3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the council on affairs of Spanish-speaking 1.3 people, the council on Asian-Pacific Minnesotans, the 1.4 council on Black Minnesotans, and the Indian affairs 1.5 council; changing the name of the council on affairs 1.6 of Spanish-speaking people; changing the composition 1.7 and certain powers of the councils on affairs of 1.8 Spanish-speaking people and Asian-Pacific Minnesotans; 1.9 providing for appointments; changing statutory 1.10 references; eliminating an expiration date; amending 1.11 Minnesota Statutes 1994, sections 3.922, subdivisions 1.12 3 and 8; 3.9223; 3.9225, subdivision 1; and 3.9226, 1.13 subdivisions 1, 2, 3, and 5. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. Minnesota Statutes 1994, section 3.922, 1.16 subdivision 3, is amended to read: 1.17 Subd. 3. [COMPENSATION; EXPENSES
; EXPIRATION.] 1.18 Compensation of nonlegislator members is as provided in section 1.19 15.059, but, because the council performs functions that are not 1.20 purely advisory, the expiration dates provided in that section 1.21 do not apply. Expenses of the council shallmust be approved by 1.22 two of any three members of the council designated by the 1.23 council and then be paid in the same manner as other state 1.24 expenses. The executive secretary shall inform the commissioner 1.25 of finance in writing of the names of the persons authorized to 1.26 approve expenses. 1.27 Sec. 2. Minnesota Statutes 1994, section 3.922, 1.28 subdivision 8, is amended to read: 1.29 Subd. 8. [ADVISORY COUNCIL.] An advisory council on urban 2.1 Indians is created toshall advise the board on the unique 2.2 problems and concerns of Minnesota Indians who reside in urban 2.3 areas of the state. The council shallmust be appointed by the 2.4 board and consist of five Indians residing in the vicinity of 2.5 Minneapolis, St. Paul, and Duluth. At least one member of the 2.6 council shallmust be a resident of each city. The terms, 2.7 compensation, and removal of members are as provided in section 2.8 15.059, but the expiration dates provided in that section do not 2.9 apply. 2.10 Sec. 3. Minnesota Statutes 1994, section 3.9223, is 2.11 amended to read: 2.12 3.9223 [COUNCIL ON AFFAIRS OF SPANISH-SPEAKING2.13 CHICANO/LATINO PEOPLE.] 2.14 Subdivision 1. [MEMBERSHIP.] AThe state council on 2.15 affairs of Spanish-speakingChicano/Latino people is created to2.16 consistconsists of seven11 members appointed by the 2.17 governor, including eight members representing each of the 2.18 state's congressional districts and three members appointed at 2.19 large. The demographic composition of the council members shall2.20 must accurately reflect the demographic composition of 2.21 Minnesota's Spanish-speakingChicano/Latino community, including 2.22 migrant workers, as determined by the state demographer. 2.23 Membership, terms, compensation, removal of members, and filling 2.24 of vacancies are as provided in section 15.0575. Compensation2.25 of members is as provided in section 15.059, subdivision2.26 3.Because the council performs functions that are not purely 2.27 advisory, the council is not subject to the expiration date in 2.28 section 15.059. Two members of the house of representatives 2.29 appointed by the speaker and two members of the senate appointed 2.30 by the subcommittee on committees of the committee on rules and 2.31 administration shall serve as nonvoting members of the council. 2.32 The council shall annually elect from its membership a chair and 2.33 other officers it deems necessary. 2.34 Subd. 2. [ SPANISH-SPEAKINGCHICANO/LATINO PEOPLE.] For 2.35 purposes of subdivisions 3 to 7, the term " Spanish-speaking2.36 Chicano/Latino person" means a person who uses Spanish as a3.1 primary method of communication or who is a spouse of a person3.2 who doeswas born in, or whose ancestors are from, Argentina, 3.3 Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican 3.4 Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, 3.5 Nicaragua, Peru, Panama, Paraguay, Puerto Rico, Uruguay, or 3.6 Venezuela. 