Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 420-S.F.No. 1902
An act relating to the council on affairs of
Spanish-speaking people, the council on Asian-Pacific
Minnesotans, the council on Black Minnesotans, and the
Indian affairs council; changing the name of the
council on affairs of Spanish-speaking people;
changing the composition and certain powers of the
councils on affairs of Spanish-speaking people and
Asian-Pacific Minnesotans; providing for appointments;
changing statutory references; eliminating an
expiration date; amending Minnesota Statutes 1994,
sections 3.922, subdivisions 3 and 8; 3.9223; 3.9225,
subdivision 1; and 3.9226, subdivisions 1, 2, 3, and 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 3.922,
subdivision 3, is amended to read:
Subd. 3. [COMPENSATION; EXPENSES; EXPIRATION.]
Compensation of nonlegislator members is as provided in section
15.059, but, because the council performs functions that are not
purely advisory, the expiration dates provided in that section
do not apply. Expenses of the council shall 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 executive secretary shall inform the commissioner
of finance in writing of the names of the persons authorized to
approve expenses.
Sec. 2. Minnesota Statutes 1994, section 3.922,
subdivision 8, is amended to read:
Subd. 8. [ADVISORY COUNCIL.] An advisory council on urban
Indians is created to shall advise the board on the unique
problems and concerns of Minnesota Indians who reside in urban
areas of the state. The council shall must be appointed by the
board and consist of five Indians residing in the vicinity of
Minneapolis, St. Paul, and Duluth. At least one member of the
council shall 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.
Sec. 3. Minnesota Statutes 1994, section 3.9223, is
amended to read:
3.9223 [COUNCIL ON AFFAIRS OF SPANISH-SPEAKING
CHICANO/LATINO PEOPLE.]
Subdivision 1. [MEMBERSHIP.] A The state council on
affairs of Spanish-speaking Chicano/Latino people is created to
consist consists of seven 11 members appointed by the
governor, including eight members representing each of the
state's congressional districts and three members appointed at
large. The demographic composition of the council members shall
must accurately reflect the demographic composition of
Minnesota's Spanish-speaking Chicano/Latino community, including
migrant workers, as determined by the state demographer.
Membership, terms, compensation, removal of members, and filling
of vacancies are as provided in section 15.0575. Compensation
of members is as provided in section 15.059, subdivision
3. Because the council performs functions that are not purely
advisory, the council is not subject to the expiration date in
section 15.059. Two members of the house of representatives
appointed by the speaker and two members of the senate appointed
by the subcommittee on committees of the committee on rules and
administration shall serve as nonvoting members of the council.
The council shall annually elect from its membership a chair and
other officers it deems necessary.
Subd. 2. [SPANISH-SPEAKING CHICANO/LATINO PEOPLE.] For
purposes of subdivisions 3 to 7, the term "Spanish-speaking
Chicano/Latino person" means a person who uses Spanish as a
primary method of communication or who is a spouse of a person
who does was born in, or whose ancestors are from, Argentina,
Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican
Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico,
Nicaragua, Peru, Panama, Paraguay, Puerto Rico, Uruguay, or
Venezuela.
