Bill Text: MN HF2 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Performance data added to budget proposal, zero-based budgeting required, and sunset advisory commission and sunset process established for state agencies.
Spectrum: Partisan Bill (Republican 26-1)
Status: (Passed) 2011-07-20 - Secretary of State Chapter 3 [HF2 Detail]
Download: Minnesota-2011-HF2-Engrossed.html
1.2relating to state government; adding performance data to be used in budget
1.3proposal; requiring zero-based budgeting; establishing a sunset advisory
1.4commission and sunset process for state agencies;amending Minnesota Statutes
1.52010, sections 16A.10, subdivisions 1a, 1b, 1c; 16A.103, subdivision 1a; 16A.11,
1.6subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 16A;
1.7proposing coding for new law as Minnesota Statutes, chapter 3D.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 16A.10, subdivision 1a, is amended to read:
1.12 Subd. 1a. Purpose of performance data. Performance data shall be presented in
1.13the budget proposal to:
1.14(1) provide information so that the legislature can determine the extent to which
1.15state programs and activities are successful;
1.16(2) encourage agencies to develop clear and measurable goals and objectives for
1.17their programs and activities; and
1.18(3) strengthen accountability to Minnesotans by providing a record of state
1.19government's performance in providing effective and efficient services.
1.20 Sec. 2. Minnesota Statutes 2010, section 16A.10, subdivision 1b, is amended to read:
1.21 Subd. 1b. Performance data format. (a) As part of the budget proposal, agencies
1.22shall:
1.23(1) describe the goals and objectives of each agency program and activity; and
2.1(2) present performance data that measures the performance of programs and
2.2activities in meetingprogram goals and objectives.
2.3(b) Measures reported must be outcome-based and objective, and may include
2.4indicators of outputs, efficiency,outcomes, and other measures relevant to understanding
2.5each program and activity.
2.6(c) Agencies shall present as much historical information as needed to understand
2.7major trends and shall set targets for future performance issueswhere feasible and
2.8appropriate. The information shall appropriately highlight agency performance issues that
2.9would assist legislative review and decision making.
2.10(d) For purposes of this subdivision, subdivision 1a, and section 16A.106, the terms
2.11"program" and "activity" are used in the same manner as the terms are used in state
2.12budgeting. However, the commissioner may authorize an agency to define these terms in a
2.13different manner if that allows for a more effective presentation of performance data.
2.14 Sec. 3. Minnesota Statutes 2010, section 16A.10, subdivision 1c, is amended to read:
2.15 Subd. 1c. Performance measures for change items. For each change item in the
2.16budget proposal requesting new or increased funding, the budget document must present
2.17proposed performance measures that can be used to determine if the new or increased
2.18funding is accomplishing its goals. To the extent possible, each budget change item
2.19must identify relevant Minnesota Milestones and other statewide goals and indicators
2.20related to the proposed initiative.The commissioner must report to the Subcommittee on
2.21Government Accountability established under section
3.885, subdivision 10, regarding the
2.22format to be used for the presentation and selection of Minnesota Milestones and other
2.23statewide goals and indicators.
2.24 Sec. 4. Minnesota Statutes 2010, section 16A.103, subdivision 1a, is amended to read:
2.25 Subd. 1a. Forecast parameters. The forecast must assume the continuation of
2.26current laws and reasonable estimates of projected growth in the national and state
2.27economies and affected populations. Revenue must be estimated for all sources provided
2.28for in current law. Expenditures must be estimated for all obligations imposed by law and
2.29those projected to occur as a result of variables outside the control of the legislature.
2.30Expenditures for the current biennium must be based on actual appropriations or, for
2.31forecasted programs, the amount needed to fund the formula in law. The base for
2.32expenditures projections for the next biennium is the amount appropriated in the second
2.33year of the current biennium, except as provided by other law, or, for forecasted programs,
3.1the amount needed to fund the formula in law. Expenditure estimates must not include an
3.2allowance for inflation.
3.3 Sec. 5. [16A.106] ZERO-BASED BUDGETING PRINCIPLES.
3.4(a) The detailed budget presented to the legislature must include:
3.5(1) a description of each budget activity for which the agency or entity receives
3.6an appropriation in the current biennium or for which the agency or entity requests an
3.7appropriation in the next biennium;
3.8(2) for each budget activity, three alternative funding levels or alternative ways of
3.9performing the budget activity, at least one of which is less than the previous biennium's
3.10actual expenditures for that budget activity, a summary of the priorities that would be
3.11accomplished within each level compared to a zero budget, and the additional increments
3.12of value that would be added by the higher funding levels compared to what would be
3.13accomplished if there were no funding for the activity; and
3.14(3) for each budget activity, performance data as specified in section 16A.10,
3.15subdivision 1b, the predicted effect of the three alternative funding levels on future
3.16performance, and also one or more measures of cost efficiency and effectiveness of
3.17program delivery, which must include comparisons to other states or entities with similar
3.18programs.
3.19(b) The commissioner's budget preparation guidelines and instructions must contain
3.20requirements, deadlines, and technical assistance to facilitate implementation of this
3.21section. After consultation with the legislative commission on planning and fiscal policy,
3.22the commissioner's instructions may establish parameters for the three alternative funding
3.23levels required in paragraph (a), clause (3).
3.24(c) The governor's recommendations must prioritize the budget activities within an
3.25agency or program area. To the extent activities in more than one agency or program area
3.26are meeting the same goals, the recommendations must prioritize budget activities across
3.27agencies or programs with the same goals, and this prioritization must include agencies or
3.28programs not subject to zero-based budgeting principles that biennium.
3.29(d) Expenditures for debt service under section 16A.641, subdivision 10, are not
3.30subject to zero-based budgeting principles.
3.31EFFECTIVE DATE.(a) The zero-based budgeting principles in this section first
3.32apply to the following budgets proposals for the biennium beginning July 1, 2013:
3.33(1) legislative branch;
3.34(2) judicial branch;
3.35(3) Minnesota State Colleges and Universities system; and
4.1(4) approximately half of expenditure programs in the executive branch, designated
4.2by the governor, in consultation with the chairs and lead minority members of the senate
4.3Finance Committee and the house of representatives Ways and Means Committee.
4.4(b) The zero-based budgeting principles in this section apply to all budget proposals
4.5for the biennium beginning July 1, 2015, and after.
4.6 Sec. 6. Minnesota Statutes 2010, section 16A.11, subdivision 3, is amended to read:
4.7 Subd. 3. Part two: detailed budget. (a) Part two of the budget, the detailed budget
4.8estimates both of expenditures and revenues, must contain any statements on the financial
4.9plan which the governor believes desirable or which may be required by the legislature.
4.10The detailed estimates shall include the governor's budget arranged in tabular form.
