HF 784

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/09/2021 12:48pm

A bill for an act
relating to state government; appropriating money directed at ending systemic
racism; adopting provisions that address racial injustice and systemic racism;
requiring reports.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATION; MINNESOTA DEPARTMENT OF HUMAN RIGHTS.
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new text begin $20,000,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of human rights to:
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new text begin (1) fully implement all the functions and duties of the commissioner under Minnesota
Statutes, chapter 363A;
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new text begin (2) increase staffing levels; and
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new text begin (3) create and staff regional human rights offices throughout the state.
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new text begin This is a onetime appropriation and is available until June 30, 2024.
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Sec. 2. new text begin APPROPRIATION; CULTURE AND HERITAGE PRESERVATION.
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new text begin $70,000,000 in fiscal year 2022 is appropriated from the general fund to the Minnesota
Arts Board to establish an African American Advisory Committee to establish grants for
established and emerging African American cultural and arts organizations throughout the
state that will:
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new text begin (1) develop and sustain African American cultural arts programming;
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new text begin (2) preserve and expand African American cultural facilities in communities; and
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new text begin (3) develop and preserve public and private places in the state that are significant to
African Americans.
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new text begin This is a onetime appropriation and is available until June 30, 2024.
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Sec. 3. new text begin APPROPRIATION; ENTREPRENEURIAL AND BUSINESS TRAINING
AND ASSISTANCE.
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new text begin (a) $50,000,000 in fiscal year 2022 is appropriated from the general fund to the
commissioner of the Department of Employment and Economic Development for grants to
African American organizations to:
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new text begin (1) strengthen entrepreneurial and business training and technical support;
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new text begin (2) establish African American-controlled business developments in St. Paul,
Minneapolis, St. Cloud, Duluth, Rochester, and Mankato; and
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new text begin (3) provide financial assistance in a usable form to African American businesses
throughout the state.
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new text begin (b) No later than January 15, 2023, the commissioner must submit a report to the chairs
and ranking minority members of the legislative committees with jurisdiction over economic
development detailing the grants awarded under this section, including information on the
geographic distribution of grants and how the grant funds are expected to be used.
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new text begin (c) This is a onetime appropriation and is available until June 30, 2024. The grants made
under this section must be allocated to organizations located in the cities listed in paragraph
(a), clause (2), on a per capita basis.
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Sec. 4. new text begin APPROPRIATION; HOUSING STABILITY INITIATIVE.
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new text begin $80,000,000 in fiscal year 2022 is appropriated from the general fund to the Minnesota
Housing Finance Agency for grants to African American organizations to:
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new text begin (1) increase available, affordable housing and homeownership; and
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new text begin (2) provide tenant and landlord mediation services in communities throughout the state.
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new text begin This is a onetime appropriation and is available until June 30, 2024.
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Sec. 5. new text begin APPROPRIATION; PHILANDO Next CASTILE FAMILY AND COMMUNITY
SERVICE CENTERS.
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new text begin $30,000,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of human services to establish five African American-run family and community service
centers to be named for Previous Philando Castile in Minneapolis, St. Paul, Duluth, St. Cloud, and
Rochester. The service centers shall provide:
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new text begin (1) trauma-informed care;
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new text begin (2) foster care and adoption placement;
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new text begin (3) tutorial services;
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new text begin (4) guidance counseling;
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new text begin (5) family therapy; and
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new text begin (6) family advocacy.
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new text begin This is a onetime appropriation and is available until June 30, 2024.
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Sec. 6. new text begin APPROPRIATION; CULTURALLY COMPETENT HEALTH SERVICES.
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new text begin $50,000,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of health to establish and support regional health clinics operated by African Americans
that focus on services to African Americans and to eradicate health disparities. This is a
onetime appropriation and is available until June 30, 2024.
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Sec. 7. new text begin APPROPRIATION; SCHOOL BREAKFAST AND LUNCH DEBT
FORGIVENESS.
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new text begin $40,000,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of education to create a school breakfast and lunch debt forgiveness fund for school districts
so that no child will go hungry while in school. This is a onetime appropriation and is
available until June 30, 2024.
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Sec. 8. new text begin APPROPRIATION; GUIDANCE COUNSELING AND TUTORIAL
SERVICES.
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new text begin $20,000,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of education to provide school districts to establish guidance counseling and tutorial services
for African American students using retired African American teachers and administrators
and African American college students to provide these services. This is a onetime
appropriation and is available until June 30, 2024.
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Sec. 9. new text begin APPROPRIATION; STEM TRAINING AND TECHNOLOGY ACCESS.
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new text begin $20,000,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of education to provide grants to African American organizations to develop and operate
STEM training programs targeted to African American students and to develop and
implement strategies that expand technology access in African American communities. This
is a onetime appropriation and is available until June 30, 2024.
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Sec. 10. new text begin APPROPRIATION; URBAN AGRICULTURE.
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new text begin $10,000,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of agriculture to provide grants to fund African American urban agriculture initiatives that
will address fresh food access and food deserts in African American communities. This is
a onetime appropriation and is available until June 30, 2024.
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Sec. 11. new text begin APPROPRIATION; AUDITS OF EQUAL OPPORTUNITY.
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new text begin $1,000,000 in fiscal year 2022 is appropriated from the general fund to the state auditor
to establish a citizen oversight committee to conduct audits of the state and all its agencies
and departments to:
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new text begin (1) evaluate the state's affirmative action program and equal opportunity programs in
the state procurement process and to determine compliance;
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new text begin (2) analyze the state's investment in human rights enforcement administration to assess
financial, social, and community impact; and
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new text begin (3) report findings and recommendations to the governor and the legislature for the
beginning of the 2023 legislative session.
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new text begin This is a onetime appropriation.
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Sec. 12. new text begin APPROPRIATION; JUDICIAL FAIRNESS AUDIT.
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new text begin $1,000,000 in fiscal year 2022 is appropriated from the general fund to the state auditor
to establish a citizen oversight committee to:
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new text begin (1) conduct audits of the state's judicial branch administrative application of the state's
affirmative action program and equal opportunity program in the provision of the state's
procurement act;
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new text begin (2) analyze the state's changes to criminal and civil procedures related to the state's
demographics to determine financial, human, and community impacts; and
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new text begin (3) report findings and recommendations to the governor and legislature for the beginning
of the 2023 legislative session.
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new text begin This is a onetime appropriation.
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Sec. 13. new text begin APPROPRIATION; CRIME AND VIOLENCE PREVENTION.
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new text begin $15,000,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of public safety for grants to African American organizations to implement police-community
relationship initiatives and build proactive community-based crime and violence prevention
initiatives in African American communities throughout the state. This is a onetime
appropriation and is available until June 30, 2024.
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Sec. 14. new text begin APPROPRIATION; RECIDIVISM REDUCTION SERVICES.
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new text begin $50,000,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of corrections to provide grants to African American organizations to provide recidivism
reduction services for African American ex-inmates returning to their communities. This
is a onetime appropriation and is available until June 30, 2024.
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ARTICLE 2

