Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2368 Latest Draft

Bill / Introduced Version Filed 03/07/2025

                            1.1	A bill for an act​
1.2 relating to state government; establishing the Minnesota Migration Act and​
1.3 Minnesota Migration Act account; requiring a report; appropriating money to study​
1.4 and provide reparation grants for American descendants of chattel slavery who​
1.5 reside in this state; proposing coding for new law in Minnesota Statutes, chapter​
1.6 363A.​
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.8 Section 1. [363A.60] MINNESOTA MIGRATION ACT ACCOUNT.​
1.9 The Minnesota Migration Act account is established in the special revenue fund in the​
1.10state treasury. Funds in the account are appropriated to the commissioner of human rights​
1.11for the administration of the grants awarded by the Minnesota Migration Act Advisory​
1.12Council.​
1.13 Sec. 2. MINNESOTA MIGRATION ACT.​
1.14 Subdivision 1.Findings.The legislature finds:​
1.15 (1) beginning in 1619 and continuing through 1863, slavery enriched American industries​
1.16and commercial and financial institutions and transformed the newly established United​
1.17States into an international economic power through the oppressive, dehumanizing, and​
1.18tortuous system of enslaved Black labor;​
1.19 (2) slave owners invested heavily in the territory that is now known as the state of​
1.20Minnesota and after slavery ended in the United States, the slave owners were compensated​
1.21for the loss of their slaves. Those persons who were held in bondage were never compensated​
1.22for their labor, despite the promise of "40 acres and a mule";​
1​Sec. 2.​
25-03863 as introduced​02/24/25 REVISOR SGS/RC​
SENATE​
STATE OF MINNESOTA​
S.F. No. 2368​NINETY-FOURTH SESSION​
(SENATE AUTHORS: PAPPAS, Maye Quade, Pha, Boldon and Fateh)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​03/10/2025​
Referred to State and Local Government​ 2.1 (3) although slavery was illegal in Minnesota, Dred Scott and Harriet Scott were held​
2.2in military bondage at Fort Snelling, along with other African Americans who were used​
2.3for enslaved labor by United States Army agents. This was in violation of the Northwest​
2.4Ordinance of 1787 and the Missouri Compromise of 1820;​
2.5 (4) in the aftermath of slavery, African American citizens of this country continued to​
2.6face brutal discrimination as evidenced by Jim Crow laws, such as forced segregation, mass​
2.7atrocities in Tulsa and Rosewood, the lynching period in history, and to this day mass​
2.8incarceration;​
2.9 (5) in Minnesota, systemic discrimination was perpetrated through redlining and racial​
2.10covenants; access to housing; environmental injustice; and the removal of St. Paul's Rondo​
2.11neighborhood, which was the center of American descendants of chattel slavery business​
2.12and residential, spiritual, and cultural life, for the construction of I-94 and other interstate​
2.13systems that harmed Black communities in Minnesota;​
2.14 (6) that structural institutionalized racism in Minnesota and all of American society has​
2.15led to overwhelming Black-white disparities in housing, business investment, economic​
2.16prosperity, health and wellness, life expectancy, and infant mortality;​
2.17 (7) that according to the November 2020 edition of the New England Journal of Medicine,​
2.18reparations are considered the most effective means of breaking down the societal structure​
2.19related to power, money, and access to resources and may be the only solution that can be​
2.20applied intergenerationally that would be an investment in the future and in reducing​
2.21disparities;​
2.22 (8) that local and state governments throughout the United States have demonstrated a​
2.23commitment to addressing disparities by creating programs to generate public and private​
2.24sources of funding, including dedicating tax revenues from enterprises that have historically​
2.25profited from targeting African American consumers and other forms of discrimination that​
2.26have fueled Black-white disparities; and​
2.27 (9) that the tragic murder of George Floyd by a Minneapolis police officer has stirred a​
2.28local, national, and international reckoning of the immorality of the racial hierarchy that​
2.29exists under our democratic institutions and defies the founding values of this nation "that​
2.30all men are created equal, that they are endowed by their Creator with certain unalienable​
2.31Rights, that among these are Life, Liberty and the pursuit of Happiness."​
2.32 Subd. 2.Acknowledgment and apology.The state shall issue an apology for the past​
2.33occurrence of chattel slavery and notable slave owners in Minnesota. Minnesota​
2.34acknowledges and issues an official apology:​
2​Sec. 2.​
25-03863 as introduced​02/24/25 REVISOR SGS/RC​ 3.1 (1) for holding Dred and Harriet Scott in military slavery at Fort Snelling;​
