HF 3333

as introduced - 88th Legislature (2013 - 2014) Posted on 04/03/2014 11:45am

A bill for an act
relating to state government; transferring certain state councils to the Minnesota
Department of Human Rights; creating an American Indian Liaison Office
in Minnesota Management and Budget; amending Minnesota Statutes 2012,
sections 3.9223, subdivision 5; 3.9225, subdivision 5; 3.9226, subdivision 5;
307.08, as amended; 363A.06, by adding a subdivision; repealing Minnesota
Statutes 2012, section 3.922, subdivisions 1, 3, 4, 5, 6, 7, 8, 10, 11.

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

Section 1.

Minnesota Statutes 2012, section 3.9223, subdivision 5, is amended to read:

Subd. 5.

Powers.

The council may contract in its own name. 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 power and duties specified in this section.

The council shall appoint an executive director who is experienced in administrative
activities and familiar with the problems and needs of Chicano/Latino people. The council
may delegate to the executive director powers and duties under this section that do not
require council approval. The executive director and council staff serve in the unclassified
service. deleted text begin The executive director may be removed at any time by a majority vote of the
entire council. The executive director shall recommend to the council the appropriate
staffing necessary to carry out its duties. The commissioner of administration shall provide
the council with necessary administrative services. deleted text end new text begin The commissioner of human rights
shall also prescribe the duties of the executive director and have oversight of work plans
and performance measures that meet outcomes for transparency and accountability.
new text end

Sec. 2.

Minnesota Statutes 2012, section 3.9225, subdivision 5, is amended to read:

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 deleted text begin council deleted text end new text begin Minnesota Department of Human Rights new text end 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. new text begin The commissioner of human rights shall
also prescribe the duties of the executive director and have oversight of work plans and
performance measures that meet outcomes for transparency and accountability. new text end The
executive director serves in the unclassified service deleted text begin and may be removed at any time by
the council. The executive director shall recommend to the council, and the council may
appoint the appropriate staff necessary to carry out its duties deleted text end . Staff members serve in the
unclassified service. deleted text begin The commissioner of administration shall provide the council with
necessary administrative services.
deleted text end

Sec. 3.

Minnesota Statutes 2012, section 3.9226, subdivision 5, is amended to read:

Subd. 5.

Powers.

(a) 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.

(b) The council shall appoint an executive director who is experienced in
administrative activities and familiar with the problems and needs of Asian-Pacific people.
The council may delegate to the executive director powers and duties under this section that
do not require council approval. new text begin The commissioner of human rights shall also prescribe
the duties of the executive director and have oversight of work plans and performance
measures that meet outcomes for transparency and accountability. new text end The executive director
serves in the unclassified service deleted text begin and may be removed at any time by the council. The
executive director shall appoint the appropriate staff necessary to carry out the duties of
the council deleted text end . All staff members serve in the unclassified service. deleted text begin The commissioner of
administration shall provide the council with necessary administrative services.
deleted text end

Sec. 4.

Minnesota Statutes 2012, section 307.08, as amended by Laws 2013, chapter
142, article 3, section 36, is amended to read:

307.08 DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS;
BURIALS; CEMETERIES; PENALTY; AUTHENTICATION.

Subdivision 1.

Legislative intent; scope.

It is a declaration and statement of
legislative intent that all human burials, human remains, and human burial grounds shall
be accorded equal treatment and respect for human dignity without reference to their
ethnic origins, cultural backgrounds, or religious affiliations. The provisions of this
section shall apply to all human burials, human remains, or human burial grounds found
on or in all public or private lands or waters in Minnesota.

Subd. 2.

Felony; gross misdemeanor.

(a) A person who intentionally, willfully,
and knowingly does any of the following is guilty of a felony:

(1) destroys, mutilates, or injures human burials or human burial grounds; or

(2) without the consent of the appropriate authority, disturbs human burial grounds
or removes human remains.

(b) A person who, without the consent of the appropriate authority and the
landowner, intentionally, willfully, and knowingly does any of the following is guilty
of a gross misdemeanor:

(1) removes any tombstone, monument, or structure placed in any public or private
cemetery or authenticated human burial ground; or

(2) removes any fence, railing, or other work erected for protection or ornament,
or any tree, shrub, or plant or grave goods and artifacts within the limits of a public or
private cemetery or authenticated human burial ground; or

(3) discharges any firearms upon or over the grounds of any public or private
cemetery or authenticated burial ground.

