Bill Text: MN SF1150 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Minnesota Sunset Act
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-04-11 - Referred to State Government Innovation and Veterans [SF1150 Detail]
Download: Minnesota-2011-SF1150-Introduced.html
1.2relating to state government; creating the Sunset Advisory Commission;
1.3providing for sunset and review of state agencies and their rules;proposing
1.4coding for new law as Minnesota Statutes, chapter 3D.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [3D.01] SHORT TITLE.
1.7This chapter may be cited as the "Minnesota Sunset Act."
1.8 Sec. 2. [3D.02] DEFINITIONS.
1.9 Subdivision 1. Scope. The definitions in this section apply to this chapter.
1.10 Subd. 2. Advisory committee. "Advisory committee" means a committee, council,
1.11commission, or other entity created under state law whose primary function is to advise
1.12a state agency.
1.13 Subd. 3. Commission. "Commission" means the Sunset Advisory Commission.
1.14 Subd. 4. State agency. "State agency" means an agency expressly made subject
1.15to this chapter.
1.16 Sec. 3. [3D.03] SUNSET ADVISORY COMMISSION.
1.17The Sunset Advisory Commission consists of:
1.18(1) three members of the senate appointed by the Subcommittee on Committees of
1.19the Committee on Rules and Administration of the senate;
1.20(2) two members of the senate appointed by the senate minority leader;
1.21(3) three members of the house of representatives appointed by the speaker of the
1.22house; and
2.1(4) two members of the house of representatives appointed by the house of
2.2representatives minority leader.
2.3Members shall serve until replaced, or until they are not members of the legislative
2.4body from which they were appointed. Appointing authorities shall fill vacancies on the
2.5commission within 30 days of a vacancy being created.
2.6The commission shall meet in January of each odd-numbered year to elect its chair
2.7and vice-chair. They shall serve until successors are elected. The chair and vice-chair shall
2.8alternate biennially between the senate and the house of representatives. The commission
2.9shall meet at the call of the chair. The members shall serve without compensation but be
2.10reimbursed for their reasonable expenses as members of the legislature. The commission
2.11may exercise the powers prescribed by section 3.153.
2.12 Sec. 4. [3D.06] AGENCY REPORT TO COMMISSION.
2.13Before September 1 of the odd-numbered year before the year in which a state agency
2.14is subject to sunset review, the agency commissioner shall report to the commission:
2.15(1) information regarding the application to the agency of the criteria in section
2.163D.10;
2.17(2) a priority-based budget for the agency;
2.18(3) an inventory of all boards, commissions, committees, and other entities related
2.19to the agency;
2.20(4) an inventory of all rules of the agency and all boards, commissions, committees,
2.21or other entities related to the agency; and
2.22(5) any other information that the agency commissioner considers appropriate or that
2.23is requested by the commission.
2.24 Sec. 5. [3D.07] COMMISSION DUTIES.
2.25Before January 1 of the year in which a state agency subject to this chapter and its
2.26advisory committees are subject to sunset review, the commission shall:
2.27(1) review and take action necessary to verify the reports submitted by the agency;
2.28(2) conduct a review of the agency based on the criteria provided in section 3D.10
2.29and prepare a written report; and
2.30(3) review the implementation of commission recommendations contained in the
2.31reports presented to the legislature during the preceding legislative session and the
2.32resulting legislation.
2.33 Sec. 6. [3D.08] PUBLIC HEARINGS.
3.1Before February 1 of the year a state agency subject to this chapter and its advisory
3.2committees are subject to sunset review, the commission shall conduct public hearings
3.3concerning but not limited to the application to the agency of the criteria provided in
3.4section 3D.10.
3.5 Sec. 7. [3D.09] COMMISSION REPORT.
3.6At each regular legislative session, the commission shall present to the legislature
3.7and the governor a report on the agencies and advisory committees reviewed. In the
3.8report the commission shall include:
3.9(1) its findings regarding the criteria prescribed by section 3D.10;
3.10(2) its recommendations based on the matters prescribed by section 3D.11; and
3.11(3) other information the commission considers necessary for a complete review
3.12of the agency.
