Petition for Writ of Quo Warranto - Minnesota State Legislature

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33. The 2001 Ramsey County Court proceeding, for all intents and purposes, ended on June 29,2001 when the state legislature enacted additional appropriations- completing its biennial appropriations for the funding ofall state agencies and programs. Within five years, in 2005 another Executive-Legislative budgetary impasse leads to the Attorney General and Governor filing Petitions with the District Court to fund state programs and agencies. 34. On May 23,2005, the Minnesota legislature ended its regular session after passing ten bills for the appropriation by law ofstate funds to various state agencies and programs that Governor Tim Pawlenty signed into law. But, not all the necessary state appropriations had been enacted. 35. On May 24,2005 Governor Tim Pawlenty convened the Minnesota legislature into a special session. 36. Like in 2001,22 days later, on June 15,2005. Attorney General Mike Hatch filed a petition and memorandum for an order to show cause with the Ramsey County District Court. 37 Governor Tim Pawlenty also joined in the litigation by filing a petition and motion. 38 Johnson. 39 37. The Petitions were granted on June 29,2005 by ChiefJudge Gregg E. 37 "In Re Temporary Funding ofCore Functions ofthe Executive Branch ofthe State of Minnesota, JJ Court File No. CO-05-5928 (Dist. Ct. Ramsey Cty 2005). 38Id. 39Id. 16
38. Similar to 2001, the court ordered, among other things, that core functions ofstate government be performed, that each state agency, official, county and municipal entity, and school district determine those core functions and verify the performance of such to the Special Master. 4o 39. The Special Master was to determine whether the Commissioner ofFinance should pay for the performance ofcertain core functions. 41 40. The court further ordered the appointment of a Special Master to mediate, hear, and make recommendations to the Court with regard to any issues arising from the terms or compliance ofthe court's order.42 41. From time to time from June 30, 2005 to July 7,2005, various agencies, programs, and individuals, including individual legislators, filed petitions with the court. These included the Minnesota Council ofAirports, the Department ofNatural Resources, Metro Transit, the Ramsey County Board ofCommissioners, the Greater Twin Cities United Way, the Minnesota Housing Partnership, the Minnesota Council ofNonprofits, the Minnesota Trucking Association and Minnesota Manufactures Homes Association, Joe Pazandak, and State Senator W. Skoglund. The Special Master made determinations as recommendations to the Ramsey County ChiefJudge on what constituted core functions and therefore what should be funded through the Commissioner. 4° Id. 41Id. 42Id.. 17
Page 2 and 3: TABLE OF CONTENTS PURPOSE OF PETITI
Page 4 and 5: C. The Attorney General's "core fun
Page 6 and 7: INTRODUCTION 1. Minnesota's executi
Page 8 and 9: JURISDICTION The Supreme Court has
Page 10 and 11: ISSUES PRESENTED 1. Article XI requ
Page 12 and 13: STATEMENT OF FACTS Minnesota's fail
Page 14 and 15: 15 fd. Governor vetoed in 2011, Min
Page 16: Moneys appropriated in 2009 Minn. L
Page 19: 29. For instance, on May 21,2001, t
Page 23 and 24: exigent ofcircumstances" to justify
Page 25 and 26: an appropriation by law. The need f
Page 27 and 28: lost because the judiciary has usur
Page 29 and 30: The Court stated that a single legi
Page 31 and 32: generallY recognized that a taxpaye
Page 33 and 34: While the consent ofthe attorney ge
Page 35 and 36: circumstances test, however, do not
Page 37 and 38: General Assembly enacted an executi
Page 40 and 41: the constitution grants the Governo
Page 42: fund that state program. But what c
Page 45 and 46: Jefferson, Notes on Virginia, p. 19
Page 47 and 48: Commissioner is to credit revenue f
Page 49 and 50: Supremacy Clause applies. However,
Page 51 and 52: 118. For example, the state is requ
Page 53: C. The Attorney General's "core fun
Page 56 and 57: 131. State statutes are explicit in
Page 58 and 59: appropriate state funds. Because th
Page 60 and 61: PRAYER FOR RELIEF For the foregoing

Petition for Writ of Quo Warranto - Minnesota State Legislature

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