council on black minnesotans 2015 legislative agenda

8/10/2019 Council on Black Minnesotans 2015 Legislative Agenda

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Moving Beyond Tolerance to Allophilia

The Minnesota Legislature created the Council on Black Minnesotans in 1980 to ensure that people of African heritage

fully and effectively participate in and equitably benefit from the political, social and economic resources, policies and

procedures of the State of Minnesota.

Find Out How to Get Involved Now!

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http://www.councilonblackmn.com/take_actionmailto:[email protected]://mn.gov/cobm/index.htmlmailto:[email protected]://www.councilonblackmn.com/take_action


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After each of the aforementioned studies all Governmental Units were provided withrecommendations on how to address the two disparity analysis identified contracting discriminationand was also provided statutory approaches in M.S. 16C to prevent and remedy contractingdiscrimination in 1998 by the state legislature but the disparities and discrimination continues.

The State of Minnesota is the states largest employer with 40,208 people but each of its departmentshas affirmative action plans that do not comply with provisions in M.S. 43A. With this fact the statehas not issued any effort like the Olmsted plan for other protected class groups that are underutilized

in state employment. (all departments AA plans 2012-2014, Business Journal 2013)

According to the Department of Employment and Economic Development web site about 47,100 jobvacancies, or 55.6 percent, were located in the Twin Cities seven-county area. The remaining 37,600were in Greater Minnesota. Overall, there were 1.6 unemployed job seekers for each job vacancystatewide indicating that the labor market is tightening due to baby boomer retirements and continuedjob growth. Neither the state nor the private sector have developed and implemented a targeted plan toaddress the high unemployment rate in the African heritage community.

The U.S. Commission on Civil Rights has established an advisory committee in each of the 50 states

and the District of Columbia. The committees are composed of state citizens who serve without

compensation. The committees advise the Commission of civil rights issues in their states that arewithin the Commissions jurisdiction. Below is a summary from the Minnesota commission hearingsin 2011:

o The lack of resources for civil rights enforcement in the state has worsened, leaving Minnesota ina crisis mode.

o Audits and disparity studies are showing huge underutilization of Minority Groups which indicatenoncompliance with the administrative application of civil rights and equal opportunity laws.

o Many legal advocates and victims of discrimination are refusing to refer complaints to the localand state civil rights enforcement departments because they are in a continuous state of transition,have a backlog of complaints, and have unclear enforcement policies.

In 2009, an Economic Policy Institute Disparity Study was published that reported the Twin Citiesmetropolitan area suffered from the greatest employment disparity between whites and non-whites ofany United States City. The 2012, Wall Street Journal reports reaffirm the disparity continues forMinnesotans of African Heritage.

In the 24/7 Wall Street Journal Report; The 10 worst states for black Americans, it indicates atypical black household in Minnesota earned less than half the median income of white households in2013, well below the 62.3% nationwide. Low incomes among the black population are likely due inpart to a high unemployment rate. While 15% of black workers in the state were unemployed in 2013,fewer than 5% of the total workforce did not have a job, a gap nearly twice as large as the nationalgap. High unemployment rates tend to lead to higher rates of people without health insurance, as a

majority of Americans receive health insurance through their employers. While only 6.9% of whiteresidents did not have health insurance in 2013, nearly 33% of blacks were uninsured. Additionally,black Minnesotan households were three times less likely than white households to own their homes,a rate nearly twice as high as the rest of the nation. Across the country, black Americans were alsomore likely to be disenfranchised as a result of the criminal justice system. In 2013, more than 7% ofMinnesotas black population was barred from voting as a result of felony convictions orimprisonment.

In conclusion, the Minnesota Legislature in 1998 enacted the present day version of Minnesota Chapter16C (the Procurement Act) which, as since amended, provides in part: The Commissioner of

administration shall periodically designate businesses that are majority owned and operated by . . .


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specific minorities as targeted group businesses within purchasing categories as determined by thecommissioner. Despite the clear language of the Procurement Act, MNDOA has not performed therequisite designation of targeted group businesses.

In 1981, the Minnesota Legislature enacted Minnesota Chapter 43A (the Affirmative Action Act)which, as amended, provides in part:

The commissioner shall establish statewide affirmative action goals for each of the Federal EqualEmployment Opportunity (EEO) occupational categories applicable to state employment, using at least

the following factors:

The percentage of members of each protected class in the recruiting area population who have the

necessary skills; and

The availability for promotion or transfer of current employees who are members of protected classes.

The Affirmative Action Act further provides that the Commissioner of MNDOA shall annually audit therecord of each agency to determine the rate of compliance with affirmative action requirements andsubmit a bi-annual report to the governor and various offices of the Minnesota Legislature. Despite theclear language of the Affirmative Action Act, the Commissioner of MNDOA has not performed therequired audits or has it performed its mandatory, affirmative duties under the Procurement Act. Despite

the clear language of the Affirmative Action Act, the Commissioner of MNDOT has not implemented asufficient affirmative action program.

In 2012, each state department published Affirmative Action Plans that do not meet the intent ofMinnesota Chapter 43A.

In 2013, the most recent year for which such data has been obtained by community members, MNDOTcontracted for only $891.00 with African American contractors. This represented less than .00023% ofthe approximately $400 million in contracts entered into by MNDOT during 2013.

The Minnesota Legislature established the Human Rights Act in 1955 to ensure all citizens freedom from

discrimination. The Department of Human Rights has not had a net increase in funding in over twentyyears.

