HF 1353

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/19/2015 03:52pm

A bill for an act
relating to state government; revising laws governing Minnesota ethnic councils;
proposing coding for new law in Minnesota Statutes, chapter 15; repealing
Minnesota Statutes 2014, sections 3.9223; 3.9225; 3.9226.

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

Section 1.

new text begin [15.0145] ETHNIC COUNCILS.
new text end

new text begin Subdivision 1. new text end

new text begin Three ethnic councils; creation. new text end

new text begin (a) The Minnesota Council on
Latino Affairs includes public members who are Americans with an ethnic heritage from
Mexico, any of the countries in Central or South America, Cuba, the Dominican Republic,
or Puerto Rico. new text end

new text begin
(b) The Minnesota African Heritage Council includes public members who are
Americans of black African ancestry.
new text end

new text begin (c) The Council on Asian-Pacific Minnesotans includes public members who are
Americans with an ethnic heritage from any of the countries east of, and including,
Afghanistan or the Pacific Islands.
new text end

new text begin (d) The councils are part of the executive branch.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) Each council has 15 voting members. Eleven members
of each council are public members appointed by the governor. Four members of each
council are legislators.
new text end

new text begin (b) The governor shall appoint 11 members of each council as follows:
new text end

new text begin (1) the Minnesota Council on Latino Affairs must include one member representing
each of the state's congressional districts and three members appointed at-large. The
governor must attempt to ensure that the demographic composition of council members
accurately reflects the demographic composition of Minnesota's Latino community,
including recent immigrants, as determined by the state demographer;
new text end

new text begin (2) the Minnesota African Heritage Council must include members who are
broadly representative of the African heritage community of the state. The council must
include at least five females. At least three members must be first or second generation
African immigrants, who generally reflect the demographic composition of these African
immigrants, as determined by the state demographer; and
new text end

new text begin (3) the Council on Asian-Pacific Minnesotans must include one member from each
of the five ancestries with the state's highest percentages of Asian-Pacific populations,
as determined by the state demographer. The other six members must be broadly
representative of the rest of the Asian-Pacific population, with no more than one council
member from any one ancestry. For purposes of this clause, ancestry refers to heritage that
is commonly accepted in Minnesota as a unique population.
new text end

new text begin (c) Four legislators are voting members of each council. The speaker of the house
and the house minority leader shall each appoint one member to each council. The
Subcommittee on Committees of the senate Committee on Rules and Administration shall
appoint one member of the majority caucus and one member of the minority caucus to
each council.
new text end

new text begin (d) The governor may appoint a commissioner of a state agency or a designee of that
commissioner to serve as an ex-officio, nonvoting member of a council.
new text end

new text begin Subd. 3. new text end

new text begin Appointments; terms; removal. new text end

new text begin (a) In making appointments to a council,
the governor shall consider an appointee's proven dedication and commitment to the
council's community and any expertise possessed by the appointee that might be beneficial
to the council, such as experience in public policy, legal affairs, social work, business,
or management. The executive director of a council and legislative members may offer
advice to the governor on applicants seeking appointment.
new text end

new text begin (b) Terms, compensation, and filling of vacancies for members appointed by the
governor are as provided in section 15.059. Removal of members appointed by the
governor is governed by section 15.059, except that: (1) a member who missed more than
half of the council meetings convened during a 12-month period automatically is removed
from the council; and (2) a member appointed by the governor may be removed by a vote
of three of the four legislative members of the council. The chair of a council shall inform
the governor of the need for the governor to fill a vacancy on the council. Legislative
members serve at the pleasure of their appointing authority.
new text end

new text begin (c) A member appointed by the governor may serve no more than a total of eight
years on a council. A legislator may serve no more than eight consecutive years or 12
nonconsecutive years on any one council.
new text end

new text begin Subd. 4. new text end

new text begin Training; executive committee; meetings; support. new text end

new text begin (a) A member
appointed by the governor must attend orientation training within the first six months of
service for each term. The commissioner of administration must arrange for the training
to include but not be limited to the legislative process, government data practices, open
meeting law, Robert's Rules of Order, fiscal management, and human resources. The
governor must remove a member who does not complete the training.
new text end

new text begin (b) Each council shall annually elect from among the members appointed by the
governor a chair and other officers it deems necessary. These officers and one legislative
member selected by the council shall serve as the executive committee of the council.
new text end

new text begin (c) A majority of voting members of a council constitutes a quorum. A quorum is
required to conduct council business. A council member may not vote on any action if the
member has a conflict of interest under section 10A.07.
new text end

new text begin (d) Each council shall receive administrative support from the commissioner of
administration under section 16B.371.
new text end

new text begin Subd. 5. new text end

new text begin Executive director; staff. new text end

new text begin (a) The Legislative Coordinating Commission
must appoint an executive director for each council. The executive director must be
experienced in administrative activities and familiar with the challenges and needs of
the ethnic council's larger community. The executive director serves in the unclassified
service at the pleasure of the Legislative Coordinating Commission.
new text end

new text begin (b) The Legislative Coordinating Commission must establish a process for recruiting
and selecting applicants for the executive director positions. This process must include
consultation with the applicable council.
new text end

new text begin (c) The executive director must collaboratively lead the council in fulfilling its
duties. The executive director must consult with the commissioners of administration and
management and budget to ensure appropriate financial, purchasing, human resources,
and other services for operation of the council. The executive director must appoint other
staff necessary to carry out the duties of the council. The executive director and other
council staff are executive branch employees.
new text end

