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HF 2689

as introduced - 90th Legislature (2017 - 2018) Posted on 06/21/2017 11:01am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - as introduced

A bill for an act
relating to state government; establishing a Council on LGBTQI Minnesotans;
proposing coding for new law in Minnesota Statutes, chapter 15.

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

Section 1.

[15.0146] COUNCIL ON LGBTQI MINNESOTANS.

Subdivision 1.

Council established; membership.

(a) The Council on LGBTQI
Minnesotans is established. The council consists of 16 voting members, appointed as provided
in this subdivision. The governor may additionally appoint a commissioner of a state agency
or a designee of that commissioner to serve as an ex-officio, nonvoting member of the
council.

(b) The governor shall appoint a total of 12 public voting members, as follows: two
members who identify as gay, two members who identify as lesbian, two members who
identify as bisexual, two members who identify as transgender, two members who identify
as queer, and two members who identify as intersex.

(c) Four legislators shall be appointed to the council, as follows: the speaker of the house
and the house of representatives minority leader shall each appoint one member of the house
of representatives, and the Subcommittee on Committees of the Senate Committee on Rules
and Administration shall appoint one member of the senate majority caucus and one member
of the senate minority caucus.

Subd. 2.

Appointments; terms; removal.

(a) In making appointments to the council,
the governor shall consider an appointee's proven dedication and commitment to Minnesota's
LGBTQI 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 and legislative members may offer advice to the
governor on applicants seeking appointment.

(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 is automatically 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 the 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.

(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.

Subd. 3.

Training; executive committee; meetings; support.

(a) A member appointed
by the governor must attend orientation training within the first six months of service for
the member's initial term. The commissioner of administration must arrange for the training
to include but not be limited to the legislative process, government data practices, ethics,
conflicts of interest, 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.

(b) The 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.

(c) Forty percent of voting members of the 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.

(d) The council shall receive administrative support from the commissioner of
administration under section 16B.371. The council may contract in its own name but may
not accept or receive a loan or incur indebtedness except as otherwise provided by law.
Contracts must 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 powers and duties specified in this
section.

(e) The attorney general shall provide legal services to the council on behalf of the state
on all matters relating to the council, including matters relating to the state as the employer
of the executive director of the council and other council staff.

Subd. 4.

Executive director; staff.

(a) The Legislative Coordinating Commission must
appoint an executive director for the council. The executive director must be experienced
in administrative activities and familiar with the challenges and needs of Minnesota's
LGBTQI community. The executive director serves in the unclassified service at the pleasure
of the Legislative Coordinating Commission.

(b) The Legislative Coordinating Commission must establish a process for recruiting
and selecting applicants for the executive director position. This process must include
consultation and collaboration with the council.

(c) The executive director and council members must work together in fulfilling council
duties. The executive director must consult with the commissioner of administration to
ensure appropriate financial, purchasing, human resources, and other services for operation
of the council.

(d) Once appointed, the council is responsible for supervising the work of its director.
The council chair must report to the chair of the Legislative Coordinating Commission
regarding the performance of the executive director, including any recommendations
regarding disciplinary actions. The executive director must appoint and supervise the work
of other staff necessary to carry out the duties of the council. The executive director must
consult with the council chair prior to taking the following disciplinary actions with council
staff: written reprimand, suspension, demotion, or discharge. The executive director and
other council staff are executive branch employees.

(e) The executive director must submit the council's biennial budget request to the
commissioner of management and budget as provided under chapter 16A.

Subd. 5.

Duties of council.

(a) The council must work for the implementation of
economic, social, legal, and political equality for Minnesota's LGBTQI community. The
council shall work with the legislature and governor to carry out this work by performing
the duties in this section.

(b) The council shall advise the governor and the legislature on issues confronting the
community. 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.

(c) The council shall advise the governor and the legislature of administrative and
legislative changes needed to improve the economic and social condition of Minnesota's
LGBTQI community. This may include but is not limited to working with legislators to
develop 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, or working with state agencies and
organizations to develop business opportunities and promote economic development for
the LGBTQI community.

(d) The 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.

(e) The council shall serve as a liaison between state government and organizations that
serve Minnesota's LGBTQI community. 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 community in seeking improvement in their economic and social conditions.

(f) The council shall perform or contract for the performance of studies designed to
suggest solutions to the problems of Minnesota's LGBTQI community in the areas of
education, employment, human rights, health, housing, social welfare, and other related
areas.

(g) In carrying out duties under this subdivision, the council may act to advise on issues
that affect the shared constituencies with the councils established in section 15.0145.

Subd. 6.

Duties of council members.

A council member shall:

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

(2) maintain and build communication with Minnesota's LGBTQI community;

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

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

Subd. 7.

Reports.

The 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. 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
biennial budget of each council must be submitted to the Legislative Coordinating
Commission by February 1 in each odd-numbered year.

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