POLICY PROVISIONS

Section 1. new text begin AFFIRMATIVE ACTION.
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new text begin Subdivision 1. new text end

new text begin Duties of commissioner. new text end

new text begin The commissioner of management and budget
shall provide oversight and enforcement to all state agencies, departments, and offices by:
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new text begin (1) directing all state agencies, departments, and offices to implement current and future
layoffs, furloughs, pay cuts, or freezes of job vacancies in all job categories so as not to
result in a disparate impact on each protected group;
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new text begin (2) implementing actions to prevent regression in each protected group of employees
the state has gained in recent years that addressed, to some extent, the historic underutilization
of each protected group; and
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new text begin (3) auditing the use of the statewide affirmative action program by state agencies,
departments, and offices for the filling of all current vacancies where underutilization of
each protected group exists.
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new text begin Subd. 2. new text end

new text begin Quarterly progress report. new text end

new text begin On a quarterly basis beginning October 1, 2021,
the commissioner must prepare a report detailing progress in implementing the duties
required by this section. The report must be published on the commissioner's website and
provided to the chairs and ranking minority members of the legislative committees with
jurisdiction over state government finance and policy.
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Sec. 2. new text begin CONTRACT PROCUREMENT.
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new text begin Subdivision 1. new text end

new text begin Duties of commissioner. new text end

new text begin The commissioner of administration shall:
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new text begin (1) enhance a narrowly tailored race-based, business-conscious contract procurement
program that emphasizes utilizing African American-owned businesses that is designed to
ensure equal participation of all businesses based on the proportion of their availability by
race, gender, disability, and veteran status; and
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new text begin (2) utilize a race-conscious approach to remedy the statistical disparities identified in
the state's disparity studies included in Mason Tillman, 1999; MGT America, 2009; and
Keenen Research Group, 2018.
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new text begin Subd. 2. new text end

new text begin Quarterly progress report. new text end

new text begin On a quarterly basis beginning October 1, 2021,
the commissioner must prepare a report detailing progress in implementing the duties
required by this section. The report must be published on the commissioner's website and
provided to the chairs and ranking minority members of the legislative committees with
jurisdiction over state government finance and policy.
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Sec. 3. new text begin CULTURAL COMPETENCY IN LAW ENFORCEMENT.
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new text begin The commissioner of public safety in collaboration with the Board of Peace Officer
Standards and Training shall propose legislation that is aimed at requiring a public safety
officer as defined in Minnesota Statutes section 299A.41, subdivision 4, to pass a
psychological evaluation and a written examination on cultural competency before being
allowed to serve as a public safety officer in the state.
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