HF 2132

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 03:13pm

A bill for an act
relating to state government; expanding duties and powers of the Council on
Black Minnesotans; amending Minnesota Statutes 2012, section 3.9225.

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

Section 1.

Minnesota Statutes 2012, section 3.9225, is amended to read:

3.9225 COUNCIL ON BLACK MINNESOTANS.

Subdivision 1.

Creation.

A state Council on Black Minnesotans new text begin (COBM) new text end consists
of deleted text begin 13 deleted text end new text begin 15 new text end members appointed by the governor. The members of the council must be broadly
representative of the Black community of the state and include at least five males and at
least five females. deleted text begin One member of the council must be a person whose ethnic heritage is
from West Africa, and one member of the council must be a person whose ethnic heritage
is from East Africa. deleted text end new text begin There must be equal representation of African Americans, East
Africans, and West Africans on the council. new text end Membership terms, compensation, removal of
members, and filling of vacancies for nonlegislative members are as provided in section
15.0575. Because the council performs functions that are not purely advisory, the council
is not subject to the expiration date in section 15.059. Two members of the house of
representatives appointed by the speaker and two members of the senate appointed by
the Subcommittee on Committees of the Committee on Rules and Administration shall
serve as nonvoting members of the council. The council shall annually elect from its
membership a chair and other officers it deems necessary.

Subd. 2.

Definitions.

For the purpose of this section:

(1) "Black" describes persons who consider themselves as having origin in any of
the Black racial groups of Africa;

(2) "East Africa" means the eastern region of the continent of Africa, comprising
areas occupied by the countries of Burundi, Kenya, Rwanda, Tanzania, Uganda, and
Somalia; and

(3) "West Africa" means the western region of the continent of Africa comprising
areas occupied by the countries of Mauritania, Senegal, The Gambia, Guinea-Bissau,
Guinea, Sierra Leone, Liberia, Cote d'Ivoire, Ghana, Togo, Benin, Nigeria, Burkina Faso,
and those parts of Mali and Niger south of the Sahara.

Subd. 3.

Duties.

The council shall:

(a) deleted text begin advise deleted text end new text begin brief new text end the governor and deleted text begin the legislature deleted text end new text begin legislative leaders face-to-face new text end on
deleted text begin the nature of the issues confronting deleted text end new text begin policy and administrative matters of concern to new text end Black
deleted text begin people in this state deleted text end new text begin Minnesotans and the COBM new text end ;

(b) advise the governor and the legislature on statutes or rules necessary to ensure
that Black people have access to benefits and services provided to people in this state;

(c) recommend to the governor and the legislature any revisions in the state's
affirmative action program and other steps that are necessary to eliminate underutilization
of Blacks in the state's work force;

(d) recommend to the governor and the legislature legislation to improve the
economic and social condition of Black people in this state;

(e) serve as a conduit to state government for organizations of Black people in
the state;

(f) serve as a referral agency to assist Black people to secure access to state agencies
and programs;

(g) serve as a liaison with the federal government, local government units, and
private organizations on matters relating to the Black people of this state;

(h) perform or contract for the performance of studies designed to suggest solutions
to problems of Black people in the areas of education, employment, human rights, health,
housing, social welfare, and other related areas;

(i) implement programs designed to solve problems of Black people when authorized
by other statute, rule, or order;

(j) review data provided by the commissioner of human services under section
260C.215, subdivision 5, and present recommendations on the out-of-home placement
of Black children. Recommendations must be presented to the commissioner and the
legislature by February 1, 1990; November 1, 1990; and November 1 of each year
thereafter; deleted text begin and
deleted text end

(k) publicize the accomplishments of Black people and their contributions to this
state deleted text begin . deleted text end new text begin ;
new text end

new text begin (l) draft and lobby for legislation of concern to Black Minnesotans;
new text end

new text begin (m) testify before legislative committees and task forces on all legislation or issues
that may impact the Black community;
new text end

new text begin (n) remove members that violate attendance policy; and
new text end

new text begin (o) recommend bonding initiatives to the governor and legislature that benefit the
Black community.
new text end

Subd. 4.

Review of grant applications.

All applications by a state department or
agency for the receipt of federal funds which will have their primary effect on Black
Minnesotans shall be submitted to the council for review and recommendation at least 30
days before submission to a federal agency.

Subd. 5.

Powers.

(a) The council may contract in its own name, but no money shall
be accepted or received as a loan nor indebtedness incurred except as otherwise provided
by law. Contracts shall be approved by a majority of the members of the council and
executed by the chair and the executive director. The council may apply for, receive, and
expend in its own name grants and gifts of money consistent with the power and duties
specified in subdivisions 1 to 7.

(b) The council may solicit and accept payments for advertising, use of exhibition
space, or commemorative videos or other items in connection with publications, events,
media productions, and informational programs that are sponsored by the council. These
revenues must be deposited in an account in the special revenue fund and are appropriated
to the council to defray costs of publications, events, media productions, or informational
programs consistent with the powers and duties specified in subdivisions 1 to 7. The
council may not publish advertising or provide exhibition space for any elected official
or candidate for elective office. The council must report by January 15 each year to the
chairs and ranking minority members of the house of representatives and senate funding
divisions with jurisdiction over the council on the amount and source of each payment
received under this paragraph in the prior fiscal year.

(c) The council shall appoint an executive director who is experienced in
administrative activities and familiar with the problems and needs of Black people. The
council may delegate to the executive director powers and duties under subdivisions 1 to 7
which do not require council approval. The executive director deleted text begin serves in the unclassified
deleted text end new text begin and staff members serve in the classified new text end service deleted text begin and may be removed at any time by the
council deleted text end . The executive director shall recommend to the council, and the council may
appoint the appropriate staff necessary to carry out its duties. Staff members serve in the
unclassified service. The commissioner of administration shall provide the council with
necessary administrative services.

new text begin (d) The council shall partner with state agencies and departments to develop Black
business recruitment to the state and increase international trade relations with African
nations.
new text end

new text begin (e) The council may receive legacy funds to provide grants for conservation, clean
water, and arts and cultural heritage projects in the Black community.
new text end

Subd. 6.

State agency assistance.

Other state agencies shall supply the council
upon request with advisory staff services on matters relating to the jurisdiction of the
council. The council shall cooperate and coordinate its activities with other state agencies
to the highest possible degree.

Subd. 7.

Report.

The council shall prepare and submit a report to the governor and
legislature by November 15 of each year. The report shall summarize the activities of the
council since its last report, list receipts and expenditures, identify the major problems
and issues confronting Black people, make recommendations to address issues, and list
the specific objectives which the council seeks to attain during the next biennium. The
council shall report on outcome measures.