HF 1744

1st Division Engrossment - 91st Legislature (2019 - 2020) Posted on 03/22/2019 10:23am

A bill for an act
relating to family law; establishing the Family Law Mediation Task Force; requiring
a report.

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

Section 1. new text begin FAMILY LAW MEDIATION TASK FORCE.
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new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Family Law Mediation Task Force is established
(1) to advise and inform the legislature on the impact of conflict on children during the
marital dissolution process and the process to establish paternity and (2) to make conflict
resolution recommendations to reduce that conflict.
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new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The task force consists of 16 members as follows:
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new text begin (1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
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new text begin (2) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
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new text begin (3) one representative from the Family Law Section of the Minnesota State Bar
Association;
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new text begin (4) one representative from the Alternative Dispute Resolution Section of the Minnesota
State Bar Association;
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new text begin (5) one representative from the Academy of Professional Family Mediators;
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new text begin (6) one representative from the Association of Family and Conciliation Courts, Minnesota
Chapter;
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new text begin (7) one representative from Conflict Resolution Minnesota;
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new text begin (8) one representative from the Minnesota Psychological Association;
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new text begin (9) one representative from the Minnesota Association of Marriage and Family Therapists;
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new text begin (10) one representative from the Professional Mediation Board of Standards;
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new text begin (11) one family court referee, one district court judge, or one retired judge with experience
in family law matters, appointed by the chief justice of the supreme court;
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new text begin (12) one representative from the Minnesota Legal Services Coalition; and
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new text begin (13) two members of the public with experience in mediation, appointed by the president
of the Academy of Professional Family Mediators.
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new text begin (b) Members shall serve without compensation. Unless otherwise specified, the highest
ranking person or, if none, the governing body of each organization listed in paragraph (a)
is responsible for appointing its representative.
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new text begin (c) Appointments must be made by July 1, 2019.
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new text begin Subd. 3. new text end

new text begin Organization. new text end

new text begin (a) The commissioner of mediation services or the commissioner's
designee shall convene the first meeting of the task force by August 1, 2019.
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new text begin (b) The task force shall meet monthly or as determined by the chair.
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new text begin (c) The members of the task force shall elect a chair and other officers as the members
deem necessary.
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new text begin Subd. 4. new text end

new text begin Staff. new text end

new text begin The commissioner of mediation services shall provide support staff,
office space, and administrative services for the task force.
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new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin (a) The task force shall develop a family law mediation report covering
the following:
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new text begin (1) an analysis of the existing research regarding the effect of the dissolution process
on children;
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new text begin (2) recommendations for conflict resolution practices as an alternative to the court process
to reduce the negative impact dissolution proceedings have on children; and
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new text begin (3) recommendations for a model program for mediation services for implementation
in district courts throughout the state.
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new text begin (b) The task force shall engage with each district court in the state to encourage the use
of the model program for mediation services recommended under paragraph (a).
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new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin The task force must submit the report required under subdivision 5 to
the chairs and ranking minority members of the legislative committees with jurisdiction
over family law by January 31, 2020. The report must include the analysis and
recommendations required under subdivision 5 and any draft legislation necessary to
implement the recommendations.
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new text begin Subd. 7. new text end

new text begin Open meetings. new text end

new text begin Except as otherwise provided in this section, the task force is
subject to Minnesota Statutes, chapter 13D. A meeting of the task force occurs when a
quorum is present and the members receive information, discuss, or take action on any
matter relating to the duties of the task force. The task force may conduct meetings as
provided in Minnesota Statutes, section 13D.015 or 13D.02. The task force may conduct
meetings at any location in the state that is appropriate for the purposes of the task force as
long as the location is open and accessible to the public. For legislative members of the task
force, enforcement of this subdivision is governed by Minnesota Statutes, section 3.055,
subdivision 2. For nonlegislative members of the task force, enforcement of this subdivision
is governed by Minnesota Statutes, section 13D.06, subdivisions 1 and 2.
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new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The task force expires upon submission of the report required
under subdivision 6.
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new text begin EFFECTIVE DATE. new text end

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