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!
cobm@state.mn.us

Moving Beyond Tolerance to Allophilia

When the first significant number of Minnesotans of African Heritage (Blacks/African Americans)
arrived in the free state of Minnesota, they essentially had nothing. Today with all the societal challenges
and opportunities these 320,000 Minnesotans contribute the following assets to our great state:

Strong cultural diversity,

$3 billion in consumer spending power,
Operate over 12,000 business enterprises with almost a billion dollars in sales, employing 10,000
people and generating annual payrolls of $258 million,
Pay almost a half billion in state and local taxes annually,
Export almost $200 million to African countries annually, and
Expect to generate lifetime earnings of an estimated $388 billion with projected total tax payments in
Minnesota of $28 billion over their lifetime, if the population never increases.

Minnesotans of African Heritage can do better and want to do better to contribute to the great state of
Minnesota. However, public officials and others need to allow debate on our solution to eradicate barriers
that slow our socioeconomic growth.
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. Minnesota Statutes 3.9225
Subdivision 3 duties, in part, states the council shall:
(a) Advise the governor and the legislature on the nature of the issues confronting Black people in
this state;
(b) Advise the governor and the legislature on statutes or rules necessary to ensure that Black
people have access to benefits and services provided to people in this state;
(c) Recommend to the governor and the legislature any revisions in the state's affirmative action
program and other steps that are necessary to eliminate underutilization of Blacks in the state's
work force; and
(d) Recommend to the governor and the legislature legislation to improve the economic and social
condition of Black people in this state.
The Council prepares its recommendations and advisement by engaging in intensive qualitative and
quantitative information gathering within our community to learn what is needed from a public policy and
state administrative operational standpoint to help grow our assets and contribute more to the great state
of Minnesota. These engagements serve as the foundation for the development of community driven
proposals for legislation that we believe moves our state forward with new ideas, innovations and energy
that addresses the socioeconomic and sociopolitical challenges Minnesotans face. These proposals take
our community beyond constructs, simple tolerance, and the empty language of diversity and inclusion to
practicing ALLOPHILIA. ALLOPHILIA is having a positive attitude for one that is not your own.
The aim of the Councils proposed legislation is to make equal access to opportunities a practice, create
innovative policies and administrative approaches that eradicate all forms of disparities and ensure
human/civil rights enforcement. If these pillars are achieved the state of Minnesota will employ the
cultural agility it needs to be effective with its performance to benefits all its investors.
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What is cultural agility and why its vital to State of Minnesotas performance effectiveness.
Cultural agility is the employment of individuals and entities with cultural and linguistic competence to
diversify an institutions professional base so congruent behaviors, attitudes, and policies can come
together that enables effective work in cross-cultural situations, diverse culture communities and to reduce
institutional isms. 'Culture' refers to integrated patterns of human behavior that includes the language,
thoughts, communications, actions, customs, beliefs, values, and institutions of racial, ethnic, religious, or
social groups. 'Competence' implies having the capacity to function effectively as an individual and an
organization within the context of the cultural beliefs, behaviors, and needs presented by consumers and
their communities. (Adapted from Cross, 1989)
The Council on Black Minnesotans position is that cultural management is too often an attempt to pay
lip service to whats believed to be a cultural diversity, inclusion and competence issue. However,
weve found that public and private institutions enhance their effectiveness through an appreciation of the
contributions and utilization of what we call cultural agility.
This organizational agility recognizes and ensures those desiring culturally specific and competent
services have it available. This does not segregate us; it ensures we are diverse, inclusive, competent and
effective. Equally it makes equal opportunity a practice, employs policies and procedures that eradicate
disparities and ensures compliance with human/civil rights laws.
When a community and its institutions commit to cultural agility it builds a marketplace that practices
Allophilia. Allophilia is having a positive attitude for a group that is not ones own. In Minnesota the
human stories are singular but we know our destiny is shared we rise or fall as one state as one people,
and the power of human unity must prevail.
What is the status of the State of Minnesotas Cultural Agility operations?
The Acts that facilitate cultural agility in state government operations and the market place are the Human
Rights Act (MN 363,363A), the Procurement Act (MN 16C) and the Affirmative Action Act (MN 43A).
The underlining principle for the passage of these acts is all able residences contribute to Minnesotas
operational cost and if they are willing, able and available should be afforded equal access and
opportunity to fully and effectively participate in and equitably benefit from the political, social and
economic resources, policies and procedures of the State of Minnesota.
The following was found in the councils analysis of reports that provides insight into the status of
cultural agility in the State of Minnesotas operations:

A Mason Tillman Disparity Study in 1998 found due to discrimination, harassment, intimidation and
hostility on public and private contracting jobs, as well as exclusion from the "good old boys" network
has prevented African Americans, Caucasian females, Native, Asian, and Latino vendors from
obtaining a legal fair share of contracts issued by state government which resulted in the loss of
millions of dollars in contracting opportunities.