3.13 Sec. 8. [3D.10] CRITERIA FOR REVIEW.
3.14The commission and its staff shall consider the following criteria in determining
3.15whether a public need exists for the continuation of a state agency, its rules, or its
3.16advisory committees or for the performance of the functions of the agency or its advisory
3.17committees:
3.18(1) the efficiency and effectiveness with which the agency or the advisory committee
3.19operates;
3.20(2) the efficiency and effectiveness of all agency rules;
3.21(3) an identification of the mission, goals, and objectives intended for the agency or
3.22advisory committee and of the problem or need that the agency or advisory committee
3.23was intended to address and the extent to which the mission, goals, and objectives have
3.24been achieved and the problem or need has been addressed;
3.25(4) an identification of any activities of the agency in addition to those granted by
3.26statute and of the authority for those activities and the extent to which those activities
3.27are needed;
3.28(5) an assessment of authority of the agency relating to rules, fees, inspections,
3.29enforcement, and penalties;
3.30(6) whether less restrictive or alternative methods of performing any function that
3.31the agency performs could adequately protect or provide service to the public;
3.32(7) the extent to which the jurisdiction of the agency and the programs and rules
3.33administered by the agency overlap or duplicate those of other agencies, the extent to
3.34which the agency coordinates with those agencies, and the extent to which the programs
4.1and rules administered by the agency can be consolidated with the programs of other
4.2state agencies;
4.3(8) the promptness and effectiveness with which the agency addresses complaints
4.4concerning entities or other persons affected by the agency, including an assessment of the
4.5agency's administrative hearings process;
4.6(9) an assessment of the agency's rulemaking process and the extent to which the
4.7agency has encouraged participation by the public in making its rules and decisions and
4.8the extent to which the public participation has resulted in rules that benefit the public;
4.9(10) the extent to which the agency has complied with federal and state laws and
4.10applicable rules regarding equality of employment opportunity and the rights and privacy
4.11of individuals; and state law and applicable rules of any state agency regarding purchasing
4.12guidelines and programs for historically underutilized businesses;
4.13(11) the extent to which the agency issues and enforces rules relating to potential
4.14conflicts of interest of its employees;
4.15(12) the extent to which the agency complies with chapter 13 and follows records
4.16management practices that enable the agency to respond efficiently to requests for public
4.17information; and
4.18(13) the effect of federal intervention or loss of federal funds if the agency is
4.19abolished.
4.20 Sec. 9. [3D.11] RECOMMENDATIONS.
4.21(a) In its report on a state agency, the commission shall:
4.22(1) make recommendations on the abolition, continuation, or reorganization of each
4.23affected state agency and its advisory committees and on the need for the performance of
4.24the functions of the agency and its advisory committees;
4.25(2) make recommendations on the elimination of rules and related statutory authority;
4.26(3) make recommendations on the consolidation, transfer, or reorganization of
4.27programs and rules within state agencies not under review when the programs and rules
4.28duplicate functions performed in agencies under review; and
4.29(4) make recommendations to improve the operations of the agency, its policy body,
4.30and its advisory committees, including management recommendations that do not require
4.31a change in the agency's enabling statute.
4.32(b) The commission shall include the estimated fiscal impact of its recommendations
4.33and may recommend appropriation levels for certain programs to improve the operations
4.34of the state agency.
5.1(c) The commission shall have drafts of legislation prepared to carry out the
5.2commission's recommendations under this section.
5.3(d) After the legislature acts on the report under section 3D.09, the commission shall
5.4present to the legislative auditor the commission's recommendations that do not require
5.5a statutory change to be put into effect. Subject to the legislative audit commission's
5.6approval, the legislative auditor may examine the recommendations and include as part
5.7of the next audit of the agency a report on whether the agency has implemented the
5.8recommendations and, if so, in what manner.
5.9 Sec. 10. [3D.12] MONITORING OF RECOMMENDATIONS.
5.10During each legislative session, the staff of the commission shall monitor legislation
5.11affecting agencies that have undergone sunset review and shall periodically report
5.12to the members of the commission on proposed changes which would modify prior
5.13recommendations of the commission.
5.14 Sec. 11. [3D.13] REVIEW OF ADVISORY COMMITTEES.
5.15An advisory committee, the primary function of which is to advise a particular state
5.16agency, is subject to sunset review on the date set for sunset review of the agency unless
5.17the advisory committee is expressly continued by law.
5.18 Sec. 12. [3D.14] CONTINUATION BY LAW.
5.19During the regular session immediately before the sunset review of a state agency or
5.20an advisory committee that is subject to this chapter, the legislature may enact legislation
5.21to continue the agency, its rules, or advisory committee for a period not to exceed 12
5.22years. This chapter does not prohibit the legislature from:
5.23(1) terminating a state agency or advisory committee subject to this chapter at a date
5.24earlier than that provided in this chapter;
5.25(2) eliminating its rules and related statutory authority at a date earlier than that
5.26provided in this chapter; or
5.27(3) considering any other legislation relative to a state agency or advisory committee
5.28subject to this chapter.
