Bill Text: MN HF3333 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Human Rights Department; Council on Affairs of Chicano/Latino People, Council on Black Minnesotans, and the Council on Asian-Pacific Minnesotans transferred to the Human Rights Department; and American Indian Liaison Office created in Minnesota Management and Budget.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-03 - Introduction and first reading, referred to Government Operations [HF3333 Detail]
Download: Minnesota-2013-HF3333-Introduced.html
1.2relating to state government; transferring certain state councils to the Minnesota
1.3Department of Human Rights; creating an American Indian Liaison Office
1.4in Minnesota Management and Budget;amending Minnesota Statutes 2012,
1.5sections 3.9223, subdivision 5; 3.9225, subdivision 5; 3.9226, subdivision 5;
1.6307.08, as amended; 363A.06, by adding a subdivision; repealing Minnesota
1.7Statutes 2012, section 3.922, subdivisions 1, 3, 4, 5, 6, 7, 8, 10, 11.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 3.9223, subdivision 5, is amended to read:
1.10 Subd. 5. Powers. The council may contract in its own name. Contracts must be
1.11approved by a majority of the members of the council and executed by the chair and the
1.12executive director. The council may apply for, receive, and expend in its own name grants
1.13and gifts of money consistent with the power and duties specified in this section.
1.14The council shall appoint an executive director who is experienced in administrative
1.15activities and familiar with the problems and needs of Chicano/Latino people. The council
1.16may delegate to the executive director powers and duties under this section that do not
1.17require council approval. The executive director and council staff serve in the unclassified
1.18service.The executive director may be removed at any time by a majority vote of the
1.19entire council. The executive director shall recommend to the council the appropriate
1.20staffing necessary to carry out its duties. The commissioner of administration shall provide
1.21the council with necessary administrative services. The commissioner of human rights
1.22shall also prescribe the duties of the executive director and have oversight of work plans
1.23and performance measures that meet outcomes for transparency and accountability.
1.24 Sec. 2. Minnesota Statutes 2012, section 3.9225, subdivision 5, is amended to read:
2.1 Subd. 5. Powers. (a) The council may contract in its own name, but no money shall
2.2be accepted or received as a loan nor indebtedness incurred except as otherwise provided
2.3by law. Contracts shall be approved by a majority of the members of the council and
2.4executed by the chair and the executive director. The council may apply for, receive, and
2.5expend in its own name grants and gifts of money consistent with the power and duties
2.6specified in subdivisions 1 to 7.
2.7(b) The council may solicit and accept payments for advertising, use of exhibition
2.8space, or commemorative videos or other items in connection with publications, events,
2.9media productions, and informational programs that are sponsored by the council. These
2.10revenues must be deposited in an account in the special revenue fund and are appropriated
2.11to thecouncil Minnesota Department of Human Rights to defray costs of publications,
2.12events, media productions, or informational programs consistent with the powers and
2.13duties specified in subdivisions 1 to 7. The council may not publish advertising or provide
2.14exhibition space for any elected official or candidate for elective office. The council must
2.15report by January 15 each year to the chairs and ranking minority members of the house
2.16of representatives and senate funding divisions with jurisdiction over the council on the
2.17amount and source of each payment received under this paragraph in the prior fiscal year.
2.18(c) The council shall appoint an executive director who is experienced in
2.19administrative activities and familiar with the problems and needs of Black people. The
2.20council may delegate to the executive director powers and duties under subdivisions 1
2.21to 7 which do not require council approval. The commissioner of human rights shall
2.22also prescribe the duties of the executive director and have oversight of work plans and
2.23performance measures that meet outcomes for transparency and accountability. The
2.24executive director serves in the unclassified serviceand may be removed at any time by
2.25the council. The executive director shall recommend to the council, and the council may
2.26appoint the appropriate staff necessary to carry out its duties. Staff members serve in the
2.27unclassified service.The commissioner of administration shall provide the council with
2.28necessary administrative services.
2.29 Sec. 3. Minnesota Statutes 2012, section 3.9226, subdivision 5, is amended to read:
2.30 Subd. 5. Powers. (a) The council may contract in its own name but may not accept
2.31or receive a loan or incur indebtedness except as otherwise provided by law. Contracts
2.32must be approved by a majority of the members of the council and executed by the chair
2.33and the executive director. The council may apply for, receive, and expend in its own name
2.34grants and gifts of money consistent with the powers and duties specified in this section.
3.1(b) The council shall appoint an executive director who is experienced in
3.2administrative activities and familiar with the problems and needs of Asian-Pacific people.
