HF 2504

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             private nonprofit groups to perform functions on 
  1.4             behalf of communities of color; providing for 
  1.5             expiration of certain councils; amending Minnesota 
  1.6             Statutes 1998, sections 13.761; 15.0591, subdivision 
  1.7             2; 15.441, subdivision 1; 116J.64, subdivisions 6 and 
  1.8             7; 124D.892, subdivision 3; 138.38; 138.40, 
  1.9             subdivision 3; 145.951; 148C.11, subdivision 3; 
  1.10            242.56, subdivision 3; 254A.03, subdivision 2; 
  1.11            257.0755, subdivision 1; 257.0768, subdivision 1; 
  1.12            257.0769; 260.152, subdivisions 2 and 6; 299A.64, 
  1.13            subdivision 9; 307.08, subdivisions 3, 4, and 7; 
  1.14            307.082, subdivision 2; 462A.07, subdivision 15; and 
  1.15            611A.78, subdivision 1; Minnesota Statutes 1999 
  1.16            Supplement, sections 89A.03, subdivision 1; 124D.84, 
  1.17            subdivision 2; 138.35, subdivision 1; 260C.215, 
  1.18            subdivision 4; and 307.08, subdivisions 2, 8, 9, and 
  1.19            10; repealing Minnesota Statutes 1998, sections 3.922; 
  1.20            3.9223; 3.9225; 3.9226; and 116J.64, subdivision 5. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22                             ARTICLE 1 
  1.23              GRANT TO PRIVATE NONPROFIT ORGANIZATIONS 
  1.24     Section 1.  [GRANTS.] 
  1.25     (a) The commissioner of administration must award one-time 
  1.26  grants to one or more private, nonprofit organizations to 
  1.27  perform functions on behalf of the following communities:  
  1.28  Indian Minnesotans, Chicano/Latino Minnesotans, Black 
  1.29  Minnesotans, and Asian-Pacific Minnesotans.  The commissioner 
  1.30  must consult with the Indian Affairs council, the council on 
  1.31  affairs of Chicano/Latino people, the council on Black 
  1.32  Minnesotans, and the council on Asian-Pacific Minnesotans before 
  1.33  awarding the grants. 
  2.1      (b) The functions to be performed on behalf of each 
  2.2   community are: 
  2.3      (1) advise the governor and the legislature on the nature 
  2.4   of issues confronting people in the community; 
  2.5      (2) advise the governor and the legislature of 
  2.6   administrative and legislative changes necessary to ensure that 
  2.7   people in each community have access to benefits and services 
  2.8   provided to people in this state; 
  2.9      (3) recommend to the governor and the legislature any 
  2.10  revisions in the state's affirmative action program and other 
  2.11  steps that are necessary to eliminate underutilization of people 
  2.12  in the community in the state's work force; 
  2.13     (4) recommend to the governor and the legislature 
  2.14  legislation to improve the economic and social conditions of 
  2.15  people in the community in the state; 
  2.16     (5) serve as a conduit to state government for 
  2.17  organizations in the community; 
  2.18     (6) serve as a referral agency to assist people in the 
  2.19  community to secure access to state agencies and programs; 
  2.20     (7) serve as a liaison with the federal government, local 
  2.21  government units, and private organizations on matters relating 
  2.22  to the community; 
  2.23     (8) perform or contract for the performance of studies 
  2.24  designed to suggest solutions to the problems of people in the 
  2.25  community in the areas of education, employment, human rights, 
  2.26  health, housing, social welfare, and other related areas; 
  2.27     (9) implement programs designed to solve the problems of 
  2.28  people in the community; 
  2.29     (10) publicize the accomplishments of people of the 
  2.30  community and their contributions to the state; and 
  2.31     (11) review data provided by the commissioner of human 
  2.32  services under Minnesota Statutes, section 260C.215, subdivision 
  2.33  5, and make recommendations regarding out-of-home placement of 
  2.34  children of the community. 
  2.35     (c) The private, nonprofit groups receiving grants must 
  2.36  begin to perform these functions on July 1, 2001. 
  3.1      (d) The Indian Affairs council, the council on affairs of 
  3.2   Chicano/Latino people, the council on Black Minnesotans, and the 
  3.3   council on Asian-Pacific Minnesotans must give all records 
  3.4   retained by the councils to the appropriate group selected under 
  3.5   paragraph (a). 
  3.6      Sec. 2.  [APPROPRIATION.] 
  3.7      $....... is appropriated to the commissioner of 
  3.8   administration from the general fund in fiscal year 2001 for 
  3.9   purposes of section 1.  This one-time grant money must be 
  3.10  disbursed before July 1, 2001, to one or more groups selected 
  3.11  under section 1.  The legislature intends that this 
  3.12  appropriation fund operation of the group or groups under 
  3.13  section 1 for six years.  The legislature intends that the 
  3.14  groups seek private funding after this period to continue 
  3.15  performing their functions. 
  3.16     Sec. 3.  [REPEALER.] 
  3.17     Minnesota Statutes 1998, sections 3.922; 3.9223; 3.9225; 
  3.18  and 3.9226, are repealed June 30, 2001. 
  3.19                             ARTICLE 2 
  3.20                         CONFORMING CHANGES 
  3.21     Section 1.  Minnesota Statutes 1998, section 13.761, is 
  3.22  amended to read: 
  3.23     13.761 [INDIAN AFFAIRS COUNCIL DATA.] 