3.7 Subd. 3. [DUTIES.] The council shall: 3.8 (a)(1) advise the governor and the legislature on the 3.9 nature of the issues and disabilities3.10 confronting Spanish-speakingChicano/Latino people in this 3.11 state, including the unique problems encountered by 3.12 Spanish-speakingChicano/Latino migrant agricultural workers; 3.13 (b)(2) advise the governor and the legislature on statutes 3.14 or rules necessary to ensure Spanish-speakingChicano/Latino 3.15 people access to benefits and services provided to people in 3.16 this state; 3.17 (c)(3) recommend to the governor and the legislature 3.18 legislation to improve the economic and social condition of 3.19 Spanish-speakingChicano/Latino people in this state; 3.20 (d)(4) serve as a conduit to state government for 3.21 organizations of Spanish-speakingChicano/Latino people in the 3.22 state; 3.23 (e)(5) serve as a referral agency to assist 3.24 Spanish-speakingChicano/Latino people to secure access to state 3.25 agencies and programs; 3.26 (f)(6) serve as a liaison with the federal government, 3.27 local government units, and private organizations on matters 3.28 relating to the Spanish-speakingChicano/Latino people of this 3.29 state; 3.30 (g)(7) perform or contract for the performance of studies 3.31 designed to suggest solutions to problems of Spanish-speaking3.32 Chicano/Latino people in the areas of education, employment, 3.33 human rights, health, housing, social welfare, and other related 3.34 programs; 3.35 (h)(8) implement programs designed to solve problems of 3.36 Spanish-speakingChicano/Latino people when authorized by other 4.1 statute, rule, or order; and 4.2 (i) review data provided by the commissioner of human4.3 services under section 257.072, subdivision 5, and present4.4 recommendations on the out-of-home placement of children of4.5 Hispanic people. Recommendations must be presented to the4.6 commissioner and the legislature by February 1, 1990; November4.7 1, 1990; and November 1 of each year thereafter; and4.8 (j)(9) publicize the accomplishments of Spanish-speaking4.9 Chicano/Latino people and their contributions to this state. 4.10 Subd. 4. [REVIEW AND RECOMMENDATION AUTHORITY.] All 4.11 applications for the receipt of federal money and proposed rules 4.12 of a state agency whichthat will have their primary effect on 4.13 Spanish-speakingChicano/Latino people shallmust be submitted 4.14 to the council for review and recommendation at least 15 days 4.15 before submission to a federal agency or initial publication in 4.16 the State Register. 4.17 Subd. 5. [POWERS.] The council may contract in its own 4.18 name. Contracts shallmust be approved by a majority of the 4.19 members of the council and executed by the chair and the 4.20 executive director. The council may apply for, receive, and 4.21 expend in its own name grants and gifts of money consistent with 4.22 the power and duties specified in this section. 4.23 The council shall appoint , subject to the approval of the4.24 governor,an executive director who is experienced in 4.25 administrative activities and familiar with the problems and 4.26 needs of Spanish-speakingChicano/Latino people. The council 4.27 may delegate to the executive director powers and duties under 4.28 this section whichthat do not require council approval. The 4.29 executive director and council staff serve in the unclassified 4.30 service. The executive director may be removed at any time by a 4.31 majority vote of the entire council. The executive director 4.32 shall recommend to the council the appropriate staffing 4.33 necessary to carry out its duties. The commissioner of 4.34 administration shall provide the council with necessary 4.35 administrative services. 4.36 Subd. 6. [STATE AGENCY ASSISTANCE.] Other state agencies 5.1 shall supply the council upon request with advisory staff 5.2 services on matters relating to the jurisdiction of the council. 5.3 The council shall cooperate and coordinate its activities with 5.4 other state agencies to the highest possible degree. 5.5 Subd. 7. [REPORT.] The council shall prepare and 5.6 distribute a report to the governor and legislature by November 5.7 15 of each even-numbered year. The report shall summarize the 5.8 activities of the council since its last report, list receipts 5.9 and expenditures, identify the major problems and issues 5.10 confronting Spanish-speakingChicano/Latino people, and list the 5.11 specific objectives whichthat the council seeks to attain 5.12 during the next biennium. 