4.11(b) For programs designated for the zero-based budgeting principles under section
4.1216A.106, the budget must be prepared according to the requirements of that section.
4.13(c) For programs not designated for zero-based budgeting principles under section
4.1416A.106, tables listing expenditures for the next biennium must show the appropriation
4.15base for each year as defined in section 16A.103, subdivision 1c.The appropriation base
4.16is the amount appropriated for the second year of the current biennium. The tables must
4.17separately show any adjustments to the base required by current law or policies of the
4.18commissioner of management and budget. For forecasted programs, the tables must also
4.19show the amount of the forecast adjustments, based on the most recent forecast prepared
4.20by the commissioner of management and budget under section16A.103 . For all programs,
4.21the tables must show the amount of appropriation changes recommended by the governor,
4.22after adjustments to the base and forecast adjustments, and the total recommendation of
4.23the governor for that year.
4.24(c) (d) The detailed estimates must include a separate line listing the total cost of
4.25professional and technical service contracts for the prior biennium and the projected costs
4.26of those contracts for the current and upcoming biennium. They must also include a
4.27summary of the personnel employed by the agency, reflected as full-time equivalent
4.28positions.
4.29(d) (e) The detailed estimates for internal service funds must include the number of
4.30full-time equivalents by program; detail on any loans from the general fund, including
4.31dollar amounts by program; proposed investments in technology or equipment of $100,000
4.32or more; an explanation of any operating losses or increases in retained earnings; and a
4.33history of the rates that have been charged, with an explanation of any rate changes and
4.34the impact of the rate changes on affected agencies.
5.3 Section 1. [3D.01] SHORT TITLE.
5.4This chapter may be cited as the "Minnesota Sunset Act."
5.5 Sec. 2. [3D.02] DEFINITIONS.
5.6 Subdivision 1. Scope. The definitions in this section apply to this chapter.
5.7 Subd. 2. Advisory committee. "Advisory committee" means a committee, council,
5.8commission, or other entity created under state law whose primary function is to advise
5.9a state agency.
5.10 Subd. 3. Commission. "Commission" means the Sunset Advisory Commission.
5.11 Subd. 4. State agency. "State agency" means an agency expressly made subject
5.12to this chapter.
5.13 Sec. 3. [3D.03] SUNSET ADVISORY COMMISSION.
5.14 Subdivision 1. Membership. The Sunset Advisory Commission consists of 12
5.15members appointed as follows:
5.16(1) five senators and one public member, appointed according to the rules of the
5.17senate, with no more than three senators from the majority caucus; and
5.18(2) five members of the house of representatives and one public member, appointed
5.19by the speaker of the house, with no more than three of the house members from the
5.20majority caucus.
5.21 Subd. 2. Public member restrictions. An individual is not eligible for appointment
5.22as a public member if the individual or the individual's spouse is:
5.23(1) regulated by a state agency that the commission will review during the term for
5.24which the individual would serve;
5.25(2) employed by, participates in the management of, or directly or indirectly has
5.26more than a ten percent interest in a business entity or other organization regulated by a
5.27state agency the commission will review during the term for which the individual would
5.28serve; or
5.29(3) required to register as a lobbyist under chapter 10A because of the person's
5.30activities for compensation on behalf of a profession or entity related to the operation of
5.31an agency under review.
5.32 Subd. 3. Removal. (a) It is a ground for removal of a public member from the
5.33commission if the member does not have the qualifications required by subdivision 2
6.1for appointment to the commission at the time of appointment or does not maintain the
6.2qualifications while serving on the commission. The validity of the commission's action is
6.3not affected by the fact that it was taken when a ground for removal of a public member
6.4from the commission existed.
6.5(b) Except as provided in paragraph (a), a public member may be removed only as
6.6provided in section 15.0575, subdivision 4.
6.7 Subd. 4. Terms. Legislative members serve at the pleasure of the appointing
6.8authority. Public members serve two-year terms expiring the first Monday in January of
6.9each odd-numbered year.
6.10 Subd. 5. Limits. Members are subject to the following restrictions:
6.11(1) after an individual serves four years on the commission, the individual is not
6.12eligible for appointment to another term or part of a term;
6.13(2) a legislative member who serves a full term may not be appointed to an
6.14immediately succeeding term; and
6.15(3) a public member may not serve consecutive terms, and, for purposes of this
6.16prohibition, a member is considered to have served a term only if the member has served
6.17more than one-half of the term.
6.18 Subd. 6. Appointments. Appointments must be made before the first Monday of
6.19January of each odd-numbered year.
6.20 Subd. 7. Legislative members. If a legislative member ceases to be a member
6.21of the legislative body from which the member was appointed, the member vacates
6.22membership on the commission.
6.23 Subd. 8. Vacancies. If a vacancy occurs, the appointing authority shall appoint a
6.24person to serve for the remainder of the unexpired term in the same manner as the original
6.25appointment.
6.26 Subd. 9. Officers. The commission shall have a chair and vice-chair as presiding
6.27officers.
6.28 Subd. 10. Quorum; voting. Seven members of the commission constitute a
6.29quorum. A final action or recommendation may not be made unless approved by a
6.30recorded vote of at least seven members. All other actions by the commission shall be
6.31decided by a majority of the members present and voting.
6.32 Subd. 11. Compensation. Each public member shall be reimbursed for expenses
6.33as provided in section 15.0575. Compensation for legislators is as determined by the
6.34members' legislative chamber.
6.35 Sec. 4. [3D.04] STAFF.
7.1The Legislative Coordinating Commission shall provide staff and administrative
7.2services for the commission.
7.3 Sec. 5. [3D.05] RULES.
7.4The commission may adopt rules necessary to carry out this chapter.
7.5 Sec. 6. [3D.06] AGENCY REPORT TO COMMISSION.
7.6Before September 1 of the odd-numbered year before the year in which a state
7.7agency is sunset, the agency commissioner shall report to the commission:
7.8(1) information regarding the application to the agency of the criteria in section
7.93D.10;
7.10(2) a priority-based budget for the agency;
7.11(3) an inventory of all boards, commissions, committees, and other entities related
7.12to the agency; and
7.13(4) any other information that the agency commissioner considers appropriate or that
7.14is requested by the commission.
7.15 Sec. 7. [3D.07] COMMISSION DUTIES.
7.16Before January 1 of the year in which a state agency subject to this chapter and its
7.17advisory committees are sunset, the commission shall:
7.18(1) review and take action necessary to verify the reports submitted by the agency;
7.19and
7.20(2) conduct a review of the agency based on the criteria provided in section 3D.10
7.21and prepare a written report.
