Bill Text: MN SF359 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Minnesota Sunset Act
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2011-02-17 - Referred to State Government Innovation and Veterans [SF359 Detail]
Download: Minnesota-2011-SF359-Introduced.html
1.2relating to state government; creating the Sunset Advisory Commission;
1.3providing for sunset and review of state agencies;proposing coding for new
1.4law 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.
1.17 Subdivision 1. Membership. The Sunset Advisory Commission consists of 12
1.18members appointed by the governor, as follows:
1.19(1) three senators and three members of the house of representatives, with no more
1.20than three of the six legislators being from the same political party; and
1.21(2) six public members, including members with executive-level experience in
1.22business management, mergers and consolidation, finance, law, and accounting.
2.1 Subd. 2. Public member restrictions. An individual is not eligible for appointment
2.2as a public member if the individual or the individual's spouse is:
2.3(1) regulated by a state agency that the commission will review during the term for
2.4which the individual would serve;
2.5(2) employed by, participates in the management of, or directly or indirectly has
2.6more than a ten percent interest in a business entity or other organization regulated by a
2.7state agency the commission will review during the term for which the individual would
2.8serve; or
2.9(3) required to register as a lobbyist under chapter 10A because of the person's
2.10activities for compensation on behalf of a profession or entity related to the operation of
2.11an agency under review.
2.12 Subd. 3. Removal. It is a ground for removal of a public member from the
2.13commission if the member does not have the qualifications required by subdivision 2
2.14for appointment to the commission at the time of appointment or does not maintain the
2.15qualifications while serving on the commission. The validity of the commission's action is
2.16not affected by the fact that it was taken when a ground for removal of a public member
2.17from the commission existed.
2.18 Subd. 4. Terms. Legislative members serve two-year terms expiring September 1 of
2.19each odd-numbered year. Public members serve two-year terms expiring September 1 of
2.20each odd-numbered year.
2.21 Subd. 5. Limits. Members are subject to the following restrictions:
2.22(1) after an individual serves four years on the commission, the individual is not
2.23eligible for appointment to another term or part of a term;
2.24(2) a legislative member who serves a full term may not be appointed to an
2.25immediately succeeding term; and
2.26(3) a public member may not serve consecutive terms, and, for purposes of this
2.27prohibition, a member is considered to have served a term only if the member has served
2.28more than one-half of the term.
2.29 Subd. 6. Appointments. The governor shall make appointments before September
2.301 of each odd-numbered year.
2.31 Subd. 7. Legislative members. If a legislative member ceases to be a member
2.32of the legislative body from which the member was appointed, the member vacates
2.33membership on the commission.
2.34 Subd. 8. Vacancies. If a vacancy occurs, the governor shall appoint a person to serve
2.35for the remainder of the unexpired term in the same manner as the original appointment.
3.1 Subd. 9. Officers. The commission shall have a chair and vice-chair as presiding
3.2officers. The chair and vice-chair must alternate every two years between the two
3.3membership groups: legislators and public members. The chair and vice-chair may not be
3.4from the same membership group.
3.5 Subd. 10. Quorum; voting. Seven members of the commission constitute a
3.6quorum. A final action or recommendation may not be made unless approved by a
3.7recorded vote of at least seven members. All other actions by the commission shall be
3.8decided by a majority of the members present and voting.
3.9 Subd. 11. Compensation. Each member of the commission is entitled to
3.10reimbursement for actual and necessary expenses incurred in performing commission
3.11duties. Each legislative member is entitled to reimbursement from the appropriate
3.12fund of the member's respective legislative body. Each public member is entitled to
3.13reimbursement from funds appropriated to the commission.
3.14 Sec. 4. [3D.04] STAFF.
3.15The commission shall employ an executive director to act as the executive head of
3.16the commission. The executive director shall employ persons necessary to carry out
3.17this chapter.
3.18 Sec. 5. [3D.05] RULES.
3.19The commission shall adopt rules necessary to carry out this chapter.