A MGT America in 2009 produced a complete and comprehensive availability and disparity studies
for five agencies (DOA, DOT, MMCD, MAC, and MFSC) making up Governmental Units under the
Department of Administration. Disparity was identified within each Governmental Unit at varying
levels and within different business classifications. MGT longitudinal analysis in the report showed
from 2002 -2009 African American and other ethnic vendors continued to experience discrimination,
harassment, intimidation and hostility on public and private contracting jobs, as well as exclusion
from the "good old boys" network which resulted in the loss of millions of dollars in legal contracting
opportunities.
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After each of the aforementioned studies all Governmental Units were provided with
recommendations on how to address the two disparity analysis identified contracting discrimination
and was also provided statutory approaches in M.S. 16C to prevent and remedy contracting
discrimination 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 departments
has affirmative action plans that do not comply with provisions in M.S. 43A. With this fact the state
has 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 job
vacancies, or 55.6 percent, were located in the Twin Cities seven-county area. The remaining 37,600
were in Greater Minnesota. Overall, there were 1.6 unemployed job seekers for each job vacancy
statewide indicating that the labor market is tightening due to baby boomer retirements and continued
job growth. Neither the state nor the private sector have developed and implemented a targeted plan to
address 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 are
within the Commissions jurisdiction. Below is a summary from the Minnesota commission hearings
in 2011:
o The lack of resources for civil rights enforcement in the state has worsened, leaving Minnesota in
a crisis mode.
o 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.
o Many legal advocates and victims of discrimination are refusing to refer complaints to the local
and 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 Cities
metropolitan area suffered from the greatest employment disparity between whites and non-whites of
any United States City. The 2012, Wall Street Journal reports reaffirm the disparity continues for
Minnesotans of African Heritage.

In the 24/7 Wall Street Journal Report; The 10 worst states for black Americans, it indicates a
typical black household in Minnesota earned less than half the median income of white households in
2013, well below the 62.3% nationwide. Low incomes among the black population are likely due in
part 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 national
gap. 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 white
residents 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 also
more likely to be disenfranchised as a result of the criminal justice system. In 2013, more than 7% of
Minnesotas black population was barred from voting as a result of felony convictions or
imprisonment.

In conclusion, the Minnesota Legislature in 1998 enacted the present day version of Minnesota Chapter
16C (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 the
commissioner. Despite the clear language of the Procurement Act, MNDOA has not performed the
requisite 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 Equal
Employment 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 the
record of each agency to determine the rate of compliance with affirmative action requirements and
submit a bi-annual report to the governor and various offices of the Minnesota Legislature. Despite the
clear language of the Affirmative Action Act, the Commissioner of MNDOA has not performed the
required 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 a
sufficient affirmative action program.
In 2012, each state department published Affirmative Action Plans that do not meet the intent of
Minnesota Chapter 43A.
In 2013, the most recent year for which such data has been obtained by community members, MNDOT
contracted for only $891.00 with African American contractors. This represented less than .00023% of
the 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 twenty
years.
Minnesota Statutes Section 586.01 provides in part that a . . . writ of mandamus may be issued to any
inferior tribunal, corporation, board, or person to compel the performance of an act which the law
specially enjoins as a duty resulting from an office, trust, or station. Under the compelling circumstances
presented here, it is appropriate for the Court to issue a writ of mandamus to the Commissioners of
MNDOA and MNDOT.
Further, The Commissioners of MNDOA, MDHR and MNDOT have caused individual and corporate
citizens 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 application
of 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 and
recommendations for 2014 -2015 to ensure Minnesotans 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.

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 at
work, 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. Bruce
Corrie.

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 1980
there were 52, 000 African heritage residents. Today there are nearly 320,000 of which 76.000 are
recent African immigrants.
We believe diversifying the composition of the council board, changing its name; expanding its
duties, clearly defining it relationship with the office of the governor and legislature, increasing its
funding and establishing outstate offices will improve its ability to positively impact growing
socioeconomic 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) consists
1.8 of 13 15 members appointed by the governor. The members of the council must be broadly
1.9 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 is
1.11 from West Africa, and one member of the council must be a person whose ethnic heritage
1.12 is from East Africa. There must be equal representation of African Americans, East
1.13 Africans, and West Africans on the council. Membership terms, compensation, removal of
1.14 members, and filling of vacancies for nonlegislative members are as provided in section
1.15 15.0575. Because the council performs functions that are not purely advisory, the council
1.16 is not subject to the expiration date in section 15.059. Two members of the house of
1.17 representatives appointed by the speaker and two members of the senate appointed by
1.18 the Subcommittee on Committees of the Committee on Rules and Administration shall
1.19 serve as nonvoting members of the council. The council shall annually elect from its
1.20 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 of
1.23 the Black racial groups of Africa;
2.1 (2) "East Africa" means the eastern region of the continent of Africa, comprising
2.2 areas occupied by the countries of Burundi, Kenya, Rwanda, Tanzania, Uganda, and
2.3 Somalia; and
2.4 (3) "West Africa" means the western region of the continent of Africa comprising
2.5 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,
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2.7 and those parts of Mali and Niger south of the Sahara.; and
2.8 (4) "Caribbean" means Afro-Jamaican, Trinidadian, Bahamian, Barbadian, Cuban,
2.9 Costa Rican, Haitian, Puerto Rican, Grenadian, and Vincentian.