3.2 (2) to the family of Elias Clayton, Elmer Jackson, and Isaac McGhie for the lynching​
3.3that took place in 1920 in Duluth and shall issue an antilynching proclamation and legislation​
3.4for the state;​
3.5 (3) to the Rondo neighborhood and other Black communities for the construction of the​
3.6I- 94 freeway and other highways that were constructed in Black communities in Minnesota;​
3.7 (4) to the families of George Floyd, Philando Castille, Hardel Sherrell, and Jamar Clark​
3.8and the state shall implement remedies to reform law enforcement in the state;​
3.9 (5) for allowing racial housing covenants in deeds in the state and committing to work​
3.10to create generational wealth for the American descendants of chattel slavery;​
3.11 (6) for having the word "slavery" removed from the Minnesota state constitution; and​
3.12 (7) for the systemic racism in the state and the impact slavery has had on descendants​
3.13of chattel slavery in this state, and the state shall commit to ending systemic racism in the​
3.14state that prevents upward mobility of Minnesota's Black residents.​
3.15 Sec. 3. MINNESOTA MIGRATION ACT ADVISORY COUNCIL; CREATION;​
3.16DUTIES; REPORTS.​
3.17 Subdivision 1.Advisory council established.The Minnesota Migration Act Advisory​
3.18Council is established to analyze the past economic benefits of slavery and institutional​
3.19racism that accrued to owners and businesses that received those benefits and to identify​
3.20and document the money received from the dehumanizing activity of slavery by identifying​
3.21the public and private institutions that benefited from anti-Black practices. The focus of the​
3.22committee shall be to develop criteria to determine how to distribute funding to compensate​
3.23persons and address systems harmed by these anti-Black practices and to distribute grants​
3.24to achieve those compensation goals. Nothing in this section is a substitution for the need​
3.25for reparations to the descendants of slaves from the federal government. The advisory​
3.26council shall, among other issues, address the following:​
3.27 (1) review international standards of remedy for wrongs and injuries caused by the state,​
3.28including full reparations and special measures, as understood by various relevant​
3.29international protocols, laws, and findings;​
3.30 (2) provide input to the state on how to issue a formal apology on behalf of the people​
3.31of Minnesota for the perpetration of gross human rights violations and crimes against​
3.32humanity on enslaved African and American descendants of chattel slavery;​
3​Sec. 3.​
25-03863 as introduced​02/24/25 REVISOR SGS/RC​ 4.1 (3) review which laws and policies that continue to disproportionately and negatively​
4.2affect African Americans as a group and perpetuate the lingering material and psychosocial​
4.3effects of slavery and how they can be eliminated;​
4.4 (4) review and study how the injuries resulting from matters described in this subdivision​
4.5can be reversed and how to provide appropriate policies, programs, projects, and​
4.6recommendations for the purpose of reversing the injuries;​
4.7 (5) determine what form of compensation to African Americans who are descendants​
4.8of persons enslaved in the United States can be achieved;​
4.9 (6) determine what form of compensation should be awarded, through what​
4.10instrumentalities, and who should be eligible for the grants awarded by the advisory council​
4.11and distribute those grants as provided in this section; and​
4.12 (7) determine if any other forms of rehabilitation or restitution are appropriate to remedy​
4.13issues identified by the advisory council.​
4.14 Subd. 2.Membership.(a) The advisory council shall consist of the following 19 voting​
4.15members, appointed by the commissioner of the Department of Human Rights in consultation​
4.16with the governor and the Council for Minnesotans of African Heritage, except as otherwise​
4.17specified, and six nonvoting members. All members must be chosen with an emphasis on​
4.18appointing members who are descendants of persons believed to have been enslaved in the​
4.19United States, or members of the American descendants of chattel slavery with lived​
4.20experience of racial discrimination and who were impacted by policies which have caused​
4.21intergenerational trauma. The advisory council shall include:​
4.22 (1) two members of the house of representatives, one from the majority party appointed​
4.23by the speaker of the house and one from the minority party appointed by the minority​
4.24leader;​
4.25 (2) two members of the senate, one from the majority party appointed by the senate​
4.26majority leader and one from the minority party appointed by the senate minority leader;​
4.27 (3) two members who are educators or who have worked in the education system;​
4.28 (4) two members who are leaders in the business and labor community;​
