Minnesota Legislature
SF 1048
2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - 2nd Engrossment
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A bill for an act
relating to state government; changing the state Indian Affairs Council; amending
Minnesota Statutes 2006, section 3.922.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 3.922, is amended to read:
3.922 INDIAN AFFAIRS COUNCIL.
Subdivision 1.
Creation, membership.
The state Indian Affairs Council is created
to consist of the following deleted text begin ex officiodeleted text end members:
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the governor or a member of the governor's official staff designated by the governor,
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the commissioner of education,
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the commissioner of human services,
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the commissioner of natural resources,
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the commissioner of human rights,
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the commissioner of employment and economic development,
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the commissioner of corrections,
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the commissioner of the Minnesota Housing Finance Agency,
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the commissioner of Iron Range resources and rehabilitation,
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the commissioner of health,
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the commissioner of transportation,
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the commissioner of administration,
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each of whom may designate a staff member to serve instead, and
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three members of the house of representatives appointed by the speaker, and three
members of the senate appointed by its Subcommittee on Committees.
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Voting members of the council are the elected tribal chair of:
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new text begin (1) one member of each of the following federally recognized tribes, designated by
the elected tribal president or chairperson of the governing bodies of: new text end the Fond du Lac
deleted text begin Reservation Business Committeedeleted text end new text begin Bandnew text end ;
the Grand Portage deleted text begin Reservation Business Committeedeleted text end new text begin Bandnew text end ;
the Mille Lacs deleted text begin Reservation Business Committeedeleted text end new text begin Bandnew text end ;
the White Earth deleted text begin Reservation Business Committeedeleted text end new text begin Bandnew text end ;
the Bois Forte (Nett Lake) deleted text begin Reservation Business Committeedeleted text end new text begin Bandnew text end ;
the Leech Lake deleted text begin Reservation Business Committeedeleted text end new text begin Bandnew text end ;
the Red Lake deleted text begin Tribal Councildeleted text end new text begin Nationnew text end ;
the Upper Sioux deleted text begin board of trusteesdeleted text end new text begin Communitynew text end ;
the Lower Sioux deleted text begin Tribal Councildeleted text end new text begin Communitynew text end ;
the Shakopee-Mdewankanton deleted text begin General Councildeleted text end new text begin Sioux Communitynew text end ;
the Prairie Island deleted text begin Tribal Councildeleted text end new text begin Mdewakanton Dakota Communitynew text end ; deleted text begin and
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two members to be selected under subdivision 2.
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(2) a member of the governor's official staff designated by the governor;
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the commissioner of education;
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the commissioner of human services;
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the commissioner of natural resources;
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the commissioner of human rights;
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the commissioner of employment and economic development;
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the commissioner of corrections;
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the commissioner of the Minnesota Housing Finance Agency;
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the commissioner of Iron Range resources and rehabilitation;
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the commissioner of health;
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the commissioner of transportation;
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the commissioner of veterans affairs;
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the commissioner of administration;
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Each of the commissioners listed in this clause may designate a staff member to
serve on the council instead of the commissioner;
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(3) two members of the house of representatives, appointed by the speaker; and
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(4) two members of the senate, appointed by its Subcommittee on Committees.
new text end
deleted text begin The chairs of the Indian committees, trusts, or councils may designate in writing a member
who has been elected at large to an office in the committee, trust, or council, to serve
instead.deleted text end Members appointed to represent the house of representativesdeleted text begin ,deleted text end new text begin ornew text end the senate deleted text begin or
tribal governmentsdeleted text end shall no longer serve on the council when they are no longer members
of the bodies which they represent and their offices shall be vacant. A member who is a
designee of a tribal deleted text begin chairdeleted text end new text begin president or chairperson new text end shall cease to be a member at the end of
the term of the designating tribal deleted text begin chairdeleted text end new text begin president or chairpersonnew text end . deleted text begin Ex officio members or
their designees ondeleted text end new text begin Only members of new text end the council new text begin designated under clause (1)new text end shall deleted text begin notdeleted text end vote.