5.29 Sec. 13. [3D.15] PROCEDURE AFTER TERMINATION.
5.30 Subdivision 1. Termination. Unless otherwise provided by law:
5.31(1) if after sunset review a state agency is abolished, the agency may continue in
5.32existence until September 1 of the following year to conclude its business;
6.1(2) abolishment does not reduce or otherwise limit the powers and authority of the
6.2state agency during the concluding year;
6.3(3) a state agency is terminated and shall cease all activities at the expiration of
6.4the one-year period; and
6.5(4) all rules that have been adopted by the state agency expire at the expiration of
6.6the one-year period.
6.7 Subd. 2. Funds of abolished agency or advisory committee. (a) Any unobligated
6.8and unexpended appropriations of an abolished agency or advisory committee lapse on
6.9September 1 of the even-numbered year after abolishment.
6.10(b) Except as provided by subdivision 4 or as otherwise provided by law, all money
6.11in a dedicated fund of an abolished state agency or advisory committee on September 1 of
6.12the even-numbered year after abolishment is transferred to the general fund. The part of
6.13the law dedicating the money to a specific fund of an abolished agency becomes void on
6.14September 1 of the even-numbered year after abolishment.
6.15 Subd. 3. Property and records of abolished agency or advisory committee.
6.16 Unless the governor designates an appropriate state agency as prescribed by subdivision 4,
6.17property and records in the custody of an abolished state agency or advisory committee
6.18on September 1 of the even-numbered year after abolishment must be transferred to the
6.19commissioner of administration. If the governor designates an appropriate state agency,
6.20the property and records must be transferred to the designated state agency.
6.21 Subd. 4. Continuing obligations. (a) The legislature recognizes the state's
6.22continuing obligation to pay bonded indebtedness and all other obligations, including
6.23lease, contract, and other written obligations, incurred by a state agency or advisory
6.24committee abolished under this chapter, and this chapter does not impair or impede the
6.25payment of bonded indebtedness and all other obligations, including lease, contract, and
6.26other written obligations, in accordance with their terms. If an abolished state agency or
6.27advisory committee has outstanding bonded indebtedness or other outstanding obligations,
6.28including lease, contract, and other written obligations, the bonds and all other obligations,
6.29including lease, contract, and other written obligations, remain valid and enforceable in
6.30accordance with their terms and subject to all applicable terms and conditions of the laws
6.31and proceedings authorizing the bonds and all other obligations, including lease, contract,
6.32and other written obligations.
6.33(b) The governor shall designate an appropriate state agency that shall continue to
6.34carry out all covenants contained in the bonds and in all other obligations, including lease,
6.35contract, and other written obligations, and the proceedings authorizing them, including
6.36the issuance of bonds, and the performance of all other obligations, including lease,
7.1contract, and other written obligations, to complete the construction of projects or the
7.2performance of other obligations, including lease, contract, and other written obligations.
7.3(c) The designated state agency shall provide payment from the sources of payment
7.4of the bonds in accordance with the terms of the bonds and shall provide payment from
7.5the sources of payment of all other obligations, including lease, contract, and other written
7.6obligations, in accordance with their terms, whether from taxes, revenues, or otherwise,
7.7until the bonds and interest on the bonds are paid in full and all other obligations,
7.8including lease, contract, and other written obligations, are performed and paid in full.
7.9If the proceedings so provide, all funds established by laws or proceedings authorizing
7.10the bonds or authorizing other obligations, including lease, contract, and other written
7.11obligations, must remain with the comptroller or the previously designated trustees. If the
7.12proceedings do not provide that the funds remain with the comptroller or the previously
7.13designated trustees, the funds must be transferred to the designated state agency.
7.14 Sec. 14. [3D.16] ASSISTANCE OF AND ACCESS TO STATE AGENCIES.
7.15The commission may request the assistance of state agencies and officers. When
7.16assistance is requested, a state agency or officer shall assist the commission. In carrying
7.17out its functions under this chapter, the commission or its designated staff member may
7.18inspect the records, documents, and files of any state agency.
7.19 Sec. 15. [3D.17] RELOCATION OF EMPLOYEES.
7.20If an employee is displaced because a state agency or its advisory committee is
7.21abolished or reorganized, the state agency shall make a reasonable effort to relocate the
7.22displaced employee.