Minnesota Statutes Section 586.01 provides in part that a . . . writ of mandamus may be issued to anyinferior tribunal, corporation, board, or person to compel the performance of an act which the lawspecially enjoins as a duty resulting from an office, trust, or station.Under the compelling circumstancespresented here, it is appropriate for the Court to issue a writ of mandamus to the Commissioners ofMNDOA and MNDOT.

Further, The Commissioners of MNDOA, MDHR and MNDOT have caused individual and corporatecitizens we represent in Minnesotas African Heritage community to be injured as a direct and proximate

result of their failure to comply with the mandatory, affirmative requirements of the State of Minnesotas

Human Rights Act, Procurement Act and the Affirmative Action Act. The strict administrative applicationof these acts must be achieved to ensure ALL Minnesotans continue to contribute to its greatest.

The aforementioned and proposed legislation on the next pages represent our advice andrecommendations for 2014 -2015 to ensure Minnesotans of African heritage fully and effectivelyparticipate in and equitably benefit from the political, social and economic resources, policies andprocedures of the State of Minnesota.


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References: Kotter, J & Cohen, D 2002, the heart of change, Harvard Business School Press, Boston Mink, O, Esterhuysen, P, Mink, B & Owen, K 1993, Change atwork, John Wiley & Sons, San Francisco. MGT America 2009 and Mason Tillman 1998 State of Minnesota disparity studies,The Worst States for Black Americans -24/7 Wall St.http://247wallst.com/special-report/2014/12/09/the-worst-states-for-black-americans/#ixzz3LuVXIQSz. 2014 Black Capital Report Dr. BruceCorrie.

COBM Expansion

There have been no amendments to the council duties since its inception. The council state

appropriations have not had a net increase since its inception. When the council was formed in 1980there were 52, 000 African heritage residents. Today there are nearly 320,000 of which 76.000 arerecent African immigrants.

We believe diversifying the composition of the council board, changing its name; expanding itsduties, clearly defining it relationship with the office of the governor and legislature, increasing itsfunding and establishing outstate offices will improve its ability to positively impact growingsocioeconomic and sociopolitical challenges/disparities impacting Black Minnesotans.

Please note when reading the bills below, Underlined text means additions and Strike through text means deleted

12/19/14 REVISOR SGS/IL 15-0899

1.1 A bill for an act

1.2 relating to state government; expanding duties and powers of the Council on

1.3 Black Minnesotans; amending Minnesota Statutes 2014, section 3.9225.

1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.5 Section 1. Minnesota Statutes 2014, section 3.9225, is amended to read:

1.6 3.9225 COUNCIL ON BLACK MINNESOTANS.1.7 Subdivision 1. Creation. A state Council on Black Minnesotans (COBM) consists1.8 of 13 15 members appointed by the governor. The members of the council must be broadly1.9 representative of the Black community of the state and include at least five males and at

1.10 least five females. One member of the council must be a person whose ethnic heritage is1.11 from West Africa, and one member of the council must be a person whose ethnic heritage1.12 is from East Africa. There must be equal representation of African Americans, East1.13 Africans, and West Africans on the council. Membership terms, compensation, removal of1.14 members, and filling of vacancies for nonlegislative members are as provided in section1.15 15.0575. Because the council performs functions that are not purely advisory, the council1.16 is not subject to the expiration date in section 15.059. Two members of the house of1.17 representatives appointed by the speaker and two members of the senate appointed by1.18 the Subcommittee on Committees of the Committee on Rules and Administration shall1.19 serve as nonvoting members of the council. The council shall annually elect from its1.20 membership a chair and other officers it deems necessary.

1.21 Subd. 2. Definitions. For the purpose of this section:1.22 (1) "Black" describes persons who consider themselves as having origin in any of1.23 the Black racial groups of Africa;2.1 (2) "East Africa" means the eastern region of the continent of Africa, comprising2.2 areas occupied by the countries of Burundi, Kenya, Rwanda, Tanzania, Uganda, and2.3 Somalia; and2.4 (3) "West Africa" means the western region of the continent of Africa comprising2.5 areas occupied by the countries of Mauritania, Senegal, The Gambia, Guinea-Bissau,2.6 Guinea, Sierra Leone, Liberia, Cote d'Ivoire, Ghana, Togo, Benin, Nigeria, Burkina Faso,
http://247wallst.com/special-report/2014/12/09/the-worst-states-for-black-americans/#ixzz3LuVXIQSzhttp://247wallst.com/special-report/2014/12/09/the-worst-states-for-black-americans/#ixzz3LuVXIQSzhttp://247wallst.com/special-report/2014/12/09/the-worst-states-for-black-americans/#ixzz3LuVXIQSzhttp://247wallst.com/special-report/2014/12/09/the-worst-states-for-black-americans/#ixzz3LuVXIQSzhttp://247wallst.com/special-report/2014/12/09/the-worst-states-for-black-americans/#ixzz3LuVXIQSzhttp://247wallst.com/special-report/2014/12/09/the-worst-states-for-black-americans/#ixzz3LuVXIQSzhttp://247wallst.com/special-report/2014/12/09/the-worst-states-for-black-americans/#ixzz3LuVXIQSzhttp://247wallst.com/special-report/2014/12/09/the-worst-states-for-black-americans/#ixzz3LuVXIQSz


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2.7 and those parts of Mali and Niger south of the Sahara.; and2.8 (4) "Caribbean" means Afro-Jamaican, Trinidadian, Bahamian, Barbadian, Cuban,2.9 Costa Rican, Haitian, Puerto Rican, Grenadian, and Vincentian.


