1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to state government; establishing the Minnesota Migration Act and |
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3 | 3 | | 1.3 Minnesota Migration Act account; requiring a report; appropriating money to study |
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4 | 4 | | 1.4 and provide reparation grants for American descendants of chattel slavery who |
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5 | 5 | | 1.5 reside in this state; proposing coding for new law in Minnesota Statutes, chapter |
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6 | 6 | | 1.6 363A. |
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7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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8 | 8 | | 1.8 Section 1. [363A.60] MINNESOTA MIGRATION ACT ACCOUNT. |
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9 | 9 | | 1.9 The Minnesota Migration Act account is established in the special revenue fund in the |
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10 | 10 | | 1.10state treasury. Funds in the account are appropriated to the commissioner of human rights |
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11 | 11 | | 1.11for the administration of the grants awarded by the Minnesota Migration Act Advisory |
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12 | 12 | | 1.12Council. |
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13 | 13 | | 1.13 Sec. 2. MINNESOTA MIGRATION ACT. |
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14 | 14 | | 1.14 Subdivision 1.Findings.The legislature finds: |
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15 | 15 | | 1.15 (1) beginning in 1619 and continuing through 1863, slavery enriched American industries |
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16 | 16 | | 1.16and commercial and financial institutions and transformed the newly established United |
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17 | 17 | | 1.17States into an international economic power through the oppressive, dehumanizing, and |
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18 | 18 | | 1.18tortuous system of enslaved Black labor; |
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19 | 19 | | 1.19 (2) slave owners invested heavily in the territory that is now known as the state of |
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20 | 20 | | 1.20Minnesota and after slavery ended in the United States, the slave owners were compensated |
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21 | 21 | | 1.21for the loss of their slaves. Those persons who were held in bondage were never compensated |
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22 | 22 | | 1.22for their labor, despite the promise of "40 acres and a mule"; |
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23 | 23 | | 1Sec. 2. |
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24 | 24 | | 25-03863 as introduced02/24/25 REVISOR SGS/RC |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 2368NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: PAPPAS, Maye Quade, Pha, Boldon and Fateh) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading03/10/2025 |
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31 | 31 | | Referred to State and Local Government 2.1 (3) although slavery was illegal in Minnesota, Dred Scott and Harriet Scott were held |
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32 | 32 | | 2.2in military bondage at Fort Snelling, along with other African Americans who were used |
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33 | 33 | | 2.3for enslaved labor by United States Army agents. This was in violation of the Northwest |
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34 | 34 | | 2.4Ordinance of 1787 and the Missouri Compromise of 1820; |
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35 | 35 | | 2.5 (4) in the aftermath of slavery, African American citizens of this country continued to |
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36 | 36 | | 2.6face brutal discrimination as evidenced by Jim Crow laws, such as forced segregation, mass |
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37 | 37 | | 2.7atrocities in Tulsa and Rosewood, the lynching period in history, and to this day mass |
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38 | 38 | | 2.8incarceration; |
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39 | 39 | | 2.9 (5) in Minnesota, systemic discrimination was perpetrated through redlining and racial |
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40 | 40 | | 2.10covenants; access to housing; environmental injustice; and the removal of St. Paul's Rondo |
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41 | 41 | | 2.11neighborhood, which was the center of American descendants of chattel slavery business |
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42 | 42 | | 2.12and residential, spiritual, and cultural life, for the construction of I-94 and other interstate |
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43 | 43 | | 2.13systems that harmed Black communities in Minnesota; |
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44 | 44 | | 2.14 (6) that structural institutionalized racism in Minnesota and all of American society has |
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45 | 45 | | 2.15led to overwhelming Black-white disparities in housing, business investment, economic |
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46 | 46 | | 2.16prosperity, health and wellness, life expectancy, and infant mortality; |
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47 | 47 | | 2.17 (7) that according to the November 2020 edition of the New England Journal of Medicine, |
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48 | 48 | | 2.18reparations are considered the most effective means of breaking down the societal structure |
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49 | 49 | | 2.19related to power, money, and access to resources and may be the only solution that can be |
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50 | 50 | | 2.20applied intergenerationally that would be an investment in the future and in reducing |
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51 | 51 | | 2.21disparities; |
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52 | 52 | | 2.22 (8) that local and state governments throughout the United States have demonstrated a |
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53 | 53 | | 2.23commitment to addressing disparities by creating programs to generate public and private |