3.3The council may delegate to the executive director powers and duties under this section that
3.4do not require council approval. The commissioner of human rights shall also prescribe
3.5the duties of the executive director and have oversight of work plans and performance
3.6measures that meet outcomes for transparency and accountability. The executive director
3.7serves in the unclassified serviceand may be removed at any time by the council. The
3.8executive director shall appoint the appropriate staff necessary to carry out the duties of
3.9the council. All staff members serve in the unclassified service. The commissioner of
3.10administration shall provide the council with necessary administrative services.
3.11 Sec. 4. Minnesota Statutes 2012, section 307.08, as amended by Laws 2013, chapter
3.12142, article 3, section 36, is amended to read:
3.13307.08 DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS;
3.14BURIALS; CEMETERIES; PENALTY; AUTHENTICATION.
3.15 Subdivision 1. Legislative intent; scope. It is a declaration and statement of
3.16legislative intent that all human burials, human remains, and human burial grounds shall
3.17be accorded equal treatment and respect for human dignity without reference to their
3.18ethnic origins, cultural backgrounds, or religious affiliations. The provisions of this
3.19section shall apply to all human burials, human remains, or human burial grounds found
3.20on or in all public or private lands or waters in Minnesota.
3.21 Subd. 2. Felony; gross misdemeanor. (a) A person who intentionally, willfully,
3.22and knowingly does any of the following is guilty of a felony:
3.23(1) destroys, mutilates, or injures human burials or human burial grounds; or
3.24(2) without the consent of the appropriate authority, disturbs human burial grounds
3.25or removes human remains.
3.26(b) A person who, without the consent of the appropriate authority and the
3.27landowner, intentionally, willfully, and knowingly does any of the following is guilty
3.28of a gross misdemeanor:
3.29(1) removes any tombstone, monument, or structure placed in any public or private
3.30cemetery or authenticated human burial ground; or
3.31(2) removes any fence, railing, or other work erected for protection or ornament,
3.32or any tree, shrub, or plant or grave goods and artifacts within the limits of a public or
3.33private cemetery or authenticated human burial ground; or
3.34(3) discharges any firearms upon or over the grounds of any public or private
3.35cemetery or authenticated burial ground.
4.1 Subd. 3. Protective posting. Upon the agreement of the appropriate authority and
4.2the landowner, an authenticated or recorded human burial ground may be posted for
4.3protective purposes every 75 feet around its perimeter with signs listing the activities
4.4prohibited by subdivision 2 and the penalty for violation of it. Posting is at the discretion
4.5of the American Indianaffairs council Liaison Office in the case of Indian burials or at the
4.6discretion of the state archaeologist in the case of non-Indian burials. This subdivision
4.7does not require posting of a burial ground. The size, description, location, and
4.8information on the signs used for protective posting must be approved by the appropriate
4.9authority and the landowner.
4.10 Subd. 3a. Authentication. The state archaeologist shall authenticate all burial
4.11grounds for purposes of this section. The state archaeologist may retain the services
4.12of a qualified professional archaeologist, a qualified physical anthropologist, or other
4.13appropriate experts for the purpose of gathering information that the state archaeologist
4.14can use to authenticate or identify burial grounds. If probable Indian burial grounds are to
4.15be disturbed or probable Indian remains analyzed, the American IndianAffairs Council
4.16 Liaison Office must approve the professional archaeologist, qualified anthropologist, or
4.17other appropriate expert. Authentication is at the discretion of the state archaeologist
4.18based on the needs identified in this section or upon request by an agency, a landowner, or
4.19other appropriate authority.
4.20 Subd. 5. Cost; use of data. The cost of authentication, recording, surveying, and
4.21marking burial grounds and the cost of identification, analysis, rescue, and reburial of
4.22human remains on public lands or waters shall be the responsibility of the state or political
4.23subdivision controlling the lands or waters. On private lands or waters these costs shall
4.24be borne by the state, but may be borne by the landowner upon mutual agreement with
4.25the state. The state archaeologist must make the data collected for this activity available
4.26using standards adopted by the Office of MN.IT Services and geospatial technology
4.27standards and guidelines published by the Minnesota Geospatial Information Office. Costs
4.28associated with this data delivery must be borne by the state.