4.29 (5) two members who are community activists engaged in solving issues caused by racial​
4.30disparities;​
4.31 (6) two members who are leaders in the faith community;​
4.32 (7) two members who are professionals or have worked in the health care industry;​
4​Sec. 3.​
25-03863 as introduced​02/24/25 REVISOR SGS/RC​ 5.1 (8) three members who are historians, economists, legal analysts, or policy experts who​
5.2have expertise in issues the advisory council is studying;​
5.3 (9) two youth members; and​
5.4 (10) the commissioners of housing finance, health, human services, human rights,​
5.5employment and economic development, and education, or their designees, who shall be​
5.6ex officio nonvoting members of the council.​
5.7 (b) The council is governed by Minnesota Statutes, section 15.059, and the advisory​
5.8council shall expire five years after the date of enactment.​
5.9 (c) The chair shall convene the council at least monthly.​
5.10 (d) The commissioner of human rights shall provide staff and administrative services​
5.11for the advisory council.​
5.12 (e) The council is subject to Minnesota Statutes, chapter 13D.​
5.13 Subd. 3.Goals and outcomes; report.The advisory council shall establish goals related​
5.14to addressing the directive to the advisory council provided in this section and determine a​
5.15baseline against which progress shall be monitored and set measurable outcomes. The goals​
5.16established must include guidelines for grants distributed by the advisory council. The​
5.17advisory council shall use existing measures and data collection systems to determine​
5.18baseline data against which progress shall be measured. The council shall include the​
5.19proposed goals and the measurable outcomes to meet these goals, including the grant making​
5.20in its initial report to the legislature due March 31, 2026.​
5.21 Subd. 4.Conflict of interest.Advisory council members must disclose to the council,​
5.22refrain from participating in discussions, and recuse themselves from voting on any matter​
5.23before the council if the member has a conflict of interest. A conflict of interest means a​
5.24financial association that has the potential to bias or have the appearance of biasing a council​
5.25member's decision related to the Minnesota Migration Act grant decision process or other​
5.26council activities under this section.​
5.27 Subd. 5.Grants.(a) The commissioner of human rights shall submit a report of the​
5.28grants proposed by the advisory council to be awarded for the upcoming fiscal year to the​
5.29chairs and ranking minority members of the legislative committees with jurisdiction over​
5.30health, human services policy and finance, education, employment and economic​
5.31development, and housing policy and finance, by March 31 of each year, beginning March​
5.3231, 2026.​
5​Sec. 3.​
25-03863 as introduced​02/24/25 REVISOR SGS/RC​ 6.1 (b) The commissioner of human rights shall award grants from the Minnesota Migration​
6.2Act account under Minnesota Statutes, section 363A.60. The grants shall be awarded to​
6.3proposals selected by the advisory council that address the priorities in this section, unless​
6.4otherwise appropriated by the legislature.​
6.5 Subd. 6.Reports.The advisory council shall report annually to the chairs and ranking​
6.6minority members of the legislative committees with jurisdiction over health, human services​
6.7policy and finance, education, employment and economic development, and housing finance​
6.8and policy by March 31 of each year, beginning March 31, 2026. The report shall include​
6.9information about the individual projects that receive grants and the overall role of the​
6.10project in addressing inequalities and systematic problems caused by the institution of​
6.11slavery. The report must describe the grantees and the activities implemented, along with​
6.12measurable outcomes as determined by the council. At a minimum, the report must include​
6.13information about who has received the grants and who the funding will benefit.​
6.14 Sec. 4. APPROPRIATION; MINNESOTA MIGRATION ACT ADVISORY​
6.15COUNCIL.​
6.16 (a) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the​
6.17general fund to the commissioner of human rights for the Minnesota Migration Act Advisory​
6.18Council to complete the work in section 3 related to the effects of systemic racism on Black​
6.19Minnesotans who are descendants of persons who were treated as chattel slaves in this state.​
6.20A portion of this funding may be used to hire additional staff to support the administration​
6.21and operation of the Minnesota Migration Act Advisory Council.​
6.22 (b) $100,000,000 in fiscal year 2026 is appropriated from the general fund to the​
6.23Minnesota Migration Act account under Minnesota Statutes, section 363A.60.​
6​Sec. 4.​
25-03863 as introduced​02/24/25 REVISOR SGS/RC​