2.10 Subd. 3. Duties. The council shall:

2.11 (a) advise brief the governor and the legislature legislative leaders on the nature of
2.12 the issues confronting Black people in this state policy and administrative matters of
2.13 concern to Minnesotans of African heritage and the COBM;
2.14 (b) advise the governor and the legislature on statutes or rules necessary to ensure
2.15 that Black people Minnesotans of African heritage have access to benefits and services
2.16 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 underutilization
2.19 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 the
2.21 economic and social condition of Black people Minnesotans of African heritage in this
2.22 state;
2.23 (e) serve as a conduit to state government for organizations of Black people
2.24 Minnesotans of African heritage in the state;
2.25 (f) serve as a referral agency to assist Black people Minnesotans of African heritage
2.26 to secure access to state agencies and programs;
2.27 (g) serve as a liaison with the federal government, local government units, and
2.28 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 solutions
2.31 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 Minnesotans
2.35 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 section
3.2 260C.215, subdivision 5, and present recommendations on the out-of-home placement
3.3 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 November
3.5 1 of each year thereafter; and
3.6 (m) be the first contact for legislators and the governor's office on matters concerning
3.7 the African heritage community;
3.8 (k) (n) publicize the accomplishments of Black people Minnesotans of African
3.9 heritage and their contributions to this state.;
3.10 (o) be available to political caucuses on matters relating to African heritage
3.11 communities;
3.12 (p) develop a strategic plan to achieve outcomes related to the council's statutory
3.13 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 of
3.17 African heritage; and
3.18 (t) recommend bonding initiatives that benefit Minnesotans of African heritage.
3.19 Subd. 4. Review of grant applications. All applications by a state department or
3.20 agency for the receipt of federal funds which will have their primary effect on Black
3.21 Minnesotans of African heritage shall be submitted to the council for review and
3.22 recommendation at least 30 days before submission to a federal agency.