7.22 Sec. 8. [3D.08] PUBLIC HEARINGS.
7.23Before February 1 of the year a state agency subject to this chapter and its advisory
7.24committees are sunset, the commission shall conduct public hearings concerning but not
7.25limited to the application to the agency of the criteria provided in section 3D.10.
7.26 Sec. 9. [3D.09] COMMISSION REPORT.
7.27By February 1 of each even-numbered year, the commission shall present to the
7.28legislature and the governor a report on the agencies and advisory committees reviewed.
7.29In the report the commission shall include:
7.30(1) its findings regarding the criteria prescribed by section 3D.10;
7.31(2) its recommendations based on the matters prescribed by section 3D.11; and
8.1(3) other information the commission considers necessary for a complete review
8.2of the agency.
8.3 Sec. 10. [3D.10] CRITERIA FOR REVIEW.
8.4The commission and its staff shall consider the following criteria in determining
8.5whether a public need exists for the continuation of a state agency or its advisory
8.6committees or for the performance of the functions of the agency or its advisory
8.7committees:
8.8(1) the efficiency and effectiveness with which the agency or the advisory committee
8.9operates;
8.10(2) an identification of the mission, goals, and objectives intended for the agency or
8.11advisory committee and of the problem or need that the agency or advisory committee
8.12was intended to address and the extent to which the mission, goals, and objectives have
8.13been achieved and the problem or need has been addressed;
8.14(3) an identification of any activities of the agency in addition to those granted by
8.15statute and of the authority for those activities and the extent to which those activities
8.16are needed;
8.17(4) an assessment of authority of the agency relating to fees, inspections,
8.18enforcement, and penalties;
8.19(5) whether less restrictive or alternative methods of performing any function that
8.20the agency performs could adequately protect or provide service to the public;
8.21(6) the extent to which the jurisdiction of the agency and the programs administered
8.22by the agency overlap or duplicate those of other agencies, the extent to which the agency
8.23coordinates with those agencies, and the extent to which the programs administered by the
8.24agency can be consolidated with the programs of other state agencies;
8.25(7) the promptness and effectiveness with which the agency addresses complaints
8.26concerning entities or other persons affected by the agency, including an assessment of the
8.27agency's administrative hearings process;
8.28(8) an assessment of the agency's rulemaking process and the extent to which the
8.29agency has encouraged participation by the public in making its rules and decisions and
8.30the extent to which the public participation has resulted in rules that benefit the public;
8.31(9) the extent to which the agency has complied with federal and state laws and
8.32applicable rules regarding equality of employment opportunity and the rights and privacy
8.33of individuals, and state law and applicable rules of any state agency regarding purchasing
8.34guidelines and programs for historically underutilized businesses;
9.1(10) the extent to which the agency issues and enforces rules relating to potential
9.2conflicts of interest of its employees;
9.3(11) the extent to which the agency complies with chapter 13 and follows records
9.4management practices that enable the agency to respond efficiently to requests for public
9.5information; and
9.6(12) the effect of federal intervention or loss of federal funds if the agency is
9.7abolished.
9.8 Sec. 11. [3D.11] RECOMMENDATIONS.
9.9(a) In its report on a state agency, the commission shall:
9.10(1) make recommendations on the abolition, continuation, or reorganization of each
9.11affected state agency and its advisory committees and on the need for the performance of
9.12the functions of the agency and its advisory committees;
9.13(2) make recommendations on the consolidation, transfer, or reorganization of
9.14programs within state agencies not under review when the programs duplicate functions
9.15performed in agencies under review; and
9.16(3) make recommendations to improve the operations of the agency, its policy body,
9.17and its advisory committees, including management recommendations that do not require
9.18a change in the agency's enabling statute.
9.19(b) The commission shall include the estimated fiscal impact of its recommendations
9.20and may recommend appropriation levels for certain programs to improve the operations
9.21of the state agency.
9.22(c) The commission shall have drafts of legislation prepared to carry out the
9.23commission's recommendations under this section, including legislation necessary
9.24to continue the existence of agencies that would otherwise sunset if the commission
9.25recommends continuation of an agency.
9.26(d) After the legislature acts on the report under section 3D.09, the commission shall
9.27present to the legislative auditor the commission's recommendations that do not require
9.28a statutory change to be put into effect. Subject to the legislative audit commission's
9.29approval, the legislative auditor may examine the recommendations and include as part
9.30of the next audit of the agency a report on whether the agency has implemented the
9.31recommendations and, if so, in what manner.
9.32 Sec. 12. [3D.12] MONITORING OF RECOMMENDATIONS.
9.33During each legislative session, the staff of the commission shall monitor legislation
9.34affecting agencies that have undergone sunset review and shall periodically report
10.1to the members of the commission on proposed changes that would modify prior
10.2recommendations of the commission.
10.3 Sec. 13. [3D.13] REVIEW OF ADVISORY COMMITTEES.
10.4An advisory committee, the primary function of which is to advise a particular state
10.5agency, is subject to sunset on the date set for sunset of the agency unless the advisory
10.6committee is expressly continued by law.
10.7 Sec. 14. [3D.14] CONTINUATION BY LAW.
10.8During the regular session immediately before the sunset of a state agency or an
10.9advisory committee that is subject to this chapter, the legislature may enact legislation
10.10to continue the agency or advisory committee for a period not to exceed 12 years. This
10.11chapter does not prohibit the legislature from:
10.12(1) terminating a state agency or advisory committee subject to this chapter at a date
10.13earlier than that provided in this chapter; or
10.14(2) considering any other legislation relative to a state agency or advisory committee
10.15subject to this chapter.
10.16 Sec. 15. [3D.15] PROCEDURE AFTER TERMINATION.
10.17 Subdivision 1. Termination. Unless otherwise provided by law:
10.18(1) if after sunset review a state agency is abolished, the agency may continue in
10.19existence until June 30 of the following year to conclude its business;
10.20(2) abolishment does not reduce or otherwise limit the powers and authority of the
10.21state agency during the concluding year;
10.22(3) a state agency is terminated and shall cease all activities at the expiration of
10.23the one-year period; and
10.24(4) all rules that have been adopted by the state agency expire at the expiration of
10.25the one-year period.
10.26 Subd. 2. Funds of abolished agency or advisory committee. (a) Any unobligated
10.27and unexpended appropriations of an abolished agency or advisory committee lapse on
10.28June 30 of the year after abolishment.
10.29(b) Except as provided by subdivision 4 or as otherwise provided by law, all money
10.30in a dedicated fund of an abolished state agency or advisory committee on June 30 of the
10.31year after abolishment is transferred to the general fund. The part of the law dedicating
10.32the money to a specific fund of an abolished agency becomes void on June 30 of the year
10.33after abolishment.