Subd. 3.

Protective posting.

Upon the agreement of the appropriate authority and
the landowner, an authenticated or recorded human burial ground may be posted for
protective purposes every 75 feet around its perimeter with signs listing the activities
prohibited by subdivision 2 and the penalty for violation of it. Posting is at the discretion
of the new text begin American new text end Indian deleted text begin affairs council deleted text end new text begin Liaison Office new text end in the case of Indian burials or at the
discretion of the state archaeologist in the case of non-Indian burials. This subdivision
does not require posting of a burial ground. The size, description, location, and
information on the signs used for protective posting must be approved by the appropriate
authority and the landowner.

Subd. 3a.

Authentication.

The state archaeologist shall authenticate all burial
grounds for purposes of this section. The state archaeologist may retain the services
of a qualified professional archaeologist, a qualified physical anthropologist, or other
appropriate experts for the purpose of gathering information that the state archaeologist
can use to authenticate or identify burial grounds. If probable Indian burial grounds are to
be disturbed or probable Indian remains analyzed, the new text begin American new text end Indian deleted text begin Affairs Council
deleted text end new text begin Liaison Office new text end must approve the professional archaeologist, qualified anthropologist, or
other appropriate expert. Authentication is at the discretion of the state archaeologist
based on the needs identified in this section or upon request by an agency, a landowner, or
other appropriate authority.

Subd. 5.

Cost; use of data.

The cost of authentication, recording, surveying, and
marking burial grounds and the cost of identification, analysis, rescue, and reburial of
human remains on public lands or waters shall be the responsibility of the state or political
subdivision controlling the lands or waters. On private lands or waters these costs shall
be borne by the state, but may be borne by the landowner upon mutual agreement with
the state. The state archaeologist must make the data collected for this activity available
using standards adopted by the Office of MN.IT Services and geospatial technology
standards and guidelines published by the Minnesota Geospatial Information Office. Costs
associated with this data delivery must be borne by the state.

Subd. 7.

Remains found outside of recorded cemeteries.

All unidentified human
remains or burials found outside of recorded cemeteries or unplatted graves or burials
found within recorded cemeteries and in contexts which indicate antiquity greater than
50 years shall be dealt with according to the provisions of this section. If such burials
are not Indian or their ethnic identity cannot be ascertained, as determined by the state
archaeologist, they shall be dealt with in accordance with provisions established by
the state archaeologist and other appropriate authority. If such burials are Indian, as
determined by the state archaeologist, efforts shall be made by the state archaeologist and
the new text begin American new text end Indian deleted text begin Affairs Council deleted text end new text begin Liaison Office new text end to ascertain their tribal identity. If
their probable tribal identity can be determined and the remains have been removed from
their original context, such remains shall be turned over to contemporary tribal leaders for
disposition. If tribal identity cannot be determined, the Indian remains must be dealt with in
accordance with provisions established by the state archaeologist and the new text begin American new text end Indian
deleted text begin Affairs Council deleted text end new text begin Liaison Office new text end if they are from public land. If removed Indian remains
are from private land they shall be dealt with in accordance with provisions established
by the new text begin American new text end Indian deleted text begin Affairs Council deleted text end new text begin Liaison Office new text end . If it is deemed desirable by the
state archaeologist or the new text begin American new text end Indian deleted text begin Affairs Council deleted text end new text begin Liaison Office new text end , removed
remains shall be studied in a timely and respectful manner by a qualified professional
archaeologist or a qualified physical anthropologist before being delivered to tribal leaders
or before being reburied. Application by a landowner for permission to develop or disturb
nonburial areas within authenticated or recorded burial grounds shall be made to the state
archaeologist and other appropriate authority in the case of non-Indian burials and to the
new text begin American new text end Indian deleted text begin Affairs Council deleted text end new text begin Liaison Office new text end and other appropriate authority in the
case of Indian burials. Landowners with authenticated or suspected human burial grounds
on their property are obligated to inform prospective buyers of the burial ground.

Subd. 8.

Burial ground relocation.