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54 | 54 | | 2.24sources of funding, including dedicating tax revenues from enterprises that have historically |
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55 | 55 | | 2.25profited from targeting African American consumers and other forms of discrimination that |
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56 | 56 | | 2.26have fueled Black-white disparities; and |
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57 | 57 | | 2.27 (9) that the tragic murder of George Floyd by a Minneapolis police officer has stirred a |
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58 | 58 | | 2.28local, national, and international reckoning of the immorality of the racial hierarchy that |
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59 | 59 | | 2.29exists under our democratic institutions and defies the founding values of this nation "that |
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60 | 60 | | 2.30all men are created equal, that they are endowed by their Creator with certain unalienable |
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61 | 61 | | 2.31Rights, that among these are Life, Liberty and the pursuit of Happiness." |
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62 | 62 | | 2.32 Subd. 2.Acknowledgment and apology.The state shall issue an apology for the past |
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63 | 63 | | 2.33occurrence of chattel slavery and notable slave owners in Minnesota. Minnesota |
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64 | 64 | | 2.34acknowledges and issues an official apology: |
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65 | 65 | | 2Sec. 2. |
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66 | 66 | | 25-03863 as introduced02/24/25 REVISOR SGS/RC 3.1 (1) for holding Dred and Harriet Scott in military slavery at Fort Snelling; |
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67 | 67 | | 3.2 (2) to the family of Elias Clayton, Elmer Jackson, and Isaac McGhie for the lynching |
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68 | 68 | | 3.3that took place in 1920 in Duluth and shall issue an antilynching proclamation and legislation |
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69 | 69 | | 3.4for the state; |
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70 | 70 | | 3.5 (3) to the Rondo neighborhood and other Black communities for the construction of the |
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71 | 71 | | 3.6I- 94 freeway and other highways that were constructed in Black communities in Minnesota; |
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72 | 72 | | 3.7 (4) to the families of George Floyd, Philando Castille, Hardel Sherrell, and Jamar Clark |
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73 | 73 | | 3.8and the state shall implement remedies to reform law enforcement in the state; |
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74 | 74 | | 3.9 (5) for allowing racial housing covenants in deeds in the state and committing to work |
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75 | 75 | | 3.10to create generational wealth for the American descendants of chattel slavery; |
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76 | 76 | | 3.11 (6) for having the word "slavery" removed from the Minnesota state constitution; and |
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77 | 77 | | 3.12 (7) for the systemic racism in the state and the impact slavery has had on descendants |
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78 | 78 | | 3.13of chattel slavery in this state, and the state shall commit to ending systemic racism in the |
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79 | 79 | | 3.14state that prevents upward mobility of Minnesota's Black residents. |
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80 | 80 | | 3.15 Sec. 3. MINNESOTA MIGRATION ACT ADVISORY COUNCIL; CREATION; |
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81 | 81 | | 3.16DUTIES; REPORTS. |
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82 | 82 | | 3.17 Subdivision 1.Advisory council established.The Minnesota Migration Act Advisory |
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83 | 83 | | 3.18Council is established to analyze the past economic benefits of slavery and institutional |
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84 | 84 | | 3.19racism that accrued to owners and businesses that received those benefits and to identify |
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85 | 85 | | 3.20and document the money received from the dehumanizing activity of slavery by identifying |
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86 | 86 | | 3.21the public and private institutions that benefited from anti-Black practices. The focus of the |
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87 | 87 | | 3.22committee shall be to develop criteria to determine how to distribute funding to compensate |
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88 | 88 | | 3.23persons and address systems harmed by these anti-Black practices and to distribute grants |
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89 | 89 | | 3.24to achieve those compensation goals. Nothing in this section is a substitution for the need |
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90 | 90 | | 3.25for reparations to the descendants of slaves from the federal government. The advisory |
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91 | 91 | | 3.26council shall, among other issues, address the following: |
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92 | 92 | | 3.27 (1) review international standards of remedy for wrongs and injuries caused by the state, |
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93 | 93 | | 3.28including full reparations and special measures, as understood by various relevant |
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94 | 94 | | 3.29international protocols, laws, and findings; |
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95 | 95 | | 3.30 (2) provide input to the state on how to issue a formal apology on behalf of the people |
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96 | 96 | | 3.31of Minnesota for the perpetration of gross human rights violations and crimes against |
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97 | 97 | | 3.32humanity on enslaved African and American descendants of chattel slavery; |
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98 | 98 | | 3Sec. 3. |
