HF 2397

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/06/2023 07:14pm

A bill for an act
relating to state government; establishing the Minnesota Migration Act and
Minnesota Migration Act account; requiring a report; appropriating money to study
and provide reparation grants for American descendants of chattel slavery who
reside in this state; proposing coding for new law in Minnesota Statutes, chapter
363A.

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

Section 1.

new text begin [363A.60] MINNESOTA MIGRATION ACT ACCOUNT.
new text end

new text begin The Minnesota Migration Act account is established in the special revenue fund in the
state treasury. Funds in the account are appropriated to the commissioner of human rights
for the administration of the grants awarded by the Minnesota Migration Act Advisory
Council.
new text end

Sec. 2.

new text begin MINNESOTA MIGRATION ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Findings. new text end

new text begin The legislature finds:
new text end

new text begin (1) beginning in 1619 and continuing through 1863, slavery enriched American industries
and commercial and financial institutions and transformed the newly established United
States into an international economic power through the oppressive, dehumanizing, and
tortuous system of enslaved Black labor;
new text end

new text begin (2) slave owners invested heavily in the territory that is now known as the state of
Minnesota and after slavery ended in the United States, the slave owners were compensated
for the loss of their slaves. Those persons who were held in bondage were never compensated
for their labor, despite the promise of "40 acres and a mule";
new text end

new text begin (3) although slavery was illegal in Minnesota, Dred Scott and Harriet Scott were held
in military bondage at Fort Snelling, along with other African Americans who were used
for enslaved labor by United States Army agents. This was in violation of the Northwest
Ordinance of 1787 and the Missouri Compromise of 1820;
new text end

new text begin (4) in the aftermath of slavery, African American citizens of this country continued to
face brutal discrimination as evidenced by Jim Crow laws, such as forced segregation, mass
atrocities in Tulsa and Rosewood, the lynching period in history, and to this day mass
incarceration;
new text end

new text begin (5) in Minnesota, systemic discrimination was perpetrated through redlining and racial
covenants; access to housing; environmental injustice; and the removal of St. Paul's Rondo
neighborhood, which was the center of American descendants of chattel slavery business
and residential, spiritual, and cultural life, for the construction of I-94 and other interstate
systems that harmed Black communities in Minnesota;
new text end

new text begin (6) that structural institutionalized racism in Minnesota and all of American society has
led to overwhelming Black-white disparities in housing, business investment, economic
prosperity, health and wellness, life expectancy, and infant mortality;
new text end

new text begin (7) that according to the November 2020 edition of the New England Journal of Medicine,
reparations are considered the most effective means of breaking down the societal structure
related to power, money, and access to resources and may be the only solution that can be
applied intergenerationally that would be an investment in the future and in reducing
disparities;
new text end

new text begin (8) that local and state governments throughout the United States have demonstrated a
commitment to addressing disparities by creating programs to generate public and private
sources of funding, including dedicating tax revenues from enterprises that have historically
profited from targeting African American consumers and other forms of discrimination that
have fueled Black-white disparities; and
new text end

new text begin (9) that the tragic murder of George Floyd by a Minneapolis police officer has stirred a
local, national, and international reckoning of the immorality of the racial hierarchy that
exists under our democratic institutions and defies the founding values of this nation "that
all men are created equal, that they are endowed by their Creator with certain unalienable
Rights, that among these are Life, Liberty and the pursuit of Happiness."
new text end

new text begin Subd. 2. new text end

new text begin Acknowledgment and apology. new text end

new text begin The state shall issue an apology for the past
occurrence of chattel slavery and notable slave owners in Minnesota. Minnesota
acknowledges and issues an official apology:
new text end

new text begin (1) for holding Dred and Harriet Scott in military slavery at Fort Snelling;
new text end

new text begin (2) to the family of Elias Clayton, Elmer Jackson, and Isaac McGhie for the lynching
that took place in 1920 in Duluth and shall issue an antilynching proclamation and legislation
for the state;
new text end

new text begin (3) to the Rondo neighborhood and other Black communities for the construction of the
I- 94 freeway and other highways that were constructed in Black communities in Minnesota;
new text end

new text begin (4) to the families of George Floyd, Philando Castille, Hardel Sherrell, and Jamar Clark
and the state shall implement remedies to reform law enforcement in the state;
new text end

new text begin (5) for allowing racial housing covenants in deeds in the state and committing to work
to create generational wealth for the American descendants of chattel slavery;
new text end

new text begin (6) for having the word "slavery" removed from the Minnesota state constitution; and
new text end

new text begin (7) for the systemic racism in the state and the impact slavery has had on descendants
of chattel slavery in this state, and the state shall commit to ending systemic racism in the
state that prevents upward mobility of Minnesota's Black residents.
new text end

Sec. 3. new text begin MINNESOTA MIGRATION ACT ADVISORY COUNCIL; CREATION;
DUTIES; REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Advisory council established. new text end

new text begin The Minnesota Migration Act Advisory
Council is established to analyze the past economic benefits of slavery and institutional
racism that accrued to owners and businesses that received those benefits and to identify
and document the money received from the dehumanizing activity of slavery by identifying
the public and private institutions that benefited from anti-Black practices. The focus of the
committee shall be to develop criteria to determine how to distribute funding to compensate
persons and address systems harmed by these anti-Black practices and to distribute grants
to achieve those compensation goals. Nothing in this section acts as a substitution for the
need for reparations to the descendants of slaves from the federal government. The advisory
council shall, among other issues, address the following:
new text end

new text begin (1) review international standards of remedy for wrongs and injuries caused by the state,
including full reparations and special measures, as understood by various relevant
international protocols, laws, and findings;
new text end