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2.10 Subd. 3. Duties. The council shall:2.11 (a) advise brief the governor and the legislature legislative leaders on the nature of2.12 the issues confronting Black people in this state policy and administrative matters of2.13 concern to Minnesotans of African heritage and the COBM;2.14 (b) advise the governor and the legislature on statutes or rules necessary to ensure2.15 that Black people Minnesotans of African heritage have access to benefits and services2.16 provided to people in this state;2.17 (c) recommend to the governor and the legislature any revisions in the state's

2.18 affirmative action program and other steps that are necessary to eliminate underutilization2.19 of Blacks Minnesotans of African heritage in the state's work force;2.20 (d) recommend to the governor and the legislature legislation to improve the2.21 economic and social condition of Black people Minnesotans of African heritage in this2.22 state;2.23 (e) serve as a conduit to state government for organizations of Black people2.24 Minnesotans of African heritage in the state;2.25 (f) serve as a referral agency to assist Black people Minnesotans of African heritage2.26 to secure access to state agencies and programs;2.27 (g) serve as a liaison with the federal government, local government units, and2.28 private organizations on matters relating to the Black people of this state Minnesotans

2.29 of African heritage;2.30 (h) perform or contract for the performance of studies designed to suggest solutions2.31 to problems of Black people Minnesotans of African heritage in the areas of education,2.32 employment, human rights, health, housing, social welfare, and other related areas;2.33 (i) have a community membership base;2.34 (i) (j) implement programs designed to solve problems of Black people Minnesotans2.35 of African heritage when authorized by other statute, rule, or order;2.36 (k) have its annual legislative agenda ratified by its membership base;(j) (l) review data provided by the commissioner of human services under section3.2 260C.215, subdivision 5, and present recommendations on the out-of-home placement3.3 of Black children of African heritage. Recommendations must be presented to the

3.4 commissioner and the legislature by February 1, 1990; November 1, 1990; and November3.5 1 of each year thereafter; and3.6 (m) be the first contact for legislators and the governor's office on matters concerning3.7 the African heritage community;3.8 (k) (n) publicize the accomplishments of Black people Minnesotans of African3.9 heritage and their contributions to this state.;3.10 (o) be available to political caucuses on matters relating to African heritage3.11 communities;3.12 (p) develop a strategic plan to achieve outcomes related to the council's statutory3.13 duties;3.14 (q) use an outside source to conduct periodic strategic plan outcome reviews;

3.15 (r) operate satellite offices in Mankato, Rochester, Duluth, and St. Cloud;3.16 (s) testify before legislative committees on legislation affecting Minnesotans of3.17 African heritage; and3.18 (t) recommend bonding initiatives that benefit Minnesotans of African heritage.

3.19 Subd. 4. Review of grant applications. All applications by a state department or3.20 agency for the receipt of federal funds which will have their primary effect on Black3.21 Minnesotans of African heritage shall be submitted to the council for review and3.22 recommendation at least 30 days before submission to a federal agency.


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Human Rights

The U.S. Commission on Civil Rights has established an advisory committee in each of the 50 states andthe District of Columbia. The committees are composed of state citizens who serve withoutcompensation. The committees advise the Commission of civil rights issues in their states that are withinthe Commissions jurisdiction. Below is a summary from the Minnesota commission hearings in 2011:

The lack of resources for civil rights enforcement in the state has worsened, leaving Minnesota in a

crisis mode.

Audits and disparity studies are showing huge underutilization of Minority Groups which indicate

noncompliance with the administrative application of civil rights and equal opportunity laws.

Many legal advocates and victims of discrimination are refusing to refer complaints to the local andstate civil rights enforcement departments because they are in a continuous state of transition, have abacklog of complaints, and have unclear enforcement policies.

12/18/14 REVISOR SGS/JC 15-0900


1.2 relating to human rights; providing compliance oversight for human rights claims;1.3 appropriating money; amending Minnesota Statutes 2014, section 363A.06,

1.4 subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 6.

1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 Section 1. [6.92] STATEWIDE COMPLIANCE OVERSIGHT.1.7 (a) In order to increase enforcement and oversight functions of the Department of1.8 Human Rights, the state auditor shall establish a department within the Office of the1.9 State Auditor to:1.10 (1) ensure that all duties specified in section 363A.06 are dealt with as a priority;1.11 (2) implement audit and review procedures for state agencies and contractors to

1.12 follow to comply with applicable provisions in chapters 16C and 43A and section 363A.06;1.13 (3) conduct affirmative action and human rights impact analysis on all executive1.14 orders to be issued and propose legislation needed;1.15 (4) review and approve all state contract procurement services under chapter 16C for1.16 compliance with chapter 363A;1.17 (5) establish benchmarks for meeting equal opportunity requirements in contracting;1.18 and1.19 (6) establish good faith benchmarks for equal opportunity compliance in1.20 subcontracting.1.21 (b) The state auditor shall report to the legislative committees with jurisdiction over1.22 human rights on the findings of the audit by January 15, 2016, and annually thereafter.