  3.24     All financial information on individuals and business 
  3.25  entities including, but not limited to, credit reports, 
  3.26  financial statements, and net worth calculations, that are 
  3.27  contained in applications received by the Indian affairs council 
  3.28  department of trade and economic development in its 
  3.29  administration of the Indian business development loan program 
  3.30  are classified as private data with regard to data on 
  3.31  individuals and as nonpublic data with regard to data not on 
  3.32  individuals. 
  3.33     Sec. 2.  Minnesota Statutes 1998, section 15.0591, 
  3.34  subdivision 2, is amended to read: 
  3.35     Subd. 2.  [BODIES AFFECTED.] A member meeting the 
  3.36  qualifications in subdivision 1 must be appointed to the 
  4.1   following boards, commissions, advisory councils, task forces, 
  4.2   or committees:  
  4.3      (1) advisory council on battered women; 
  4.4      (2) advisory task force on the use of state facilities; 
  4.5      (3) alcohol and other drug abuse advisory council; 
  4.6      (4) board of examiners for nursing home administrators; 
  4.7      (5) board on aging; 
  4.8      (6) chiropractic examiners board; 
  4.9      (7) consumer advisory council on vocational rehabilitation; 
  4.10     (8) council on disability; 
  4.11     (9) council on affairs of Chicano/Latino people; 
  4.12     (10) council on Black Minnesotans; 
  4.13     (11) dentistry board; 
  4.14     (12) (10) department of economic security advisory council; 
  4.15     (13) (11) higher education services office; 
  4.16     (14) (12) housing finance agency; 
  4.17     (15) (13) Indian advisory council on chemical dependency; 
  4.18     (16) (14) medical practice board; 
  4.19     (17) (15) medical policy directional task force on mental 
  4.20  health; 
  4.21     (18) (16) Minnesota employment and economic development 
  4.22  task force; 
  4.23     (19) (17) Minnesota office of citizenship and volunteer 
  4.24  services advisory committee; 
  4.25     (20) (18) Minnesota state arts board; 
  4.26     (21) (19) nursing board; 
  4.27     (22) (20) optometry board; 
  4.28     (23) (21) pharmacy board; 
  4.29     (24) (22) physical therapists council; 
  4.30     (25) (23) podiatry board; 
  4.31     (26) (24) psychology board; and 
  4.32     (27) (25) veterans advisory committee. 
  4.33     Sec. 3.  Minnesota Statutes 1998, section 15.441, 
  4.34  subdivision 1, is amended to read: 
  4.35     Subdivision 1.  [STATE AGENCIES; BILINGUAL EMPLOYEES.] 
  4.36  Every state agency that is directly involved in furnishing 
  5.1   information or rendering services to the public and that serves 
  5.2   a substantial number of non-English-speaking people shall employ 
  5.3   enough qualified bilingual persons in public contact positions, 
  5.4   or enough interpreters to assist those in these positions, to 
  5.5   ensure provision of information and services in the language 
  5.6   spoken by a substantial number of non-English-speaking people. 
  5.7      The commissioner of administration shall determine the 
  5.8   application of this section to each state agency, in 
  5.9   consultation with the council on affairs of Chicano/Latino 
  5.10  people, groups representing other non-English-speaking people, 
  5.11  and the head of the agency.  In determining what constitutes a 
  5.12  substantial number of non-English-speaking people, the 
  5.13  commissioner shall consider: 
  5.14     (1) the number of people served by the agency; 
  5.15     (2) the number of non-English-speaking people served by the 
  5.16  agency; 
  5.17     (3) the frequency with which non-English-speaking people 
  5.18  are served by the agency; and 
  5.19     (4) the extent to which information or services rendered by 
  5.20  the agency affect legal rights, privileges, or duties. 
  5.21     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  5.22  89A.03, subdivision 1, is amended to read: 
  5.23     Subdivision 1.  [MEMBERSHIP.] The governor must appoint a 
  5.24  chair and 15 other members to the Minnesota forest resources 
  5.25  council.  The Indian affairs council will appoint one additional 
  5.26  member.  When making appointments to the council, the governor 
  5.27  must appoint knowledgeable individuals with an understanding of 
  5.28  state forest resource issues who fairly reflect a balance of the 
  5.29  various interests in the sustainable management, use, and 
  5.30  protection of the state's forest resources in order to achieve 
  5.31  the purpose and policies specified in subdivision 2 and section 
  5.32  89A.02.  The council membership appointed by the governor must 
  5.33  include the following individuals: 
  5.34     (1) two representatives from organizations representing 
  5.35  environmental interests within the state; 
  5.36     (2) a representative from an organization representing the 
  6.1   interests of management of game species; 
  6.2      (3) a representative from a conservation organization; 
  6.3      (4) a representative from an association representing 
  6.4   forest products industry within the state; 
  6.5      (5) a commercial logging contractor active in a forest 
  6.6   product association; 
  6.7      (6) a representative from a statewide association 
  6.8   representing the resort and tourism industry; 
  6.9      (7) a faculty or researcher of a Minnesota research or 
  6.10  higher educational institution; 
  6.11     (8) an owner of nonindustrial, private forest land of 40 
  6.12  acres or more; 
  6.13     (9) an owner of nonindustrial, private forest land; 
  6.14     (10) a representative from the department; 
  6.15     (11) a county land commissioner who is a member of the 
  6.16  Minnesota association of county land commissioners; 
  6.17     (12) a representative from the United States Forest Service 
  6.18  unit with land management responsibility in Minnesota; 
  6.19     (13) a representative from a labor organization with 
  6.20  membership having an interest in forest resource issues; 
  6.21     (14) an individual representing a secondary wood products 
  6.22  manufacturing organization; and 
  6.23     (15) a chair. 