No non-Indian burial ground may be relocated
without the consent of the appropriate authority. No Indian burial ground may be relocated
unless the request to relocate is approved by the new text begin American new text end Indian deleted text begin Affairs Council deleted text end new text begin Liaison
Office new text end . When a burial ground is located on public lands or waters, any burial relocations
must be duly licensed under section 138.36 and the cost of removal is the responsibility
of and shall be paid by the state or political subdivision controlling the lands or waters.
If burial grounds are authenticated on private lands, efforts may be made by the state to
purchase and protect them instead of removing them to another location.

Subd. 9.

Interagency cooperation.

The Department of Natural Resources, the
Department of Transportation, and all other state agencies and local governmental units
whose activities may be affected, shall cooperate with the state archaeologist and the
new text begin American new text end Indian deleted text begin Affairs Council deleted text end new text begin Liaison Office new text end to carry out the provisions of this section.

Subd. 10.

Construction and development plan review.

When human burials are
known or suspected to exist, on public lands or waters, the state or political subdivision
controlling the lands or waters or, in the case of private lands, the landowner or developer,
shall submit construction and development plans to the state archaeologist for review
prior to the time bids are advertised and prior to any disturbance within the burial area.
If the known or suspected burials are thought to be Indian, plans shall also be submitted
to the new text begin American new text end Indian deleted text begin Affairs Council deleted text end new text begin Liaison Office new text end . The state archaeologist and the
new text begin American new text end Indian deleted text begin Affairs Council deleted text end new text begin Liaison Office new text end shall review the plans within 30 days of
receipt and make recommendations for the preservation in place or removal of the human
burials or remains, which may be endangered by construction or development activities.

Subd. 11.

Burial sites data.

Burial sites locational and related data maintained
by the Office of the State Archaeologist and accessible through the office's "Unplatted
Burial Sites and Earthworks in Minnesota" Web site are security information for purposes
of section 13.37. Persons who gain access to the data maintained on the site are subject
to liability under section 13.08 and the penalty established by section 13.09 if they
improperly use or further disseminate the data.

Subd. 12.

Right of entry.

The state archaeologist may enter on property for the
purpose of authenticating burial sites. Only after obtaining permission from the property
owner or lessee, descendants of persons buried in burial grounds covered by this section
may enter the burial grounds for the purpose of conducting religious or commemorative
ceremonies. This right of entry must not unreasonably burden property owners or
unnecessarily restrict their use of the property.

Subd. 13.

Definitions.

As used in this section, the following terms have the
meanings given.

(a) "Abandoned cemetery" means a cemetery where the cemetery association has
disbanded or the cemetery is neglected and contains marked graves older than 50 years.

(b) "Appropriate authority" means:

(1) the trustees when the trustees have been legally defined to administer burial
grounds;

(2) the new text begin American new text end Indian deleted text begin Affairs Council deleted text end new text begin Liaison Office new text end in the case of Indian burial
grounds lacking trustees;

(3) the county board in the case of abandoned cemeteries under section 306.243; and

(4) the state archaeologist in the case of non-Indian burial grounds lacking trustees
or not officially defined as abandoned.

(c) "Artifacts" means natural or artificial articles, objects, implements, or other
items of archaeological interest.

(d) "Authenticate" means to establish the presence of or high potential of human
burials or human skeletal remains being located in a discrete area, delimit the boundaries
of human burial grounds or graves, and attempt to determine the ethnic, cultural, or
religious affiliation of individuals interred.

(e) "Burial" means the organic remnants of the human body that were intentionally
interred as part of a mortuary process.

(f) "Burial ground" means a discrete location that is known to contain or has high
potential to contain human remains based on physical evidence, historical records, or
reliable informant accounts.

(g) "Cemetery" means a discrete location that is known to contain or intended to be
used for the internment of human remains.

(h) "Disturb" means any activity that significantly harms the physical integrity or
setting of a human burial or human burial ground.

(i) "Grave goods" means objects or artifacts directly associated with human burials or
human burial grounds that were placed as part of a mortuary ritual at the time of internment.

(j) "Human remains" means the calcified portion of the human body, not including
isolated teeth, or cremated remains deposited in a container or discrete feature.

(k) "Identification" means to analyze organic materials to attempt to determine if
they represent human remains and to attempt to establish the ethnic, cultural, or religious
affiliations of such remains.