Subd. 3. [DUTIES.] The council shall:
(a) (1) advise the governor and the legislature on the
nature of the issues and disabilities
confronting Spanish-speaking Chicano/Latino people in this
state, including the unique problems encountered by
Spanish-speaking Chicano/Latino migrant agricultural workers;
(b) (2) advise the governor and the legislature on statutes
or rules necessary to ensure Spanish-speaking Chicano/Latino
people access to benefits and services provided to people in
this state;
(c) (3) recommend to the governor and the legislature
legislation to improve the economic and social condition of
Spanish-speaking Chicano/Latino people in this state;
(d) (4) serve as a conduit to state government for
organizations of Spanish-speaking Chicano/Latino people in the
state;
(e) (5) serve as a referral agency to assist
Spanish-speaking Chicano/Latino people to secure access to state
agencies and programs;
(f) (6) serve as a liaison with the federal government,
local government units, and private organizations on matters
relating to the Spanish-speaking Chicano/Latino people of this
state;
(g) (7) perform or contract for the performance of studies
designed to suggest solutions to problems of Spanish-speaking
Chicano/Latino people in the areas of education, employment,
human rights, health, housing, social welfare, and other related
programs;
(h) (8) implement programs designed to solve problems of
Spanish-speaking Chicano/Latino people when authorized by other
statute, rule, or order; and
(i) review data provided by the commissioner of human
services under section 257.072, subdivision 5, and present
recommendations on the out-of-home placement of children of
Hispanic people. Recommendations must be presented to the
commissioner and the legislature by February 1, 1990; November
1, 1990; and November 1 of each year thereafter; and
(j) (9) publicize the accomplishments of Spanish-speaking
Chicano/Latino people and their contributions to this state.
Subd. 4. [REVIEW AND RECOMMENDATION AUTHORITY.] All
applications for the receipt of federal money and proposed rules
of a state agency which that will have their primary effect on
Spanish-speaking Chicano/Latino people shall must be submitted
to the council for review and recommendation at least 15 days
before submission to a federal agency or initial publication in
the State Register.
Subd. 5. [POWERS.] The council may contract in its own
name. Contracts shall 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, subject to the approval of the
governor, an executive director who is experienced in
administrative activities and familiar with the problems and
needs of Spanish-speaking Chicano/Latino people. The council
may delegate to the executive director powers and duties under
this section which that do not require council approval. The
executive director and council staff serve in the unclassified
service. 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.
Subd. 6. [STATE AGENCY ASSISTANCE.] Other state agencies
shall supply the council upon request with advisory staff
services on matters relating to the jurisdiction of the council.
The council shall cooperate and coordinate its activities with
other state agencies to the highest possible degree.
Subd. 7. [REPORT.] The council shall prepare and
distribute a report to the governor and legislature by November
15 of each even-numbered year. The report shall summarize the
activities of the council since its last report, list receipts
and expenditures, identify the major problems and issues
confronting Spanish-speaking Chicano/Latino people, and list the
specific objectives which that the council seeks to attain
during the next biennium.
Sec. 4. Minnesota Statutes 1994, section 3.9225,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] A state council on Black
Minnesotans consists of 11 members appointed by the governor.
The members of the council must be broadly representative of the
Black community of the state and include at least five males and
at least five females. Membership terms, compensation, removal
of members, and filling of vacancies for nonlegislative members
are as provided in section 15.059 15.0575. Because the council
performs functions that are not purely advisory, the council is
not subject to the expiration date in section 15.059. Two
members of the house of representatives appointed by the speaker
and two members of the senate appointed by the subcommittee on
committees of the committee on rules and administration shall
serve as nonvoting members of the council. The council shall
annually elect from its membership a chair and other officers it
deems necessary.
Sec. 5. Minnesota Statutes 1994, section 3.9226,
subdivision 1, is amended to read:
Subdivision 1. [CREATION MEMBERSHIP.] The state council on
Asian-Pacific Minnesotans consists of 15 23 members. Eleven
Nineteen members are appointed by the governor and must be
broadly representative of the Asian-Pacific community of the
state. The governor shall appoint two additional members in
1992, one each representing the communities of people from
Malaysia and Sri Lanka, and six more additional members in 1993,
one each representing the communities of people from
Afghanistan, Bangladesh, Myanmar, Pakistan, Singapore, and
Tibet, so that after 1993 the council consists of 23 members
with 19 appointed by the governor. Each Asian-Pacific ethnic
community from the area described in subdivision 2 may be
represented by no more than one council member. In making
appointments, the governor shall consider an appointee's proven
dedication and commitment to the Asian-Pacific community and any
special skills possessed by the appointee that might be
beneficial to the council, including at a minimum experience in
public policy, legal affairs, social work, business, management,
or economics. Terms, compensation, removal, and filling of
vacancies for appointed members are as provided in section
15.059 15.0575. Because the council performs functions that are
not purely advisory, the council is not subject to the
expiration date in section 15.059. Two members of the house of
representatives appointed under the rules of the house of
representatives and two members of the senate appointed under
the rules of the senate shall serve as nonvoting members of the
council. In making legislative appointments, the speaker of the
house of representatives and the subcommittee on committees of
the committee on rules and administration of the senate shall
consult with the council in an effort to select appointees
knowledgeable and interested in the affairs of the Asian-Pacific
community. The council shall annually elect from its membership
a chair and other officers it deems necessary. The council
shall encourage Asian-Pacific ethnic communities and
organizations to designate persons to serve as liaisons with the
council. Liaisons may participate in council meetings, but may
not vote, and may serve on council committees.