3.23 Subd. 5. Powers. (a) The council may contract in its own name, but no money shall
3.24 be accepted or received as a loan nor indebtedness incurred except as otherwise provided
3.25 by law. Contracts shall be approved by a majority of the members of the council and
3.26 executed by the chair and the executive director. The council may apply for, receive, and
3.27 expend in its own name grants and gifts of money consistent with the power and duties
3.28 specified in subdivisions 1 to 7.
3.29 (b) The council may solicit and accept payments for advertising, use of exhibition
3.30 space, or commemorative videos or other items in connection with publications, events,
3.31 media productions, and informational programs that are sponsored by the council. These
3.32 revenues must be deposited in an account in the special revenue fund and are appropriated
3.33 to the council to defray costs of publications, events, media productions, or informational
3.34 programs consistent with the powers and duties specified in subdivisions 1 to 7. The
3.35 council may not publish advertising or provide exhibition space for any elected official
3.36 or candidate for elective office. The council must report by January 15 each year to the
4.1 chairs and ranking minority members of the house of representatives and senate funding
4.2 divisions with jurisdiction over the council on the amount and source of each payment
4.3 received under this paragraph in the prior fiscal year.
4.4 (c) The council shall appoint an executive director who is experienced in
4.5 administrative activities and familiar with the problems and needs of Black people
4.6 Minnesotans of African heritage. The council may delegate to the executive director
4.7 powers and duties under subdivisions 1 to 7 which do not require council approval.
4.8 The executive director serves in the unclassified service and may be removed at any
4.9 time by the council. The executive director shall recommend to the council, and the
4.10 council may appoint the appropriate staff necessary to carry out its duties. Staff members
4.11 serve in the unclassified service. The commissioner of administration shall provide the
4.12 council with necessary administrative services. The council shall partner with state
4.13 agencies and departments to develop African heritage business recruitment to the state
4.14 and increase international trade relations with African nations. The council shall make
4.15 recommendations on legacy appropriations for conservation, clean water, and arts and
4.16 cultural heritage projects in Minnesota communities of African heritage.
4.17 (d) The council shall partner with state agencies and departments to develop African
4.18 heritage business recruitment to the state and increase international trade relations with
4.19 African nations.
4.20 (e) The council may receive legacy funds to provide grants for conservation, clean
4.21 water, and arts and cultural heritage projects in the African heritage community.
4.22 Subd. 6. State agency assistance. Other state agencies shall supply the council
4.23 upon request with advisory staff services on matters relating to the jurisdiction of the
4.24 council. The council shall cooperate and coordinate its activities with other state agencies
4.25 to the highest possible degree.
4.26 Subd. 7. Report. The council shall prepare and submit a report to the governor and
4.27 legislature by November 15 of each year. The report shall summarize the activities of the
4.28 council since its last report, list receipts and expenditures, identify the major problems and
4.29 issues confronting Black people Minnesotans of African heritage, make recommendations
4.30 to address issues, and list the specific objectives which the council seeks to attain during
4.31 the next biennium. The council shall report on outcome measures.
4.32 Sec. 2. REVISOR'S INSTRUCTION.
4.33 The revisor shall change the term "Council on Black Minnesotans" to "Council
4.34 for Minnesotans of African Heritage" whenever the term appears in Minnesota Statutes
4.35 or Minnesota Rules.
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Human Rights
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 are within
the 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 and
state civil rights enforcement departments because they are in a continuous state of transition, have a
backlog of complaints, and have unclear enforcement policies.
12/18/14 REVISOR SGS/JC 15-0900
1.1 A bill for an act
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 of
1.8 Human Rights, the state auditor shall establish a department within the Office of the
1.9 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 executive
1.14 orders to be issued and propose legislation needed;
1.15 (4) review and approve all state contract procurement services under chapter 16C for
1.16 compliance with chapter 363A;
1.17 (5) establish benchmarks for meeting equal opportunity requirements in contracting;
1.18 and
1.19 (6) establish good faith benchmarks for equal opportunity compliance in
1.20 subcontracting.
1.21 (b) The state auditor shall report to the legislative committees with jurisdiction over
1.22 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's
1.24 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 formulate
2.3 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 of
2.5 human rights policies and programs, and make recommendations to the governor and the
2.6 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 commissioner
2.11 may deem necessary and prescribe their duties;
2.12 (5) to the extent permitted by federal law and regulation, utilize the records of the
2.13 Department of Employment and Economic Development of the state when necessary
2.14 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 discriminatory
2.19 practices, and determine whether or not probable cause exists for hearing;
2.20 (9) subpoena witnesses, administer oaths, take testimony, and require the production
2.21 for examination of any books or papers relative to any matter under investigation or in
2.22 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 to
2.24 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 to
2.26 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 governor
2.29 each year;
2.30 (13) accept gifts, bequests, grants, or other payments public and private to help
2.31 finance the activities of the department;
2.32 (14) create such local and statewide advisory committees aswill in the commissioner's
2.33 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 throughout
2.35 the state with the provisions of this chapter, and in the furtherance of such duties, conduct
2.36 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 nature
3.3 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 provisions
3.6 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 of
3.8 the functions of the Department of Human Rights;
3.9 (18) make grants in aid to the extent that appropriations are made available for that
3.10 purpose in aid of carrying out duties and responsibilities; and
3.11 (19) cooperate and consult with the commissioner of labor and industry regarding
3.12 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 in
3.15 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 under
3.17 paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
3.18 account. Money in the account is appropriated to the commissioner of human rights to
3.19 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 process
3.23 of implementing the United Nation's International Covenant to End All Forms of Racial
3.24 Discrimination and address issues relating to fair housing discrimination and restoration
3.25 of rights to ex-offenders. The commissioner shall issue a report to the committees of
3.26 the legislature with jurisdiction over human rights by January 15, 2016, and shall make
3.27 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 the
3.32 general fund to the state auditor to carry out the provisions in section. This appropriation
3.33 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. Low
incomes among the black population are likely due in part 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 national gap. In 2011, the median household income for
Blacks stood near $27,000, less than half the statewide median of $55,459,and

State of Minnesotas contracting activities are discriminatory, noncompliant and have underutilized
Targeted Business Groups in all areas of contracting since 1998, and all state departments have severe
underutilization of African Heritage professionals and all required departments have produced
noncompliant affirmative action plans.