4.29 Subd. 7. Remains found outside of recorded cemeteries. All unidentified human
4.30remains or burials found outside of recorded cemeteries or unplatted graves or burials
4.31found within recorded cemeteries and in contexts which indicate antiquity greater than
4.3250 years shall be dealt with according to the provisions of this section. If such burials
4.33are not Indian or their ethnic identity cannot be ascertained, as determined by the state
4.34archaeologist, they shall be dealt with in accordance with provisions established by
4.35the state archaeologist and other appropriate authority. If such burials are Indian, as
4.36determined by the state archaeologist, efforts shall be made by the state archaeologist and
5.1the American IndianAffairs Council Liaison Office to ascertain their tribal identity. If
5.2their probable tribal identity can be determined and the remains have been removed from
5.3their original context, such remains shall be turned over to contemporary tribal leaders for
5.4disposition. If tribal identity cannot be determined, the Indian remains must be dealt with in
5.5accordance with provisions established by the state archaeologist and the American Indian
5.6Affairs Council Liaison Office if they are from public land. If removed Indian remains
5.7are from private land they shall be dealt with in accordance with provisions established
5.8by the American IndianAffairs Council Liaison Office. If it is deemed desirable by the
5.9state archaeologist or the American IndianAffairs Council Liaison Office, removed
5.10remains shall be studied in a timely and respectful manner by a qualified professional
5.11archaeologist or a qualified physical anthropologist before being delivered to tribal leaders
5.12or before being reburied. Application by a landowner for permission to develop or disturb
5.13nonburial areas within authenticated or recorded burial grounds shall be made to the state
5.14archaeologist and other appropriate authority in the case of non-Indian burials and to the
5.15 American IndianAffairs Council Liaison Office and other appropriate authority in the
5.16case of Indian burials. Landowners with authenticated or suspected human burial grounds
5.17on their property are obligated to inform prospective buyers of the burial ground.
5.18 Subd. 8. Burial ground relocation. No non-Indian burial ground may be relocated
5.19without the consent of the appropriate authority. No Indian burial ground may be relocated
5.20unless the request to relocate is approved by the American IndianAffairs Council Liaison
5.21Office. When a burial ground is located on public lands or waters, any burial relocations
5.22must be duly licensed under section138.36 and the cost of removal is the responsibility
5.23of and shall be paid by the state or political subdivision controlling the lands or waters.
5.24If burial grounds are authenticated on private lands, efforts may be made by the state to
5.25purchase and protect them instead of removing them to another location.
5.26 Subd. 9. Interagency cooperation. The Department of Natural Resources, the
5.27Department of Transportation, and all other state agencies and local governmental units
5.28whose activities may be affected, shall cooperate with the state archaeologist and the
5.29 American IndianAffairs Council Liaison Office to carry out the provisions of this section.
5.30 Subd. 10. Construction and development plan review. When human burials are
5.31known or suspected to exist, on public lands or waters, the state or political subdivision
5.32controlling the lands or waters or, in the case of private lands, the landowner or developer,
5.33shall submit construction and development plans to the state archaeologist for review
5.34prior to the time bids are advertised and prior to any disturbance within the burial area.
5.35If the known or suspected burials are thought to be Indian, plans shall also be submitted
5.36to the American IndianAffairs Council Liaison Office. The state archaeologist and the
6.1 American IndianAffairs Council Liaison Office shall review the plans within 30 days of
6.2receipt and make recommendations for the preservation in place or removal of the human
6.3burials or remains, which may be endangered by construction or development activities.
6.4 Subd. 11. Burial sites data. Burial sites locational and related data maintained
6.5by the Office of the State Archaeologist and accessible through the office's "Unplatted
6.6Burial Sites and Earthworks in Minnesota" Web site are security information for purposes
6.7of section13.37 . Persons who gain access to the data maintained on the site are subject
6.8to liability under section13.08 and the penalty established by section
13.09 if they
6.9improperly use or further disseminate the data.
6.10 Subd. 12. Right of entry. The state archaeologist may enter on property for the
6.11purpose of authenticating burial sites. Only after obtaining permission from the property
6.12owner or lessee, descendants of persons buried in burial grounds covered by this section
6.13may enter the burial grounds for the purpose of conducting religious or commemorative
6.14ceremonies. This right of entry must not unreasonably burden property owners or
6.15unnecessarily restrict their use of the property.
6.16 Subd. 13. Definitions. As used in this section, the following terms have the
6.17meanings given.
6.18(a) "Abandoned cemetery" means a cemetery where the cemetery association has
6.19disbanded or the cemetery is neglected and contains marked graves older than 50 years.
6.20(b) "Appropriate authority" means:
6.21(1) the trustees when the trustees have been legally defined to administer burial
6.22grounds;
6.23(2) the American IndianAffairs Council Liaison Office in the case of Indian burial
6.24grounds lacking trustees;
6.25(3) the county board in the case of abandoned cemeteries under section306.243 ; and
6.26(4) the state archaeologist in the case of non-Indian burial grounds lacking trustees
6.27or not officially defined as abandoned.
6.28(c) "Artifacts" means natural or artificial articles, objects, implements, or other
6.29items of archaeological interest.
6.30(d) "Authenticate" means to establish the presence of or high potential of human
6.31burials or human skeletal remains being located in a discrete area, delimit the boundaries
6.32of human burial grounds or graves, and attempt to determine the ethnic, cultural, or
6.33religious affiliation of individuals interred.