11.1 Subd. 3. Property and records of abolished agency or advisory committee.
11.2Unless the governor designates an appropriate state agency as prescribed by subdivision 4,
11.3property and records in the custody of an abolished state agency or advisory committee
11.4on June 30 of the year after abolishment must be transferred to the commissioner of
11.5administration. If the governor designates an appropriate state agency, the property and
11.6records must be transferred to the designated state agency.
11.7 Subd. 4. Continuing obligations. (a) The legislature recognizes the state's
11.8continuing obligation to pay bonded indebtedness and all other obligations, including
11.9lease, contract, and other written obligations, incurred by a state agency or advisory
11.10committee abolished under this chapter, and this chapter does not impair or impede the
11.11payment of bonded indebtedness and all other obligations, including lease, contract, and
11.12other written obligations, in accordance with their terms. If an abolished state agency or
11.13advisory committee has outstanding bonded indebtedness or other outstanding obligations,
11.14including lease, contract, and other written obligations, the bonds and all other obligations,
11.15including lease, contract, and other written obligations, remain valid and enforceable in
11.16accordance with their terms and subject to all applicable terms and conditions of the laws
11.17and proceedings authorizing the bonds and all other obligations, including lease, contract,
11.18and other written obligations.
11.19(b) The governor shall designate an appropriate state agency that shall continue to
11.20carry out all covenants contained in the bonds and in all other obligations, including lease,
11.21contract, and other written obligations, and the proceedings authorizing them, including
11.22the issuance of bonds, and the performance of all other obligations, including lease,
11.23contract, and other written obligations, to complete the construction of projects or the
11.24performance of other obligations, including lease, contract, and other written obligations.
11.25(c) The designated state agency shall provide payment from the sources of payment
11.26of the bonds in accordance with the terms of the bonds and shall provide payment from
11.27the sources of payment of all other obligations, including lease, contract, and other written
11.28obligations, in accordance with their terms, whether from taxes, revenues, or otherwise,
11.29until the bonds and interest on the bonds are paid in full and all other obligations,
11.30including lease, contract, and other written obligations, are performed and paid in full.
11.31If the proceedings so provide, all funds established by laws or proceedings authorizing
11.32the bonds or authorizing other obligations, including lease, contract, and other written
11.33obligations, must remain with the comptroller or the previously designated trustees. If the
11.34proceedings do not provide that the funds remain with the comptroller or the previously
11.35designated trustees, the funds must be transferred to the designated state agency.
12.1 Sec. 16. [3D.16] ASSISTANCE OF AND ACCESS TO STATE AGENCIES.
12.2The commission may request the assistance of state agencies and officers. When
12.3assistance is requested, a state agency or officer shall assist the commission. In carrying
12.4out its functions under this chapter, the commission or its designated staff member may
12.5inspect the records, documents, and files of any state agency.
12.6 Sec. 17. [3D.17] RELOCATION OF EMPLOYEES.
12.7If an employee is displaced because a state agency or its advisory committee is
12.8abolished or reorganized, the state agency shall make a reasonable effort to relocate the
12.9displaced employee.
12.10 Sec. 18. [3D.18] SAVING PROVISION.
12.11Except as otherwise expressly provided, abolition of a state agency does not affect
12.12rights and duties that matured, penalties that were incurred, civil or criminal liabilities that
12.13arose, or proceedings that were begun before the effective date of the abolition.
12.14 Sec. 19. [3D.19] REVIEW OF PROPOSED LEGISLATION CREATING AN
12.15AGENCY.
12.16Each bill filed in a house of the legislature that would create a new state agency or
12.17a new advisory committee to a state agency shall be reviewed by the commission. The
12.18commission shall review the bill to determine if:
12.19(1) the proposed functions of the agency or committee could be administered by one
12.20or more existing state agencies or advisory committees;
12.21(2) the form of regulation, if any, proposed by the bill is the least restrictive form of
12.22regulation that will adequately protect the public;
12.23(3) the bill provides for adequate public input regarding any regulatory function
12.24proposed by the bill; and
12.25(4) the bill provides for adequate protection against conflicts of interest within
12.26the agency or committee.
12.27 Sec. 20. [3D.20] GIFTS AND GRANTS.
12.28The commission may accept gifts, grants, and donations from any organization
12.29described in section 501(c)(3) of the Internal Revenue Code for the purpose of funding
12.30any activity under this chapter. All gifts, grants, and donations must be accepted in an
12.31open meeting by a majority of the voting members of the commission and reported in the
13.1public record of the commission with the name of the donor and purpose of the gift, grant,
13.2or donation. Money received under this section is appropriated to the commission.
13.3 Sec. 21. [3D.21] EXPIRATION.
13.4 Subdivision 1. Group 1. The following agencies are sunset and expire on June
13.530, 2012: Department of Health, Department of Human Rights, Department of Human
13.6Services, all health-related licensing boards listed in section 214.01, Council on Affairs
13.7of Chicano/Latino People, Council on Black Minnesotans, Council on Asian-Pacific
13.8Minnesotans, Indian Affairs Council, Council on Disabilities, and all advisory groups
13.9associated with these agencies.
13.10 Subd. 2. Group 2. The following agencies are sunset and expire on June 30, 2014:
13.11Department of Education, Board of Teaching, Minnesota Office of Higher Education, and
13.12all advisory groups associated with these agencies.
13.13 Subd. 3. Group 3. The following agencies are sunset and expire on June 30, 2016:
13.14Department of Commerce, Department of Employment and Economic Development,
13.15Department of Labor and Industry, all non-health-related licensing boards listed in
13.16section 214.01 except as otherwise provided in this section, Explore Minnesota Tourism,
13.17Public Utilities Commission, Iron Range Resources and Rehabilitation Board, Bureau of
13.18Mediation Services, Combative Sports Commission, Amateur Sports Commission, and all
13.19advisory groups associated with these agencies.
13.20 Subd. 4. Group 4. The following agencies are sunset and expire on June 30, 2018:
13.21Department of Corrections, Department of Public Safety, Department of Transportation,
13.22Peace Officer Standards and Training Board, Corrections Ombudsman, and all advisory
13.23groups associated with these agencies.
13.24 Subd. 5. Group 5. The following agencies are sunset and expire on June 30, 2020:
13.25Department of Agriculture, Department of Natural Resources, Pollution Control Agency,
13.26Board of Animal Health, Board of Water and Soil Resources, and all advisory groups
13.27associated with these agencies.
13.28 Subd. 6. Group 6. The following agencies are sunset and expire on June 30, 2022:
13.29Department of Administration, Department of Management and Budget, Department of
13.30Military Affairs, Department of Revenue, Department of Veterans Affairs, Arts Board,
13.31Minnesota Zoo, Office of Administrative Hearings, Campaign Finance and Public
13.32Disclosure Board, Capitol Area Architectural and Planning Board, Office of Enterprise
13.33Technology, Minnesota Racing Commission, and all advisory groups associated with
13.34these agencies.