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

1.1 A bill for an act
1.2 relating to state government; defining good faith effort in the state procurement
1.3 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 a
1.7 subdivision to read:
1.8 Subd. 7b. Good faith outreach effort. "Good faith outreach effort" means a bidder
1.9 not binding itself to the established outreach goal may be classified as a responsive and
1.10 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 of
1.14 Administration in ascertaining subcontract opportunities;
1.15 (2) has obtained a current list of certified target business groups (TBG), disadvantaged
1.16 business enterprise (DBE), small business enterprise (SBE), minority business enterprises
1.17 (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 outreach
1.21 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 in
1.24 the recruitment and placement of the businesses listed in clause (2);
(5) has obtained a current list of minority and women publications from the
2.2 commissioner;
2.3 (6) has solicited bids from the groups listed in clause (2) which are identified by
2.4 the commissioner in consultation with the bidder as being available and capable of
2.5 performing the necessary work, and has solicited bids for the subcontracts within the
2.6 prime contract at least ten days prior to bid opening, by phone, advertisement in a local
2.7 paper, and the relevant minority publications on the list provided by the commissioner, or
13

2.8 other means specified by written notice from the commissioner to the bidder. The bidder
2.9 for the prime contract must solicit bids from a minimum of five certified businesses listed
2.10 in clause (2) for each subcontract within the prime contract by SIC code where available
2.11 and applicable. If the applicable certified list, using the SIC code or codes where available
2.12 is five or fewer, the bidder must contact the entire list;
2.13 (7) has provided plans and specifications or information regarding the location of
2.14 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; and
2.17 (9) if bids were rejected, submit documentation giving the complete basis to the
2.18 certified vendor for the rejection and evidence that the rejection was justified. Bidders
2.19 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 been
2.21 unsuccessful due to disconnected telephone numbers or returned mail via postal service or
2.22 e-mail, will not be considered in compliance with the outreach efforts.

14

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

1.1 A bill for an act

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 and
1.9 consists of the commissioner of employment and economic development, the chair of the
1.10 Metropolitan Council, and eight 14 members from the general public appointed by the
1.11 governor. Six of the public members must be representatives from minority business
1.12 enterprises and six members must be from African heritage communities as defined in
1.13 section 116M.18, subdivision 4b, paragraph (b). No more than four of the public members
1.14 may be of one gender. All public Six members must be experienced in business or
1.15 economic development. The six African heritage members must have knowledge of, and
1.16 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 subdivision
1.18 to read:
1.19 Subd. 4b. African heritage grants. (a) Urban challenge grants may be used to
1.20 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 in
1.22 Duluth, Rochester, Mankato, St. Cloud, Minneapolis, or St. Paul that has a significant
1.23 African heritage population and a surplus of labor.
2.1 (c) In order to receive a grant under this subdivision, an African heritage nonprofit
2.2 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 on
2.6 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; and
2.9 (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 and
2.12 financial assistance to emerging and existing African heritage or other business planning
2.13 to locate in an African heritage community;
2.14 (iii) assist unemployed African heritage individuals located in African heritage
2.15 communities with attaining their commercial drivers' licenses;
2.16 (iv) assist unemployed African heritage individuals located in African heritage
2.17 communities with attaining training and employment placement; and
2.18 (v) the creation or operation of a business industrial park in an African heritage
2.19 community.
2.20 (e) The total grants awarded under this subdivision must be $30,000,000 each
2.21 biennium. The grants awarded do not require a match. The Urban Initiative Board
2.22 must create a performance-based approach to determine eligibility for grants under this
2.23 subdivision.

15

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 growing
concerns of a widening achievement gap that is leaving many students unprepared for a successful
future. Currently:
Seventy-seven percent of the 3rd graders across the state read at grade level in 2011, but only 60
percent 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, up
significantly from 30 percent in 2006. High school juniors in the Twin Cities are slightly more likely
to 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 the
past 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
1.1 A bill for an act
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 targeted
1.8 community must assign at least 50 percent of revenue under subdivisions 3, 4, and 4a to
1.9 local educational nonprofits. A school district has a targeted community if the school
1.10 district (1) contains any area of a targeted community as designated by a city under section
1.11 469.202 or (2) the school board designates an area of the district using the criteria under
1.12 section 469.202, subdivisions 2 and 3.
1.13 (b) For purposes of this subdivision, a "local educational nonprofit" means a nonprofit
1.14 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's
1.16 address; or
1.17 (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; and
1.20 (iii) the nonprofit will hire and train residents of the targeted community to provide
1.21 the services.
1.22 EFFECTIVE DATE. This section is effective for fiscal year 2016 and later.
We support the following:
1. MNSCU Charting The Future
2. Student Services Personnel Team Staffing Grants - SF 799 (2015 session)
3. Department Education Early Childhood Education Initiative
16