1.23 The report shall be issued to the governor and the public at large through the state auditor's1.24 Web site.

Sec. 2. Minnesota Statutes 2014, section 363A.06, subdivision 1, is amended to read:2.2 Subdivision 1. Formulation of policies. (a) The commissioner shall formulate2.3 policies to effectuate the purposes of this chapter and shall do the following:2.4 (1) exercise leadership under the direction of the governor in the development of2.5 human rights policies and programs, and make recommendations to the governor and the2.6 legislature for their consideration and implementation;2.7 (2) establish and maintain a principal office in St. Paul, and any other necessary


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2.8 branch offices at any location within the state;2.9 (3) meet and function at any place within the state;2.10 (4) employ attorneys, clerks, and other employees and agents as the commissioner2.11 may deem necessary and prescribe their duties;2.12 (5) to the extent permitted by federal law and regulation, utilize the records of the2.13 Department of Employment and Economic Development of the state when necessary2.14 to effectuate the purposes of this chapter;2.15 (6) obtain upon request and utilize the services of all state governmental departments

2.16 and agencies;2.17 (7) adopt suitable rules for effectuating the purposes of this chapter;2.18 (8) issue complaints, receive and investigate charges alleging unfair discriminatory2.19 practices, and determine whether or not probable cause exists for hearing;2.20 (9) subpoena witnesses, administer oaths, take testimony, and require the production2.21 for examination of any books or papers relative to any matter under investigation or in2.22 question as the commissioner deems appropriate to carry out the purposes of this chapter;2.23 (10) attempt, by means of education, conference, conciliation, and persuasion to2.24 eliminate unfair discriminatory practices as being contrary to the public policy of the state;2.25 (11) develop and conduct programs of formal and informal education designed to2.26 eliminate discrimination and intergroup conflict by use of educational techniques and

2.27 programs the commissioner deems necessary;2.28 (12) make a written report of the activities of the commissioner to the governor2.29 each year;2.30 (13) accept gifts, bequests, grants, or other payments public and private to help2.31 finance the activities of the department;2.32 (14) create such local and statewide advisory committees aswill in the commissioner's2.33 judgment aid in effectuating the purposes of the Department of Human Rights;2.34 (15) develop such programs as will aid in determining the compliance throughout2.35 the state with the provisions of this chapter, and in the furtherance of such duties, conduct2.36 research and study discriminatory practices based upon race, color, creed, religion,

3.1 national origin, sex, age, disability, marital status, status with regard to public assistance,3.2 familial status, sexual orientation, or other factors and develop accurate data on the nature3.3 and extent of discrimination and other matters as they may affect housing, employment,3.4 public accommodations, schools, and other areas of public life;3.5 (16) develop and disseminate technical assistance to persons subject to the provisions3.6 of this chapter, and to agencies and officers of governmental and private agencies;3.7 (17) provide staff services to such advisory committees as may be created in aid of3.8 the functions of the Department of Human Rights;3.9 (18) make grants in aid to the extent that appropriations are made available for that3.10 purpose in aid of carrying out duties and responsibilities; and3.11 (19) cooperate and consult with the commissioner of labor and industry regarding3.12 the investigation of violations of, and resolution of complaints regarding section 363A.08,

3.13 subdivision 7.3.14 In performing these duties, the commissioner shall give priority to those duties in3.15 clauses (8), (9), and (10) and to the duties in section 363A.36.3.16 (b) All gifts, bequests, grants, or other payments, public and private, accepted under3.17 paragraph (a), clause (13), must be deposited in the state treasury and credited to a special3.18 account. Money in the account is appropriated to the commissioner of human rights to3.19 help finance activities of the department.


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3.20 Sec. 3. HUMAN RIGHTS COMMISSIONER STUDY COMMITTEE;3.21 REGIONAL OFFICES.3.22 (a) The commissioner of human rights shall establish a committee to study the process3.23 of implementing the United Nation's International Covenant to End All Forms of Racial3.24 Discrimination and address issues relating to fair housing discrimination and restoration3.25 of rights to ex-offenders. The commissioner shall issue a report to the committees of3.26 the legislature with jurisdiction over human rights by January 15, 2016, and shall make3.27 recommendations on necessary legislation needed to address the findings from the report.

3.28 (b) The commissioner of human rights shall establish regional offices in St. Cloud,3.29 Mankato, Rochester, and Duluth.

3.30 Sec. 4. APPROPRIATION TO THE STATE AUDITOR.3.31 $......... in fiscal year 2016 and $.......... in fiscal year 2017 are appropriated from the3.32 general fund to the state auditor to carry out the provisions in section. This appropriation3.33 shall be added to the Office of the State Auditor's base funding.


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Jobs/Economic Development

Based on Minnesota Economic Policy Institute (EPI) 2012, Mason Tillman 1998, MGT America, 2006,All Departments Affirmative Action Plans, 2012-2014

In 2011, 37.2 percent of Blacks were living in poverty; a typical black household in Minnesota earned

less than half the median income of white households in 2013, well below the 62.3% nationwide. Lowincomes among the black population are likely due in part to a high unemployment rate. While 15% ofblack workers in the state were unemployed in 2013, fewer than 5% of the total workforce did not

have a job, a gap nearly twice as large as the national gap. In 2011, the median household income forBlacks stood near $27,000, less than half the statewide median of $55,459,and

State of Minnesotas contracting activities are discriminatory, noncompliant and have underutilizedTargeted Business Groups in all areas of contracting since 1998, and all state departments have severeunderutilization of African Heritage professionals and all required departments have producednoncompliant affirmative action plans.

12/18/14 REVISOR SGS/JC 15-0901


1.2 relating to state government; defining good faith effort in the state procurement1.3 process; amending Minnesota Statutes 2014, section 16C.02, by adding a

1.4 subdivision.