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99 | 99 | | 25-03863 as introduced02/24/25 REVISOR SGS/RC 4.1 (3) review which laws and policies that continue to disproportionately and negatively |
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100 | 100 | | 4.2affect African Americans as a group and perpetuate the lingering material and psychosocial |
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101 | 101 | | 4.3effects of slavery and how they can be eliminated; |
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102 | 102 | | 4.4 (4) review and study how the injuries resulting from matters described in this subdivision |
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103 | 103 | | 4.5can be reversed and how to provide appropriate policies, programs, projects, and |
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104 | 104 | | 4.6recommendations for the purpose of reversing the injuries; |
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105 | 105 | | 4.7 (5) determine what form of compensation to African Americans who are descendants |
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106 | 106 | | 4.8of persons enslaved in the United States can be achieved; |
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107 | 107 | | 4.9 (6) determine what form of compensation should be awarded, through what |
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108 | 108 | | 4.10instrumentalities, and who should be eligible for the grants awarded by the advisory council |
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109 | 109 | | 4.11and distribute those grants as provided in this section; and |
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110 | 110 | | 4.12 (7) determine if any other forms of rehabilitation or restitution are appropriate to remedy |
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111 | 111 | | 4.13issues identified by the advisory council. |
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112 | 112 | | 4.14 Subd. 2.Membership.(a) The advisory council shall consist of the following 19 voting |
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113 | 113 | | 4.15members, appointed by the commissioner of the Department of Human Rights in consultation |
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114 | 114 | | 4.16with the governor and the Council for Minnesotans of African Heritage, except as otherwise |
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115 | 115 | | 4.17specified, and six nonvoting members. All members must be chosen with an emphasis on |
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116 | 116 | | 4.18appointing members who are descendants of persons believed to have been enslaved in the |
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117 | 117 | | 4.19United States, or members of the American descendants of chattel slavery with lived |
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118 | 118 | | 4.20experience of racial discrimination and who were impacted by policies which have caused |
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119 | 119 | | 4.21intergenerational trauma. The advisory council shall include: |
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120 | 120 | | 4.22 (1) two members of the house of representatives, one from the majority party appointed |
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121 | 121 | | 4.23by the speaker of the house and one from the minority party appointed by the minority |
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122 | 122 | | 4.24leader; |
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123 | 123 | | 4.25 (2) two members of the senate, one from the majority party appointed by the senate |
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124 | 124 | | 4.26majority leader and one from the minority party appointed by the senate minority leader; |
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125 | 125 | | 4.27 (3) two members who are educators or who have worked in the education system; |
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126 | 126 | | 4.28 (4) two members who are leaders in the business and labor community; |
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127 | 127 | | 4.29 (5) two members who are community activists engaged in solving issues caused by racial |
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128 | 128 | | 4.30disparities; |
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129 | 129 | | 4.31 (6) two members who are leaders in the faith community; |
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130 | 130 | | 4.32 (7) two members who are professionals or have worked in the health care industry; |
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131 | 131 | | 4Sec. 3. |
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132 | 132 | | 25-03863 as introduced02/24/25 REVISOR SGS/RC 5.1 (8) three members who are historians, economists, legal analysts, or policy experts who |
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133 | 133 | | 5.2have expertise in issues the advisory council is studying; |
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134 | 134 | | 5.3 (9) two youth members; and |
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135 | 135 | | 5.4 (10) the commissioners of housing finance, health, human services, human rights, |
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136 | 136 | | 5.5employment and economic development, and education, or their designees, who shall be |
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137 | 137 | | 5.6ex officio nonvoting members of the council. |
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138 | 138 | | 5.7 (b) The council is governed by Minnesota Statutes, section 15.059, and the advisory |
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139 | 139 | | 5.8council shall expire five years after the date of enactment. |
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140 | 140 | | 5.9 (c) The chair shall convene the council at least monthly. |
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141 | 141 | | 5.10 (d) The commissioner of human rights shall provide staff and administrative services |
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142 | 142 | | 5.11for the advisory council. |
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143 | 143 | | 5.12 (e) The council is subject to Minnesota Statutes, chapter 13D. |
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144 | 144 | | 5.13 Subd. 3.Goals and outcomes; report.The advisory council shall establish goals related |
