HF 2904

as introduced - 87th Legislature (2011 - 2012) Posted on 03/15/2012 11:56am

A bill for an act
relating to finance; requiring the appointment of at least one member of the
minority party in the house of representatives and the senate to any conference
committee appointed to resolve differences in a major appropriation bill;
suspending compensation of legislators until certain major budget bills have
been enacted; requiring legislators and the governor to mediate their differences
after adjournment of the annual legislative session in an odd-numbered year if
the governor vetoes a major appropriation bill; proposing coding for new law in
Minnesota Statutes, chapters 3; 16A.

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

Section 1. new text begin CITATION.
new text end

new text begin Sections 1 to 4 may be cited as the "Anti-Shutdown Act."
new text end

Sec. 2.

new text begin [3.058] FINANCE LEGISLATION; CONFERENCE COMMITTEE
REQUIREMENT.
new text end

new text begin Each body of the legislature must appoint at least one member of its minority caucus
to each conference committee appointed to resolve disagreements concerning a major
appropriation bill. This section remains applicable when no member of the minority
caucus has voted for a major appropriation bill. For the purposes of this section, "minority
caucus" means the caucus that is the second-largest political affiliation in the respective
body of the legislature.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [3.0985] COMPENSATION SUSPENDED UNTIL MAJOR BUDGET
BILL ENACTED.
new text end

new text begin Subdivision 1. new text end

new text begin Suspension. new text end

new text begin Notwithstanding sections 3.099 and 3.101, and
except as provided in subdivision 2, members of the legislature may not receive salary
after the end of the fiscal year following the deadline for annual adjournment in an
odd-numbered year unless the legislature has passed and the governor has signed all of the
bills designated as major appropriation and revenue bills by law, or by rules of both the
house of representatives and the senate.
new text end

new text begin Subd. 2. new text end

new text begin Exception. new text end

new text begin This section does not apply to the payment of the amount of
salary equivalent to the employee contribution for state-paid health and dental insurance
for legislative members.
new text end

Sec. 4.

new text begin [16A.117] MEDIATION REQUIRED FOR CERTAIN VETOED
APPROPRIATION BILLS AFTER ADJOURNMENT.
new text end

new text begin (a) If a major appropriation bill to fund a given state agency for the next biennium has
been passed by the legislature before the constitutional deadline for annual adjournment of
the legislative session in an odd-numbered year and subsequently vetoed by the governor,
the governor and the legislature must seek to resolve the disagreements concerning the
bill through mediation after the legislature has adjourned the regular legislative session
for that year, as provided in this section.
new text end

new text begin (b) After a bill subject to this section is vetoed, the chief justice of the Supreme
Court must name a mediator within three days after the date of adjournment of the annual
legislative session during which the bill was vetoed, or within three days following the
date the bill is vetoed, whichever is later. The mediator named under this section must
be a retired judge of the appellate or district courts of this state who has not served
in a party designated or party-endorsed position, such as legislator. The parties to the
mediation shall include:
new text end

new text begin (1) the governor;
new text end

new text begin (2) two members of the senate designated by the majority leader in the senate;
new text end

new text begin (3) two members of the senate designated by the minority leader in the senate;
new text end

new text begin (4) two members of the house of representatives designated by the speaker of the
house; and
new text end

new text begin (5) two members of the house of representatives designated by the minority leader
in the house of representatives.
new text end

new text begin (c) The parties to the mediation shall meet with the designated mediator within two
days after the mediator has been named and shall attempt to resolve the differences related
to the major appropriation bill that is the subject of this section at that meeting through
mediation. The parties must complete the mediation no later than ten days before the end
of the fiscal year when the bill was vetoed. The senate and the house of representatives
shall share the cost of the mediation.
new text end

new text begin (d) This section does not apply to a major appropriation bill:
new text end

new text begin (1) if a subsequent major appropriation bill to fund each state agency funded within
the bill subject to this section is enacted before any of the deadlines provided in this
section; or
new text end

new text begin (2) during a special session of the legislature.
new text end