1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.6 Section 1. Minnesota Statutes 2014, section 16C.02, is amended by adding a1.7 subdivision to read:

1.8 Subd. 7b. Good faith outreach effort. "Good faith outreach effort" means a bidder1.9 not binding itself to the established outreach goal may be classified as a responsive and1.10 responsible bidder if the bidder documents and establishes to the state that the bidder has

1.11 engaged in the following good faith efforts:1.12 (1) has listed each possible subcontract opportunity in the prime contract indicating,1.13 where possible, the SIC Code of such work and seeks the assistance of the Department of1.14 Administration in ascertaining subcontract opportunities;1.15 (2) has obtained a current list of certified target business groups (TBG), disadvantaged1.16 business enterprise (DBE), small business enterprise (SBE), minority business enterprises1.17 (MBE), and women's business enterprise (WBE) from the commissioner which contains,1.18 where available, the applicable SIC Code or codes for each business;1.19 (3) has attended all prebid conferences to obtain information about the states' TBGs,1.20 DBEs, SBEs, MBEs, and WBEs and each group's level of participation and the outreach1.21 requirements for each group;

1.22 (4) has requested assistance from minority and women community organizations,1.23 minority and women contractor groups, or other organizations that provide assistance in1.24 the recruitment and placement of the businesses listed in clause (2);(5) has obtained a current list of minority and women publications from the2.2 commissioner;2.3 (6) has solicited bids from the groups listed in clause (2) which are identified by2.4 the commissioner in consultation with the bidder as being available and capable of2.5 performing the necessary work, and has solicited bids for the subcontracts within the2.6 prime contract at least ten days prior to bid opening, by phone, advertisement in a local2.7 paper, and the relevant minority publications on the list provided by the commissioner, or


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2.8 other means specified by written notice from the commissioner to the bidder. The bidder2.9 for the prime contract must solicit bids from a minimum of five certified businesses listed2.10 in clause (2) for each subcontract within the prime contract by SIC code where available2.11 and applicable. If the applicable certified list, using the SIC code or codes where available2.12 is five or fewer, the bidder must contact the entire list;2.13 (7) has provided plans and specifications or information regarding the location of2.14 each contract bid to the certified businesses listed in clause (2);2.15 (8) when applicable, advise and make efforts to assist interested businesses in clause

2.16 (2) to obtain bonds, lines of credit, or insurance required to perform the contract; and2.17 (9) if bids were rejected, submit documentation giving the complete basis to the2.18 certified vendor for the rejection and evidence that the rejection was justified. Bidders2.19 on prime contracts who continually list the same certified businesses listed in clause (2)2.20 as having been contacted and listed as unavailable, when contact has previously been2.21 unsuccessful due to disconnected telephone numbers or returned mail via postal service or2.22 e-mail, will not be considered in compliance with the outreach efforts.


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01/06/15 REVISOR SS/HR 15-0835


1.2 relating to workforce development; expanding the membership of the Urban

1.3 Initiative Board; authorizing African heritage urban challenge grants; amending

1.4 Minnesota Statutes 2014, sections 116M.15, subdivision 1; 116M.18, by adding

1.5 a subdivision.

1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.7 Section 1. Minnesota Statutes 2014, section 116M.15, subdivision 1, is amended to read:1.8 Subdivision 1. Creation; membership. The Urban Initiative Board is created and1.9 consists of the commissioner of employment and economic development, the chair of the1.10 Metropolitan Council, and eight 14 members from the general public appointed by the1.11 governor. Six of the public members must be representatives from minority business1.12 enterprises and six members must be from African heritage communities as defined in1.13 section 116M.18, subdivision 4b, paragraph (b). No more than four of the public members1.14 may be of one gender. All public Six members must be experienced in business or1.15 economic development. The six African heritage members must have knowledge of, and1.16 experience working to address, economic disparities in the geographic areas they represent.

1.17 Sec. 2. Minnesota Statutes 2014, section 116M.18, is amended by adding a subdivision1.18 to read:1.19 Subd. 4b. African heritage grants. (a) Urban challenge grants may be used to1.20 make grants to African heritage nonprofits to address workforce and economic disparities.1.21 (b) For the purposes of this section, "African heritage community" means an area in1.22 Duluth, Rochester, Mankato, St. Cloud, Minneapolis, or St. Paul that has a significant1.23 African heritage population and a surplus of labor.2.1 (c) In order to receive a grant under this subdivision, an African heritage nonprofit2.2 must:2.3 (1) have significant board members who are of African heritage;2.4 (2) have its primary office in an African heritage community; and

2.5 (3) be managed by personnel with at least five years of experience working on2.6 African heritage employment disparities.2.7 (d) A grant recipient must:2.8 (1) find alternate means to support the nonprofit after five years of grant support; and2.9 (2) use grant funds to address one or more of the following:2.10 (i) the creation or operation of a business incubator in an African heritage community;2.11 (ii) the creation or operation of an existing entity that provides entrepreneurial and2.12 financial assistance to emerging and existing African heritage or other business planning2.13 to locate in an African heritage community;2.14 (iii) assist unemployed African heritage individuals located in African heritage2.15 communities with attaining their commercial drivers' licenses;

2.16 (iv) assist unemployed African heritage individuals located in African heritage2.17 communities with attaining training and employment placement; and2.18 (v) the creation or operation of a business industrial park in an African heritage2.19 community.2.20 (e) The total grants awarded under this subdivision must be $30,000,000 each2.21 biennium. The grants awarded do not require a match. The Urban Initiative Board2.22 must create a performance-based approach to determine eligibility for grants under this2.23 subdivision.