7.23 Sec. 16. [3D.18] SAVING PROVISION.
7.24Except as otherwise expressly provided, abolition of a state agency does not affect
7.25rights and duties that matured, penalties that were incurred, civil or criminal liabilities that
7.26arose, or proceedings that were begun before the effective date of the abolition.
7.27 Sec. 17. [3D.19] REVIEW OF PROPOSED LEGISLATION CREATING AN
7.28AGENCY OR GRANTING NEW RULEMAKING AUTHORITY.
7.29Each bill filed in a house of the legislature that would create a new state agency or
7.30a new advisory committee to a state agency, or that grants new rulemaking authority to
7.31an agency, shall be reviewed by the commission. The commission shall review the bill
7.32to determine if:
8.1(1) the proposed functions of the agency or committee could be administered by one
8.2or more existing state agencies or advisory committees;
8.3(2) the form of regulation, if any, proposed by the bill is the least restrictive form of
8.4regulation that will adequately protect the public;
8.5(3) the bill provides for adequate public input regarding any regulatory function
8.6proposed by the bill; and
8.7(4) the bill provides for adequate protection against conflicts of interest within
8.8the agency or committee.
8.9 Sec. 18. [3D.20] GIFTS AND GRANTS.
8.10The commission may accept gifts, grants, and donations from any organization
8.11described in section 501(c)(3) of the Internal Revenue Code for the purpose of funding
8.12any activity under this chapter. All gifts, grants, and donations must be accepted in an
8.13open meeting by a majority of the voting members of the commission and reported in the
8.14public record of the commission with the name of the donor and purpose of the gift, grant,
8.15or donation. Money received under this section is appropriated to the commission.
8.16 Sec. 19. [3D.21] SCHEDULE FOR SUNSET REVIEW.
8.17 Subdivision 1. Group 1. The following agencies are subject to sunset review before
8.18June 30, 2012: Department of Health, Department of Human Rights, Department of
8.19Human Services, all health-related licensing boards listed in section 214.01, Council
8.20on Affairs of Chicano/Latino People, Council on Black Minnesotans, Council on
8.21Asian-Pacific Minnesotans, Indian Affairs Council, Council on Disabilities, and all
8.22advisory groups associated with these agencies.
8.23 Subd. 2. Group 2. The following agencies are subject to sunset review before June
8.2430, 2014: Department of Education, Board of Teaching, Minnesota Office of Higher
8.25Education, and all advisory groups associated with these agencies.
8.26 Subd. 3. Group 3. The following agencies are subject to sunset review before
8.27June 30, 2016: Department of Commerce, Department of Employment and Economic
8.28Development, Department of Labor and Industry, all non-health-related licensing boards
8.29listed in section 214.01 except as otherwise provided in this section, Explore Minnesota
8.30Tourism, Public Utilities Commission, Iron Range Resources and Rehabilitation
8.31Board, Bureau of Mediation Services, Combative Sports Commission, Amateur Sports
8.32Commission, and all advisory groups associated with these agencies.
8.33 Subd. 4. Group 4. The following agencies are subject to sunset review before
8.34June 30, 2018: Department of Corrections, Department of Public Safety, Department of
9.1Transportation, Peace Officer Standards and Training Board, Corrections Ombudsman,
9.2and all advisory groups associated with these agencies.
9.3 Subd. 5. Group 5. The following agencies are subject to sunset review before June
9.430, 2020: Department of Agriculture, Department of Natural Resources, Pollution Control
9.5Agency, Board of Animal Health, Board of Water and Soil Resources, and all advisory
9.6groups associated with these agencies.
9.7 Subd. 6. Group 6. The following agencies are subject to sunset review before
9.8June 30, 2022: Department of Administration, Department of Management and Budget,
9.9Department of Military Affairs, Department of Revenue, Department of Veterans Affairs,
9.10Arts Board, Minnesota Zoo, Office of Administrative Hearings, Board of Campaign
9.11Finance and Public Disclosure, Capitol Area Architectural and Planning Board, Office
9.12of Enterprise Technology, Minnesota Racing Commission, and all advisory groups
9.13associated with these agencies.
9.14 Subd. 7. Continuation. Following sunset review of an agency, the legislature
9.15shall act within the same legislative session in which the sunset report was received on
9.16the Sunset Advisory Commission recommendations to abolish, continue, or reorganize
9.17the agency.
