1.1 	A bill for an act
1.2 	relating to state government; requiring mediation when major budget bills have 
1.3 	not been enacted; proposing coding for new law in Minnesota Statutes, chapter 3.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. [3.054] MEDIATION REQUIRED IF MAJOR BUDGET BILLS NOT 
1.6 	ENACTED.
1.7 		Subdivision 1.Mediation required; major budget bills.  The Supreme Court 
1.8 	must appoint a mediator to assist the legislature and the governor in reaching agreement 
1.9 	on major budget bills if the regular legislative session in an odd-numbered year has 
1.10 	adjourned, the time for the governor to act on major budget bills presented to the governor 
1.11 	has concluded, and one or more of the major budget bills have not been enacted. For 
1.12 	purposes of this section, "major budget bills" means the primary bill establishing state 
1.13 	tax policy, and the primary bill making appropriations in each of the following areas: 
1.14 	higher education; early childhood through high school education; agriculture and rural 
1.15 	development; environment and natural resources; health and human services; state 
1.16 	government finance; economic development; public safety; and transportation.
1.17 		Subd. 2. Appointment of mediator.  (a) The governor, the speaker of the house of 
1.18 	representatives, the senate majority leader, and the leader of a minority caucus in either 
1.19 	house that has at least two members in that house may submit recommendations at any 
1.20 	time to the Supreme Court for a person to serve as a mediator if appointment of a mediator 
1.21 	is necessary.  The governor and the legislative leaders specified in this paragraph are 
1.22 	encouraged to jointly submit recommendations to the court.  The court is not bound by 
1.23 	these recommendations.
2.1 	(b) The Supreme Court must appoint a mediator within seven days of the existence 
2.2 	of the conditions in subdivision 1 requiring appointment of a mediator.  In appointing a 
2.3 	mediator, the Supreme Court is encouraged to select a person that the governor and the 
2.4 	leaders of all political caucuses represented in the legislature are likely to perceive as 
2.5 	unbiased, politically neutral, and experienced and knowledgeable in state budget issues 
2.6 	and in the particular topics at issue in unenacted budget bills. 
2.7 	(c) The governor, the speaker of the house of representatives, the senate majority 
2.8 	leader, or the leader of a minority caucus in either house that has at least two members in 
2.9 	that house may object to the court's choice of a mediator and request the court to appoint a 
2.10 	different mediator.   An objection and request for a different mediator must be made by 
2.11 	filing a written notice of objection with the Supreme Court before 5:00 p.m. on the second 
2.12 	day following the day the court appoints the mediator. An objection and a request for a 
2.13 	different mediator is not binding on the court, but the court may, at its sole discretion, 
2.14 	appoint a different mediator.  If the court appoints a different mediator, no objection is 
2.15 	permitted to this appointment.  Appointment of a mediator under this section is not subject 
2.16 	to judicial review.
2.17 		Subd. 3. Duties of mediator, governor, legislators.  (a) As soon as practical after 
2.18 	appointment, a mediator appointed under this section must call one or more meetings 
2.19 	to facilitate agreement on unresolved issues in major budget bills. The mediator must 
2.20 	schedule the time and place for the meetings. The governor, the speaker of the house 
2.21 	of representatives, and the majority leader of the senate must attend the initial meeting 
2.22 	or designate a person to attend in their place.   Upon the mediator's request, any other 
2.23 	legislator must attend the initial meeting or designate a person to attend.  Only persons 
2.24 	invited by the mediator may attend the meetings. 
2.25 	(b) A mediator may not require a participant in a meeting to remain at the meeting 
2.26 	until its conclusion or for any other prescribed period of time.   A participant in an initial 
2.27 	meeting under this section is not required to attend future meetings called by a mediator if 
2.28 	the person believes attendance would not be productive.  A mediator may not require a 
2.29 	participant to make any agreements.
2.30 		Subd. 4. Confidentiality.  Notes, records, and recollections of the mediator are 
2.31 	confidential, and the mediator must not disclose them to the parties to the mediation or to 
2.32 	the public, unless all parties to the mediation and the mediator agree to the disclosure. 
2.33 	Data relating to the mediation are not government data under chapter 13.