HF4650

Purpose

• Address gaps in identifying and investigating hate incidents and hate crimes targeting people of Asian descent, including Asian Indians.
• Combat anti-Asian, anti-Asian Indian, and anti-religious bias and discrimination.
• Monitor and address anti-immigration bias across lawful immigration categories.
• Improve coordination among state agencies, law enforcement, schools, and community organizations.

Establishment of the Ombudsperson

• Creates the Office of the Ombudsperson for AntiAsian, AntiAsian Indian, and AntiReligious Hate Prevention.
• The ombudsperson operates independently but collaborates with the Council of Asian-Pacific Minnesotans.
• Appointed by the Legislative Coordinating Commission; serves a four-year term and may be reappointed; position is in the unclassified service and removable only for just cause.
• May hire an assistant as needed; assistant is in the unclassified service.

Duties of the Ombudsperson

• Receive and review complaints related to anti-Asian, anti-Asian Indian, and anti-religious bias, discrimination, and hate incidents.
• Help individuals navigate complaint processes within state agencies, local governments, and law enforcement; advocate for those navigating these processes.
• Identify systemic issues from hate-motivated incidents and recommend policy or legislative changes.
• Provide outreach, education, and training to communities, schools, and public agencies.
• Develop and maintain a statewide, disaggregated reporting system for bias and hate incidents.
• Coordinate with the Department of Public Safety on hate-crime data collection and response (per section 626.5531).
• Collaborate with Asian communities and religious minority organizations; refer matters to authorities when necessary.

Training and Education

• Develop bias-aware investigation training and cultural competency education modules for state agencies and law enforcement; modules should also be usable in K-12 curricula and community programs.
• Training must cover bias, stereotypes, misinformation about immigration status and work-authorized visas, and how to respond to hate incidents and hate crimes.
• Promote collaboration between law enforcement and the Minnesota Attorney General’s office.

Victim Services and Community Outreach

• Create a program of community-specific organizations offering culturally competent services to victims of bias-motivated conduct, hate incidents, and hate crimes; maintain a directory of culturally specific organizations.
• Assist immigrant workers, including holders of employment-based visas, in accessing culturally competent victim services.

Data Practices and Reporting

• Handle data under Minnesota data practices rules; identifying information about complainants is private unless consent is given; de-identify data in reports.
• Collect and report information quarterly to the chairs and ranking minority members of the relevant legislative committees.
• Use data to strengthen hate-crime prosecutions and to support educational initiatives in state agencies and schools.

Interagency Collaboration and Authority

• The ombudsperson may access nonconfidential data held by state agencies and request cooperation from agencies; can convene interagency working groups.
• May issue nonbinding recommendations to agencies, schools, and law enforcement.
• Partners with community organizations to support outreach and education.

Civil Liability

• The ombudsperson and their designee are not liable for civil damages for actions taken in good faith within the office’s authority, provided there was no willful or reckless conduct.

Funding and Implementation

• Fiscal year 2027: general fund appropriation for operation of the office, incident collection, victim support, and related education tools; coordination with community organizations serving Asian and Asian Indian communities.
• Fiscal years 2028 and 2029: ongoing general fund funding base carrying forward.

Significance and Intended Outcomes

• Creates a formal mechanism to identify and reduce bias, discrimination, and hate against Asian, Asian Indian, and religious minority communities.
• Enhances reporting, accountability, and education about hate incidents and hate crimes.
• Improves coordination between state entities, law enforcement, schools, and communities to prevent and respond to bias-motivated conduct.

Related Law References Mentioned

• Coordination with Department of Public Safety on hate-crime data collection (referenced section 626.5531).
• Alignment with broader state human rights and criminal law oversight through reporting to legislative committees.

Relevant Terms - antiAsian hate, antiAsian Indian hate, antiReligious hate, hate crime, hate incident, bias-motivated conduct, discrimination, immigration status, Asian descent, South Asian, Asian Indians, work-authorized visas, refugees, asylum seekers, immigration categories, Department of Public Safety, 626.5531, Council of Asian-Pacific Minnesotans, Legislative Coordinating Commission, ombudsperson, bias-aware training, cultural competency, victim services, nonconfidential data, data practices, quarterly reports.