1.1 	A bill for an act
1.2 	relating to state government; transferring certain state councils to the Minnesota 
1.3 	Department of Human Rights; creating an American Indian Liaison Office 
1.4 	in Minnesota Management and Budget;amending Minnesota Statutes 2012, 
1.5 	sections 3.9223, subdivision 5; 3.9225, subdivision 5; 3.9226, subdivision 5; 
1.6 	307.08, as amended; 363A.06, by adding a subdivision; repealing Minnesota 
1.7 	Statutes 2012, section 3.922, subdivisions 1, 3, 4, 5, 6, 7, 8, 10, 11.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2012, section 3.9223, subdivision 5, is amended to read:
1.10 		Subd. 5.Powers. The council may contract in its own name. Contracts must be 
1.11 	approved by a majority of the members of the council and executed by the chair and the 
1.12 	executive director. The council may apply for, receive, and expend in its own name grants 
1.13 	and gifts of money consistent with the power and duties specified in this section.
1.14 	The council shall appoint an executive director who is experienced in administrative 
1.15 	activities and familiar with the problems and needs of Chicano/Latino people. The council 
1.16 	may delegate to the executive director powers and duties under this section that do not 
1.17 	require council approval. The executive director and council staff serve in the unclassified 
1.18 	service. The executive director may be removed at any time by a majority vote of the 
1.19 	entire council. The executive director shall recommend to the council the appropriate 
1.20 	staffing necessary to carry out its duties. The commissioner of administration shall provide 
1.21 	the council with necessary administrative services. The commissioner of human rights 
1.22 	shall also prescribe the duties of the executive director and have oversight of work plans 
1.23 	and performance measures that meet outcomes for transparency and accountability.

1.24 	Sec. 2. Minnesota Statutes 2012, section 3.9225, subdivision 5, is amended to read:
2.1 		Subd. 5.Powers. (a) The council may contract in its own name, but no money shall 
2.2 	be accepted or received as a loan nor indebtedness incurred except as otherwise provided 
2.3 	by law. Contracts shall be approved by a majority of the members of the council and 
2.4 	executed by the chair and the executive director. The council may apply for, receive, and 
2.5 	expend in its own name grants and gifts of money consistent with the power and duties 
2.6 	specified in subdivisions 1 to 7.
2.7 	(b) The council may solicit and accept payments for advertising, use of exhibition 
2.8 	space, or commemorative videos or other items in connection with publications, events, 
2.9 	media productions, and informational programs that are sponsored by the council. These 
2.10 	revenues must be deposited in an account in the special revenue fund and are appropriated 
2.11 	to the council Minnesota Department of Human Rights to defray costs of publications, 
2.12 	events, media productions, or informational programs consistent with the powers and 
2.13 	duties specified in subdivisions 1 to 7. The council may not publish advertising or provide 
2.14 	exhibition space for any elected official or candidate for elective office. The council must 
2.15 	report by January 15 each year to the chairs and ranking minority members of the house 
2.16 	of representatives and senate funding divisions with jurisdiction over the council on the 
2.17 	amount and source of each payment received under this paragraph in the prior fiscal year.
2.18 	(c) The council shall appoint an executive director who is experienced in 
2.19 	administrative activities and familiar with the problems and needs of Black people. The 
2.20 	council may delegate to the executive director powers and duties under subdivisions 1 
2.21 	to 7 which do not require council approval. The commissioner of human rights shall 
2.22 	also prescribe the duties of the executive director and have oversight of work plans and 
2.23 	performance measures that meet outcomes for transparency and accountability. The 
2.24 	executive director serves in the unclassified service and may be removed at any time by 
2.25 	the council. The executive director shall recommend to the council, and the council may 
2.26 	appoint the appropriate staff necessary to carry out its duties. Staff members serve in the 
2.27 	unclassified service. The commissioner of administration shall provide the council with 
2.28 	necessary administrative services.