6.34(e) "Burial" means the organic remnants of the human body that were intentionally
6.35interred as part of a mortuary process.
7.1(f) "Burial ground" means a discrete location that is known to contain or has high
7.2potential to contain human remains based on physical evidence, historical records, or
7.3reliable informant accounts.
7.4(g) "Cemetery" means a discrete location that is known to contain or intended to be
7.5used for the internment of human remains.
7.6(h) "Disturb" means any activity that significantly harms the physical integrity or
7.7setting of a human burial or human burial ground.
7.8(i) "Grave goods" means objects or artifacts directly associated with human burials or
7.9human burial grounds that were placed as part of a mortuary ritual at the time of internment.
7.10(j) "Human remains" means the calcified portion of the human body, not including
7.11isolated teeth, or cremated remains deposited in a container or discrete feature.
7.12(k) "Identification" means to analyze organic materials to attempt to determine if
7.13they represent human remains and to attempt to establish the ethnic, cultural, or religious
7.14affiliations of such remains.
7.15(l) "Marked" means a burial that has a recognizable tombstone or obvious grave
7.16marker in place or a legible sign identifying an area as a burial ground or cemetery.
7.17(m) "Qualified physical anthropologist" means a specialist in identifying human
7.18remains who holds an advanced degree in anthropology or a closely related field.
7.19(n) "Qualified professional archaeologist" means an archaeologist who meets the
7.20United States Secretary of the Interior's professional qualification standards in Code of
7.21Federal Regulations, title 36, part 61, appendix A, or subsequent revisions.
7.22(o) "Recorded cemetery" means a cemetery that has a surveyed plat filed in a
7.23county recorder's office.
7.24(p) "State" or "the state" means the state of Minnesota or an agency or official of the
7.25state acting in an official capacity.
7.26(q) "Trustees" means the recognized representatives of the original incorporators,
7.27board of directors, or cemetery association.
7.28 Sec. 5. Minnesota Statutes 2012, section 363A.06, is amended by adding a subdivision
7.29to read:
7.30 Subd. 1a. Oversight of councils of color. The commissioner shall establish
7.31measurable outcomes for each council, taking into account the unique cultural practices of
7.32each group represented by the respective council. As used in this subdivision, "measurable
7.33outcomes" means outcomes, indicators, or other performance measures that may be
7.34quantified when possible or otherwise measured in order to evaluate the effectiveness of
7.35the councils in meeting intended goals or purposes. In addition to the duties required by
8.1the respective council, the commissioner shall help establish work plans and performance
8.2measures for executive directors that meet outcomes for transparency and accountability.
8.3 Sec. 6. TRANSFER OF CERTAIN COUNCILS TO THE MINNESOTA
8.4DEPARTMENT OF HUMAN RIGHTS.
8.5The Council on Affairs of Chicano/Latino People under section 3.9223; the
8.6Council on Black Minnesotans under section 3.9225; and the Council on Asian-Pacific
8.7Minnesotans under section 3.9226 are transferred to the Minnesota Department of Human
8.8Rights under section 15.039. All the responsibilities, powers, duties, rights, obligations,
8.9and other authority imposed by law on the specific councils is transferred to the Minnesota
8.10Department of Human Rights pursuant to section 15.039. All personnel, appropriations,
8.11contracts, and other organizational matters of each individual council named in this section
8.12are transferred to the Minnesota Department of Human Rights pursuant to section 15.039.
8.13 Sec. 7. COMMISSIONER OF HUMAN RIGHTS ADVISORY TASK FORCE.
8.14The commissioner of human rights shall convene a task force to study and make
8.15recommendations to the legislature on creating advisory groups for cultural groups
8.16now represented under the respective councils listed in section 6. The commissioner
8.17shall engage representatives from the various groups now represented by the councils
8.18listed in section 6 to serve on the task force. In addition, the governor shall appoint a
8.19representative, and the majority and minority leaders of the house of representatives and
8.20senate shall appoint one member each to serve on the task force. The task force shall issue
8.21a report with recommendations to the legislature by January 15, 2015.
8.22 Sec. 8. AMERICAN INDIAN LIAISON OFFICE.
8.23(a) The commissioner of Minnesota Management and Budget shall create an
8.24American Indian Liaison Office in the Office of Minnesota Management and Budget.
8.25Since tribal governments are considered "domestic dependent nations" by the federal
8.26government, they have a unique and distinct relationship with federal and state
8.27governments. The purpose of the American Indian Liaison Office is to provide liaison
8.28services between the state and the eleven tribal governments in Minnesota. The liaison
8.29office shall serve as the primary point of contact between the state and individual tribal
8.30governments in Minnesota in order to maximize partnerships with tribal governments,
8.31address tribal concerns, and work collaboratively to develop guidance on matters of
8.32mutual tribal and state interests. In addition, the liaison office shall collaborate with other
8.33state agencies to develop guidance on issues involving tribal governments.