14.1 Subd. 7. Continuation. Following sunset review of an agency, the legislature may
14.2act within the same legislative session in which the sunset report was received on Sunset
14.3Advisory Commission recommendations to continue or reorganize the agency.
14.4 Subd. 8. Other groups. The commission may review, under the criteria in
14.5section 3D.10, and propose to the legislature an expiration date for any agency, board,
14.6commission, or program not listed in this section.
1.3proposal; requiring zero-based budgeting; establishing a sunset advisory
1.4commission and sunset process for state agencies;amending Minnesota Statutes
1.52010, sections 16A.10, subdivisions 1a, 1b, 1c; 16A.103, subdivision 1a; 16A.11,
1.6subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 16A;
1.7proposing coding for new law as Minnesota Statutes, chapter 3D.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 16A.10, subdivision 1a, is amended to read:
1.12 Subd. 1a. Purpose of performance data. Performance data shall be presented in
1.13the budget proposal to:
1.14(1) provide information so that the legislature can determine the extent to which
1.15state programs and activities are successful;
1.16(2) encourage agencies to develop clear and measurable goals and objectives for
1.17their programs and activities; and
1.18(3) strengthen accountability to Minnesotans by providing a record of state
1.19government's performance in providing effective and efficient services.
1.20 Sec. 2. Minnesota Statutes 2010, section 16A.10, subdivision 1b, is amended to read:
1.21 Subd. 1b. Performance data format. (a) As part of the budget proposal, agencies
1.22shall:
1.23(1) describe the goals and objectives of each agency program and activity; and
2.1(2) present performance data that measures the performance of programs and
2.2activities in meeting
2.3(b) Measures reported must be outcome-based and objective, and may include
2.4indicators of outputs, efficiency,
2.5each program and activity.
2.6(c) Agencies shall present as much historical information as needed to understand
2.7major trends and shall set targets for future performance issues
2.8
2.9would assist legislative review and decision making.
2.10(d) For purposes of this subdivision, subdivision 1a, and section 16A.106, the terms
2.11"program" and "activity" are used in the same manner as the terms are used in state
2.12budgeting. However, the commissioner may authorize an agency to define these terms in a
2.13different manner if that allows for a more effective presentation of performance data.
2.14 Sec. 3. Minnesota Statutes 2010, section 16A.10, subdivision 1c, is amended to read:
2.15 Subd. 1c. Performance measures for change items. For each change item in the
2.16budget proposal requesting new or increased funding, the budget document must present
2.17proposed performance measures that can be used to determine if the new or increased
2.18funding is accomplishing its goals. To the extent possible, each budget change item
2.19must identify relevant Minnesota Milestones and other statewide goals and indicators
2.20related to the proposed initiative.
2.21
2.22
2.23
2.24 Sec. 4. Minnesota Statutes 2010, section 16A.103, subdivision 1a, is amended to read:
2.25 Subd. 1a. Forecast parameters. The forecast must assume the continuation of
2.26current laws and reasonable estimates of projected growth in the national and state
2.27economies and affected populations. Revenue must be estimated for all sources provided
2.28for in current law. Expenditures must be estimated for all obligations imposed by law and
2.29those projected to occur as a result of variables outside the control of the legislature.
2.30Expenditures for the current biennium must be based on actual appropriations or, for
2.31forecasted programs, the amount needed to fund the formula in law. The base for
2.32expenditures projections for the next biennium is the amount appropriated in the second
2.33year of the current biennium, except as provided by other law, or, for forecasted programs,
3.1the amount needed to fund the formula in law. Expenditure estimates must not include an
3.2allowance for inflation.
3.3 Sec. 5. [16A.106] ZERO-BASED BUDGETING PRINCIPLES.
3.4(a) The detailed budget presented to the legislature must include:
3.5(1) a description of each budget activity for which the agency or entity receives
3.6an appropriation in the current biennium or for which the agency or entity requests an
3.7appropriation in the next biennium;
3.8(2) for each budget activity, three alternative funding levels or alternative ways of
3.9performing the budget activity, at least one of which is less than the previous biennium's
3.10actual expenditures for that budget activity, a summary of the priorities that would be
3.11accomplished within each level compared to a zero budget, and the additional increments
3.12of value that would be added by the higher funding levels compared to what would be
3.13accomplished if there were no funding for the activity; and
3.14(3) for each budget activity, performance data as specified in section 16A.10,
3.15subdivision 1b, the predicted effect of the three alternative funding levels on future
3.16performance, and also one or more measures of cost efficiency and effectiveness of
3.17program delivery, which must include comparisons to other states or entities with similar
3.18programs.
3.19(b) The commissioner's budget preparation guidelines and instructions must contain
3.20requirements, deadlines, and technical assistance to facilitate implementation of this
3.21section. After consultation with the legislative commission on planning and fiscal policy,
3.22the commissioner's instructions may establish parameters for the three alternative funding
3.23levels required in paragraph (a), clause (3).
3.24(c) The governor's recommendations must prioritize the budget activities within an
3.25agency or program area. To the extent activities in more than one agency or program area
3.26are meeting the same goals, the recommendations must prioritize budget activities across
3.27agencies or programs with the same goals, and this prioritization must include agencies or
3.28programs not subject to zero-based budgeting principles that biennium.
3.29(d) Expenditures for debt service under section 16A.641, subdivision 10, are not
3.30subject to zero-based budgeting principles.
3.31EFFECTIVE DATE.(a) The zero-based budgeting principles in this section first
3.32apply to the following budgets proposals for the biennium beginning July 1, 2013:
3.33(1) legislative branch;
3.34(2) judicial branch;
3.35(3) Minnesota State Colleges and Universities system; and
4.1(4) approximately half of expenditure programs in the executive branch, designated
4.2by the governor, in consultation with the chairs and lead minority members of the senate
4.3Finance Committee and the house of representatives Ways and Means Committee.
4.4(b) The zero-based budgeting principles in this section apply to all budget proposals
4.5for the biennium beginning July 1, 2015, and after.
4.6 Sec. 6. Minnesota Statutes 2010, section 16A.11, subdivision 3, is amended to read:
4.7 Subd. 3. Part two: detailed budget. (a) Part two of the budget, the detailed budget
4.8estimates both of expenditures and revenues, must contain any statements on the financial
4.9plan which the governor believes desirable or which may be required by the legislature.
4.10The detailed estimates shall include the governor's budget arranged in tabular form.
4.11(b) For programs designated for the zero-based budgeting principles under section
4.1216A.106, the budget must be prepared according to the requirements of that section.
4.13(c) For programs not designated for zero-based budgeting principles under section
4.1416A.106, tables listing expenditures for the next biennium must show the appropriation
4.15base for each year as defined in section 16A.103, subdivision 1c.