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Education

Based on Department Of Education Reports, 2011-2012

Minnesota has long enjoyed a reputation for its high-quality public education, placing at or near the

top in many nation-wide rankings and measures. But these encouraging statistics mask growingconcerns of a widening achievement gap that is leaving many students unprepared for a successfulfuture. Currently:

Seventy-seven percent of the 3rd graders across the state read at grade level in 2011, but only 60percent of those who transferred schools during the year did.

About 49 percent of 11th grade students in Minnesota achieved state standards in math in 2011, upsignificantly from 30 percent in 2006. High school juniors in the Twin Cities are slightly more likelyto be proficient than those in Greater Minnesota.

Overall, only about three-quarters of our states students graduated on time from high school in 2011;but only 55 percent of students of color. There has been little progress improving this rate during thepast 6 years.

The ratio of guidance counselors to student in Minnesotas Public Schools is roughly 1:700. The

national average is 1:450.

The growing cost of higher education at all levels is putting it out of reach for students of color.

12/31/14 REVISOR JFK/HR 15-0907


1.2 relating to education; modifying certain community education provisions;

1.3 amending Minnesota Statutes 2014, section 124D.20, by adding a subdivision.

1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.5 Section 1. Minnesota Statutes 2014, section 124D.20, is amended by adding a

1.6 subdivision to read:1.7 Subd. 13. Targeted communities. (a) A school district containing a targeted1.8 community must assign at least 50 percent of revenue under subdivisions 3, 4, and 4a to1.9 local educational nonprofits. A school district has a targeted community if the school1.10 district (1) contains any area of a targeted community as designated by a city under section1.11 469.202 or (2) the school board designates an area of the district using the criteria under1.12 section 469.202, subdivisions 2 and 3.1.13 (b) For purposes of this subdivision, a "local educational nonprofit" means a nonprofit1.14 organization capable of providing services under subdivision 4a, 8, or 9 that is either:1.15 (1) located within the targeted community either by the organization's or the owner's1.16 address; or1.17 (2) located outside the targeted community if:1.18 (i) there is not a local educational nonprofit within the targeted community;1.19 (ii) the nonprofit has experience working in the targeted community; and1.20 (iii) the nonprofit will hire and train residents of the targeted community to provide1.21 the services.1.22 EFFECTIVE DATE. This section is effective for fiscal year 2016 and later.

We support the following:1. MNSCU Charting The Future2. Student Services Personnel Team Staffing Grants - SF 799 (2015 session)3. Department Education Early Childhood Education Initiative


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Housing

Only 29.4 percent of Black Minnesotans owned the home they lived in, while the rest rented.

Black Minnesotan households were three times less likely than white households to own their homes,

a rate nearly twice as high as the rest of the nation.

African Americans renters paid a higher percentage of their income for housing - 61.3 percent hadpaid more than 30 percent of their household income per the previous 12 months.

The household wealth of Blacks dropped more than that of Whites during the Great Recession,according to a study released by the Pew Research Center. Pew Researchers say the decline of thehousing market is the main influence behind the increasing gap in wealth between White householdsand their Black counterparts.

12/19/14 REVISOR SS/AA 15-0834A bill for an act1.1 relating to housing finance; modifying capacity building grants; amending1.2 Minnesota Statutes 2014, section 462A.21, subdivision 3b.1.3 BEITENACTEDBYTHELEGISLATUREOFTHESTATEOFMINNESOTA:1.4 Section 1. Minnesota Statutes 2014, section 462A.21, subdivision 3b, is amended to1.5 read:1.6 Subd. 3b. Capacity building grants. It (a)The agency may make capacity building1.7 grants to for the purpose of expanding capacity and providing affordable housing and1.8 housing-related services.1.9 (b) The agency may award grants to:1.10 (1) nonprofit organizations,;1.11 (2) nonprofit organizations managed by African heritage individuals that provide1.12 landlord and tenant counseling and mediation in Duluth, Rochester, St. Cloud, Mankato,1.13 Minneapolis, and St. Paul community with a significant African heritage population1.14 and high renter population;1.15 (3) local government units,; and1.16 (4) Indian tribes, and Indian tribal organizations to expand their capacity to provide

1.17 affordable housing and housing-related services.1.18 (c) The grants may be used to assess housing needs and to develop and implement1.19 strategies to meet those needs, including the creation or preservation of affordable1.20 housing, pre purchase and post purchase counseling and associated administrative costs,1.21 and the linking of supportive services to the housing. The agency shall adopt rules1.22 specifying the eligible uses of grant money.2.1 (d) Funding priority must be given to those applicants that include low-income2.2personsintheirmembership, and have provided housing-related services to low-income2.3 people, and.2.4 (e) Grant recipients not meeting the priority requirements in paragraph (d)2.5 must demonstrate a local commitment of local resources, which may include in-kind

2.6 contributions.2.7 (f) Grants under this subdivision maybe made only with specific appropriations by2.8 the legislature or revenues of the agency and grants received by the agency.