9.1(b) The staff, resources, and appropriations of the Indian Affairs Council under
9.2section 3.922 are transferred to Minnesota Management and Budget under section 15.039
9.3to carry out the duties of the Indian Affairs Council. Matters pertaining to Indian burial
9.4grounds and language revitalization shall continue under the American Indian Liaison
9.5Office.
9.6 Sec. 9. REVISOR'S INSTRUCTION.
9.7The revisor of statutes shall replace "Indian Affairs Council" with "American Indian
9.8Liaison Office" wherever it appears in Minnesota Statutes and Minnesota Rules.
9.9 Sec. 10. REPEALER.
9.10Minnesota Statutes 2012, section 3.922, subdivisions 1, 3, 4, 5, 6, 7, 8, 10, and 11,
9.11 are repealed when the American Indian Liaison Office under section 8 is operational.
1.3Department of Human Rights; creating an American Indian Liaison Office
1.4in Minnesota Management and Budget;amending Minnesota Statutes 2012,
1.5sections 3.9223, subdivision 5; 3.9225, subdivision 5; 3.9226, subdivision 5;
1.6307.08, as amended; 363A.06, by adding a subdivision; repealing Minnesota
1.7Statutes 2012, section 3.922, subdivisions 1, 3, 4, 5, 6, 7, 8, 10, 11.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 3.9223, subdivision 5, is amended to read:
1.10 Subd. 5. Powers. The council may contract in its own name. Contracts must be
1.11approved by a majority of the members of the council and executed by the chair and the
1.12executive director. The council may apply for, receive, and expend in its own name grants
1.13and gifts of money consistent with the power and duties specified in this section.
1.14The council shall appoint an executive director who is experienced in administrative
1.15activities and familiar with the problems and needs of Chicano/Latino people. The council
1.16may delegate to the executive director powers and duties under this section that do not
1.17require council approval. The executive director and council staff serve in the unclassified
1.18service.
1.19
1.20
1.21
1.22shall also prescribe the duties of the executive director and have oversight of work plans
1.23and performance measures that meet outcomes for transparency and accountability.
1.24 Sec. 2. Minnesota Statutes 2012, section 3.9225, subdivision 5, is amended to read:
2.1 Subd. 5. Powers. (a) The council may contract in its own name, but no money shall
2.2be accepted or received as a loan nor indebtedness incurred except as otherwise provided
2.3by law. Contracts shall be approved by a majority of the members of the council and
2.4executed by the chair and the executive director. The council may apply for, receive, and
2.5expend in its own name grants and gifts of money consistent with the power and duties
2.6specified in subdivisions 1 to 7.
2.7(b) The council may solicit and accept payments for advertising, use of exhibition
2.8space, or commemorative videos or other items in connection with publications, events,
2.9media productions, and informational programs that are sponsored by the council. These
2.10revenues must be deposited in an account in the special revenue fund and are appropriated
2.11to the
2.12events, media productions, or informational programs consistent with the powers and
2.13duties specified in subdivisions 1 to 7. The council may not publish advertising or provide
2.14exhibition space for any elected official or candidate for elective office. The council must
2.15report by January 15 each year to the chairs and ranking minority members of the house
2.16of representatives and senate funding divisions with jurisdiction over the council on the
2.17amount and source of each payment received under this paragraph in the prior fiscal year.
2.18(c) The council shall appoint an executive director who is experienced in
2.19administrative activities and familiar with the problems and needs of Black people. The
2.20council may delegate to the executive director powers and duties under subdivisions 1
2.21to 7 which do not require council approval. The commissioner of human rights shall
2.22also prescribe the duties of the executive director and have oversight of work plans and
2.23performance measures that meet outcomes for transparency and accountability. The
2.24executive director serves in the unclassified service
2.25
2.26
2.27unclassified service.
2.28
2.29 Sec. 3. Minnesota Statutes 2012, section 3.9226, subdivision 5, is amended to read:
2.30 Subd. 5. Powers. (a) The council may contract in its own name but may not accept
2.31or receive a loan or incur indebtedness except as otherwise provided by law. Contracts
2.32must be approved by a majority of the members of the council and executed by the chair
2.33and the executive director. The council may apply for, receive, and expend in its own name
2.34grants and gifts of money consistent with the powers and duties specified in this section.
3.1(b) The council shall appoint an executive director who is experienced in
3.2administrative activities and familiar with the problems and needs of Asian-Pacific people.