9.18 Subd. 8. Other groups. The commission may review, under the criteria in
9.19section 3D.10, and propose to the legislature an expiration date for, any agency, board,
9.20commission, or program not listed in this section.
1.3providing for sunset and review of state agencies and their rules;proposing
1.4coding for new law as Minnesota Statutes, chapter 3D.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [3D.01] SHORT TITLE.
1.7This chapter may be cited as the "Minnesota Sunset Act."
1.8 Sec. 2. [3D.02] DEFINITIONS.
1.9 Subdivision 1. Scope. The definitions in this section apply to this chapter.
1.10 Subd. 2. Advisory committee. "Advisory committee" means a committee, council,
1.11commission, or other entity created under state law whose primary function is to advise
1.12a state agency.
1.13 Subd. 3. Commission. "Commission" means the Sunset Advisory Commission.
1.14 Subd. 4. State agency. "State agency" means an agency expressly made subject
1.15to this chapter.
1.16 Sec. 3. [3D.03] SUNSET ADVISORY COMMISSION.
1.17The Sunset Advisory Commission consists of:
1.18(1) three members of the senate appointed by the Subcommittee on Committees of
1.19the Committee on Rules and Administration of the senate;
1.20(2) two members of the senate appointed by the senate minority leader;
1.21(3) three members of the house of representatives appointed by the speaker of the
1.22house; and
2.1(4) two members of the house of representatives appointed by the house of
2.2representatives minority leader.
2.3Members shall serve until replaced, or until they are not members of the legislative
2.4body from which they were appointed. Appointing authorities shall fill vacancies on the
2.5commission within 30 days of a vacancy being created.
2.6The commission shall meet in January of each odd-numbered year to elect its chair
2.7and vice-chair. They shall serve until successors are elected. The chair and vice-chair shall
2.8alternate biennially between the senate and the house of representatives. The commission
2.9shall meet at the call of the chair. The members shall serve without compensation but be
2.10reimbursed for their reasonable expenses as members of the legislature. The commission
2.11may exercise the powers prescribed by section 3.153.
2.12 Sec. 4. [3D.06] AGENCY REPORT TO COMMISSION.
2.13Before September 1 of the odd-numbered year before the year in which a state agency
2.14is subject to sunset review, the agency commissioner shall report to the commission:
2.15(1) information regarding the application to the agency of the criteria in section
2.163D.10;
2.17(2) a priority-based budget for the agency;
2.18(3) an inventory of all boards, commissions, committees, and other entities related
2.19to the agency;
2.20(4) an inventory of all rules of the agency and all boards, commissions, committees,
2.21or other entities related to the agency; and
2.22(5) any other information that the agency commissioner considers appropriate or that
2.23is requested by the commission.
2.24 Sec. 5. [3D.07] COMMISSION DUTIES.
2.25Before January 1 of the year in which a state agency subject to this chapter and its
2.26advisory committees are subject to sunset review, the commission shall:
2.27(1) review and take action necessary to verify the reports submitted by the agency;
2.28(2) conduct a review of the agency based on the criteria provided in section 3D.10
2.29and prepare a written report; and
2.30(3) review the implementation of commission recommendations contained in the
2.31reports presented to the legislature during the preceding legislative session and the
2.32resulting legislation.
2.33 Sec. 6. [3D.08] PUBLIC HEARINGS.
3.1Before February 1 of the year a state agency subject to this chapter and its advisory
3.2committees are subject to sunset review, the commission shall conduct public hearings
3.3concerning but not limited to the application to the agency of the criteria provided in
3.4section 3D.10.
3.5 Sec. 7. [3D.09] COMMISSION REPORT.
3.6At each regular legislative session, the commission shall present to the legislature
3.7and the governor a report on the agencies and advisory committees reviewed. In the
3.8report the commission shall include:
3.9(1) its findings regarding the criteria prescribed by section 3D.10;
3.10(2) its recommendations based on the matters prescribed by section 3D.11; and
3.11(3) other information the commission considers necessary for a complete review
3.12of the agency.