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 had
paid 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 the
housing market is the main influence behind the increasing gap in wealth between White households
and their Black counterparts.
12/19/14 REVISOR SS/AA 15-0834
A bill for an act1.1 relating to housing finance; modifying capacity building grants; amending
1.2 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 to
1.5 read:
1.6 Subd. 3b. Capacity building grants. It (a)The agency may make capacity building
1.7 grants to for the purpose of expanding capacity and providing affordable housing and
1.8 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 provide
1.12 landlord and tenant counseling and mediation in Duluth, Rochester, St. Cloud, Mankato,
1.13 Minneapolis, and St. Paul community with a significant African heritage population
1.14 and high renter population;
1.15 (3) local government units,; and
1.16 (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 implement
1.19 strategies to meet those needs, including the creation or preservation of affordable
1.20 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 rules
1.22 specifying the eligible uses of grant money.
2.1 (d) Funding priority must be given to those applicants that include low-income
2.2personsintheirmembership, and have provided housing-related services to low-income
2.3 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 by
2.8 the legislature or revenues of the agency and grants received by the agency.
We support the following:

1. Minnesota Housing Finance 2015 Affordable Housing Plan

2. Housing Opportunities Made Equitable Pilot Project - $100M
3. Homes for All - $39M
17

African Heritage Cultural Arts Preservation

In 2008, Minnesota's voters passed the Clean Water, Land and Legacy Amendment (Legacy
Amendment) to the Minnesota Constitution to: protect drinking water sources; to protect, enhance,
and restore wetlands, prairies, forests, and fish, game, and wildlife habitat; to preserve arts and
cultural heritage; to support parks and trails; and to protect, enhance, and restore lakes, rivers, streams,
and groundwater.
The Arts and Cultural Heritage Fund receives 19.75 percent of the sales tax revenue resulting from the
Clean Water, Land and Legacy amendment to support arts, arts education and arts access, and to
preserve Minnesota's history and cultural heritage. Based on current sales tax revenue, Minnesotans
will invest more than $1.2 billion in arts.
Since its inception, the Arts and Cultural Heritage Fund has appropriated $750, 000 to 2 Black
organizations and no Black organizations have received other Legacy amendment funds.
Minnesota can and should do better to provide equal access and opportunity to African Heritage
Artist. There is a need to:

Provide Direct Grants and Funding for African Heritage Artists

Provide Technical Assistance Support for Individual African Heritage Artists
Provide Technical Assistance Support for African Heritage Artist Organizations
Provide Service for Archiving the Legacy of African Heritage Arts in Minnesota
Provide A Quantitative Analysis of the Changing the African Heritage k Arts Landscape in
Minnesota

01/08/15 12:57 PM HOUSE RESEARCH NH MM025

1.1 A bill for an act
1.2 relating to arts and cultural heritage; appropriating money for African culture,
1.3 heritage, and arts grants through the Minnesota Humanities Center.
1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. APPROPRIATION; AFRICAN CULTURE, HERITAGE, AND ARTS
1.6 GRANTS.
1.7 Subdivision 1. Appropriation. $3,000,000 in fiscal year 2016 and $3,000,000 in
1.8 fiscal year 2017 are appropriated from the arts and cultural heritage fund to the board of
1.9 directors of the Minnesota Humanities Center to provide competitive grants for African
1.10 culture, heritage, and arts programs. The Humanities Center shall work in collaboration
1.11 with the Council on Black Minnesotans to design, administer, and award the competitive
1.12 grants to organizations and artists to promote African culture, heritage, and arts programs
1.13 throughout Minnesota with a priority for grants to organizations and artists outside the
1.14 Twin Cities metro area.
1.15 Subd. 2. Grant program administration. (a) The Minnesota Humanities Center
1.16 shall collaborate with the Council on Black Minnesotans to develop a written plan
1.17 for the competitive issuance of grants and shall submit the plan to the Department of
1.18 Administration for review and approval to administer the grants program in subdivision 1.
1.19 (b) The Minnesota Humanities Center may use a percentage of the grant
1.20 appropriation in subdivision 1 to cover the costs of administering, planning, evaluating,
1.21 and reporting these grants, including reimbursing the Minnesota Council on Black
1.22 Minnesotans for the cost of administering, planning, evaluating, and reporting on the
2.1 grants and their work in collaboration with the Minnesota Humanities Center on the
2.2 projects related to this appropriation.
18

Minnesota Urban Agriculture Legislation

We support the following:

10/16/14 REVISOR SGS/SA SGS-AG
A bill for an act
Section 1. 1
1.1 relating to state government; adding urban agriculture development zones in land
1.2 use planning; amending Minnesota Statutes 2014, section 473.859, subdivisions.3 1, 2, 5.
1.4 BEITENACTEDBYTHELEGISLATUREOFTHESTATEOFMINNESOTA:
1.5Section1. Minnesota Statutes 2014, section 473.859, subdivision1, is amended to read:
1.6 Subdivision 1. Contents. (a) The comprehensive plan shall contain objectives,
1.7 policies, standards and programs to guide public and private land use, development,
1.8 redevelopment and preservation for all lands and waters within the jurisdiction of the
1.9 local governmental unit through 1990 and may extend through any year thereafter which
1.10 is evenly divisible by five. Each plan shall specify expected industrial and commercial
1.11 development, planned population distribution, and local public facility capacities upon
1.12 which the plan is based. Each plan shall contain a discussion of the use of the public
1.13 facilities specified in the metropolitan system statement and the effect of the plan on
1.14 adjacent local governmental units and affected school districts. Existing plans and official
1.15 controls may be used in whole or in part following modification, as necessary, to satisfy
1.16 the requirements of sections 462.355, 473.175, and 473.851 to 473.871. Each plan may
1.17 contain an intergovernmental coordination element that describes how its planned land
1.18 uses and urban services affect other communities, adjacent local government units, the
1.19 region, and the state, and that includes guidelines for joint planning and decision making
1.20 with other communities, school districts, and other jurisdictions for siting publics schools,
1.21 building public facilities, and sharing public services.
1.22(b) Each plan may contain an economic development element that identifies types of
2.1 mixed use development, expansion facilities for businesses, and methods for developing a
2.2 balanced and stable economic base.
2.3 (c)Each plan for a city with a population greater than 60,000 residents shall include
2.4 urban agriculture development zones and an approach for development and maintenance
2.5 of the zones.
2.6 (d) The comprehensive plan may contain any additional matter which may be
2.7included in a comprehensive plan of the local governmental unit pursuant to the applicable
2.8 planning statute.
2.9 (e) Cities may confer with the Minnesota League of Cities to attain model urban
2.10 agriculture ordinances for use to conform with the intent of this section.
2.11Sec. 2. MinnesotaStatutes2014, section 473.859, subdivision 2 ,is amended to read:
19

2.12 Subd. 2. Land use plan. (a) A land use plan shall include the water management
2.13 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 natural
drainage courses, and adjoining land areas that affect water natural resources, for
2.16 agricultural, residential, commercial, industrial and other public and private purposes, or
2.17 any combination of such purposes.
2.18 (b) A land use plan shall contain a protection element, as appropriate, for historic
2.19 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 energy
2.21 systems.
2.22 (c)A land use plan shall also include a housing element containing standards, plans
2.23 andprogramsforprovidingadequatehousingopportunitiestomeetexistingandprojected
2.24 local and regional housing needs, including but not limited to the use of official controls
2.25 and land use planning to promote the availability of land for the development of low
2.26 and moderate income housing.
2.27 (d) A land use plan shall also include the local government's goals, intentions, and
2.28 priorities concerning aggregate and other natural resources, transportation infrastructure,
2.29 land use compatibility, habitat, agricultural preservation and development, and other
2.30 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 may
3.1 designate, when appropriate, five-year urbanization areas and shall specify in the capital
3.2 improvementprogramthetimingandsequenceofmajorlocalpublicfacilitiesandinthe
3.3 implementationprogramofficialcontrolswhichwillensurethaturbanizationoccursonly
3.4 in urbanization areas and in accordance with the plan.
3.5 The comprehensive plans may designate, when appropriate, redevelopment areas
3.6 and may, as appropriate, specify in the capital improvement program the timing and
3.7 sequenceoflocalpublicfacilitiesandintheimplementationprogramthefiscaldevicesor
3.8 officialcontrolsthatwillensurethatredevelopmentoccursinaccordancewiththeplan.
3.9 The comprehensive plan for a city with a population greater than 60,000 residents
3.10 shall include urban agriculture development zones; include an approach for development
3.11 and maintenance of the zones; specify in the capital improvement program the timing and
3.12 sequence of the zones; and specify in the implementation program the fiscal devices
3.13 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 agricultural
3.15 development initiatives fit as a highest and best use in areas outside of designated zones

20

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 with
1.8 populations greater than 60,000 people, and installation of equipment for projects that
1.9 make environmental improvements and enhance farm profit ability. Eligible loan uses do
1.10 not include seed, fertilizer, or fuel.
1.11 (b) Loans may not exceed $40,000 per individual or organization applying for a loan
1.12 and may not exceed $160,000 for loans to four or more individuals or to two or more
1.13 organizations on joint projects. The loan repayment period may be up to seven years as
1.14 determined by project cost and energy savings. The interest rate on the loans must not
1.15 exceed six percent.
1.16 (c) Loans may only be made to residents and organizations of this state engaged in
1.17 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 the
1.20 commissioner on forms prescribed by the commissioner.
1.21- (b) The applications must be reviewed, ranked, and recommended by a loan review
1.22 panel appointed by the commissioner. The loan review panel shall consist of two - lenders with
agricultural experience, two resident farmers of the state using sustainable
2.1 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, a
2.3 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 panel
2.11 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 program
2.15 for sustainable agriculture methods that demonstrates best management practices,
2.16 including farm input reduction or management, urban agriculture development in cities
2.17 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 that
2.19 enhance the environment and farm profit ability. The commissioner shall use the program
2.20 to demonstrate and publicize the energy efficiency, environmental benefit, and profitability
2.21 of sustainable agriculture techniques or systems from production through marketing,
2.22 and to assist eligible organizations and individuals in qualifying urban cities address
2.23 fresh food access including access to affordable organic food store duce food deserts, as
2.24 defined by the United States Department of Agriculture, through the development of urban 2.25
agriculture projects. The grants must fund research or demonstrations on farms consistent
2.26 with the program objectives.
2.27 Subd. 2. Eligibility. (a)Grants may only be made to farmers, educational institutions,
21