3.3The council may delegate to the executive director powers and duties under this section that
3.4do not require council approval. The commissioner of human rights shall also prescribe
3.5the duties of the executive director and have oversight of work plans and performance
3.6measures that meet outcomes for transparency and accountability. The executive director
3.7serves in the unclassified service
3.8
3.9
3.10
3.11 Sec. 4. Minnesota Statutes 2012, section 307.08, as amended by Laws 2013, chapter
3.12142, article 3, section 36, is amended to read:
3.13307.08 DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS;
3.14BURIALS; CEMETERIES; PENALTY; AUTHENTICATION.
3.15 Subdivision 1. Legislative intent; scope. It is a declaration and statement of
3.16legislative intent that all human burials, human remains, and human burial grounds shall
3.17be accorded equal treatment and respect for human dignity without reference to their
3.18ethnic origins, cultural backgrounds, or religious affiliations. The provisions of this
3.19section shall apply to all human burials, human remains, or human burial grounds found
3.20on or in all public or private lands or waters in Minnesota.
3.21 Subd. 2. Felony; gross misdemeanor. (a) A person who intentionally, willfully,
3.22and knowingly does any of the following is guilty of a felony:
3.23(1) destroys, mutilates, or injures human burials or human burial grounds; or
3.24(2) without the consent of the appropriate authority, disturbs human burial grounds
3.25or removes human remains.
3.26(b) A person who, without the consent of the appropriate authority and the
3.27landowner, intentionally, willfully, and knowingly does any of the following is guilty
3.28of a gross misdemeanor:
3.29(1) removes any tombstone, monument, or structure placed in any public or private
3.30cemetery or authenticated human burial ground; or
3.31(2) removes any fence, railing, or other work erected for protection or ornament,
3.32or any tree, shrub, or plant or grave goods and artifacts within the limits of a public or
3.33private cemetery or authenticated human burial ground; or
3.34(3) discharges any firearms upon or over the grounds of any public or private
3.35cemetery or authenticated burial ground.
4.1 Subd. 3. Protective posting. Upon the agreement of the appropriate authority and
4.2the landowner, an authenticated or recorded human burial ground may be posted for
4.3protective purposes every 75 feet around its perimeter with signs listing the activities
4.4prohibited by subdivision 2 and the penalty for violation of it. Posting is at the discretion
4.5of the American Indian
4.6discretion of the state archaeologist in the case of non-Indian burials. This subdivision
4.7does not require posting of a burial ground. The size, description, location, and
4.8information on the signs used for protective posting must be approved by the appropriate
4.9authority and the landowner.
4.10 Subd. 3a. Authentication. The state archaeologist shall authenticate all burial
4.11grounds for purposes of this section. The state archaeologist may retain the services
4.12of a qualified professional archaeologist, a qualified physical anthropologist, or other
4.13appropriate experts for the purpose of gathering information that the state archaeologist
4.14can use to authenticate or identify burial grounds. If probable Indian burial grounds are to
4.15be disturbed or probable Indian remains analyzed, the American Indian
4.16 Liaison Office must approve the professional archaeologist, qualified anthropologist, or
4.17other appropriate expert. Authentication is at the discretion of the state archaeologist
4.18based on the needs identified in this section or upon request by an agency, a landowner, or
4.19other appropriate authority.
4.20 Subd. 5. Cost; use of data. The cost of authentication, recording, surveying, and
4.21marking burial grounds and the cost of identification, analysis, rescue, and reburial of
4.22human remains on public lands or waters shall be the responsibility of the state or political
4.23subdivision controlling the lands or waters. On private lands or waters these costs shall
4.24be borne by the state, but may be borne by the landowner upon mutual agreement with
4.25the state. The state archaeologist must make the data collected for this activity available
4.26using standards adopted by the Office of MN.IT Services and geospatial technology
4.27standards and guidelines published by the Minnesota Geospatial Information Office. Costs
4.28associated with this data delivery must be borne by the state.
4.29 Subd. 7. Remains found outside of recorded cemeteries. All unidentified human
4.30remains or burials found outside of recorded cemeteries or unplatted graves or burials
4.31found within recorded cemeteries and in contexts which indicate antiquity greater than
4.3250 years shall be dealt with according to the provisions of this section. If such burials
4.33are not Indian or their ethnic identity cannot be ascertained, as determined by the state
4.34archaeologist, they shall be dealt with in accordance with provisions established by
4.35the state archaeologist and other appropriate authority. If such burials are Indian, as
4.36determined by the state archaeologist, efforts shall be made by the state archaeologist and
5.1the American Indian
5.2their probable tribal identity can be determined and the remains have been removed from
5.3their original context, such remains shall be turned over to contemporary tribal leaders for
5.4disposition. If tribal identity cannot be determined, the Indian remains must be dealt with in
5.5accordance with provisions established by the state archaeologist and the American Indian
5.6
5.7are from private land they shall be dealt with in accordance with provisions established
5.8by the American Indian
5.9state archaeologist or the American Indian
5.10remains shall be studied in a timely and respectful manner by a qualified professional
5.11archaeologist or a qualified physical anthropologist before being delivered to tribal leaders
5.12or before being reburied. Application by a landowner for permission to develop or disturb
5.13nonburial areas within authenticated or recorded burial grounds shall be made to the state
5.14archaeologist and other appropriate authority in the case of non-Indian burials and to the
5.15 American Indian
5.16case of Indian burials. Landowners with authenticated or suspected human burial grounds
5.17on their property are obligated to inform prospective buyers of the burial ground.