3.13 Sec. 8. [3D.10] CRITERIA FOR REVIEW.
3.14The commission and its staff shall consider the following criteria in determining
3.15whether a public need exists for the continuation of a state agency, its rules, or its
3.16advisory committees or for the performance of the functions of the agency or its advisory
3.17committees:
3.18(1) the efficiency and effectiveness with which the agency or the advisory committee
3.19operates;
3.20(2) the efficiency and effectiveness of all agency rules;
3.21(3) an identification of the mission, goals, and objectives intended for the agency or
3.22advisory committee and of the problem or need that the agency or advisory committee
3.23was intended to address and the extent to which the mission, goals, and objectives have
3.24been achieved and the problem or need has been addressed;
3.25(4) an identification of any activities of the agency in addition to those granted by
3.26statute and of the authority for those activities and the extent to which those activities
3.27are needed;
3.28(5) an assessment of authority of the agency relating to rules, fees, inspections,
3.29enforcement, and penalties;
3.30(6) whether less restrictive or alternative methods of performing any function that
3.31the agency performs could adequately protect or provide service to the public;
3.32(7) the extent to which the jurisdiction of the agency and the programs and rules
3.33administered by the agency overlap or duplicate those of other agencies, the extent to
3.34which the agency coordinates with those agencies, and the extent to which the programs
4.1and rules administered by the agency can be consolidated with the programs of other
4.2state agencies;
4.3(8) the promptness and effectiveness with which the agency addresses complaints
4.4concerning entities or other persons affected by the agency, including an assessment of the
4.5agency's administrative hearings process;
4.6(9) an assessment of the agency's rulemaking process and the extent to which the
4.7agency has encouraged participation by the public in making its rules and decisions and
4.8the extent to which the public participation has resulted in rules that benefit the public;
4.9(10) the extent to which the agency has complied with federal and state laws and
4.10applicable rules regarding equality of employment opportunity and the rights and privacy
4.11of individuals; and state law and applicable rules of any state agency regarding purchasing
4.12guidelines and programs for historically underutilized businesses;
4.13(11) the extent to which the agency issues and enforces rules relating to potential
4.14conflicts of interest of its employees;
4.15(12) the extent to which the agency complies with chapter 13 and follows records
4.16management practices that enable the agency to respond efficiently to requests for public
4.17information; and
4.18(13) the effect of federal intervention or loss of federal funds if the agency is
4.19abolished.
4.20 Sec. 9. [3D.11] RECOMMENDATIONS.
4.21(a) In its report on a state agency, the commission shall:
4.22(1) make recommendations on the abolition, continuation, or reorganization of each
4.23affected state agency and its advisory committees and on the need for the performance of
4.24the functions of the agency and its advisory committees;
4.25(2) make recommendations on the elimination of rules and related statutory authority;
4.26(3) make recommendations on the consolidation, transfer, or reorganization of
4.27programs and rules within state agencies not under review when the programs and rules
4.28duplicate functions performed in agencies under review; and
4.29(4) make recommendations to improve the operations of the agency, its policy body,
4.30and its advisory committees, including management recommendations that do not require
4.31a change in the agency's enabling statute.
4.32(b) The commission shall include the estimated fiscal impact of its recommendations
4.33and may recommend appropriation levels for certain programs to improve the operations
4.34of the state agency.
5.1(c) The commission shall have drafts of legislation prepared to carry out the
5.2commission's recommendations under this section.
5.3(d) After the legislature acts on the report under section 3D.09, the commission shall
5.4present to the legislative auditor the commission's recommendations that do not require
5.5a statutory change to be put into effect. Subject to the legislative audit commission's
5.6approval, the legislative auditor may examine the recommendations and include as part
5.7of the next audit of the agency a report on whether the agency has implemented the
5.8recommendations and, if so, in what manner.
5.9 Sec. 10. [3D.12] MONITORING OF RECOMMENDATIONS.
5.10During each legislative session, the staff of the commission shall monitor legislation
5.11affecting agencies that have undergone sunset review and shall periodically report
5.12to the members of the commission on proposed changes which would modify prior
5.13recommendations of the commission.
5.14 Sec. 11. [3D.13] REVIEW OF ADVISORY COMMITTEES.
5.15An advisory committee, the primary function of which is to advise a particular state
5.16agency, is subject to sunset review on the date set for sunset review of the agency unless
5.17the advisory committee is expressly continued by law.
5.18 Sec. 12. [3D.14] CONTINUATION BY LAW.
5.19During the regular session immediately before the sunset review of a state agency or
5.20an advisory committee that is subject to this chapter, the legislature may enact legislation
5.21to continue the agency, its rules, or advisory committee for a period not to exceed 12
5.22years. This chapter does not prohibit the legislature from:
5.23(1) terminating a state agency or advisory committee subject to this chapter at a date
5.24earlier than that provided in this chapter;
5.25(2) eliminating its rules and related statutory authority at a date earlier than that
5.26provided in this chapter; or
5.27(3) considering any other legislation relative to a state agency or advisory committee
5.28subject to this chapter.