  6.24     Sec. 5.  Minnesota Statutes 1998, section 116J.64, 
  6.25  subdivision 6, is amended to read: 
  6.26     Subd. 6.  The remaining 20 percent of the tax revenue 
  6.27  received by the county auditor under section 273.165, 
  6.28  subdivision 1, shall be remitted by the county auditor to the 
  6.29  state treasurer and shall be deposited in an account in the 
  6.30  special revenue fund.  The account is established under the 
  6.31  jurisdiction and control of the agency department, which may 
  6.32  engage in a business loan program for American Indians as that 
  6.33  term is defined in subdivision 2.  The tribal councils may 
  6.34  administer the account, provided that, before making any 
  6.35  eligible loans, each tribal council must submit to the agency 
  6.36  department, for its review and approval, a plan for that 
  7.1   council's loan program which specifically describes, as to that 
  7.2   program, its content, utilization of money, administration, 
  7.3   operation, implementation, and other matters required by 
  7.4   the agency department.  All such programs must provide for a 
  7.5   reasonable balance in the distribution of money appropriated 
  7.6   pursuant to this section to make business loans between Indians 
  7.7   residing on and off the reservations within the state.  As a 
  7.8   condition to the making of such eligible loans, the tribal 
  7.9   councils shall enter into a loan agreement and other contractual 
  7.10  arrangements with the agency department to carry out this 
  7.11  chapter, and shall agree that all official books and records 
  7.12  relating to the business loan program shall be subject to audit 
  7.13  by the legislative auditor in the same manner prescribed for 
  7.14  agencies of state government.  
  7.15     Whenever money is appropriated by the state treasurer to 
  7.16  the agency department solely for the purposes in this 
  7.17  subdivision, the agency department shall record in the Indian 
  7.18  business loan account the receipt and disbursement of the money 
  7.19  and of the income, gain and loss from the investment and 
  7.20  reinvestment of the money.  
  7.21     Sec. 6.  Minnesota Statutes 1998, section 116J.64, 
  7.22  subdivision 7, is amended to read: 
  7.23     Subd. 7.  An Indian desiring a loan for the purpose of 
  7.24  starting a business enterprise, expanding an existing business, 
  7.25  or for technical and management assistance, shall make 
  7.26  application to the Indian affairs council department.  
  7.27  The Indian affairs council department shall prescribe the 
  7.28  necessary forms and advise the prospective borrower as to the 
  7.29  conditions under which the application may be expected to 
  7.30  receive favorable consideration.  The application shall be 
  7.31  forwarded to the appropriate tribal council, if it is 
  7.32  participating in the program, for approval or disapproval, and 
  7.33  shall be in conformity with the plans submitted by said tribal 
  7.34  councils.  If the tribal council is not participating in the 
  7.35  program, the Indian affairs council department may directly 
  7.36  administer the loan.  If the application is approved, the Indian 
  8.1   affairs council department shall forward the application, 
  8.2   together with all relevant documents pertinent thereto, to the 
  8.3   commissioner of finance, who shall draw a warrant in favor of 
  8.4   the applicable tribal council or the Indian affairs council 
  8.5   department, if it is administering the loan, with appropriate 
  8.6   notations identifying the borrower.  The tribal council or 
  8.7   the Indian affairs council department, if it is administering 
  8.8   the loan, shall thereafter reimburse suppliers and vendors for 
  8.9   purchases of equipment, real estate and inventory made by the 
  8.10  borrower pursuant to the conditions or guidelines established by 
  8.11  the Indian affairs council department.  The tribal council or 
  8.12  the Indian affairs council department, if it is administering 
  8.13  the loan, shall maintain records of transactions for each 
  8.14  borrower in a manner consistent with good accounting practice.  
  8.15  Simple interest at two percent of the amount of the debt owed 
  8.16  shall be charged.  When any portion of a debt is repaid, the 
  8.17  tribal council or the Indian affairs council department, if it 
  8.18  is administering the loan, shall remit the amount so received 
  8.19  plus interest paid thereon to the state treasurer through 
  8.20  the Indian affairs council department.  The amount so received 
  8.21  shall be credited to the Indian business loan account.  The 
  8.22  tribal council or the Indian affairs council department, if it 
  8.23  is administering the loan, shall secure a fidelity bond from a 
  8.24  surety company, in favor of the state treasurer, in an amount 
  8.25  equal to the maximum amount to the credit of its loan account 
  8.26  during the fiscal year.  On the placing of a loan, additional 
  8.27  money equal to ten percent of the total amount made available to 
  8.28  any tribal council or the Indian affairs council department, if 
  8.29  it is administering the loan, for loans during the fiscal year 
  8.30  shall be paid to the council prior to December 31 for the 
  8.31  purpose of financing administrative costs. 