5.18 Subd. 8. Burial ground relocation. No non-Indian burial ground may be relocated
5.19without the consent of the appropriate authority. No Indian burial ground may be relocated
5.20unless the request to relocate is approved by the American Indian
5.21Office. When a burial ground is located on public lands or waters, any burial relocations
5.22must be duly licensed under section
5.23of and shall be paid by the state or political subdivision controlling the lands or waters.
5.24If burial grounds are authenticated on private lands, efforts may be made by the state to
5.25purchase and protect them instead of removing them to another location.
5.26 Subd. 9. Interagency cooperation. The Department of Natural Resources, the
5.27Department of Transportation, and all other state agencies and local governmental units
5.28whose activities may be affected, shall cooperate with the state archaeologist and the
5.29 American Indian
5.30 Subd. 10. Construction and development plan review. When human burials are
5.31known or suspected to exist, on public lands or waters, the state or political subdivision
5.32controlling the lands or waters or, in the case of private lands, the landowner or developer,
5.33shall submit construction and development plans to the state archaeologist for review
5.34prior to the time bids are advertised and prior to any disturbance within the burial area.
5.35If the known or suspected burials are thought to be Indian, plans shall also be submitted
5.36to the American Indian
6.1 American Indian
6.2receipt and make recommendations for the preservation in place or removal of the human
6.3burials or remains, which may be endangered by construction or development activities.
6.4 Subd. 11. Burial sites data. Burial sites locational and related data maintained
6.5by the Office of the State Archaeologist and accessible through the office's "Unplatted
6.6Burial Sites and Earthworks in Minnesota" Web site are security information for purposes
6.7of section
6.8to liability under section
6.9improperly use or further disseminate the data.
6.10 Subd. 12. Right of entry. The state archaeologist may enter on property for the
6.11purpose of authenticating burial sites. Only after obtaining permission from the property
6.12owner or lessee, descendants of persons buried in burial grounds covered by this section
6.13may enter the burial grounds for the purpose of conducting religious or commemorative
6.14ceremonies. This right of entry must not unreasonably burden property owners or
6.15unnecessarily restrict their use of the property.
6.16 Subd. 13. Definitions. As used in this section, the following terms have the
6.17meanings given.
6.18(a) "Abandoned cemetery" means a cemetery where the cemetery association has
6.19disbanded or the cemetery is neglected and contains marked graves older than 50 years.
6.20(b) "Appropriate authority" means:
6.21(1) the trustees when the trustees have been legally defined to administer burial
6.22grounds;
6.23(2) the American Indian
6.24grounds lacking trustees;
6.25(3) the county board in the case of abandoned cemeteries under section
6.26(4) the state archaeologist in the case of non-Indian burial grounds lacking trustees
6.27or not officially defined as abandoned.
6.28(c) "Artifacts" means natural or artificial articles, objects, implements, or other
6.29items of archaeological interest.
6.30(d) "Authenticate" means to establish the presence of or high potential of human
6.31burials or human skeletal remains being located in a discrete area, delimit the boundaries
6.32of human burial grounds or graves, and attempt to determine the ethnic, cultural, or
6.33religious affiliation of individuals interred.
6.34(e) "Burial" means the organic remnants of the human body that were intentionally
6.35interred as part of a mortuary process.
7.1(f) "Burial ground" means a discrete location that is known to contain or has high
7.2potential to contain human remains based on physical evidence, historical records, or
7.3reliable informant accounts.
7.4(g) "Cemetery" means a discrete location that is known to contain or intended to be
7.5used for the internment of human remains.
7.6(h) "Disturb" means any activity that significantly harms the physical integrity or
7.7setting of a human burial or human burial ground.
7.8(i) "Grave goods" means objects or artifacts directly associated with human burials or
7.9human burial grounds that were placed as part of a mortuary ritual at the time of internment.
7.10(j) "Human remains" means the calcified portion of the human body, not including
7.11isolated teeth, or cremated remains deposited in a container or discrete feature.
7.12(k) "Identification" means to analyze organic materials to attempt to determine if
7.13they represent human remains and to attempt to establish the ethnic, cultural, or religious
7.14affiliations of such remains.