5.13 Sec. 4. Minnesota Statutes 1994, section 3.9225, 5.14 subdivision 1, is amended to read: 5.15 Subdivision 1. [CREATION.] A state council on Black 5.16 Minnesotans consists of 11 members appointed by the governor. 5.17 The members of the council must be broadly representative of the 5.18 Black community of the state and include at least five males and 5.19 at least five females. Membership terms, compensation, removal 5.20 of members, and filling of vacancies for nonlegislative members 5.21 are as provided in section 15.05915.0575. Because the council 5.22 performs functions that are not purely advisory, the council is 5.23 not subject to the expiration date in section 15.059. Two 5.24 members of the house of representatives appointed by the speaker 5.25 and two members of the senate appointed by the subcommittee on 5.26 committees of the committee on rules and administration shall 5.27 serve as nonvoting members of the council. The council shall 5.28 annually elect from its membership a chair and other officers it 5.29 deems necessary. 5.30 Sec. 5. Minnesota Statutes 1994, section 3.9226, 5.31 subdivision 1, is amended to read: 5.32 Subdivision 1. [ CREATIONMEMBERSHIP.] The state council on 5.33 Asian-Pacific Minnesotans consists of 1523 members. Eleven5.34 Nineteen members are appointed by the governor and must be 5.35 broadly representative of the Asian-Pacific community of the 5.36 state. The governor shall appoint two additional members in6.1 1992, one each representing the communities of people from6.2 Malaysia and Sri Lanka, and six more additional members in 1993,6.3 one each representing the communities of people from6.4 Afghanistan, Bangladesh, Myanmar, Pakistan, Singapore, and6.5 Tibet, so that after 1993 the council consists of 23 members6.6 with 19 appointed by the governor.Each Asian-Pacific ethnic 6.7 community from the area described in subdivision 2 may be 6.8 represented by no more than one council member. In making 6.9 appointments, the governor shall consider an appointee's proven 6.10 dedication and commitment to the Asian-Pacific community and any 6.11 special skills possessed by the appointee that might be 6.12 beneficial to the council, including at a minimum experience in 6.13 public policy, legal affairs, social work, business, management, 6.14 or economics. Terms, compensation, removal,and filling of 6.15 vacancies for appointed members are as provided in section 6.16 15.05915.0575. Because the council performs functions that are 6.17 not purely advisory, the council is not subject to the 6.18 expiration date in section 15.059. Two members of the house of 6.19 representatives appointed under the rules of the house of 6.20 representatives and two members of the senate appointed under 6.21 the rules of the senate shall serve as nonvoting members of the 6.22 council. In making legislative appointments, the speaker of the 6.23 house of representatives and the subcommittee on committees of 6.24 the committee on rules and administration of the senate shall 6.25 consult with the council in an effort to select appointees 6.26 knowledgeable and interested in the affairs of the Asian-Pacific 6.27 community. The council shall annually elect from its membership 6.28 a chair and other officers it deems necessary. The council 6.29 shall encourage Asian-Pacific ethnic communities and 6.30 organizations to designate persons to serve as liaisons with the 6.31 council. Liaisons may participate in council meetings, but may 6.32 not vote, and may serve on council committees. 6.33 The council shall adopt rules to implement designation of 6.34 Asian-Pacific ethnic communities to be represented with seats on 6.35 the council. 6.36 Sec. 6. Minnesota Statutes 1994, section 3.9226, 7.1 subdivision 2, is amended to read: 7.2 Subd. 2. [DEFINITION.] For the purpose of this section, 7.3 the term Asian-Pacific means a person whose ethnic heritage is 7.4 from any of the countries in Asia east of, and including, 7.5 Afghanistan, or the Pacific Islands. 