  8.32     Sec. 7.  Minnesota Statutes 1999 Supplement, section 
  8.33  124D.84, subdivision 2, is amended to read: 
  8.34     Subd. 2.  [INDIAN SCHOLARSHIP COMMITTEE.] The Minnesota 
  8.35  Indian scholarship committee is established.  The commissioner 
  8.36  must appoint members with the assistance of the Indian affairs 
  9.1   council as provided in section 3.922, subdivision 6.  Members 
  9.2   shall be reimbursed for expenses as provided in section 15.059, 
  9.3   subdivision 6.  The commissioner shall determine the membership 
  9.4   terms and duration of the committee, which expires no later than 
  9.5   June 30, 2001.  The committee shall provide advice to the 
  9.6   commissioner in awarding scholarships to eligible American 
  9.7   Indian students and in administering the commissioner's duties 
  9.8   regarding awarding of American Indian post-secondary preparation 
  9.9   grants to school districts.  
  9.10     Sec. 8.  Minnesota Statutes 1998, section 124D.892, 
  9.11  subdivision 3, is amended to read: 
  9.12     Subd. 3.  [ADVISORY BOARD.] The commissioner shall 
  9.13  establish an advisory board composed of: 
  9.14     (1) eight superintendents, each of whom shall be selected 
  9.15  by the superintendents of the school districts located in whole 
  9.16  or in part within each of the eight metropolitan districts 
  9.17  established under section 473.123, subdivision 3c; and 
  9.18     (2) one person each selected by the representing Indian 
  9.19  affairs council, the council on Asian-Pacific Minnesotans, the 
  9.20  council on Black Minnesotans, and the council on affairs of 
  9.21  Chicano/Latino people. 
  9.22     The advisory board shall advise the office on complying 
  9.23  with the requirements under subdivision 1.  The advisory board 
  9.24  may solicit comments from teachers, parents, students, and 
  9.25  interested community organizations and others. 
  9.26     Sec. 9.  Minnesota Statutes 1999 Supplement, section 
  9.27  138.35, subdivision 1, is amended to read: 
  9.28     Subdivision 1.  [APPOINTMENT.] The state archaeologist 
  9.29  shall be a qualified professional archaeologist appointed by the 
  9.30  commissioner of administration in consultation with the 
  9.31  executive council of the Minnesota historical 
  9.32  society, representatives of the Indian affairs council 
  9.33  community, and other interested parties to perform the duties in 
  9.34  sections 138.31 to 138.42.  
  9.35     Sec. 10.  Minnesota Statutes 1998, section 138.38, is 
  9.36  amended to read: 
 10.1      138.38 [REPORTS OF STATE ARCHAEOLOGIST.] 
 10.2      The state archaeologist shall consult with and keep 
 10.3   representatives of the Indian affairs council community and the 
 10.4   director of the historical society informed as to significant 
 10.5   field archaeology, projected or in progress, and as to 
 10.6   significant discoveries made.  Annually, and also upon leaving 
 10.7   office, the state archaeologist shall file with the Indian 
 10.8   affairs council and the director of the historical society a 
 10.9   full report of the office's activities including a summary of 
 10.10  the activities of licensees, from the effective date hereof or 
 10.11  from the date of the last full report of the state archaeologist.
 10.12     Sec. 11.  Minnesota Statutes 1998, section 138.40, 
 10.13  subdivision 3, is amended to read: 
 10.14     Subd. 3.  When significant archaeological or historic sites 
 10.15  are known or suspected to exist on public lands or waters, the 
 10.16  agency or department controlling said lands or waters shall 
 10.17  submit construction or development plans to the state 
 10.18  archaeologist and the director of the society for review prior 
 10.19  to the time bids are advertised.  The state archaeologist and 
 10.20  the society shall promptly review such plans and make 
 10.21  recommendations for the preservation of archaeological or 
 10.22  historic sites which may be endangered by construction or 
 10.23  development activities.  When archaeological or historic sites 
 10.24  are related to Indian history or religion, the state 
 10.25  archaeologist shall submit the plans to representatives of the 
 10.26  Indian affairs council for the council's community for review 
 10.27  and recommend action. 
 10.28     Sec. 12.  Minnesota Statutes 1998, section 145.951, is 
 10.29  amended to read: 
 10.30     145.951 [CHILDREN HELPED IN LONG-TERM DEVELOPMENT; 
 10.31  IMPLEMENTATION PLAN.] 
 10.32     The commissioner of health, in consultation with the 
 10.33  commissioners of children, families, and learning; corrections; 
 10.34  public safety; and human services, and with the directors of the 
 10.35  office of strategic and long-range planning, and the council on 
 10.36  disability, and the councils and commission under sections 3.922 
 11.1   to 3.9226, may develop an implementation plan for the 
 11.2   establishment of a statewide program to assist families in 
 11.3   developing the full potential of their children.  The program 
 11.4   must be designed to strengthen the family, to reduce the risk of 
 11.5   abuse to children, and to promote the long-term development of 
 11.6   children in their home environments.  The program must also be 
 11.7   designed to use volunteers to provide support to parents, and to 
 11.8   link parents with existing public health, education, and social 
 11.9   services as appropriate. 
 11.10     Sec. 13.  Minnesota Statutes 1998, section 148C.11, 
 11.11  subdivision 3, is amended to read: 
 11.12     Subd. 3.  [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.] 
 11.13  (a) Alcohol and drug counselors licensed to practice alcohol and 
 11.14  drug counseling according to standards established by federally 
 11.15  recognized tribes, while practicing under tribal jurisdiction, 
 11.16  are exempt from the requirements of this chapter.  In practicing 
 11.17  alcohol and drug counseling under tribal jurisdiction, 
 11.18  individuals licensed under that authority shall be afforded the 
 11.19  same rights, responsibilities, and recognition as persons 
 11.20  licensed pursuant to this chapter. 