deleted text begin Subd. 2. deleted text end
deleted text begin Additional members. deleted text end
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Two members of the council shall be elected at
large by Indian residents of Minnesota who are legal members and eligible voters of a
federally recognized tribe in accordance with the criteria of the tribe and are not members
of any federally recognized tribe with a reservation in Minnesota. The election shall be
in a manner prescribed by the secretary of state. The manner of election, certification,
and contest shall, as far as reasonably possible, be consistent with procedures employed
in general elections in the state to ensure a fair election and ready access to the election
process by eligible voters. The voting procedure shall include voting by absentee ballot. A
person is eligible to serve as an at-large member of the council if at the time of the election
the person is a qualified voter within the requirements of the Minnesota Constitution,
article VII and a member of a federally recognized tribe that does not have a reservation in
Minnesota. The election shall be certified and regulated by the secretary of state. Elections
shall be held by April 14, 1981, and by every fourth April 14 thereafter. The term of office
for at-large members is four years commencing on the April 20 following the election and
ending at 12:01 a.m., April 20 four years later.
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Subd. 3.
Compensation; expenses.
Compensation of deleted text begin nonlegislatordeleted text end members
new text begin appointed under subdivision 1, clause (1),new text end is as provided in section deleted text begin 15.059, but,deleted text end new text begin 15.0575.new text end
Because the council performs functions that are not purely advisory, the expiration dates
provided in deleted text begin thatdeleted text end section new text begin 15.059 new text end do not apply. Expenses of the council must be approved
by two of any three members of the council designated by the council and then be paid
in the same manner as other state expenses. The deleted text begin executive secretarydeleted text end new text begin chair new text end shall inform
the commissioner of finance in writing of the names of the persons authorized to approve
expenses.
Subd. 4.
Meetings.
Meetings may be called by the chair or at the written request of
five members of the council. A majority of the voting members of the council is a quorum.
Subd. 5.
Officers; personnel; authority.
The council shall annually elect a chair
and other officers as it may deem necessary. The chair may appoint subcommittees
necessary to fulfill the duties of the council. It shall also employ and prescribe the duties
of employees and agents as it deems necessarynew text begin at the direction of elected tribal leadersnew text end .
The compensation of the executive director of the deleted text begin boarddeleted text end new text begin councilnew text end is as provided by section
43A.18. All employees are in the unclassified service. deleted text begin The chair is an ex officio member
of the State Board of Human Rights.deleted text end Appropriations and other funds of the council are
subject to chapter 16C. The council may contract in its own name. Contracts must be
approved by a majority of the members of the council new text begin with the approval of elected tribal
leaders new text end and executed by the chair and the executive director. The council may apply
for, receive, and spend in its own name, grants and gifts of money consistent with the
powers and duties specified in this section. The council shall maintain its primary office in
Bemidji. It shall also maintain personnel and office space in St. Paul.
Subd. 6.
Duties.
The primary duties of the council are to:
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(1) clarify for the legislature and state agencies the nature of tribal governments and
the relationship of tribal governments to the Indian people of Minnesota;
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(2) assist the secretary of state in establishing an election of at-large members of
the council;
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deleted text begin (3)deleted text end new text begin (1) analyze andnew text end make recommendations to new text begin tribal elected leaders and to new text end members
of the legislature new text begin and the governor new text end on deleted text begin desired and neededdeleted text end legislation deleted text begin to benefit the
statewide Indian community and communicate to the members of the legislature when
legislation hasdeleted text end deleted text begin or will have an adverse effect on the statewide Indian community;
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deleted text begin (4) provide, through the elected apparatus of the council, an effective conduit to the
legislature fordeleted text end new text begin and information on new text end programs, proposals, and projects deleted text begin submitted bydeleted text end new text begin of
importance to new text end tribal governmentsdeleted text begin , organizations, committees, groups, or individualsdeleted text end new text begin and
nontribal Indian organizationsnew text end ;
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(5) provide a continuing dialogue with members of the tribal governments to improve
their knowledge of the legislative process, state agencies, and governmental due process;
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deleted text begin (6)deleted text end new text begin (2)new text end assist in establishing Indian advisory councils in cooperation with state
agencies that deliver services to the deleted text begin Indian communitydeleted text end new text begin federally recognized tribes in
Minnesota and the urban Indian communitiesnew text end ;
