agenda for the annual summit of elected tribal leaders, new text end
5.30new text begin legislative leaders and the governor.new text end
5.31 Subd. 7. State officials and departments; cooperation. In carrying out these
5.32objectives and to ascertain Indiannew text begin thenew text end needsnew text begin of members of federally recognized tribes new text end
5.33new text begin in Minnesota and urban Indian community membersnew text end , the council shall have the right to
5.34confer with state officials and other governmental units and have access to records as
5.35necessary to obtain needed information. The council also shall have the right to call upon
5.36various state departments for technical advice and service as needed to fulfill its purposes.
6.1 Subd. 8. Advisory councilnew text begin boardnew text end . An advisory councilnew text begin boardnew text end on urban Indians
6.2shall advise the boardnew text begin councilnew text end on the unique problems and concerns of Minnesota Indians
6.3who reside in urban areas of the state. The council new text begin board new text end must be appointed by the boardnew text begin new text end
6.4new text begin councilnew text end new text begin at the direction of the elected tribal leadershipnew text end and consist of six Indians residing
6.5in the vicinity of Minneapolis, St. Paul, Bemidji, and Duluth. At least one member of
6.6the councilnew text begin boardnew text end must be a resident of each city. The terms, compensation, and removal
6.7of members are as provided in section
15.059, but the expiration dates provided in that
6.8section do not apply.
6.9 Subd. 10. Rulemaking. Notwithstanding other law, the council does not have
6.10authority to adopt, amend, or repeal rules or to adjudicate contested cases or appeals. Rules
6.11adopted before July 1, 2001, may continue in effect until amended or repealed by law."
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Tony Lourey, Patricia Torres Ray, Steve DilleHouse Conferees: (Signed) Bill Hilty, Kent Eken, Larry Howes
7.1
We request the adoption of this report and repassage of the bill.
7.2
Senate Conferees:
(Signed)
7.3
7.4
Tony Lourey
Patricia Torres Ray
7.5
7.6
Steve Dille
7.7
House Conferees:
(Signed)
7.8
7.9
Bill Hilty
Kent Eken
7.10
7.11
Larry Howes