 11.21     (b) The commissioner shall develop special licensing 
 11.22  criteria for issuance of a license to alcohol and drug 
 11.23  counselors who:  (1) practice alcohol and drug counseling with a 
 11.24  member of an ethnic minority population or with a person with a 
 11.25  disability as defined by rule; or (2) are employed by agencies 
 11.26  whose primary agency service focus addresses ethnic minority 
 11.27  populations or persons with a disability as defined by rule.  
 11.28  These licensing criteria may differ from the licensing criteria 
 11.29  specified in section 148C.04.  To develop, implement, and 
 11.30  evaluate the effect of these criteria, the commissioner shall 
 11.31  establish a committee comprised of, but not limited to, consult 
 11.32  with representatives from the Minnesota commission serving of 
 11.33  deaf and hard-of-hearing people, the council on affairs of 
 11.34  Chicano/Latino people, the council on Asian-Pacific Minnesotans, 
 11.35  the council on Black Minnesotans, the council on disability, and 
 11.36  the Indian affairs council community. 
 12.1      Sec. 14.  Minnesota Statutes 1998, section 242.56, 
 12.2   subdivision 3, is amended to read: 
 12.3      Subd. 3.  [ADVISORY GROUP.] The commissioner shall appoint 
 12.4   an advisory group to assist in selecting sites under this 
 12.5   section.  The commissioner shall include among the members of 
 12.6   the group representatives of the following:  the council on 
 12.7   Black Minnesotans, the council on affairs of Chicano/Latino 
 12.8   people, the council on Asian-Pacific Minnesotans, the Indian 
 12.9   affairs council community, the commissioner of children, 
 12.10  families, and learning, community corrections officials, county 
 12.11  corrections officials, the association of counties, and the 
 12.12  association of county probation officers. 
 12.13     Sec. 15.  Minnesota Statutes 1998, section 254A.03, 
 12.14  subdivision 2, is amended to read: 
 12.15     Subd. 2.  [AMERICAN INDIAN PROGRAMS.] There is hereby 
 12.16  created a section of American Indian programs, within the 
 12.17  alcohol and drug abuse section of the department of human 
 12.18  services, to be headed by a special assistant for American 
 12.19  Indian programs on alcoholism and drug abuse and an assistant to 
 12.20  that position.  The section shall be staffed with all personnel 
 12.21  necessary to fully administer programming for alcohol and drug 
 12.22  abuse for American Indians in the state.  The special assistant 
 12.23  position shall be filled by a person with considerable practical 
 12.24  experience in and understanding of alcohol and other drug abuse 
 12.25  problems in the American Indian community, who shall be 
 12.26  responsible to the director of the alcohol and drug abuse 
 12.27  section created in subdivision 1 and shall be in the 
 12.28  unclassified service.  The special assistant shall meet with the 
 12.29  American Indian advisory council as described in section 
 12.30  254A.035 and serve as a liaison to other representatives of the 
 12.31  Minnesota Indian affairs council community to report on the 
 12.32  status of alcohol and other drug abuse among American Indians in 
 12.33  the state of Minnesota.  The special assistant with the approval 
 12.34  of the director shall: 
 12.35     (a) Administer funds appropriated for American Indian 
 12.36  groups, organizations and reservations within the state for 
 13.1   American Indian alcoholism and drug abuse programs.  
 13.2      (b) Establish policies and procedures for such American 
 13.3   Indian programs with the assistance of the American Indian 
 13.4   advisory board. 
 13.5      (c) Hire and supervise staff to assist in the 
 13.6   administration of the American Indian program section within the 
 13.7   alcohol and drug abuse section of the department of human 
 13.8   services. 
 13.9      Sec. 16.  Minnesota Statutes 1998, section 257.0755, 
 13.10  subdivision 1, is amended to read: 
 13.11     Subdivision 1.  [CREATION.] One ombudsperson shall operate 
 13.12  independently from but in collaboration with each of the 
 13.13  following groups communities:  the Indian affairs 
 13.14  council community, the council on affairs of Chicano/Latino 
 13.15  people, the council on Black Minnesotans, and the council on 
 13.16  Asian-Pacific Minnesotans. 
 13.17     Sec. 17.  Minnesota Statutes 1998, section 257.0768, 
 13.18  subdivision 1, is amended to read: 
 13.19     Subdivision 1.  [MEMBERSHIP.] Four community-specific 
 13.20  boards are created.  Each board consists of five members.  The 
 13.21  chair of each of the following groups governor shall appoint the 
 13.22  board for the community represented by the group following:  the 
 13.23  Indian affairs council community; the council on affairs of 
 13.24  Chicano/Latino people; the council on Black Minnesotans; and the 
 13.25  council on Asian-Pacific Minnesotans.  In making appointments, 
 13.26  the chair must consult with other members of the council. 
 13.27     Sec. 18.  Minnesota Statutes 1998, section 257.0769, is 
 13.28  amended to read: 
 13.29     257.0769 [FUNDING FOR THE OMBUDSPERSON PROGRAM.] 
 13.30     (a) Money is appropriated from the special fund authorized 
 13.31  by section 256.01, subdivision 2, clause (15), to the Indian 
 13.32  affairs council for the purposes of sections four ombudspersons 
 13.33  selected under section 257.0755 to 257.0768. 