deleted text begin (7)deleted text end new text begin (3)new text end assist state agencies in defining what groups, organizations, committees,
councils, or individuals are eligible for delivery of their respective services;
deleted text begin (8)deleted text end new text begin (4)new text end assist in deleted text begin providingdeleted text end new text begin ensuring the provision of new text end resourcesdeleted text begin , tribaldeleted text end and deleted text begin other, indeleted text end
the delivery of services to the deleted text begin statewide Indian communitydeleted text end new text begin federally recognized tribes in
Minnesota and the urban Indian communitiesnew text end ;
deleted text begin (9) act as a liaison between local, state, and national units of government indeleted text end new text begin (5)
recommend to tribal governments and the state government the means to enhancenew text end the
delivery of services to the deleted text begin Indian population ofdeleted text end new text begin members of federally recognized tribes in
new text end Minnesotanew text begin by local, state, and national units of governmentnew text end ;
deleted text begin (10)deleted text end new text begin (6)new text end assist state agencies in implementing and updating studies of services
delivered to the deleted text begin Indian communitydeleted text end new text begin federally recognized tribes in Minnesota and urban
Indian communitiesnew text end ;
deleted text begin (11)deleted text end new text begin (7)new text end provide, for the benefit of all levels of state government, a continuing liaison
between new text begin state new text end governmental bodies and elected tribal deleted text begin governments and officialsdeleted text end new text begin leadersnew text end ;
deleted text begin (12)deleted text end new text begin (8)new text end interact with private organizations involved with Indian deleted text begin concerns todeleted text end new text begin people
that new text end develop and implement programs to assist Indian people, deleted text begin as theydeleted text end new text begin when such programs
maynew text end affect state agencies and departments;
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(13) act as an intermediary, when requested and if necessary, between Indian interests
and state agencies and departments when questions, problems, or conflicts exist or arise;
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(14) provide information for and direction to a program to assist Indian citizens to
assume all the rights, privileges, and duties of citizenship, and to coordinate and cooperate
with local, state, and national private agencies providing services to the Indian people;
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deleted text begin (15)deleted text end new text begin (9)new text end develop educational programs, community organization programs,
leadership development programs, motivational programs, and business development
programs for Indian persons who have been, are, or deleted text begin willdeleted text end new text begin maynew text end be subject to prejudice
and discrimination;
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(16) cooperate and consult with appropriate commissioners and agencies to develop
plans and programs to most effectively serve the needs of Indians;
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and
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deleted text begin (17)deleted text end new text begin (10)new text end review data provided by the commissioner of human services under section
260C.215, subdivision 5, and present recommendations new text begin to elected tribal leaders new text end on the
out-of-home placement of Indian childrendeleted text begin . Recommendations must be presented to the
commissioner and the legislature by February 1, 1990; November 1, 1990; and November
1 of each year thereafter.deleted text end new text begin ; andnew text end
new text begin
(11) prepare a proposed agenda for the annual summit of elected tribal leaders,
legislative leaders and the governor.
new text end
Subd. 7.
State officials and departments; cooperation.
In carrying out these
objectives and to ascertain deleted text begin Indiandeleted text end new text begin thenew text end needsnew text begin of members of federally recognized tribes
in Minnesota and urban Indian community membersnew text end , the council shall have the right to
confer with state officials and other governmental units and have access to records as
necessary to obtain needed information. The council also shall have the right to call upon
various state departments for technical advice and service as needed to fulfill its purposes.
Subd. 8.
Advisory deleted text begin councildeleted text end new text begin boardnew text end .
An advisory deleted text begin councildeleted text end new text begin boardnew text end on urban Indians
shall advise the deleted text begin boarddeleted text end new text begin councilnew text end on the unique problems and concerns of Minnesota Indians
who reside in urban areas of the state. The deleted text begin councildeleted text end new text begin board new text end must be appointed by the deleted text begin boarddeleted text end new text begin
councilnew text end new text begin at the direction of the elected tribal leadershipnew text end and consist of six Indians residing
in the vicinity of Minneapolis, St. Paul, Bemidji, and Duluth. At least one member of
the deleted text begin councildeleted text end new text begin boardnew text end must be a resident of each city. The terms, compensation, and removal
of members are as provided in section 15.059, but the expiration dates provided in that
section do not apply.
Subd. 10.
Rulemaking.
Notwithstanding other law, the council does not have
authority to adopt, amend, or repeal rules or to adjudicate contested cases or appeals. Rules
adopted before July 1, 2001, may continue in effect until amended or repealed by law.