5.29 Sec. 13. [3D.15] PROCEDURE AFTER TERMINATION.
5.30 Subdivision 1. Termination. Unless otherwise provided by law:
5.31(1) if after sunset review a state agency is abolished, the agency may continue in
5.32existence until September 1 of the following year to conclude its business;
6.1(2) abolishment does not reduce or otherwise limit the powers and authority of the
6.2state agency during the concluding year;
6.3(3) a state agency is terminated and shall cease all activities at the expiration of
6.4the one-year period; and
6.5(4) all rules that have been adopted by the state agency expire at the expiration of
6.6the one-year period.
6.7 Subd. 2. Funds of abolished agency or advisory committee. (a) Any unobligated
6.8and unexpended appropriations of an abolished agency or advisory committee lapse on
6.9September 1 of the even-numbered year after abolishment.
6.10(b) Except as provided by subdivision 4 or as otherwise provided by law, all money
6.11in a dedicated fund of an abolished state agency or advisory committee on September 1 of
6.12the even-numbered year after abolishment is transferred to the general fund. The part of
6.13the law dedicating the money to a specific fund of an abolished agency becomes void on
6.14September 1 of the even-numbered year after abolishment.
6.15 Subd. 3. Property and records of abolished agency or advisory committee.
6.16 Unless the governor designates an appropriate state agency as prescribed by subdivision 4,
6.17property and records in the custody of an abolished state agency or advisory committee
6.18on September 1 of the even-numbered year after abolishment must be transferred to the
6.19commissioner of administration. If the governor designates an appropriate state agency,
6.20the property and records must be transferred to the designated state agency.
6.21 Subd. 4. Continuing obligations. (a) The legislature recognizes the state's
6.22continuing obligation to pay bonded indebtedness and all other obligations, including
6.23lease, contract, and other written obligations, incurred by a state agency or advisory
6.24committee abolished under this chapter, and this chapter does not impair or impede the
6.25payment of bonded indebtedness and all other obligations, including lease, contract, and
6.26other written obligations, in accordance with their terms. If an abolished state agency or
6.27advisory committee has outstanding bonded indebtedness or other outstanding obligations,
6.28including lease, contract, and other written obligations, the bonds and all other obligations,
6.29including lease, contract, and other written obligations, remain valid and enforceable in
6.30accordance with their terms and subject to all applicable terms and conditions of the laws
6.31and proceedings authorizing the bonds and all other obligations, including lease, contract,
6.32and other written obligations.
6.33(b) The governor shall designate an appropriate state agency that shall continue to
6.34carry out all covenants contained in the bonds and in all other obligations, including lease,
6.35contract, and other written obligations, and the proceedings authorizing them, including
6.36the issuance of bonds, and the performance of all other obligations, including lease,
7.1contract, and other written obligations, to complete the construction of projects or the
7.2performance of other obligations, including lease, contract, and other written obligations.
7.3(c) The designated state agency shall provide payment from the sources of payment
7.4of the bonds in accordance with the terms of the bonds and shall provide payment from
7.5the sources of payment of all other obligations, including lease, contract, and other written
7.6obligations, in accordance with their terms, whether from taxes, revenues, or otherwise,
7.7until the bonds and interest on the bonds are paid in full and all other obligations,
7.8including lease, contract, and other written obligations, are performed and paid in full.
7.9If the proceedings so provide, all funds established by laws or proceedings authorizing
7.10the bonds or authorizing other obligations, including lease, contract, and other written
7.11obligations, must remain with the comptroller or the previously designated trustees. If the
7.12proceedings do not provide that the funds remain with the comptroller or the previously
7.13designated trustees, the funds must be transferred to the designated state agency.
7.14 Sec. 14. [3D.16] ASSISTANCE OF AND ACCESS TO STATE AGENCIES.
7.15The commission may request the assistance of state agencies and officers. When
7.16assistance is requested, a state agency or officer shall assist the commission. In carrying
7.17out its functions under this chapter, the commission or its designated staff member may
7.18inspect the records, documents, and files of any state agency.
7.19 Sec. 15. [3D.17] RELOCATION OF EMPLOYEES.
7.20If an employee is displaced because a state agency or its advisory committee is
7.21abolished or reorganized, the state agency shall make a reasonable effort to relocate the
7.22displaced employee.