 13.34     (b) Money is appropriated from the special fund authorized 
 13.35  by section 256.01, subdivision 2, clause (15), to the council on 
 13.36  affairs of Chicano/Latino people for the purposes of sections 
 14.1   257.0755 to 257.0768. 
 14.2      (c) Money is appropriated from the special fund authorized 
 14.3   by section 256.01, subdivision 2, clause (15), to the Council of 
 14.4   Black Minnesotans for the purposes of sections 257.0755 to 
 14.5   257.0768. 
 14.6      (d) Money is appropriated from the special fund authorized 
 14.7   by section 256.01, subdivision 2, clause (15), to the Council on 
 14.8   Asian-Pacific Minnesotans for the purposes of sections 257.0755 
 14.9   to 257.0768. 
 14.10     Sec. 19.  Minnesota Statutes 1998, section 260.152, 
 14.11  subdivision 2, is amended to read: 
 14.12     Subd. 2.  [PROGRAM COMPONENTS.] (a) The commissioner of 
 14.13  human services shall, in consultation with representatives of 
 14.14  the Indian affairs council community, the council on affairs of 
 14.15  Chicano/Latino people, the council on Black Minnesotans, and the 
 14.16  council on Asian-Pacific Minnesotans, provide grants to the 
 14.17  counties for the pilot projects.  The projects shall build upon 
 14.18  the existing service capabilities in the community and must 
 14.19  include availability of screening for mental health problems of 
 14.20  children who are alleged or found to be delinquent and children 
 14.21  who are reported as being or found to be in need of protection 
 14.22  or services. 
 14.23     (b) The projects must include referral for mental health 
 14.24  assessment of all children for whom the screening indicates a 
 14.25  need.  This assessment is to be provided by the appropriate 
 14.26  mental health professional.  If the child is of a minority race 
 14.27  or minority ethnic heritage, the mental health professional must 
 14.28  be skilled in and knowledgeable about the child's racial and 
 14.29  ethnic heritage, or must consult with a special mental health 
 14.30  consultant who has such knowledge so that the assessment is 
 14.31  relevant, culturally specific, and sensitive to the child's 
 14.32  cultural needs. 
 14.33     (c) Upon completion of the assessment, the project must 
 14.34  provide or ensure access to nonresidential mental health 
 14.35  services identified as needed in the assessment. 
 14.36     Sec. 20.  Minnesota Statutes 1998, section 260.152, 
 15.1   subdivision 6, is amended to read: 
 15.2      Subd. 6.  [EVALUATION.] The commissioner of human services 
 15.3   and the commissioner of corrections shall, in consultation 
 15.4   with representatives of the Indian affairs council 
 15.5   community, the council on affairs of Chicano/Latino people, the 
 15.6   council on Black Minnesotans, and the council on Asian-Pacific 
 15.7   Minnesotans, develop systems and procedures for evaluating the 
 15.8   pilot projects.  The departments must develop an interagency 
 15.9   management information system to track children who receive 
 15.10  mental health services.  The system must be designed to meet the 
 15.11  information needs of the agencies involved and to provide a 
 15.12  basis for evaluating outcome data.  The system must be designed 
 15.13  to track the mental health treatment of children released from 
 15.14  custody and to improve the planning, delivery, and evaluation of 
 15.15  services and increase interagency collaboration.  The evaluation 
 15.16  protocol must be designed to measure the impact of the program 
 15.17  on juvenile recidivism, school performance, and state and county 
 15.18  budgets. 
 15.19     Sec. 21.  Minnesota Statutes 1999 Supplement, section 
 15.20  260C.215, subdivision 4, is amended to read: 
 15.21     Subd. 4.  [CONSULTATION WITH REPRESENTATIVES.] The 
 15.22  commissioner of human services, after seeking and considering 
 15.23  advice from representatives reflecting diverse populations from 
 15.24  the councils established under sections 3.922, 3.9223, 3.9225, 
 15.25  and 3.9226, and other state, local, and community organizations 
 15.26  shall: 
 15.27     (1) review and, where necessary, revise the department of 
 15.28  human services social service manual and practice guide to 
 15.29  reflect federal and state policy direction on placement of 
 15.30  children; 
 15.31     (2) develop criteria for determining whether a prospective 
 15.32  adoptive or foster family has the ability to understand and 
 15.33  validate the child's cultural background; 
 15.34     (3) develop a standardized training curriculum for adoption 
 15.35  and foster care workers, family-based providers, and 
 15.36  administrators who work with children.  Training must address 
 16.1   the following objectives: 
 16.2      (a) developing and maintaining sensitivity to all cultures; 
 16.3      (b) assessing values and their cultural implications; and 
 16.4      (c) making individualized decisions that advance the best 
 16.5   interests of a particular child under section 260C.212, 
 16.6   subdivision 2; 
 16.7      (4) develop a training curriculum for family and extended 
 16.8   family members of adoptive and foster children.  The curriculum 
 16.9   must address issues relating to cross-cultural placements as 
 16.10  well as issues that arise after a foster or adoptive placement 
 16.11  is made; and 
 16.12     (5) develop and provide to agencies an assessment tool to 
 16.13  be used in combination with group interviews and other 
 16.14  preplacement activities to evaluate prospective adoptive and 
 16.15  foster families.  The tool must assess problem-solving skills; 
 16.16  identify parenting skills; and evaluate the degree to which the 
 16.17  prospective family has the ability to understand and validate 
 16.18  the child's cultural background.  