new text begin (2) provide input to the state on how to issue a formal apology on behalf of the people
of Minnesota for the perpetration of gross human rights violations and crimes against
humanity on enslaved African and American descendants of chattel slavery;
new text end

new text begin (3) review which laws and policies that continue to disproportionately and negatively
affect African Americans as a group and perpetuate the lingering material and psychosocial
effects of slavery can be eliminated;
new text end

new text begin (4) review and study how the injuries resulting from matters described in this subdivision
can be reversed and how to provide appropriate policies, programs, projects, and
recommendations for the purpose of reversing the injuries;
new text end

new text begin (5) determine what form of compensation to African Americans who are descendants
of persons enslaved in the United States can be achieved;
new text end

new text begin (6) determine what form of compensation should be awarded, through what
instrumentalities, and who should be eligible for the grants awarded by the advisory council
and distribute those grants as provided in this section; and
new text end

new text begin (7) determine if any other forms of rehabilitation or restitution are appropriate to remedy
issues identified by the advisory council.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The advisory council shall consist of the following 19 voting
members, appointed by the commissioner of the Department of Human Rights in consultation
with the governor and the Council for Minnesotans of African Heritage, except as otherwise
specified, and six nonvoting members. All members must be chosen with an emphasis on
appointing members who are descendants of persons believed to have been enslaved in the
United States, or members of the American descendants of chattel slavery with lived
experience of racial discrimination and who were impacted by policies which have caused
intergenerational trauma. The advisory council shall include:
new text end

new text begin (1) two members of the house of representatives, one from the majority party appointed
by the speaker of the house and one from the minority party appointed by the minority
leader;
new text end

new text begin (2) two members of the senate, one from the majority party appointed by the senate
majority leader and one from the minority party appointed by the senate minority leader;
new text end

new text begin (3) two members who are educators or who have worked in the education system;
new text end

new text begin (4) two members who are leaders in the business and labor community;
new text end

new text begin (5) two members who are community activists engaged in solving issues caused by racial
disparities;
new text end

new text begin (6) two members who are leaders in the faith community;
new text end

new text begin (7) two members who are professionals or have worked in the health care industry;
new text end

new text begin (8) three members who are historians, economists, legal analysts, or policy experts who
have expertise in issues the advisory council is studying;
new text end

new text begin (9) two youth members; and
new text end

new text begin (10) the commissioners of housing finance, health, human services, human rights,
employment and economic development, and education, or their designees, who shall be
ex officio nonvoting members of the council.
new text end

new text begin (b) The council is governed by Minnesota Statutes, section 15.059, and the advisory
council shall expire five years after the date of enactment.
new text end

new text begin (c) The chair shall convene the council at least monthly.
new text end

new text begin (d) The commissioner of human rights shall provide staff and administrative services
for the advisory council.
new text end

new text begin (e) The council is subject to Minnesota Statutes, chapter 13D.
new text end

new text begin Subd. 3. new text end

new text begin Goals and outcomes; report. new text end

new text begin The advisory council shall establish goals related
to addressing the directive to the advisory council provided in this section and determine a
baseline against which progress shall be monitored and set measurable outcomes. The goals
established must include guidelines for grants distributed by the advisory council. The
advisory council shall use existing measures and data collection systems to determine
baseline data against which progress shall be measured. The council shall include the
proposed goals and the measurable outcomes to meet these goals, including the grant making
in its initial report to the legislature due March 31, 2024.
new text end

new text begin Subd. 4. new text end

new text begin Conflict of interest. new text end

new text begin Advisory council members must disclose to the council,
refrain from participating in discussions, and recuse themselves from voting on any matter
before the council if the member has a conflict of interest. A conflict of interest means a
financial association that has the potential to bias or have the appearance of biasing a council
member's decision related to the Minnesota Migration Act grant decision process or other
council activities under this section.
new text end

new text begin Subd. 5. new text end

new text begin Grants. new text end

new text begin (a) The commissioner of human rights shall submit a report of the
grants proposed by the advisory council to be awarded for the upcoming fiscal year to the
chairs and ranking minority members of the legislative committees with jurisdiction over
health, human services policy and finance, education, employment and economic
development, and housing policy and finance, by March 31 of each year, beginning March
31, 2024.
new text end

new text begin (b) The commissioner of human rights shall award grants from the Minnesota Migration
Act account under Minnesota Statutes, section 363A.60. The grants shall be awarded to
proposals selected by the advisory council that address the priorities in this section, unless
otherwise appropriated by the legislature.
new text end

new text begin Subd. 6. new text end

new text begin Reports. new text end

new text begin The advisory council shall report annually to the chairs and ranking
minority members of the legislative committees with jurisdiction over health, human services
policy and finance, education, employment and economic development, and housing finance
and policy by March 31 of each year, beginning March 31, 2024. The report shall include
information about the individual projects that receive grants and the overall role of the
project in addressing inequalities and systematic problems caused by the institution of
slavery. The report must describe the grantees and the activities implemented, along with
measurable outcomes as determined by the council. At a minimum, the report must include
information about who has received the grants and who the funding will benefit.
new text end

Sec. 4.

new text begin APPROPRIATION; MINNESOTA MIGRATION ACT ADVISORY
COUNCIL.
new text end

new text begin (a) $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the
general fund to the commissioner of human rights for the Minnesota Migration Act Advisory
Council to complete the work in section 3 related to the effects of systemic racism on Black
Minnesotans who are descendants of persons who were treated as chattel slaves in this state.
A portion of this funding may be used to hire additional staff to support the administration
and operation of the Minnesota Migration Act Advisory Council.
new text end

new text begin (b) $100,000,000 in fiscal year 2024 is appropriated from the general fund to the
Minnesota Migration Act account under Minnesota Statutes, section 363A.60.
new text end