2.29 	Sec. 3. Minnesota Statutes 2012, section 3.9226, subdivision 5, is amended to read:
2.30 		Subd. 5.Powers. (a) The council may contract in its own name but may not accept 
2.31 	or receive a loan or incur indebtedness except as otherwise provided by law. Contracts 
2.32 	must be approved by a majority of the members of the council and executed by the chair 
2.33 	and the executive director. The council may apply for, receive, and expend in its own name 
2.34 	grants and gifts of money consistent with the powers and duties specified in this section.
3.1 	(b) The council shall appoint an executive director who is experienced in 
3.2 	administrative activities and familiar with the problems and needs of Asian-Pacific people. 
3.3 	The council may delegate to the executive director powers and duties under this section that 
3.4 	do not require council approval. The commissioner of human rights shall also prescribe 
3.5 	the duties of the executive director and have oversight of work plans and performance 
3.6 	measures that meet outcomes for transparency and accountability. The executive director 
3.7 	serves in the unclassified service and may be removed at any time by the council. The 
3.8 	executive director shall appoint the appropriate staff necessary to carry out the duties of 
3.9 	the council. All staff members serve in the unclassified service. The commissioner of 
3.10 	administration shall provide the council with necessary administrative services.

3.11 	Sec. 4. Minnesota Statutes 2012, section 307.08, as amended by Laws 2013, chapter 
3.12 	142, article 3, section 36, is amended to read:
3.13 	307.08 DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS; 
3.14 	BURIALS; CEMETERIES; PENALTY; AUTHENTICATION.
3.15 		Subdivision 1.Legislative intent; scope. It is a declaration and statement of 
3.16 	legislative intent that all human burials, human remains, and human burial grounds shall 
3.17 	be accorded equal treatment and respect for human dignity without reference to their 
3.18 	ethnic origins, cultural backgrounds, or religious affiliations. The provisions of this 
3.19 	section shall apply to all human burials, human remains, or human burial grounds found 
3.20 	on or in all public or private lands or waters in Minnesota.
3.21 		Subd. 2.Felony; gross misdemeanor. (a) A person who intentionally, willfully, 
3.22 	and knowingly does any of the following is guilty of a felony:
3.23 	(1) destroys, mutilates, or injures human burials or human burial grounds; or
3.24 	(2) without the consent of the appropriate authority, disturbs human burial grounds 
3.25 	or removes human remains.
3.26 	(b) A person who, without the consent of the appropriate authority and the 
3.27 	landowner, intentionally, willfully, and knowingly does any of the following is guilty 
3.28 	of a gross misdemeanor:
3.29 	(1) removes any tombstone, monument, or structure placed in any public or private 
3.30 	cemetery or authenticated human burial ground; or
3.31 	(2) removes any fence, railing, or other work erected for protection or ornament, 
3.32 	or any tree, shrub, or plant or grave goods and artifacts within the limits of a public or 
3.33 	private cemetery or authenticated human burial ground; or
3.34 	(3) discharges any firearms upon or over the grounds of any public or private 
3.35 	cemetery or authenticated burial ground.
4.1 		Subd. 3.Protective posting. Upon the agreement of the appropriate authority and 
4.2 	the landowner, an authenticated or recorded human burial ground may be posted for 
4.3 	protective purposes every 75 feet around its perimeter with signs listing the activities 
4.4 	prohibited by subdivision 2 and the penalty for violation of it. Posting is at the discretion 
4.5 	of the American Indian affairs council Liaison Office in the case of Indian burials or at the 
4.6 	discretion of the state archaeologist in the case of non-Indian burials. This subdivision 
4.7 	does not require posting of a burial ground. The size, description, location, and 
4.8 	information on the signs used for protective posting must be approved by the appropriate 
4.9 	authority and the landowner.
4.10 		Subd. 3a.Authentication. The state archaeologist shall authenticate all burial 
4.11 	grounds for purposes of this section. The state archaeologist may retain the services 
4.12 	of a qualified professional archaeologist, a qualified physical anthropologist, or other 
4.13 	appropriate experts for the purpose of gathering information that the state archaeologist 
4.14 	can use to authenticate or identify burial grounds. If probable Indian burial grounds are to 
4.15 	be disturbed or probable Indian remains analyzed, the American Indian Affairs Council
4.16 	 Liaison Office must approve the professional archaeologist, qualified anthropologist, or 
4.17 	other appropriate expert. Authentication is at the discretion of the state archaeologist 