7.15(l) "Marked" means a burial that has a recognizable tombstone or obvious grave
7.16marker in place or a legible sign identifying an area as a burial ground or cemetery.
7.17(m) "Qualified physical anthropologist" means a specialist in identifying human
7.18remains who holds an advanced degree in anthropology or a closely related field.
7.19(n) "Qualified professional archaeologist" means an archaeologist who meets the
7.20United States Secretary of the Interior's professional qualification standards in Code of
7.21Federal Regulations, title 36, part 61, appendix A, or subsequent revisions.
7.22(o) "Recorded cemetery" means a cemetery that has a surveyed plat filed in a
7.23county recorder's office.
7.24(p) "State" or "the state" means the state of Minnesota or an agency or official of the
7.25state acting in an official capacity.
7.26(q) "Trustees" means the recognized representatives of the original incorporators,
7.27board of directors, or cemetery association.
7.28 Sec. 5. Minnesota Statutes 2012, section 363A.06, is amended by adding a subdivision
7.29to read:
7.30 Subd. 1a. Oversight of councils of color. The commissioner shall establish
7.31measurable outcomes for each council, taking into account the unique cultural practices of
7.32each group represented by the respective council. As used in this subdivision, "measurable
7.33outcomes" means outcomes, indicators, or other performance measures that may be
7.34quantified when possible or otherwise measured in order to evaluate the effectiveness of
7.35the councils in meeting intended goals or purposes. In addition to the duties required by
8.1the respective council, the commissioner shall help establish work plans and performance
8.2measures for executive directors that meet outcomes for transparency and accountability.
8.3 Sec. 6. TRANSFER OF CERTAIN COUNCILS TO THE MINNESOTA
8.4DEPARTMENT OF HUMAN RIGHTS.
8.5The Council on Affairs of Chicano/Latino People under section 3.9223; the
8.6Council on Black Minnesotans under section 3.9225; and the Council on Asian-Pacific
8.7Minnesotans under section 3.9226 are transferred to the Minnesota Department of Human
8.8Rights under section 15.039. All the responsibilities, powers, duties, rights, obligations,
8.9and other authority imposed by law on the specific councils is transferred to the Minnesota
8.10Department of Human Rights pursuant to section 15.039. All personnel, appropriations,
8.11contracts, and other organizational matters of each individual council named in this section
8.12are transferred to the Minnesota Department of Human Rights pursuant to section 15.039.
8.13 Sec. 7. COMMISSIONER OF HUMAN RIGHTS ADVISORY TASK FORCE.
8.14The commissioner of human rights shall convene a task force to study and make
8.15recommendations to the legislature on creating advisory groups for cultural groups
8.16now represented under the respective councils listed in section 6. The commissioner
8.17shall engage representatives from the various groups now represented by the councils
8.18listed in section 6 to serve on the task force. In addition, the governor shall appoint a
8.19representative, and the majority and minority leaders of the house of representatives and
8.20senate shall appoint one member each to serve on the task force. The task force shall issue
8.21a report with recommendations to the legislature by January 15, 2015.
8.22 Sec. 8. AMERICAN INDIAN LIAISON OFFICE.
8.23(a) The commissioner of Minnesota Management and Budget shall create an
8.24American Indian Liaison Office in the Office of Minnesota Management and Budget.
8.25Since tribal governments are considered "domestic dependent nations" by the federal
8.26government, they have a unique and distinct relationship with federal and state
8.27governments. The purpose of the American Indian Liaison Office is to provide liaison
8.28services between the state and the eleven tribal governments in Minnesota. The liaison
8.29office shall serve as the primary point of contact between the state and individual tribal
8.30governments in Minnesota in order to maximize partnerships with tribal governments,
8.31address tribal concerns, and work collaboratively to develop guidance on matters of
8.32mutual tribal and state interests. In addition, the liaison office shall collaborate with other
8.33state agencies to develop guidance on issues involving tribal governments.
9.1(b) The staff, resources, and appropriations of the Indian Affairs Council under
9.2section 3.922 are transferred to Minnesota Management and Budget under section 15.039
9.3to carry out the duties of the Indian Affairs Council. Matters pertaining to Indian burial
9.4grounds and language revitalization shall continue under the American Indian Liaison
9.5Office.
9.6 Sec. 9. REVISOR'S INSTRUCTION.
9.7The revisor of statutes shall replace "Indian Affairs Council" with "American Indian
9.8Liaison Office" wherever it appears in Minnesota Statutes and Minnesota Rules.
9.9 Sec. 10. REPEALER.
9.10Minnesota Statutes 2012, section 3.922, subdivisions 1, 3, 4, 5, 6, 7, 8, 10, and 11,
9.11 are repealed when the American Indian Liaison Office under section 8 is operational.