(l) "Marked" means a burial that has a recognizable tombstone or obvious grave
marker in place or a legible sign identifying an area as a burial ground or cemetery.

(m) "Qualified physical anthropologist" means a specialist in identifying human
remains who holds an advanced degree in anthropology or a closely related field.

(n) "Qualified professional archaeologist" means an archaeologist who meets the
United States Secretary of the Interior's professional qualification standards in Code of
Federal Regulations, title 36, part 61, appendix A, or subsequent revisions.

(o) "Recorded cemetery" means a cemetery that has a surveyed plat filed in a
county recorder's office.

(p) "State" or "the state" means the state of Minnesota or an agency or official of the
state acting in an official capacity.

(q) "Trustees" means the recognized representatives of the original incorporators,
board of directors, or cemetery association.

Sec. 5.

Minnesota Statutes 2012, section 363A.06, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Oversight of councils of color. new text end

new text begin The commissioner shall establish
measurable outcomes for each council, taking into account the unique cultural practices of
each group represented by the respective council. As used in this subdivision, "measurable
outcomes" means outcomes, indicators, or other performance measures that may be
quantified when possible or otherwise measured in order to evaluate the effectiveness of
the councils in meeting intended goals or purposes. In addition to the duties required by
the respective council, the commissioner shall help establish work plans and performance
measures for executive directors that meet outcomes for transparency and accountability.
new text end

Sec. 6. new text begin TRANSFER OF CERTAIN COUNCILS TO THE MINNESOTA
DEPARTMENT OF HUMAN RIGHTS.
new text end

new text begin The Council on Affairs of Chicano/Latino People under section 3.9223; the
Council on Black Minnesotans under section 3.9225; and the Council on Asian-Pacific
Minnesotans under section 3.9226 are transferred to the Minnesota Department of Human
Rights under section 15.039. All the responsibilities, powers, duties, rights, obligations,
and other authority imposed by law on the specific councils is transferred to the Minnesota
Department of Human Rights pursuant to section 15.039. All personnel, appropriations,
contracts, and other organizational matters of each individual council named in this section
are transferred to the Minnesota Department of Human Rights pursuant to section 15.039.
new text end

Sec. 7. new text begin COMMISSIONER OF HUMAN RIGHTS ADVISORY TASK FORCE.
new text end

new text begin The commissioner of human rights shall convene a task force to study and make
recommendations to the legislature on creating advisory groups for cultural groups
now represented under the respective councils listed in section 6. The commissioner
shall engage representatives from the various groups now represented by the councils
listed in section 6 to serve on the task force. In addition, the governor shall appoint a
representative, and the majority and minority leaders of the house of representatives and
senate shall appoint one member each to serve on the task force. The task force shall issue
a report with recommendations to the legislature by January 15, 2015.
new text end

Sec. 8. new text begin AMERICAN INDIAN LIAISON OFFICE.
new text end

new text begin (a) The commissioner of Minnesota Management and Budget shall create an
American Indian Liaison Office in the Office of Minnesota Management and Budget.
Since tribal governments are considered "domestic dependent nations" by the federal
government, they have a unique and distinct relationship with federal and state
governments. The purpose of the American Indian Liaison Office is to provide liaison
services between the state and the eleven tribal governments in Minnesota. The liaison
office shall serve as the primary point of contact between the state and individual tribal
governments in Minnesota in order to maximize partnerships with tribal governments,
address tribal concerns, and work collaboratively to develop guidance on matters of
mutual tribal and state interests. In addition, the liaison office shall collaborate with other
state agencies to develop guidance on issues involving tribal governments.
new text end

new text begin (b) The staff, resources, and appropriations of the Indian Affairs Council under
section 3.922 are transferred to Minnesota Management and Budget under section 15.039
to carry out the duties of the Indian Affairs Council. Matters pertaining to Indian burial
grounds and language revitalization shall continue under the American Indian Liaison
Office.
new text end

Sec. 9. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall replace "Indian Affairs Council" with "American Indian
Liaison Office" wherever it appears in Minnesota Statutes and Minnesota Rules.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 3.922, subdivisions 1, 3, 4, 5, 6, 7, 8, 10, and 11,
new text end new text begin are repealed when the American Indian Liaison Office under section 8 is operational.
new text end