 16.19     Sec. 22.  Minnesota Statutes 1998, section 299A.64, 
 16.20  subdivision 9, is amended to read: 
 16.21     Subd. 9.  [ATTORNEY GENERAL; COMMUNITY LIAISON.] The 
 16.22  attorney general or a designee shall serve as a liaison between 
 16.23  the criminal gang oversight council and representatives of the 
 16.24  councils created in sections 3.922, 3.9223, 3.9225, and 
 16.25  3.9226 Indian, Black, Chicano/Latino, and Asian-Pacific 
 16.26  communities.  The attorney general or the designee will be 
 16.27  responsible for: 
 16.28     (1) informing the councils communities of the criminal gang 
 16.29  oversight council's plans, activities, and decisions and hearing 
 16.30  their reactions to those plans, activities, and decisions; and 
 16.31     (2) providing the criminal gang oversight council with 
 16.32  information about the councils' communities' position on the 
 16.33  oversight council's plans, activities, and decisions. 
 16.34     In no event is the criminal gang oversight council required 
 16.35  to disclose the names of individuals identified by it to the 
 16.36  councils communities referenced in this subdivision. 
 17.1      Nothing in this subdivision changes the data classification 
 17.2   of any data held by the oversight council. 
 17.3      Sec. 23.  Minnesota Statutes 1999 Supplement, section 
 17.4   307.08, subdivision 2, is amended to read: 
 17.5      Subd. 2.  [FELONY; GROSS MISDEMEANOR.] A person who 
 17.6   intentionally, willfully, and knowingly destroys, mutilates, 
 17.7   injures, disturbs, or removes human skeletal remains or human 
 17.8   burial grounds, is guilty of a felony.  A person who 
 17.9   intentionally, willfully, or knowingly removes any tombstone, 
 17.10  monument, or structure placed in any public or private cemetery 
 17.11  or unmarked human burial ground, or any fence, railing, or other 
 17.12  work erected for protection or ornament, or any tree, shrub, or 
 17.13  plant or grave goods and artifacts within the limits of the 
 17.14  cemetery or burial ground, and a person who, without authority 
 17.15  from the trustees, or state archaeologist, or Indian affairs 
 17.16  council, discharges any firearms upon or over the grounds of any 
 17.17  public or private cemetery or authenticated and identified 
 17.18  Indian burial ground, is guilty of a gross misdemeanor. 
 17.19     Sec. 24.  Minnesota Statutes 1998, section 307.08, 
 17.20  subdivision 3, is amended to read: 
 17.21     Subd. 3.  Every authenticated and identified burial ground 
 17.22  may be posted for protective purposes every 75 feet around its 
 17.23  perimeter with signs listing the activities prohibited by 
 17.24  subdivision 2 and the penalty for violation of it.  Posting is 
 17.25  at the discretion of the Indian affairs council in the case of 
 17.26  Indian burials or at the discretion of the state archaeologist 
 17.27  in the case of non-Indian burials.  
 17.28     Sec. 25.  Minnesota Statutes 1998, section 307.08, 
 17.29  subdivision 4, is amended to read: 
 17.30     Subd. 4.  The state shall retain the services of a 
 17.31  qualified professional archaeologist, approved by the state 
 17.32  archaeologist and the Indian affairs council, for the purpose of 
 17.33  gathering information to authenticate or identify Indian burial 
 17.34  grounds when requested by a concerned scientific or contemporary 
 17.35  Indian ethnic group, when Indian burials are known or suspected 
 17.36  to exist on public lands or waters controlled by the state or 
 18.1   political subdivision. 
 18.2      Sec. 26.  Minnesota Statutes 1998, section 307.08, 
 18.3   subdivision 7, is amended to read: 
 18.4      Subd. 7.  All unidentified human remains or burials found 
 18.5   outside of platted, recorded, or identified cemeteries and in 
 18.6   contexts which indicate antiquity greater than 50 years shall be 
 18.7   dealt with according to the provisions of this section.  If such 
 18.8   burials are not Indian or their ethnic identity cannot be 
 18.9   ascertained, as determined by the state archaeologist, they 
 18.10  shall be dealt with in accordance with provisions established by 
 18.11  the state archaeologist.  If such burials are Indian, as 
 18.12  determined by the state archaeologist, efforts shall be made by 
 18.13  the state archaeologist and the Indian affairs council to 
 18.14  ascertain their tribal identity.  If their probable tribal 
 18.15  identity can be determined, such remains shall, at the 
 18.16  discretion of the state archaeologist and Indian affairs 
 18.17  council, be turned over to contemporary tribal leaders for 
 18.18  disposition.  If it is deemed desirable by the state 
 18.19  archaeologist or the Indian affairs council, such remains shall 
 18.20  be studied by a qualified professional archaeologist before 
 18.21  being delivered to the tribal leaders.  If tribal identity 
 18.22  cannot be determined, the Indian remains must be dealt with in 
 18.23  accordance with provisions established by the state 
 18.24  archaeologist and the Indian affairs council.  