7.6 Sec. 7. Minnesota Statutes 1994, section 3.9226, 7.7 subdivision 3, is amended to read: 7.8 Subd. 3. [DUTIES.] The council shall: 7.9 (1) advise the governor and the legislature on issues 7.10 confronting Asian-Pacific people in this state, including the 7.11 unique problems of non-English-speaking immigrants and refugees; 7.12 (2) advise the governor and the legislature of 7.13 administrative and legislative changes necessary to ensure that 7.14 Asian-Pacific people have access to benefits and services 7.15 provided to people in this state; 7.16 (3) recommend to the governor and the legislature any 7.17 revisions in the state's affirmative action program and other 7.18 steps that are necessary to eliminate underutilization of 7.19 Asian-Pacific people in the state's work force; 7.20 (4) recommend to the governor and the legislature 7.21 legislation to improve the economic and social condition of 7.22 Asian-Pacific people in this state; 7.23 (5) serve as a conduit to state government for 7.24 organizations of Asian-Pacific people in the state; 7.25 (6) serve as a referral agency to assist Asian-Pacific 7.26 people to secure access to state agencies and programs; 7.27 (7) serve as a liaison with the federal government, local 7.28 government units, and private organizations on matters relating 7.29 to the Asian-Pacific people of this state; 7.30 (8) perform or contract for the performance of studies 7.31 designed to suggest solutions to the problems of Asian-Pacific 7.32 people in the areas of education, employment, human rights, 7.33 health, housing, social welfare, and other related areas; 7.34 (9) implement programs designed to solve the problems of 7.35 Asian-Pacific people when authorized by other law; 7.36 (10) publicize the accomplishments of Asian-Pacific people 8.1 and their contributions to this state; 8.2 (11) work with other state and federal agencies and 8.3 organizations to develop small business opportunities and 8.4 promote economic development for Asian-Pacific Minnesotans; 8.5 (12) supervise development of an Asian-Pacific trade 8.6 primer, outlining Asian and Pacific customs, cultural 8.7 traditions, and business practices, including language usage, 8.8 for use by Minnesota's export community; 8.9 (13) cooperate with other state and federal agencies and 8.10 organizations to develop improved state trade relations with 8.11 Asian and Pacific countries; and 8.12 (14) review data provided by the commissioner of human8.13 services under section 257.072, subdivision 5, and present8.14 recommendations on the out-of-home placement of Asian-Pacific8.15 children. Recommendations must be presented to the commissioner8.16 and the legislature by February 1, 1990; November 1, 1990; and8.17 November 1 of each year thereafterassist recent immigrants in 8.18 adaptation into the culture and promote the study of English as 8.19 a second language. 8.20 Sec. 8. Minnesota Statutes 1994, section 3.9226, 8.21 subdivision 5, is amended to read: 8.22 Subd. 5. [POWERS.] (a) The council may contract in its own 8.23 name but may not accept or receive a loan or incur indebtedness 8.24 except as otherwise provided by law. Contracts must be approved 8.25 by a majority of the members of the council and executed by the 8.26 chair and the executive director. The council may apply for, 8.27 receive, and expend in its own name grants and gifts of money 8.28 consistent with the powers and duties specified in this section. 8.29 (b) The council shall appoint an executive director who is 8.30 experienced in administrative activities and familiar with the 8.31 problems and needs of Asian-Pacific people. The council may 8.32 delegate to the executive director powers and duties under this 8.33 section that do not require council approval. The executive 8.34 director serves in the unclassified service and may be removed 8.35 at any time by the council. The executive director shall 8.36 recommend to the council, and the council mayappoint the 9.1 appropriate staff necessary to carry out the duties of the 9.2 council. All staff members serve in the unclassified service. 9.3 The commissioner of administration shall provide the council 9.4 with necessary administrative services. 9.5 Sec. 9. [EFFECTIVE DATE.] 9.6 Sections 1 to 8 are effective the day following final 9.7 enactment.