new text begin Subd. 6. new text end

new text begin Duties of council. new text end

new text begin (a) A council must work for the implementation
of economic, social, legal, and political equality for its constituency. The council shall
work with the legislature and governor to carry out this work by performing the duties
in this section.
new text end

new text begin (b) A council shall advise the governor and the legislature on issues confronting the
constituency of the council. This may include, but is not limited to, presenting the results
of surveys, studies, and community forums to the appropriate executive departments
and legislative committees.
new text end

new text begin (c) A council shall advise the governor and the legislature of administrative
and legislative changes needed to improve the economic and social condition of the
constituency of the council. This may include but is not limited to working with legislators
to develop politically feasible legislation to address these issues and to work for passage
of the legislation. This may also include making recommendations regarding the state's
affirmative action program and the state's targeted group small business program.
new text end

new text begin (d) A council shall advise the governor and the legislature of the implications
and effect of proposed administrative and legislative changes on the constituency of
the council. This may include but is not limited to tracking legislation, testifying as
appropriate, and meeting with executive departments and legislators.
new text end

new text begin (e) A council shall serve as a liaison between state government and organizations that
serve the constituency of the council. This may include but is not limited to working with
these organizations to carry out the duties in paragraphs (a) to (d), and working with these
organizations to develop informational programs or publications to involve and empower
the constituency in seeking improvement in their economic and social conditions.
new text end

new text begin (f) A council shall perform or contract for the performance of studies designed
to suggest solutions to the problems of the constituency of the council in the areas of
education, employment, human rights, health, housing, social welfare, and other related
areas.
new text end

new text begin (g) In carrying out duties under this subdivision, councils may act to advise on issues
that affect the shared constituencies of more than one council.
new text end

new text begin Subd. 7. new text end

new text begin Duties of council members. new text end

new text begin A council member shall:
new text end

new text begin (1) attend and participate in scheduled meetings and be prepared by reviewing
meeting notes;
new text end

new text begin (2) maintain and build communication with the community represented;
new text end

new text begin (3) collaborate with the council and executive director in carrying out the council's
duties; and
new text end

new text begin (4) participate in activities the council or executive director deem appropriate and
necessary to facilitate the goals and duties of the council.
new text end

new text begin Subd. 8. new text end

new text begin Powers. new text end

new text begin A council may enter into a contract for its purposes. A council
may accept gifts, grants, and funds, and these are appropriated to the council for the
purpose for which received.
new text end

new text begin Subd. 9. new text end

new text begin Reports. new text end

new text begin A council must report on the measurable outcomes achieved in
the council's current strategic plan to meet its statutory duties, along with the specific
objectives and outcome measures proposed for the following year. The council must
submit the report by January 15 each year to the chairs of the committees in the house of
representatives and the senate with primary jurisdiction over state government operations.
Each report must cover the calendar year of the year before the report is submitted. By
February 1 each year, the chairs of the committees in the house of representatives and the
senate with primary jurisdiction over state government operations must each schedule
hearings at which the councils must present the annual reports. The specific objectives and
outcome measures for the following current year must focus on three or four achievable
objectives, action steps, and measurable outcomes for which the council will be held
accountable. The strategic plan may include other items that support the statutory purposes
of the council but should not distract from the primary statutory proposals presented.
The funding request of each council, after approval by the Legislative Coordinating
Commission, must also be presented by February 1 in each odd-numbered year.
new text end

Sec. 2. new text begin TRANSITION.
new text end

new text begin (a) Members of a council on the effective date of section 1 continue to serve on the
council until the end of their current term. However, if a member of a council has served
eight years or more on the council at any time before December 31, 2015, the term of that
member expires December 31, 2015. If a council has more members on the effective date
of this section than is provided for by section 1, positions on the council shall not be filled
until the expiration of a term results in fewer members on the council than provided for in
section 1. Membership qualifications newly specified in section 1 must be complied with
as soon as possible when terms of current members expire.
new text end

new text begin (b) The Legislative Coordinating Commission must appoint an executive director
for each council no later than November 15, 2015. An incumbent executive director of a
council may apply to be appointed by the Legislative Coordinating Commission but, if
not selected, the employment of the incumbent ends when the Legislative Coordinating
Commission appoints a new executive director, or on another date determined by the
Legislative Coordinating Commission. Other council staff are transferred to employment
with the reformulated councils specified in section 1.
new text end

Sec. 3. new text begin REVISOR INSTRUCTION.
new text end

new text begin In the next and subsequent editions of Minnesota Statutes, the revisor of statutes
shall substitute the names of councils as follows in each place where the names occur:
new text end

new text begin (1) Minnesota African Heritage Council, in place of Council on Black Minnesotans;
and
new text end

new text begin (2) Minnesota Council on Latino Affairs, in place of Council on Affairs of
Chicano/Latino People.
new text end

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change cross-references to the repealed sections in
section 5 with section 15.0145 and make changes necessary to correct punctuation,
grammar, or sentence structure.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 3.9223; 3.9225; and 3.9226, new text end new text begin are repealed.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective July 1, 2015. Authority of the Legislative Coordinating
Commission to appoint executive directors under Minnesota Statutes, section 15.0145,
subdivision 5, is effective the day following final enactment.
new text end