4.16
4.17separately show any adjustments to the base required by current law or policies of the
4.18commissioner of management and budget. For forecasted programs, the tables must also
4.19show the amount of the forecast adjustments, based on the most recent forecast prepared
4.20by the commissioner of management and budget under section
4.21the tables must show the amount of appropriation changes recommended by the governor,
4.22after adjustments to the base and forecast adjustments, and the total recommendation of
4.23the governor for that year.
4.24
4.25professional and technical service contracts for the prior biennium and the projected costs
4.26of those contracts for the current and upcoming biennium. They must also include a
4.27summary of the personnel employed by the agency, reflected as full-time equivalent
4.28positions.
4.29
4.30full-time equivalents by program; detail on any loans from the general fund, including
4.31dollar amounts by program; proposed investments in technology or equipment of $100,000
4.32or more; an explanation of any operating losses or increases in retained earnings; and a
4.33history of the rates that have been charged, with an explanation of any rate changes and
4.34the impact of the rate changes on affected agencies.
5.3 Section 1. [3D.01] SHORT TITLE.
5.4This chapter may be cited as the "Minnesota Sunset Act."
5.5 Sec. 2. [3D.02] DEFINITIONS.
5.6 Subdivision 1. Scope. The definitions in this section apply to this chapter.
5.7 Subd. 2. Advisory committee. "Advisory committee" means a committee, council,
5.8commission, or other entity created under state law whose primary function is to advise
5.9a state agency.
5.10 Subd. 3. Commission. "Commission" means the Sunset Advisory Commission.
5.11 Subd. 4. State agency. "State agency" means an agency expressly made subject
5.12to this chapter.
5.13 Sec. 3. [3D.03] SUNSET ADVISORY COMMISSION.
5.14 Subdivision 1. Membership. The Sunset Advisory Commission consists of 12
5.15members appointed as follows:
5.16(1) five senators and one public member, appointed according to the rules of the
5.17senate, with no more than three senators from the majority caucus; and
5.18(2) five members of the house of representatives and one public member, appointed
5.19by the speaker of the house, with no more than three of the house members from the
5.20majority caucus.
5.21 Subd. 2. Public member restrictions. An individual is not eligible for appointment
5.22as a public member if the individual or the individual's spouse is:
5.23(1) regulated by a state agency that the commission will review during the term for
5.24which the individual would serve;
5.25(2) employed by, participates in the management of, or directly or indirectly has
5.26more than a ten percent interest in a business entity or other organization regulated by a
5.27state agency the commission will review during the term for which the individual would
5.28serve; or
5.29(3) required to register as a lobbyist under chapter 10A because of the person's
5.30activities for compensation on behalf of a profession or entity related to the operation of
5.31an agency under review.
5.32 Subd. 3. Removal. (a) It is a ground for removal of a public member from the
5.33commission if the member does not have the qualifications required by subdivision 2
6.1for appointment to the commission at the time of appointment or does not maintain the
6.2qualifications while serving on the commission. The validity of the commission's action is
6.3not affected by the fact that it was taken when a ground for removal of a public member
6.4from the commission existed.
6.5(b) Except as provided in paragraph (a), a public member may be removed only as
6.6provided in section 15.0575, subdivision 4.
6.7 Subd. 4. Terms. Legislative members serve at the pleasure of the appointing
6.8authority. Public members serve two-year terms expiring the first Monday in January of
6.9each odd-numbered year.
6.10 Subd. 5. Limits. Members are subject to the following restrictions:
6.11(1) after an individual serves four years on the commission, the individual is not
6.12eligible for appointment to another term or part of a term;
6.13(2) a legislative member who serves a full term may not be appointed to an
6.14immediately succeeding term; and
6.15(3) a public member may not serve consecutive terms, and, for purposes of this
6.16prohibition, a member is considered to have served a term only if the member has served
6.17more than one-half of the term.
6.18 Subd. 6. Appointments. Appointments must be made before the first Monday of
6.19January of each odd-numbered year.
6.20 Subd. 7. Legislative members. If a legislative member ceases to be a member
6.21of the legislative body from which the member was appointed, the member vacates
6.22membership on the commission.
6.23 Subd. 8. Vacancies. If a vacancy occurs, the appointing authority shall appoint a
6.24person to serve for the remainder of the unexpired term in the same manner as the original
6.25appointment.
6.26 Subd. 9. Officers. The commission shall have a chair and vice-chair as presiding
6.27officers.
6.28 Subd. 10. Quorum; voting. Seven members of the commission constitute a
6.29quorum. A final action or recommendation may not be made unless approved by a
6.30recorded vote of at least seven members. All other actions by the commission shall be
6.31decided by a majority of the members present and voting.
6.32 Subd. 11. Compensation. Each public member shall be reimbursed for expenses
6.33as provided in section 15.0575. Compensation for legislators is as determined by the
6.34members' legislative chamber.
6.35 Sec. 4. [3D.04] STAFF.
7.1The Legislative Coordinating Commission shall provide staff and administrative
7.2services for the commission.
7.3 Sec. 5. [3D.05] RULES.
7.4The commission may adopt rules necessary to carry out this chapter.
7.5 Sec. 6. [3D.06] AGENCY REPORT TO COMMISSION.
7.6Before September 1 of the odd-numbered year before the year in which a state
7.7agency is sunset, the agency commissioner shall report to the commission:
7.8(1) information regarding the application to the agency of the criteria in section
7.93D.10;
7.10(2) a priority-based budget for the agency;
7.11(3) an inventory of all boards, commissions, committees, and other entities related
7.12to the agency; and
7.13(4) any other information that the agency commissioner considers appropriate or that
7.14is requested by the commission.
7.15 Sec. 7. [3D.07] COMMISSION DUTIES.
7.16Before January 1 of the year in which a state agency subject to this chapter and its
7.17advisory committees are sunset, the commission shall:
7.18(1) review and take action necessary to verify the reports submitted by the agency;
7.19and
7.20(2) conduct a review of the agency based on the criteria provided in section 3D.10
7.21and prepare a written report.
7.22 Sec. 8. [3D.08] PUBLIC HEARINGS.
7.23Before February 1 of the year a state agency subject to this chapter and its advisory
7.24committees are sunset, the commission shall conduct public hearings concerning but not
7.25limited to the application to the agency of the criteria provided in section 3D.10.
7.26 Sec. 9. [3D.09] COMMISSION REPORT.
7.27By February 1 of each even-numbered year, the commission shall present to the
7.28legislature and the governor a report on the agencies and advisory committees reviewed.