2.28 individual sat educational institutions, or nonprofit organizations residing or located in the
2.29 state for research or demonstrations on farms in the state or organizations and individuals - 2.30 in
qualifying urban cities that address fresh food access including access to affordable
2.31 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 or
reduced adverse effect on the environment ;and
3.1 (3)(iii)increasedprofitabilityfortheindividualfarmbyreducingcostsorimproving
3.2 marketing opportunities; or
3.3 (2)for projects that address fresh food access including access to affordable organic
3.4 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 the
3.6 commissioner on forms prescribed by the commissioner.
3.7 (b) The applications must be reviewed, ranked, and recommended by a technical
3.8 review panel appointed by the commissioner. The technical review panel shall consist of a
3.9 soil scientist, anagronomist, are presentative from a post-secondary educational institution,
3.10 an agricultural marketing specialist, two resident farmers of the state using sustainable
3.11 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 following
3.14 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; and
3.21 (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 foodstoimprovebothlocalandregionalfoodsecuritythroughthedevelopmentofurban
3.24 agriculture projects; and
3.25 (9)the ability to address health disparities related to food access.
3.26 (d) The commissioner shall consider there commendations of the technical review
3.27 panel and may award grants for eligible projects. Priority must be given to applicants who
3.28 are farmers or groups of farmers.
3.29 (e) Grants for eligible projects may not exceed $25,000 unless the portion above
3.30 $25,000 is matched on an equal basis by the applicant's cash or in-kind land use
3.31 contribution. Grant funding of projects may not exceed $50,000 under this section, but
3.32 applicants may utilize other funding sources. A portion of each grant must be targeted for
3.33 public information activities of the project. - (f) A project may continue for up to three years.
Multiyear projects must be
4.1 reevaluated by the technical review panel and the commissioner before second or third
4.2 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 MINNESOTA
4.5 AGRICULTURE PROGRAM.
4.6 Subdivision1. Establishment; framework. The Minnesota Institute for Sustainable
4.7 Agriculture shall establish a framework for participatory problem-solving in local
4.8 communities throughout rural and urban Minnesota that will strengthen the connection
4.9 between local communities, identified food deserts, as defined by the United States
22

4.10 Department of Agriculture, and deficient affordable fresh and organic food access zones in 4.11
urban communities, regions, and the land-grant university; invest research, education, and
4.12 outreach dollars to meet agreed- upon local and regional needs; and foster the development
4.13 of integrated agricultural systems that are profitable, enhance environmental quality, and
4.14 support healthy rural and urban communities. The framework must include regional,
4.15 community- -controlled agricultural sustainable development centers located at University
4.16 of Minnesota regional experiment stations. At each center, the Minnesota Institute for
4.17 Sustainable Agriculture shall facilitate the development of a leadership team comprised
4.18 of farmers, researchers, public agencies, and other local community representatives to
4.19 identify problems, chart trends in problems over time, and develop an understanding of
4.20 the agricultural system as a whole, common goals for development of the system, and
4.21 five-year action plans to address those goals. The Minnesota Institute for Sustainable
4.22 Agriculture shall appoint a statewide oversight group of persons with a thorough
4.23 knowledge of agriculture-related issues, including farmers' organizations, commodity
4.24 groups, rural economic development groups, the Department of Agriculture and other
4.25 public agencies, academic personnel, Research Institute, the
4.26 Minnesota Extension Service, and representatives from each regional leadership team.
4.27 The over sight group shall review and comment on the regional centers' action plans and
4.28 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 make
4.30 recommendations on the allocation of funds for regional or statewide use. The Minnesota
4.31InstituteforSustainableAgricultureboardofdirectorsshallreviewandgivefinalapproval
4.32 oftheallocationoffundsafterconsultationwiththedeanoftheCollegeofAgricultural,
4.33 Food, and Environmental Sciences at the University of Minnesota. - Subd. 2. Program areas. Longterm research and education activities must be
5.1 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; and
5.5 (4) improving access to high-quality fresh fruits and vegetables and increasing local
5.6 food security in very low to moderate income communities; and
5.7 (5) intergenerational transfer in agriculture.

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