 18.25     Sec. 27.  Minnesota Statutes 1999 Supplement, section 
 18.26  307.08, subdivision 8, is amended to read: 
 18.27     Subd. 8.  [BURIAL GROUND RELOCATION.] No authenticated and 
 18.28  identified Indian burial ground may be relocated unless the 
 18.29  request to relocate is approved by the Indian affairs council 
 18.30  state archaeologist.  When the Indian burial ground is located 
 18.31  on public lands or waters, the cost of removal is the 
 18.32  responsibility of and shall be paid by the state or political 
 18.33  subdivision controlling the lands or waters.  If large Indian 
 18.34  burial grounds are involved, efforts shall be made by the state 
 18.35  to purchase and protect them instead of removing them to another 
 18.36  location. 
 19.1      Sec. 28.  Minnesota Statutes 1999 Supplement, section 
 19.2   307.08, subdivision 9, is amended to read: 
 19.3      Subd. 9.  [INTERAGENCY COOPERATION.] The department of 
 19.4   natural resources, the department of transportation, and all 
 19.5   other state agencies and local governmental units whose 
 19.6   activities may be affected, shall cooperate with the state 
 19.7   archaeologist and the Indian affairs council to carry out the 
 19.8   provisions of this section. 
 19.9      Sec. 29.  Minnesota Statutes 1999 Supplement, section 
 19.10  307.08, subdivision 10, is amended to read: 
 19.11     Subd. 10.  [CONSTRUCTION AND DEVELOPMENT PLAN REVIEW.] When 
 19.12  Indian burials are known or suspected to exist, on public lands 
 19.13  or waters, the state or political subdivision controlling the 
 19.14  lands or waters shall submit construction and development plans 
 19.15  to the state archaeologist and the Indian affairs council for 
 19.16  review prior to the time bids are advertised.  The state 
 19.17  archaeologist and the Indian affairs council shall promptly 
 19.18  review the plans and make recommendations for the preservation 
 19.19  or removal of the human burials or remains, which may be 
 19.20  endangered by construction or development activities. 
 19.21     Sec. 30.  Minnesota Statutes 1998, section 307.082, 
 19.22  subdivision 2, is amended to read: 
 19.23     Subd. 2.  [ACTION.] A person or entity listed in 
 19.24  subdivision 1 may maintain a civil action seeking a temporary or 
 19.25  permanent injunction, damages, or other appropriate relief 
 19.26  against a person who is alleged to have committed a violation of 
 19.27  section 307.08, subdivision 2.  The action must be brought 
 19.28  within two years after the alleged violation is discovered and 
 19.29  reported to the state archaeologist or the Indian affairs 
 19.30  council.  The action must be filed in either the district court 
 19.31  of the county in which the subject burial ground is located or 
 19.32  in which the defendant resides. 
 19.33     Sec. 31.  Minnesota Statutes 1998, section 462A.07, 
 19.34  subdivision 15, is amended to read: 
 19.35     Subd. 15.  [URBAN INDIAN HOUSING PROGRAM.] It may engage in 
 19.36  housing programs for low and moderate income American Indians 
 20.1   residing in the metropolitan area defined in section 473.121, 
 20.2   subdivision 2, cities with a population greater than 50,000 
 20.3   persons, and cities with an American Indian population greater 
 20.4   than 1,000 persons.  The programs shall demonstrate innovative 
 20.5   methods of providing housing for urban Indians, may involve the 
 20.6   construction, purchase, and rehabilitation of residential 
 20.7   housing, and may be administered through any other provision of 
 20.8   this chapter.  To the extent possible, the programs shall 
 20.9   combine appropriated money with other money from both public and 
 20.10  private sources, except that interest earned on the portion of 
 20.11  an appropriation to be expended for Indian housing programs in 
 20.12  the city of Duluth does not have to be combined with money from 
 20.13  other sources.  Effective June 30, 1985, all money allocated by 
 20.14  the agency under this subdivision to programs for urban Indian 
 20.15  housing that are not subject to active contracts shall be 
 20.16  reallocated by the agency to programs to fulfill the purposes of 
 20.17  this subdivision.  Members of boards, committees, or other 
 20.18  governing bodies of organizations administering the urban Indian 
 20.19  programs authorized by this subdivision must be compensated for 
 20.20  those services as provided in section 15.0575.  The agency shall 
 20.21  consult with the advisory council on urban Indians created 
 20.22  pursuant to section 3.922, subdivision 8, in the development of 
 20.23  programs pursuant to this subdivision. 
 20.24     Sec. 32.  Minnesota Statutes 1998, section 611A.78, 
 20.25  subdivision 1, is amended to read: 
 20.26     Subdivision 1.  [MEMBERSHIP.] A crime victim services 
 20.27  roundtable is created and shall be convened by the commissioner 
 20.28  of administration or a designee.  The roundtable membership 
 20.29  shall include representatives from the following:  the 
 20.30  departments of health; human services; children, families, and 
 20.31  learning; corrections; and public safety; the supreme court; the 
 20.32  Minnesota planning agency; the office of the attorney general; 
 20.33  the office of crime victim ombudsman; the county attorneys 
 20.34  association; and the office of dispute resolution.  The 
 20.35  roundtable membership shall also include one person representing 
 20.36  the four councils designated in sections 3.922, 3.9223, 3.9225, 
 21.1   and 3.9226. 
 21.2      Sec. 33.  [REPEALER.] 
 21.3      Minnesota Statutes 1998, section 116J.64, subdivision 5, is 
 21.4   repealed. 
 21.5      Sec. 34.  [EFFECTIVE DATE.] 
 21.6      Sections 1 to 33 are effective July 1, 2001.