7.29In the report the commission shall include:
7.30(1) its findings regarding the criteria prescribed by section 3D.10;
7.31(2) its recommendations based on the matters prescribed by section 3D.11; and
8.1(3) other information the commission considers necessary for a complete review
8.2of the agency.
8.3 Sec. 10. [3D.10] CRITERIA FOR REVIEW.
8.4The commission and its staff shall consider the following criteria in determining
8.5whether a public need exists for the continuation of a state agency or its advisory
8.6committees or for the performance of the functions of the agency or its advisory
8.7committees:
8.8(1) the efficiency and effectiveness with which the agency or the advisory committee
8.9operates;
8.10(2) an identification of the mission, goals, and objectives intended for the agency or
8.11advisory committee and of the problem or need that the agency or advisory committee
8.12was intended to address and the extent to which the mission, goals, and objectives have
8.13been achieved and the problem or need has been addressed;
8.14(3) an identification of any activities of the agency in addition to those granted by
8.15statute and of the authority for those activities and the extent to which those activities
8.16are needed;
8.17(4) an assessment of authority of the agency relating to fees, inspections,
8.18enforcement, and penalties;
8.19(5) whether less restrictive or alternative methods of performing any function that
8.20the agency performs could adequately protect or provide service to the public;
8.21(6) the extent to which the jurisdiction of the agency and the programs administered
8.22by the agency overlap or duplicate those of other agencies, the extent to which the agency
8.23coordinates with those agencies, and the extent to which the programs administered by the
8.24agency can be consolidated with the programs of other state agencies;
8.25(7) the promptness and effectiveness with which the agency addresses complaints
8.26concerning entities or other persons affected by the agency, including an assessment of the
8.27agency's administrative hearings process;
8.28(8) an assessment of the agency's rulemaking process and the extent to which the
8.29agency has encouraged participation by the public in making its rules and decisions and
8.30the extent to which the public participation has resulted in rules that benefit the public;
8.31(9) the extent to which the agency has complied with federal and state laws and
8.32applicable rules regarding equality of employment opportunity and the rights and privacy
8.33of individuals, and state law and applicable rules of any state agency regarding purchasing
8.34guidelines and programs for historically underutilized businesses;
9.1(10) the extent to which the agency issues and enforces rules relating to potential
9.2conflicts of interest of its employees;
9.3(11) the extent to which the agency complies with chapter 13 and follows records
9.4management practices that enable the agency to respond efficiently to requests for public
9.5information; and
9.6(12) the effect of federal intervention or loss of federal funds if the agency is
9.7abolished.
9.8 Sec. 11. [3D.11] RECOMMENDATIONS.
9.9(a) In its report on a state agency, the commission shall:
9.10(1) make recommendations on the abolition, continuation, or reorganization of each
9.11affected state agency and its advisory committees and on the need for the performance of
9.12the functions of the agency and its advisory committees;
9.13(2) make recommendations on the consolidation, transfer, or reorganization of
9.14programs within state agencies not under review when the programs duplicate functions
9.15performed in agencies under review; and
9.16(3) make recommendations to improve the operations of the agency, its policy body,
9.17and its advisory committees, including management recommendations that do not require
9.18a change in the agency's enabling statute.
9.19(b) The commission shall include the estimated fiscal impact of its recommendations
9.20and may recommend appropriation levels for certain programs to improve the operations
9.21of the state agency.
9.22(c) The commission shall have drafts of legislation prepared to carry out the
9.23commission's recommendations under this section, including legislation necessary
9.24to continue the existence of agencies that would otherwise sunset if the commission
9.25recommends continuation of an agency.
9.26(d) After the legislature acts on the report under section 3D.09, the commission shall
9.27present to the legislative auditor the commission's recommendations that do not require
9.28a statutory change to be put into effect. Subject to the legislative audit commission's
9.29approval, the legislative auditor may examine the recommendations and include as part
9.30of the next audit of the agency a report on whether the agency has implemented the
9.31recommendations and, if so, in what manner.
9.32 Sec. 12. [3D.12] MONITORING OF RECOMMENDATIONS.
9.33During each legislative session, the staff of the commission shall monitor legislation
9.34affecting agencies that have undergone sunset review and shall periodically report
10.1to the members of the commission on proposed changes that would modify prior
10.2recommendations of the commission.
10.3 Sec. 13. [3D.13] REVIEW OF ADVISORY COMMITTEES.
10.4An advisory committee, the primary function of which is to advise a particular state
10.5agency, is subject to sunset on the date set for sunset of the agency unless the advisory
10.6committee is expressly continued by law.
10.7 Sec. 14. [3D.14] CONTINUATION BY LAW.
10.8During the regular session immediately before the sunset of a state agency or an
10.9advisory committee that is subject to this chapter, the legislature may enact legislation
10.10to continue the agency or advisory committee for a period not to exceed 12 years. This
10.11chapter does not prohibit the legislature from:
10.12(1) terminating a state agency or advisory committee subject to this chapter at a date
10.13earlier than that provided in this chapter; or
10.14(2) considering any other legislation relative to a state agency or advisory committee
10.15subject to this chapter.
10.16 Sec. 15. [3D.15] PROCEDURE AFTER TERMINATION.
10.17 Subdivision 1. Termination. Unless otherwise provided by law:
10.18(1) if after sunset review a state agency is abolished, the agency may continue in
10.19existence until June 30 of the following year to conclude its business;
10.20(2) abolishment does not reduce or otherwise limit the powers and authority of the
10.21state agency during the concluding year;
10.22(3) a state agency is terminated and shall cease all activities at the expiration of
10.23the one-year period; and
10.24(4) all rules that have been adopted by the state agency expire at the expiration of
10.25the one-year period.
10.26 Subd. 2. Funds of abolished agency or advisory committee. (a) Any unobligated
10.27and unexpended appropriations of an abolished agency or advisory committee lapse on
10.28June 30 of the year after abolishment.
10.29(b) Except as provided by subdivision 4 or as otherwise provided by law, all money
10.30in a dedicated fund of an abolished state agency or advisory committee on June 30 of the
10.31year after abolishment is transferred to the general fund. The part of the law dedicating
10.32the money to a specific fund of an abolished agency becomes void on June 30 of the year
10.33after abolishment.
11.1 Subd. 3. Property and records of abolished agency or advisory committee.
11.2Unless the governor designates an appropriate state agency as prescribed by subdivision 4,
11.3property and records in the custody of an abolished state agency or advisory committee
11.4on June 30 of the year after abolishment must be transferred to the commissioner of
11.5administration. If the governor designates an appropriate state agency, the property and
11.6records must be transferred to the designated state agency.