The council shall adopt rules to implement designation of
Asian-Pacific ethnic communities to be represented with seats on
the council.
Sec. 6. Minnesota Statutes 1994, section 3.9226,
subdivision 2, is amended to read:
Subd. 2. [DEFINITION.] For the purpose of this section,
the term Asian-Pacific means a person whose ethnic heritage is
from any of the countries in Asia east of, and including,
Afghanistan, or the Pacific Islands.
Sec. 7. Minnesota Statutes 1994, section 3.9226,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The council shall:
(1) advise the governor and the legislature on issues
confronting Asian-Pacific people in this state, including the
unique problems of non-English-speaking immigrants and refugees;
(2) advise the governor and the legislature of
administrative and legislative changes necessary to ensure that
Asian-Pacific people have access to benefits and services
provided to people in this state;
(3) recommend to the governor and the legislature any
revisions in the state's affirmative action program and other
steps that are necessary to eliminate underutilization of
Asian-Pacific people in the state's work force;
(4) recommend to the governor and the legislature
legislation to improve the economic and social condition of
Asian-Pacific people in this state;
(5) serve as a conduit to state government for
organizations of Asian-Pacific people in the state;
(6) serve as a referral agency to assist Asian-Pacific
people to secure access to state agencies and programs;
(7) serve as a liaison with the federal government, local
government units, and private organizations on matters relating
to the Asian-Pacific people of this state;
(8) perform or contract for the performance of studies
designed to suggest solutions to the problems of Asian-Pacific
people in the areas of education, employment, human rights,
health, housing, social welfare, and other related areas;
(9) implement programs designed to solve the problems of
Asian-Pacific people when authorized by other law;
(10) publicize the accomplishments of Asian-Pacific people
and their contributions to this state;
(11) work with other state and federal agencies and
organizations to develop small business opportunities and
promote economic development for Asian-Pacific Minnesotans;
(12) supervise development of an Asian-Pacific trade
primer, outlining Asian and Pacific customs, cultural
traditions, and business practices, including language usage,
for use by Minnesota's export community;
(13) cooperate with other state and federal agencies and
organizations to develop improved state trade relations with
Asian and Pacific countries; and
(14) review data provided by the commissioner of human
services under section 257.072, subdivision 5, and present
recommendations on the out-of-home placement of Asian-Pacific
children. Recommendations must be presented to the commissioner
and the legislature by February 1, 1990; November 1, 1990; and
November 1 of each year thereafter assist recent immigrants in
adaptation into the culture and promote the study of English as
a second language.
Sec. 8. Minnesota Statutes 1994, 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. The executive
director serves in the unclassified service 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 the duties of the
council. All staff members serve in the unclassified service.
The commissioner of administration shall provide the council
with necessary administrative services.
Sec. 9. [EFFECTIVE DATE.]
Sections 1 to 8 are effective the day following final
enactment.
Presented to the governor March 30, 1996
Signed by the governor April 2, 1996, 12:50 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes