Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3257 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to state government; clarifying training on the unique relationship between
3	3	1.3 the state of Minnesota and Minnesota Tribal governments; amending Minnesota
4	4	1.4 Statutes 2024, section 10.65, subdivision 3.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 10.65, subdivision 3, is amended to read:
7	7	1.7 Subd. 3.Consultation duties.(a) An agency must recognize the unique legal relationship
8	8	1.8between the state of Minnesota and the Minnesota Tribal governments, respect the
9	9	1.9fundamental principles that establish and maintain this relationship, and accord Tribal
10	10	1.10governments the same respect accorded to other governments.
11	11	1.11 (b) An agency must, in consultation with Minnesota Tribal governments, implement
12	12	1.12Tribal consultation policies to comply with this section and guide the agency's work with
13	13	1.13Minnesota Tribal governments, and must submit these policies to the governor and lieutenant
14	14	1.14governor. Tribal consultation policies should address the communication protocols for each
15	15	1.15Minnesota Tribal government, which should be developed in coordination with
16	16	1.16representatives of each Minnesota Tribal government. An agency must update the Tribal
17	17	1.17consultation policies as often as required in order to facilitate timely and meaningful
18	18	1.18consultation, but no less than biannually.
19	19	1.19 (c) Consultation under this section is a duty of an agency to consult with the governing
20	20	1.20body or bodies of each individual Minnesota Tribal government. Coordination with groups
21	21	1.21or entities that have representation on some or all of the governing bodies of the Minnesota
22	22	1.22Tribal governments, such as the Minnesota Indian Affairs Council or the Minnesota
23	23	1.23Chippewa Tribe, is encouraged but does not satisfy an agency's duty to consult with
24	24	1Section 1.
25	25	25-04941 as introduced03/17/25 REVISOR SGS/VJ
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 3257NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: KUNESH)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading04/03/2025
32	32	Referred to State and Local Government 2.1individual Minnesota Tribal governments on matters that have Tribal implications. If a
33	33	2.2matter has implications for one Minnesota Tribal government, but not others, the agency's
34	34	2.3duty is to only consult those Minnesota Tribal governments affected.
35	35	2.4 (d) An agency must consult with each Minnesota Tribal government at least annually,
36	36	2.5and as often as is required to address matters that have Tribal implications.
37	37	2.6 (e) An agency must consult with Minnesota Tribal governments on legislative and fiscal
38	38	2.7matters that affect one or all Minnesota Tribal governments or their members to identify
39	39	2.8priority issues in order to allow agencies to proactively engage Minnesota Tribal governments
40	40	2.9in the agency's development of legislative and fiscal proposals in time for submission into
41	41	2.10the governor's recommended budget and legislative proposals each year.
42	42	2.11 (f) An agency must develop and maintain ongoing consultation with the Minnesota
43	43	2.12Tribal governments related to matters that have Tribal implications. Agencies must consider
44	44	2.13the input gathered from Tribal consultation into their decision-making processes, with the
45	45	2.14goal of achieving mutually beneficial solutions.
46	46	2.15 (g) An agency and a Minnesota Tribal government may agree that a formal consultation
47	47	2.16is not necessary for a given year on a given matter that has Tribal implications, and the
48	48	2.17agency must keep a written record of this decision.
49	49	2.18 (h) The prospective duty to consult does not apply to action on a matter that has Tribal
50	50	2.19implications if immediate action is required to address a present and immediate threat to
51	51	2.20the health, safety, or welfare of Minnesota citizens. For these actions, every effort should
52	52	2.21be made to communicate, and formal consultation should occur as soon as possible. The
53	53	2.22duty to consult also does not apply to criminal proceedings or other investigations or legal
54	54	2.23proceedings that prohibit an agency from disclosure.
55	55	2.24 (i) An agency must designate a Tribal liaison to assume responsibility for implementation
56	56	2.25of the Tribal consultation policy and to serve as the principal point of contact for Minnesota
57	57	2.26Tribal governments. The Tribal liaison must be able to directly and regularly meet and
58	58	2.27communicate with the agency's commissioner and deputy and assistant commissioners in
59	59	2.28order to appropriately conduct government-to-government consultation and cooperation.
60	60	2.29 (j) The state has instituted Tribal-state government relations training, developed in
61	61	2.30partnership with the 11 Tribal Nations, the Department of Transportation, and the University
62	62	2.31of Minnesota Sovereignty Institute, which is serves as the foundation and basis of all other
63	63	2.32Tribal government relations training sources. All agencies must direct certain staff to
64	64	2.33complete available training to foster a collaborative relationship between the state of
65	65	2.34Minnesota and Minnesota Tribal governments, and to facilitate timely and meaningful
66	66	2Section 1.
67	67	25-04941 as introduced03/17/25 REVISOR SGS/VJ 3.1consultation. In addition to all commissioners, deputy commissioners, and assistant
68	68	3.2commissioners, at a minimum all agency employees whose work is likely to include matters
69	69	3.3that have Tribal implications must attend Tribal-state relations training. Tribal liaisons must
70	70	3.4actively support and participate in the Tribal-state relations training.
71	71	3.5 (k) Any agency or board that is not listed in the definition of agency in subdivision 2 is
72	72	3.6encouraged to and may engage in consultation and communication with the Minnesota
73	73	3.7Tribal governments for all matters that have Tribal implications.
74	74	3Section 1.
75	75	25-04941 as introduced03/17/25 REVISOR SGS/VJ