11.7 Subd. 4. Continuing obligations. (a) The legislature recognizes the state's
11.8continuing obligation to pay bonded indebtedness and all other obligations, including
11.9lease, contract, and other written obligations, incurred by a state agency or advisory
11.10committee abolished under this chapter, and this chapter does not impair or impede the
11.11payment of bonded indebtedness and all other obligations, including lease, contract, and
11.12other written obligations, in accordance with their terms. If an abolished state agency or
11.13advisory committee has outstanding bonded indebtedness or other outstanding obligations,
11.14including lease, contract, and other written obligations, the bonds and all other obligations,
11.15including lease, contract, and other written obligations, remain valid and enforceable in
11.16accordance with their terms and subject to all applicable terms and conditions of the laws
11.17and proceedings authorizing the bonds and all other obligations, including lease, contract,
11.18and other written obligations.
11.19(b) The governor shall designate an appropriate state agency that shall continue to
11.20carry out all covenants contained in the bonds and in all other obligations, including lease,
11.21contract, and other written obligations, and the proceedings authorizing them, including
11.22the issuance of bonds, and the performance of all other obligations, including lease,
11.23contract, and other written obligations, to complete the construction of projects or the
11.24performance of other obligations, including lease, contract, and other written obligations.
11.25(c) The designated state agency shall provide payment from the sources of payment
11.26of the bonds in accordance with the terms of the bonds and shall provide payment from
11.27the sources of payment of all other obligations, including lease, contract, and other written
11.28obligations, in accordance with their terms, whether from taxes, revenues, or otherwise,
11.29until the bonds and interest on the bonds are paid in full and all other obligations,
11.30including lease, contract, and other written obligations, are performed and paid in full.
11.31If the proceedings so provide, all funds established by laws or proceedings authorizing
11.32the bonds or authorizing other obligations, including lease, contract, and other written
11.33obligations, must remain with the comptroller or the previously designated trustees. If the
11.34proceedings do not provide that the funds remain with the comptroller or the previously
11.35designated trustees, the funds must be transferred to the designated state agency.
12.1 Sec. 16. [3D.16] ASSISTANCE OF AND ACCESS TO STATE AGENCIES.
12.2The commission may request the assistance of state agencies and officers. When
12.3assistance is requested, a state agency or officer shall assist the commission. In carrying
12.4out its functions under this chapter, the commission or its designated staff member may
12.5inspect the records, documents, and files of any state agency.
12.6 Sec. 17. [3D.17] RELOCATION OF EMPLOYEES.
12.7If an employee is displaced because a state agency or its advisory committee is
12.8abolished or reorganized, the state agency shall make a reasonable effort to relocate the
12.9displaced employee.
12.10 Sec. 18. [3D.18] SAVING PROVISION.
12.11Except as otherwise expressly provided, abolition of a state agency does not affect
12.12rights and duties that matured, penalties that were incurred, civil or criminal liabilities that
12.13arose, or proceedings that were begun before the effective date of the abolition.
12.14 Sec. 19. [3D.19] REVIEW OF PROPOSED LEGISLATION CREATING AN
12.15AGENCY.
12.16Each bill filed in a house of the legislature that would create a new state agency or
12.17a new advisory committee to a state agency shall be reviewed by the commission. The
12.18commission shall review the bill to determine if:
12.19(1) the proposed functions of the agency or committee could be administered by one
12.20or more existing state agencies or advisory committees;
12.21(2) the form of regulation, if any, proposed by the bill is the least restrictive form of
12.22regulation that will adequately protect the public;
12.23(3) the bill provides for adequate public input regarding any regulatory function
12.24proposed by the bill; and
12.25(4) the bill provides for adequate protection against conflicts of interest within
12.26the agency or committee.
12.27 Sec. 20. [3D.20] GIFTS AND GRANTS.
12.28The commission may accept gifts, grants, and donations from any organization
12.29described in section 501(c)(3) of the Internal Revenue Code for the purpose of funding
12.30any activity under this chapter. All gifts, grants, and donations must be accepted in an
12.31open meeting by a majority of the voting members of the commission and reported in the
13.1public record of the commission with the name of the donor and purpose of the gift, grant,
13.2or donation. Money received under this section is appropriated to the commission.
13.3 Sec. 21. [3D.21] EXPIRATION.
13.4 Subdivision 1. Group 1. The following agencies are sunset and expire on June
13.530, 2012: Department of Health, Department of Human Rights, Department of Human
13.6Services, all health-related licensing boards listed in section 214.01, Council on Affairs
13.7of Chicano/Latino People, Council on Black Minnesotans, Council on Asian-Pacific
13.8Minnesotans, Indian Affairs Council, Council on Disabilities, and all advisory groups
13.9associated with these agencies.
13.10 Subd. 2. Group 2. The following agencies are sunset and expire on June 30, 2014:
13.11Department of Education, Board of Teaching, Minnesota Office of Higher Education, and
13.12all advisory groups associated with these agencies.
13.13 Subd. 3. Group 3. The following agencies are sunset and expire on June 30, 2016:
13.14Department of Commerce, Department of Employment and Economic Development,
13.15Department of Labor and Industry, all non-health-related licensing boards listed in
13.16section 214.01 except as otherwise provided in this section, Explore Minnesota Tourism,
13.17Public Utilities Commission, Iron Range Resources and Rehabilitation Board, Bureau of
13.18Mediation Services, Combative Sports Commission, Amateur Sports Commission, and all
13.19advisory groups associated with these agencies.
13.20 Subd. 4. Group 4. The following agencies are sunset and expire on June 30, 2018:
13.21Department of Corrections, Department of Public Safety, Department of Transportation,
13.22Peace Officer Standards and Training Board, Corrections Ombudsman, and all advisory
13.23groups associated with these agencies.
13.24 Subd. 5. Group 5. The following agencies are sunset and expire on June 30, 2020:
13.25Department of Agriculture, Department of Natural Resources, Pollution Control Agency,
13.26Board of Animal Health, Board of Water and Soil Resources, and all advisory groups
13.27associated with these agencies.
13.28 Subd. 6. Group 6. The following agencies are sunset and expire on June 30, 2022:
13.29Department of Administration, Department of Management and Budget, Department of
13.30Military Affairs, Department of Revenue, Department of Veterans Affairs, Arts Board,
13.31Minnesota Zoo, Office of Administrative Hearings, Campaign Finance and Public
13.32Disclosure Board, Capitol Area Architectural and Planning Board, Office of Enterprise
13.33Technology, Minnesota Racing Commission, and all advisory groups associated with
13.34these agencies.
14.1 Subd. 7. Continuation. Following sunset review of an agency, the legislature may
14.2act within the same legislative session in which the sunset report was received on Sunset
14.3Advisory Commission recommendations to continue or reorganize the agency.
14.4 Subd. 8. Other groups. The commission may review, under the criteria in
14.5section 3D.10, and propose to the legislature an expiration date for any agency, board,
14.6commission, or program not listed in this section.
