HF 3239

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; requiring mediation when major budget bills have
not been enacted; proposing coding for new law in Minnesota Statutes, chapter 3.

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

Section 1.

new text begin [3.054] MEDIATION REQUIRED IF MAJOR BUDGET BILLS NOT
ENACTED.
new text end

new text begin Subdivision 1. new text end

new text begin Mediation required; major budget bills. new text end

new text begin The Supreme Court
must appoint a mediator to assist the legislature and the governor in reaching agreement
on major budget bills if the regular legislative session in an odd-numbered year has
adjourned, the time for the governor to act on major budget bills presented to the governor
has concluded, and one or more of the major budget bills have not been enacted. For
purposes of this section, "major budget bills" means the primary bill establishing state
tax policy, and the primary bill making appropriations in each of the following areas:
higher education; early childhood through high school education; agriculture and rural
development; environment and natural resources; health and human services; state
government finance; economic development; public safety; and transportation.
new text end

new text begin Subd. 2. new text end

new text begin Appointment of mediator. new text end

new text begin (a) The governor, the speaker of the house of
representatives, the senate majority leader, and the leader of a minority caucus in either
house that has at least two members in that house may submit recommendations at any
time to the Supreme Court for a person to serve as a mediator if appointment of a mediator
is necessary. The governor and the legislative leaders specified in this paragraph are
encouraged to jointly submit recommendations to the court. The court is not bound by
these recommendations.
new text end

new text begin (b) The Supreme Court must appoint a mediator within seven days of the existence
of the conditions in subdivision 1 requiring appointment of a mediator. In appointing a
mediator, the Supreme Court is encouraged to select a person that the governor and the
leaders of all political caucuses represented in the legislature are likely to perceive as
unbiased, politically neutral, and experienced and knowledgeable in state budget issues
and in the particular topics at issue in unenacted budget bills.
new text end

new text begin (c) The governor, the speaker of the house of representatives, the senate majority
leader, or the leader of a minority caucus in either house that has at least two members in
that house may object to the court's choice of a mediator and request the court to appoint a
different mediator. An objection and request for a different mediator must be made by
filing a written notice of objection with the Supreme Court before 5:00 p.m. on the second
day following the day the court appoints the mediator. An objection and a request for a
different mediator is not binding on the court, but the court may, at its sole discretion,
appoint a different mediator. If the court appoints a different mediator, no objection is
permitted to this appointment. Appointment of a mediator under this section is not subject
to judicial review.
new text end

new text begin Subd. 3. new text end

new text begin Duties of mediator, governor, legislators. new text end

new text begin (a) As soon as practical after
appointment, a mediator appointed under this section must call one or more meetings
to facilitate agreement on unresolved issues in major budget bills. The mediator must
schedule the time and place for the meetings. The governor, the speaker of the house
of representatives, and the majority leader of the senate must attend the initial meeting
or designate a person to attend in their place. Upon the mediator's request, any other
legislator must attend the initial meeting or designate a person to attend. Only persons
invited by the mediator may attend the meetings.
new text end

new text begin (b) A mediator may not require a participant in a meeting to remain at the meeting
until its conclusion or for any other prescribed period of time. A participant in an initial
meeting under this section is not required to attend future meetings called by a mediator if
the person believes attendance would not be productive. A mediator may not require a
participant to make any agreements.
new text end

new text begin Subd. 4. new text end

new text begin Confidentiality. new text end

new text begin Notes, records, and recollections of the mediator are
confidential, and the mediator must not disclose them to the parties to the mediation or to
the public, unless all parties to the mediation and the mediator agree to the disclosure.
Data relating to the mediation are not government data under chapter 13.
new text end