SF 2434

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2014 04:44pm

A bill for an act
relating to state government; limiting a state agency from bringing a court action
against another state agency; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 15.

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

Section 1.

new text begin [15.025] COURT ACTIONS BETWEEN STATE AGENCIES LIMITED.
new text end

new text begin Subdivision 1. new text end

new text begin Court actions limited. new text end

new text begin A state agency may not commence litigation
in state or federal court against another state agency. For purposes of this section, "state
agency" means an office, board, commission, authority, department, or other agency of
the executive branch of state government, and includes the Minnesota State Colleges
and Universities. State agency does not include elected constitutional officers or state
legislative bodies.
new text end

new text begin Subd. 2. new text end

new text begin Alternative dispute resolution. new text end

new text begin To resolve a legal dispute, a state agency
may enter into an alternative dispute resolution agreement with another state agency. If
there is no alternative dispute resolution agreement between state agencies, the agencies
involved in the dispute must seek mediation through the Bureau of Mediation Services
or through another entity agreed to by the affected state agencies. If the state agencies
are not successful in settling the dispute through mediation or another form of dispute
resolution agreed to by the agencies, the agencies must submit the dispute to a special
review panel created under subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Special review panel. new text end

new text begin (a) A special review panel shall be appointed if a
dispute between state agencies is not resolved under subdivision 2. Each special review
panel has authority only over the dispute for which the panel is appointed. Each special
review panel consists of:
new text end

new text begin (1) one nonlegislator member appointed by each of the following: the speaker of
the house, the minority leader of the house of representatives, the majority leader of the
senate, and the minority leader of the senate;
new text end

new text begin (2) one member appointed by the governor; and
new text end

new text begin (3) two members appointed by the Supreme Court.
new text end

new text begin Appointing authorities should attempt to appoint members who have some knowledge of
the subject matter of the dispute. Members serve on the special review panel only until the
panel has issued a decision in the dispute.
new text end

new text begin (b) The special review panel may conduct hearings and may adopt dispute resolution
procedures. The panel may contract with the Office of Administrative Hearings or
with another person or entity to conduct hearings or perform other work for the panel.
The commissioner of administration shall provide administrative support for the panel,
unless the commissioner is a party to the dispute, in which case the governor shall assign
another agency to provide administrative support. At the conclusion of hearings or other
proceedings for a dispute, the panel shall issue a decision resolving the dispute.
new text end

new text begin (c) The panel must bill the state agencies involved in a dispute for the expenses
incurred by the panel in resolving a dispute. Unless otherwise agreed to by all of the
agencies that are parties to the dispute, the amount billed by the panel must be split
equally between the agencies that are parties to the dispute, and each agency must pay
the commissioner of administration, as agent for the panel, for the amount billed. Funds
received are appropriated to the commissioner of administration for purposes of this section.
new text end

new text begin (d) A state agency may appeal a panel decision under sections 14.63 to 14.69. The
attorney general shall represent the panel in appeals.
new text end

new text begin Subd. 4. new text end

new text begin Payment of expenses. new text end

new text begin State agencies that are parties to a dispute under this
section must evenly split the costs of mediation or other dispute resolution procedures,
unless the agencies mutually agree otherwise. Each agency's expenses for legal counsel
must be paid from an appropriation to the agency, and not from an appropriation to the
attorney general.
new text end