4.18 	based on the needs identified in this section or upon request by an agency, a landowner, or 
4.19 	other appropriate authority.
4.20 		Subd. 5.Cost; use of data. The cost of authentication, recording, surveying, and 
4.21 	marking burial grounds and the cost of identification, analysis, rescue, and reburial of 
4.22 	human remains on public lands or waters shall be the responsibility of the state or political 
4.23 	subdivision controlling the lands or waters. On private lands or waters these costs shall 
4.24 	be borne by the state, but may be borne by the landowner upon mutual agreement with 
4.25 	the state. The state archaeologist must make the data collected for this activity available 
4.26 	using standards adopted by the Office of MN.IT Services and geospatial technology 
4.27 	standards and guidelines published by the Minnesota Geospatial Information Office. Costs 
4.28 	associated with this data delivery must be borne by the state.
4.29 		Subd. 7.Remains found outside of recorded cemeteries. All unidentified human 
4.30 	remains or burials found outside of recorded cemeteries or unplatted graves or burials 
4.31 	found within recorded cemeteries and in contexts which indicate antiquity greater than 
4.32 	50 years shall be dealt with according to the provisions of this section. If such burials 
4.33 	are not Indian or their ethnic identity cannot be ascertained, as determined by the state 
4.34 	archaeologist, they shall be dealt with in accordance with provisions established by 
4.35 	the state archaeologist and other appropriate authority. If such burials are Indian, as 
4.36 	determined by the state archaeologist, efforts shall be made by the state archaeologist and 
5.1 	the American Indian Affairs Council Liaison Office to ascertain their tribal identity. If 
5.2 	their probable tribal identity can be determined and the remains have been removed from 
5.3 	their original context, such remains shall be turned over to contemporary tribal leaders for 
5.4 	disposition. If tribal identity cannot be determined, the Indian remains must be dealt with in 
5.5 	accordance with provisions established by the state archaeologist and the American Indian 
5.6 	Affairs Council Liaison Office if they are from public land. If removed Indian remains 
5.7 	are from private land they shall be dealt with in accordance with provisions established 
5.8 	by the American Indian Affairs Council Liaison Office. If it is deemed desirable by the 
5.9 	state archaeologist or the American Indian Affairs Council Liaison Office, removed 
5.10 	remains shall be studied in a timely and respectful manner by a qualified professional 
5.11 	archaeologist or a qualified physical anthropologist before being delivered to tribal leaders 
5.12 	or before being reburied. Application by a landowner for permission to develop or disturb 
5.13 	nonburial areas within authenticated or recorded burial grounds shall be made to the state 
5.14 	archaeologist and other appropriate authority in the case of non-Indian burials and to the
5.15 	 American Indian Affairs Council Liaison Office and other appropriate authority in the 
5.16 	case of Indian burials. Landowners with authenticated or suspected human burial grounds 
5.17 	on their property are obligated to inform prospective buyers of the burial ground.
5.18 		Subd. 8.Burial ground relocation. No non-Indian burial ground may be relocated 
5.19 	without the consent of the appropriate authority. No Indian burial ground may be relocated 
5.20 	unless the request to relocate is approved by the American Indian Affairs Council Liaison 
5.21 	Office. When a burial ground is located on public lands or waters, any burial relocations 
5.22 	must be duly licensed under section 138.36 and the cost of removal is the responsibility 
5.23 	of and shall be paid by the state or political subdivision controlling the lands or waters. 
5.24 	If burial grounds are authenticated on private lands, efforts may be made by the state to 
5.25 	purchase and protect them instead of removing them to another location.
5.26 		Subd. 9.Interagency cooperation. The Department of Natural Resources, the 
5.27 	Department of Transportation, and all other state agencies and local governmental units 
5.28 	whose activities may be affected, shall cooperate with the state archaeologist and the
5.29 	 American Indian Affairs Council Liaison Office to carry out the provisions of this section.
5.30 		Subd. 10.Construction and development plan review. When human burials are 
5.31 	known or suspected to exist, on public lands or waters, the state or political subdivision 
5.32 	controlling the lands or waters or, in the case of private lands, the landowner or developer, 
5.33 	shall submit construction and development plans to the state archaeologist for review 
5.34 	prior to the time bids are advertised and prior to any disturbance within the burial area. 