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145 | 145 | | 5.14to addressing the directive to the advisory council provided in this section and determine a |
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146 | 146 | | 5.15baseline against which progress shall be monitored and set measurable outcomes. The goals |
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147 | 147 | | 5.16established must include guidelines for grants distributed by the advisory council. The |
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148 | 148 | | 5.17advisory council shall use existing measures and data collection systems to determine |
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149 | 149 | | 5.18baseline data against which progress shall be measured. The council shall include the |
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150 | 150 | | 5.19proposed goals and the measurable outcomes to meet these goals, including the grant making |
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151 | 151 | | 5.20in its initial report to the legislature due March 31, 2026. |
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152 | 152 | | 5.21 Subd. 4.Conflict of interest.Advisory council members must disclose to the council, |
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153 | 153 | | 5.22refrain from participating in discussions, and recuse themselves from voting on any matter |
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154 | 154 | | 5.23before the council if the member has a conflict of interest. A conflict of interest means a |
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155 | 155 | | 5.24financial association that has the potential to bias or have the appearance of biasing a council |
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156 | 156 | | 5.25member's decision related to the Minnesota Migration Act grant decision process or other |
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157 | 157 | | 5.26council activities under this section. |
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158 | 158 | | 5.27 Subd. 5.Grants.(a) The commissioner of human rights shall submit a report of the |
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159 | 159 | | 5.28grants proposed by the advisory council to be awarded for the upcoming fiscal year to the |
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160 | 160 | | 5.29chairs and ranking minority members of the legislative committees with jurisdiction over |
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161 | 161 | | 5.30health, human services policy and finance, education, employment and economic |
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162 | 162 | | 5.31development, and housing policy and finance, by March 31 of each year, beginning March |
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163 | 163 | | 5.3231, 2026. |
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164 | 164 | | 5Sec. 3. |
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165 | 165 | | 25-03863 as introduced02/24/25 REVISOR SGS/RC 6.1 (b) The commissioner of human rights shall award grants from the Minnesota Migration |
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166 | 166 | | 6.2Act account under Minnesota Statutes, section 363A.60. The grants shall be awarded to |
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167 | 167 | | 6.3proposals selected by the advisory council that address the priorities in this section, unless |
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168 | 168 | | 6.4otherwise appropriated by the legislature. |
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169 | 169 | | 6.5 Subd. 6.Reports.The advisory council shall report annually to the chairs and ranking |
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170 | 170 | | 6.6minority members of the legislative committees with jurisdiction over health, human services |
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171 | 171 | | 6.7policy and finance, education, employment and economic development, and housing finance |
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172 | 172 | | 6.8and policy by March 31 of each year, beginning March 31, 2026. The report shall include |
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173 | 173 | | 6.9information about the individual projects that receive grants and the overall role of the |
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174 | 174 | | 6.10project in addressing inequalities and systematic problems caused by the institution of |
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175 | 175 | | 6.11slavery. The report must describe the grantees and the activities implemented, along with |
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176 | 176 | | 6.12measurable outcomes as determined by the council. At a minimum, the report must include |
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177 | 177 | | 6.13information about who has received the grants and who the funding will benefit. |
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178 | 178 | | 6.14 Sec. 4. APPROPRIATION; MINNESOTA MIGRATION ACT ADVISORY |
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179 | 179 | | 6.15COUNCIL. |
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180 | 180 | | 6.16 (a) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the |
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181 | 181 | | 6.17general fund to the commissioner of human rights for the Minnesota Migration Act Advisory |
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182 | 182 | | 6.18Council to complete the work in section 3 related to the effects of systemic racism on Black |
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183 | 183 | | 6.19Minnesotans who are descendants of persons who were treated as chattel slaves in this state. |
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184 | 184 | | 6.20A portion of this funding may be used to hire additional staff to support the administration |
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185 | 185 | | 6.21and operation of the Minnesota Migration Act Advisory Council. |
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186 | 186 | | 6.22 (b) $100,000,000 in fiscal year 2026 is appropriated from the general fund to the |
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187 | 187 | | 6.23Minnesota Migration Act account under Minnesota Statutes, section 363A.60. |
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188 | 188 | | 6Sec. 4. |
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189 | 189 | | 25-03863 as introduced02/24/25 REVISOR SGS/RC |
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