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Petition for temporary funding of core functions of the executive branch of the state of Minnesota

Petition for temporary funding of core functions of the executive branch of the state of Minnesota

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Petition for temporary funding of core functions of the executive branch of the state of Minnesota from Attorney General Lori Swanson.
Petition for temporary funding of core functions of the executive branch of the state of Minnesota from Attorney General Lori Swanson.

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Published by: Minnesota Public Radio on Jun 13, 2011
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06/13/2011

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STATE OF MINNESOTADISTRICT COURTCOUNTY
OF
RAMSEYSECOND JUDICIAL DISTRICTCase Type: Civil
In
Re Temporary Funding
of
CoreFunctions
of
the Executive Branch
of
the State
of
MinnesotaCourt File No.
___
PETITION
Petitioner Attorney General Lori Swanson, petitions the Court as follows:
PARTIES
1.
I
am
the duly elected Attorney General
of
the State
of
Minnesota. In thiscapacity, have the authority under the Minnesota Constitution, Minnesota Statutes andMinnesota common law to represent the State and its interests in
all
matters before the Court.also represent the people
of
the State in a
parens patriae
capacity.2. The Govemor is entrusted under Article V, Section 3
of
the MinnesotaConstitution to ensure that the laws
of
the State are faithfully executed. He has extensiveauthority under the common law, Minnesota Statutes Chapter 4 and elsewhere.3. In addition, the executive branch consists
of
four other duly elected constitutionalofficers as specified in Article V
of
the Constitution
of
the State
of
Minnesota. These officersinclude the Secretary
of
State, who has authority to regulate the conduct
of
elections and toaccept and keep records relating to the filing
of
documents under the Uniform Commercial Codeand other statutes; the State Auditor, who is charged with the duties
of
supervising and managingthe fiscal concerns
of
the State and has audit authority over local political subdivisions
of
theState and other entities and the Lieutenant Governor. In addition, as Attorney General Irepresent the legal interests
of
the State in courts and elsewhere.
 
4.
County governments are charged under Minnesota
and
federal law with theresponsibility to perform certain core functions on behalf
of
the state and federal governments.County governments receive funds from the state and federal governments to perform these corefunctions.
5.
School districts
of
the State
of
Minnesota are charged under state and federal lawto perform certain core functions on behalf
of
the state and federal governments. The schooldistricts receive funds from the state and federal governments to perform these core functions.
6.
Municipal subdivisions
of
the State
of
Minnesota are charged under state andfederal law to perform certain core functions on behalf
of
the state and federal governments. Themunicipal subdivisions receive funds from the state and federal governments
to
perform thesecore functions.
7.
Numerous public officials serve
in
a variety
of
capacities on behalf
of
the State
of
Minnesota, and perform a variety
of
core functions on behalf
of
the State, and in some cases, thefederal government. Most
of
the agencies headed by these officials have not been funded for the2012-13 biennium, which commences on July
1,
2011.
8.
In
addition to the public officials discussed above, there are a variety
of
boards,commissions
and
the like which act on behalf
of
state government
and
may perform corefunctions.
9.
The United States Attorney is charged
to
represent the federal government and itsinterests
as
it relates to certain services being performed by the state
and
local governments on itsbehalf.
10.
For purposes
of
this Petition, the parties described
in
paragraphs
2-9
above arereferred
toas
"Government Entities."
2
 
11.
The State and local agencies perform core functions
of
government, whichinclude matters relating
to
the life, health and safety
of
Minnesota citizens and the maintenanceand preservation
of
public property. By way
of
example, in
2001
and/or 2005, core functionswere determined
by
the Court to include, and not be limited to, the care
of
prisoners and thesecurity
of
the State's prisons; the provision
of
healthcare to patients in state-run facilities andprograms and the funding
of
patient care and services in local government or private facilities orprograms, such
as
hospitals, nursing homes, mental health residential facilities, group homes formentally
ill
people, home healthcare and other healthcare services; the State's education system;the application and maintenance
of
federal and/or State contracted
or
mandated programs and. projects, such
as
welfare, medical assistance, emergency and housing programs
and
constructionprojects; the preservation
of
safety and security in state-run facilities; enforcement
of
lawsinvolving food, drugs, hazardous materials, safety
in
modes
of
transportation and state highways(such
as
the inspection
of
products and services provided pursuant
to
construction contracts), andthe proper provision
of
healthcare; the integrity
and
continuation
of
law enforcement activities;emergency
and
disaster assistance; activities that ensure the continued production
of
power,maintenance
of
the power distribution system, and telecommunications systems; protecting thestate and federal constitutional rights
of
Minnesota citizens; care
of
patients
in
the custody
of
thegovernment; protection and maintenance
of
lands, buildings, waterways, transport property,equipment
and
other property owned or leased by the state government; activities essential
to
thepreservation
of
the elements
of
the financial system
of
the State, including prompt payment
of
amounts owed
to
employees, vendors, and contractors.
12.
Jurisdiction in this action is based upon Minnesota Statutes Section
484.01
(2010). Venue is appropriate
in
this district under Minnesota Statutes Section
542.01
(2010).
3

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