5.35 	If the known or suspected burials are thought to be Indian, plans shall also be submitted 
5.36 	to the American Indian Affairs Council Liaison Office. The state archaeologist and the
6.1 	 American Indian Affairs Council Liaison Office shall review the plans within 30 days of 
6.2 	receipt and make recommendations for the preservation in place or removal of the human 
6.3 	burials or remains, which may be endangered by construction or development activities.
6.4 		Subd. 11.Burial sites data. Burial sites locational and related data maintained 
6.5 	by the Office of the State Archaeologist and accessible through the office's "Unplatted 
6.6 	Burial Sites and Earthworks in Minnesota" Web site are security information for purposes 
6.7 	of section 13.37. Persons who gain access to the data maintained on the site are subject 
6.8 	to liability under section 13.08 and the penalty established by section 13.09 if they 
6.9 	improperly use or further disseminate the data.
6.10 		Subd. 12.Right of entry. The state archaeologist may enter on property for the 
6.11 	purpose of authenticating burial sites. Only after obtaining permission from the property 
6.12 	owner or lessee, descendants of persons buried in burial grounds covered by this section 
6.13 	may enter the burial grounds for the purpose of conducting religious or commemorative 
6.14 	ceremonies. This right of entry must not unreasonably burden property owners or 
6.15 	unnecessarily restrict their use of the property.
6.16 		Subd. 13.Definitions. As used in this section, the following terms have the 
6.17 	meanings given.
6.18 	(a) "Abandoned cemetery" means a cemetery where the cemetery association has 
6.19 	disbanded or the cemetery is neglected and contains marked graves older than 50 years.
6.20 	(b) "Appropriate authority" means:
6.21 	(1) the trustees when the trustees have been legally defined to administer burial 
6.22 	grounds;
6.23 	(2) the American Indian Affairs Council Liaison Office in the case of Indian burial 
6.24 	grounds lacking trustees;
6.25 	(3) the county board in the case of abandoned cemeteries under section 306.243; and
6.26 	(4) the state archaeologist in the case of non-Indian burial grounds lacking trustees 
6.27 	or not officially defined as abandoned.
6.28 	(c) "Artifacts" means natural or artificial articles, objects, implements, or other 
6.29 	items of archaeological interest.
6.30 	(d) "Authenticate" means to establish the presence of or high potential of human 
6.31 	burials or human skeletal remains being located in a discrete area, delimit the boundaries 
6.32 	of human burial grounds or graves, and attempt to determine the ethnic, cultural, or 
6.33 	religious affiliation of individuals interred.
6.34 	(e) "Burial" means the organic remnants of the human body that were intentionally 
6.35 	interred as part of a mortuary process.
7.1 	(f) "Burial ground" means a discrete location that is known to contain or has high 
7.2 	potential to contain human remains based on physical evidence, historical records, or 
7.3 	reliable informant accounts.
7.4 	(g) "Cemetery" means a discrete location that is known to contain or intended to be 
7.5 	used for the internment of human remains.
7.6 	(h) "Disturb" means any activity that significantly harms the physical integrity or 
7.7 	setting of a human burial or human burial ground.
7.8 	(i) "Grave goods" means objects or artifacts directly associated with human burials or 
7.9 	human burial grounds that were placed as part of a mortuary ritual at the time of internment.
7.10 	(j) "Human remains" means the calcified portion of the human body, not including 
7.11 	isolated teeth, or cremated remains deposited in a container or discrete feature.
7.12 	(k) "Identification" means to analyze organic materials to attempt to determine if 
7.13 	they represent human remains and to attempt to establish the ethnic, cultural, or religious 
7.14 	affiliations of such remains.
7.15 	(l) "Marked" means a burial that has a recognizable tombstone or obvious grave 
7.16 	marker in place or a legible sign identifying an area as a burial ground or cemetery.
7.17 	(m) "Qualified physical anthropologist" means a specialist in identifying human 
7.18 	remains who holds an advanced degree in anthropology or a closely related field.
7.19 	(n) "Qualified professional archaeologist" means an archaeologist who meets the 
7.20 	United States Secretary of the Interior's professional qualification standards in Code of 
7.21 	Federal Regulations, title 36, part 61, appendix A, or subsequent revisions.
7.22 	(o) "Recorded cemetery" means a cemetery that has a surveyed plat filed in a 
7.23 	county recorder's office.
7.24 	(p) "State" or "the state" means the state of Minnesota or an agency or official of the 
7.25 	state acting in an official capacity.
7.26 	(q) "Trustees" means the recognized representatives of the original incorporators, 
7.27 	board of directors, or cemetery association.