We support the following:

1. Minnesota Housing Finance 2015 Affordable Housing Plan2. Housing Opportunities Made Equitable Pilot Project - $100M3. Homes for All - $39M


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2.12 Subd. 2. Land use plan. (a) A land use plan shall include the water management2.13 planrequiredbysection103B.235, and shall designate the existing and proposed location,2.14 intensity and extent of use of land and water, including lakes, wetlands, rivers, streams, - 2.15 naturaldrainage courses, and adjoining land areas that affect water natural resources, for2.16 agricultural, residential, commercial, industrial and other public and private purposes, or2.17 any combination of such purposes.2.18 (b) A land use plan shall contain a protection element, as appropriate, for historic2.19 sites, the matters listed in the water management plan required by section 103B.235, and

2.20 an element for protection and development of access to direct sunlight for solar energy2.21 systems.2.22 (c)A land use plan shall also include a housing element containing standards, plans2.23 andprogramsforprovidingadequatehousingopportunitiestomeetexistingandprojected2.24 local and regional housing needs, including but not limited to the use of official controls2.25 and land use planning to promote the availability of land for the development of low2.26 and moderate income housing.2.27 (d) A land use plan shall also include the local government's goals, intentions, and2.28 priorities concerning aggregate and other natural resources, transportation infrastructure,2.29 land use compatibility, habitat, agricultural preservation and development, and other2.30 planning priorities, considering information regarding supply from the Minnesota

2.31 Geological Survey Information Circular No. 46.2.32 - Sec. 3. Minnesota Statutes 2014, section 73.859,subdivision 5,is amended to read: Subd. 5.Urbanization and redevelopment areas. The comprehensive plans may3.1 designate, when appropriate, five-year urbanization areas and shall specify in the capital3.2 improvementprogramthetimingandsequenceofmajorlocalpublicfacilitiesandinthe3.3 implementationprogramofficialcontrolswhichwillensurethaturbanizationoccursonly3.4 in urbanization areas and in accordance with the plan.3.5 The comprehensive plans may designate, when appropriate, redevelopment areas3.6 and may, as appropriate, specify in the capital improvement program the timing and3.7 sequenceoflocalpublicfacilitiesandintheimplementationprogramthefiscaldevicesor3.8 officialcontrolsthatwillensurethatredevelopmentoccursinaccordancewiththeplan.

3.9 The comprehensive plan for a city with a population greater than 60,000 residents3.10 shall include urban agriculture development zones; include an approach for development3.11 and maintenance of the zones; specify in the capital improvement program the timing and3.12 sequence of the zones; and specify in the implementation program the fiscal devices3.13 or official controls that will ensure that redevelopment occurs according to the plan.3.14 Additionally, the comprehensive plan will define when and where urban agricultural3.15 development initiatives fit as a highest and best use in areas outside of designated zones


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A bill for an act

1.1 relating to sustainable agriculture; modifying certain programs and grants;

1.2 amending Minnesota Statutes 2012, sections17.115, subdivisions 2, 3; 17.116;

1.3 17.1161.

1.4 BE IT ENACTEDBYTHELEGISLATUREOFTHESTATEOFMINNESOTA:1.5 - Section1. Minnesota Statutes 2012, section 17.115, subdivision 2, is amended to read:1.6 Subd. 2. Loan criteria. (a) The shared savings loan program must provide loans

1.7 for purchase of new or used machinery, urban agriculture development in cities with1.8 populations greater than 60,000 people, and installation of equipment for projects that1.9 make environmental improvements and enhance farm profit ability. Eligible loan uses do1.10 not include seed, fertilizer, or fuel.1.11 (b) Loans may not exceed $40,000 per individual or organization applying for a loan1.12 and may not exceed $160,000 for loans to four or more individuals or to two or more1.13 organizations on joint projects. The loan repayment period may be up to seven years as1.14 determined by project cost and energy savings. The interest rate on the loans must not1.15 exceed six percent.1.16 (c) Loans may only be made to residents and organizations of this state engaged in1.17 farming.

1.18 Sec. 2. Minnesota Statutes 2012, section 17.115, subdivision 3, is amended to read:1.19 Subd. 3. Awarding of loans. (a) Applications for loans must be made to the1.20 commissioner on forms prescribed by the commissioner.1.21- (b) The applications must be reviewed, ranked, and recommended by a loan review1.22 panel appointed by the commissioner. The loan review panel shall consist of two - lenders withagricultural experience, two resident farmers of the state using sustainable2.1 agriculture methods, two resident farmers of the state using organic agriculture methods,2.2 a farm management specialist, two residents of the state practicing urban agriculture, a2.3 representative from a post-secondary education institution, and a chair from the department.2.4 (c) The loan review panel shall rank applications according to the following criteria:2.5 (1) realize savings to the cost of agricultural production;

2.6 (2) reduce or make more efficient use of energy or inputs;2.7 (3) increase overall farm profitability; and - 2.8 (4) result in environmental benefits.2.9 (d) A loan application must show that the loan can be repaid by the applicant.2.10- (e) The commissioner must consider the recommendations of the loan review panel2.11 and may make loans for eligible projects.2.12 Sec. 3. MinnesotaStatutes2012, section17.116, is amended to read:2.13 17.116 SUSTAINABLE AGRICULTURE DEMONSTRATION GRANTS.2.14 Subdivision1. Establishment. The commissioner shall establish a grant program2.15 for sustainable agriculture methods that demonstrates best management practices,2.16 including farm input reduction or management, urban agriculture development in cities2.17 with populations greater than 60,000 people, enterprise diversification including new crops

2.18 and livestock, farm energy efficiency or production, or the transfer of technologies that2.19 enhance the environment and farm profit ability. The commissioner shall use the program2.20 to demonstrate and publicize the energy efficiency, environmental benefit, and profitability2.21 of sustainable agriculture techniques or systems from production through marketing,2.22 and to assist eligible organizations and individuals in qualifying urban cities address2.23 fresh food access including access to affordable organic food store duce food deserts, as2.24 defined by the United States Department of Agriculture, through the development of urban 2.25agriculture projects. The grants must fund research or demonstrations on farms consistent2.26 with the program objectives.2.27 Subd. 2. Eligibility. (a)Grants may only be made to farmers, educational institutions,