7.23 Sec. 16. [3D.18] SAVING PROVISION.
7.24Except as otherwise expressly provided, abolition of a state agency does not affect
7.25rights and duties that matured, penalties that were incurred, civil or criminal liabilities that
7.26arose, or proceedings that were begun before the effective date of the abolition.
7.27 Sec. 17. [3D.19] REVIEW OF PROPOSED LEGISLATION CREATING AN
7.28AGENCY OR GRANTING NEW RULEMAKING AUTHORITY.
7.29Each bill filed in a house of the legislature that would create a new state agency or
7.30a new advisory committee to a state agency, or that grants new rulemaking authority to
7.31an agency, shall be reviewed by the commission. The commission shall review the bill
7.32to determine if:
8.1(1) the proposed functions of the agency or committee could be administered by one
8.2or more existing state agencies or advisory committees;
8.3(2) the form of regulation, if any, proposed by the bill is the least restrictive form of
8.4regulation that will adequately protect the public;
8.5(3) the bill provides for adequate public input regarding any regulatory function
8.6proposed by the bill; and
8.7(4) the bill provides for adequate protection against conflicts of interest within
8.8the agency or committee.
8.9 Sec. 18. [3D.20] GIFTS AND GRANTS.
8.10The commission may accept gifts, grants, and donations from any organization
8.11described in section 501(c)(3) of the Internal Revenue Code for the purpose of funding
8.12any activity under this chapter. All gifts, grants, and donations must be accepted in an
8.13open meeting by a majority of the voting members of the commission and reported in the
8.14public record of the commission with the name of the donor and purpose of the gift, grant,
8.15or donation. Money received under this section is appropriated to the commission.
8.16 Sec. 19. [3D.21] SCHEDULE FOR SUNSET REVIEW.
8.17 Subdivision 1. Group 1. The following agencies are subject to sunset review before
8.18June 30, 2012: Department of Health, Department of Human Rights, Department of
8.19Human Services, all health-related licensing boards listed in section 214.01, Council
8.20on Affairs of Chicano/Latino People, Council on Black Minnesotans, Council on
8.21Asian-Pacific Minnesotans, Indian Affairs Council, Council on Disabilities, and all
8.22advisory groups associated with these agencies.
8.23 Subd. 2. Group 2. The following agencies are subject to sunset review before June
8.2430, 2014: Department of Education, Board of Teaching, Minnesota Office of Higher
8.25Education, and all advisory groups associated with these agencies.
8.26 Subd. 3. Group 3. The following agencies are subject to sunset review before
8.27June 30, 2016: Department of Commerce, Department of Employment and Economic
8.28Development, Department of Labor and Industry, all non-health-related licensing boards
8.29listed in section 214.01 except as otherwise provided in this section, Explore Minnesota
8.30Tourism, Public Utilities Commission, Iron Range Resources and Rehabilitation
8.31Board, Bureau of Mediation Services, Combative Sports Commission, Amateur Sports
8.32Commission, and all advisory groups associated with these agencies.
8.33 Subd. 4. Group 4. The following agencies are subject to sunset review before
8.34June 30, 2018: Department of Corrections, Department of Public Safety, Department of
9.1Transportation, Peace Officer Standards and Training Board, Corrections Ombudsman,
9.2and all advisory groups associated with these agencies.
9.3 Subd. 5. Group 5. The following agencies are subject to sunset review before June
9.430, 2020: Department of Agriculture, Department of Natural Resources, Pollution Control
9.5Agency, Board of Animal Health, Board of Water and Soil Resources, and all advisory
9.6groups associated with these agencies.
9.7 Subd. 6. Group 6. The following agencies are subject to sunset review before
9.8June 30, 2022: Department of Administration, Department of Management and Budget,
9.9Department of Military Affairs, Department of Revenue, Department of Veterans Affairs,
9.10Arts Board, Minnesota Zoo, Office of Administrative Hearings, Board of Campaign
9.11Finance and Public Disclosure, Capitol Area Architectural and Planning Board, Office
9.12of Enterprise Technology, Minnesota Racing Commission, and all advisory groups
9.13associated with these agencies.
9.14 Subd. 7. Continuation. Following sunset review of an agency, the legislature
9.15shall act within the same legislative session in which the sunset report was received on
9.16the Sunset Advisory Commission recommendations to abolish, continue, or reorganize
9.17the agency.
9.18 Subd. 8. Other groups. The commission may review, under the criteria in
9.19section 3D.10, and propose to the legislature an expiration date for, any agency, board,
9.20commission, or program not listed in this section.