7.28 	Sec. 5. Minnesota Statutes 2012, section 363A.06, is amended by adding a subdivision 
7.29 	to read:
7.30 		Subd. 1a.Oversight of councils of color. The commissioner shall establish 
7.31 	measurable outcomes for each council, taking into account the unique cultural practices of 
7.32 	each group represented by the respective council. As used in this subdivision, "measurable 
7.33 	outcomes" means outcomes, indicators, or other performance measures that may be 
7.34 	quantified when possible or otherwise measured in order to evaluate the effectiveness of 
7.35 	the councils in meeting intended goals or purposes. In addition to the duties required by 
8.1 	the respective council, the commissioner shall help establish work plans and performance 
8.2 	measures for executive directors that meet outcomes for transparency and accountability.

8.3 	Sec. 6. TRANSFER OF CERTAIN COUNCILS TO THE MINNESOTA 
8.4 	DEPARTMENT OF HUMAN RIGHTS.
 8.5 	The Council on Affairs of Chicano/Latino People under section 3.9223; the 
8.6 	Council on Black Minnesotans under section 3.9225; and the Council on Asian-Pacific 
8.7 	Minnesotans under section 3.9226 are transferred to the Minnesota Department of Human 
8.8 	Rights under section 15.039. All the responsibilities, powers, duties, rights, obligations, 
8.9 	and other authority imposed by law on the specific councils is transferred to the Minnesota 
8.10 	Department of Human Rights pursuant to section 15.039. All personnel, appropriations, 
8.11 	contracts, and other organizational matters of each individual council named in this section 
8.12 	are transferred to the Minnesota Department of Human Rights pursuant to section 15.039.

8.13 	Sec. 7. COMMISSIONER OF HUMAN RIGHTS ADVISORY TASK FORCE.
 8.14 	The commissioner of human rights shall convene a task force to study and make 
8.15 	recommendations to the legislature on creating advisory groups for cultural groups 
8.16 	now represented under the respective councils listed in section 6. The commissioner 
8.17 	shall engage representatives from the various groups now represented by the councils 
8.18 	listed in section 6 to serve on the task force. In addition, the governor shall appoint a 
8.19 	representative, and the majority and minority leaders of the house of representatives and 
8.20 	senate shall appoint one member each to serve on the task force. The task force shall issue 
8.21 	a report with recommendations to the legislature by January 15, 2015.

8.22 	Sec. 8. AMERICAN INDIAN LIAISON OFFICE.
 8.23 	(a) The commissioner of Minnesota Management and Budget shall create an 
8.24 	American Indian Liaison Office in the Office of Minnesota Management and Budget. 
8.25 	Since tribal governments are considered "domestic dependent nations" by the federal 
8.26 	government, they have a unique and distinct relationship with federal and state 
8.27 	governments. The purpose of the American Indian Liaison Office is to provide liaison 
8.28 	services between the state and the eleven tribal governments in Minnesota. The liaison 
8.29 	office shall serve as the primary point of contact between the state and individual tribal 
8.30 	governments in Minnesota in order to maximize partnerships with tribal governments, 
8.31 	address tribal concerns, and work collaboratively to develop guidance on matters of 
8.32 	mutual tribal and state interests. In addition, the liaison office shall collaborate with other 
8.33 	state agencies to develop guidance on issues involving tribal governments.
9.1 	(b) The staff, resources, and appropriations of the Indian Affairs Council under 
9.2 	section 3.922 are transferred to Minnesota Management and Budget under section 15.039 
9.3 	to carry out the duties of the Indian Affairs Council. Matters pertaining to Indian burial 
9.4 	grounds and language revitalization shall continue under the American Indian Liaison 
9.5 	Office.

9.6 	Sec. 9. REVISOR'S INSTRUCTION.
 9.7 	The revisor of statutes shall replace "Indian Affairs Council" with "American Indian 
9.8 	Liaison Office" wherever it appears in Minnesota Statutes and Minnesota Rules.

9.9 	Sec. 10. REPEALER.
 9.10 	Minnesota Statutes 2012, section 3.922, subdivisions 1, 3, 4, 5, 6, 7, 8, 10, and 11,
9.11 	 are repealed when the American Indian Liaison Office under section 8 is operational.