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2.28 individual sat educational institutions, or nonprofit organizations residing or located in the2.29 state for research or demonstrations on farms in the state or organizations and individuals - 2.30 inqualifying urban cities that address fresh food access including access to affordable2.31 organic food stores reduce food deserts through the development of urban agriculture projects. 2.32(b) Grants may only be made for projects that show:2.33 (1) for projects that demonstrate:2.34 (i)the ability to maximize director indirect energy savings or production (2) - (ii)appositive effect orreduced adverse effect on the environment ;and

3.1 (3)(iii)increasedprofitabilityfortheindividualfarmbyreducingcostsorimproving3.2 marketing opportunities; or3.3 (2)for projects that address fresh food access including access to affordable organic3.4 food stores reduce food deserts through the development of urban agriculture projects.3.5 Subd. 3. Awarding of grants. (a) Applications for grants must be made to the3.6 commissioner on forms prescribed by the commissioner.3.7 (b) The applications must be reviewed, ranked, and recommended by a technical3.8 review panel appointed by the commissioner. The technical review panel shall consist of a3.9 soil scientist, anagronomist, are presentative from a post-secondary educational institution,3.10 an agricultural marketing specialist, two resident farmers of the state using sustainable3.11 agriculture methods, two resident farmers of the state using organic agriculture methods,

3.12 two residents of the state practicing urban agriculture, and a chair from the department.3.13 (c) The technical review panel shall rank applications according to the following3.14 criteria:3.15 (1) direct or indirect energy savings or production;3.16 (2) environmental benefit;3.17 (3) farm profitability;3.18 (4)the number of farms able to apply the techniques or the technology proposed;3.19 (5) the effectiveness of the project as a demonstration;3.20 (6) the immediate transferability of the project to farms; and3.21 (7) the ability of the project to accomplish its goals.;3.22 (8) the ability to address fresh food access including access to affordable organic

3.23 foodstoimprovebothlocalandregionalfoodsecuritythroughthedevelopmentofurban3.24 agriculture projects; and3.25 (9)the ability to address health disparities related to food access.3.26 (d) The commissioner shall consider there commendations of the technical review3.27 panel and may award grants for eligible projects. Priority must be given to applicants who3.28 are farmers or groups of farmers.3.29 (e) Grants for eligible projects may not exceed $25,000 unless the portion above3.30 $25,000 is matched on an equal basis by the applicant's cash or in-kind land use3.31 contribution. Grant funding of projects may not exceed $50,000 under this section, but3.32 applicants may utilize other funding sources. A portion of each grant must be targeted for3.33 public information activities of the project. - (f) A project may continue for up to three years.

Multiyear projects must be4.1 reevaluated by the technical review panel and the commissioner before second or third4.2 year funding is approved. A project is limited too new grant for its funding.4.3 Sec. 4. Minnesota Statutes 2012, section17.1161, is amended to read:4.4 17.1161 SUSTAINABLE DEVELOPMENT OF MINNESOTA4.5 AGRICULTURE PROGRAM.4.6 Subdivision1. Establishment; framework. The Minnesota Institute for Sustainable4.7 Agriculture shall establish a framework for participatory problem-solving in local4.8 communities throughout rural and urban Minnesota that will strengthen the connection4.9 between local communities, identified food deserts, as defined by the United States


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4.10 Department of Agriculture, and deficient affordable fresh and organic food access zones in 4.11urban communities, regions, and the land-grant university; invest research, education, and4.12 outreach dollars to meet agreed- upon local and regional needs; and foster the development4.13 of integrated agricultural systems that are profitable, enhance environmental quality, and4.14 support healthy rural and urban communities. The framework must include regional,4.15 community- -controlled agricultural sustainable development centers located at University4.16 of Minnesota regional experiment stations. At each center, the Minnesota Institute for4.17 Sustainable Agriculture shall facilitate the development of a leadership team comprised

4.18 of farmers, researchers, public agencies, and other local community representatives to4.19 identify problems, chart trends in problems over time, and develop an understanding of4.20 the agricultural system as a whole, common goals for development of the system, and4.21 five-year action plans to address those goals. The Minnesota Institute for Sustainable4.22 Agriculture shall appoint a statewide oversight group of persons with a thorough4.23 knowledge of agriculture-related issues, including farmers' organizations, commodity4.24 groups, rural economic development groups, the Department of Agriculture and other4.25 public agencies, academic personnel, Research Institute, the4.26 Minnesota Extension Service, and representatives from each regional leadership team.4.27The over sight group shall review and comment on the regional centers' action plans and4.28 integrate them into a comprehensive agenda for long-term basic and applied research,

4.29 education, and outreach activities. The oversight group shall use this agenda to make4.30 recommendations on the allocation of funds for regional or statewide use. The Minnesota4.31InstituteforSustainableAgricultureboardofdirectorsshallreviewandgivefinalapproval4.32 oftheallocationoffundsafterconsultationwiththedeanoftheCollegeofAgricultural,4.33 Food, and Environmental Sciences at the University of Minnesota. - Subd. 2. Program areas. Long-term research and education activities must be5.1 focused in four five program areas:5.2 (1) sustainable cropping systems;5.3 (2) development of markets and agriculture-related businesses;5.4 (3) sustainable livestock systems; and5.5 (4) improving access to high-quality fresh fruits and vegetables and increasing local

5.6 food security in very low to moderate income communities; and5.7 (5) intergenerational transfer in agriculture.

council on black minnesotans 2015 legislative agenda

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