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1996 Minnesota Session Laws

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                            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.

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