3.20 Sec. 6. [3D.06] AGENCY REPORT TO COMMISSION.
3.21Before September 1 of the odd-numbered year before the year in which a state agency
3.22is subject to sunset review, the agency commissioner shall report to the commission:
3.23(1) information regarding the application to the agency of the criteria in section
3.243D.10;
3.25(2) a priority-based budget for the agency;
3.26(3) an inventory of all boards, commissions, committees, and other entities related
3.27to the agency; and
3.28(4) any other information that the agency commissioner considers appropriate or that
3.29is requested by the commission.
3.30 Sec. 7. [3D.07] COMMISSION DUTIES.
3.31Before January 1 of the year in which a state agency subject to this chapter and its
3.32advisory committees are subject to sunset review, the commission shall:
4.1(1) review and take action necessary to verify the reports submitted by the agency;
4.2(2) conduct a review of the agency based on the criteria provided in section 3D.10
4.3and prepare a written report; and
4.4(3) review the implementation of commission recommendations contained in the
4.5reports presented to the legislature during the preceding legislative session and the
4.6resulting legislation.
4.7 Sec. 8. [3D.08] PUBLIC HEARINGS.
4.8Before February 1 of the year a state agency subject to this chapter and its advisory
4.9committees are subject to sunset review, the commission shall conduct public hearings
4.10concerning but not limited to the application to the agency of the criteria provided in
4.11section 3D.10.
4.12 Sec. 9. [3D.09] COMMISSION REPORT.
4.13At each regular legislative session, the commission shall present to the legislature
4.14and the governor a report on the agencies and advisory committees reviewed. In the
4.15report the commission shall include:
4.16(1) its findings regarding the criteria prescribed by section 3D.10;
4.17(2) its recommendations based on the matters prescribed by section 3D.11; and
4.18(3) other information the commission considers necessary for a complete review
4.19of the agency.
4.20 Sec. 10. [3D.10] CRITERIA FOR REVIEW.
4.21The commission and its staff shall consider the following criteria in determining
4.22whether a public need exists for the continuation of a state agency or its advisory
4.23committees or for the performance of the functions of the agency or its advisory
4.24committees:
4.25(1) the efficiency and effectiveness with which the agency or the advisory committee
4.26operates;
4.27(2) an identification of the mission, goals, and objectives intended for the agency or
4.28advisory committee and of the problem or need that the agency or advisory committee
4.29was intended to address and the extent to which the mission, goals, and objectives have
4.30been achieved and the problem or need has been addressed;
4.31(3) an identification of any activities of the agency in addition to those granted by
4.32statute and of the authority for those activities and the extent to which those activities
4.33are needed;
5.1(4) an assessment of authority of the agency relating to fees, inspections,
5.2enforcement, and penalties;
5.3(5) whether less restrictive or alternative methods of performing any function that
5.4the agency performs could adequately protect or provide service to the public;
5.5(6) the extent to which the jurisdiction of the agency and the programs administered
5.6by the agency overlap or duplicate those of other agencies, the extent to which the agency
5.7coordinates with those agencies, and the extent to which the programs administered by the
5.8agency can be consolidated with the programs of other state agencies;
5.9(7) the promptness and effectiveness with which the agency addresses complaints
5.10concerning entities or other persons affected by the agency, including an assessment of the
5.11agency's administrative hearings process;
5.12(8) an assessment of the agency's rulemaking process and the extent to which the
5.13agency has encouraged participation by the public in making its rules and decisions and
5.14the extent to which the public participation has resulted in rules that benefit the public;
5.15(9) the extent to which the agency has complied with federal and state laws and
5.16applicable rules regarding equality of employment opportunity and the rights and privacy
5.17of individuals; and state law and applicable rules of any state agency regarding purchasing
5.18guidelines and programs for historically underutilized businesses;
5.19(10) the extent to which the agency issues and enforces rules relating to potential
5.20conflicts of interest of its employees;
5.21(11) the extent to which the agency complies with chapter 13 and follows records
5.22management practices that enable the agency to respond efficiently to requests for public
5.23information; and
5.24(12) the effect of federal intervention or loss of federal funds if the agency is
5.25abolished.
5.26 Sec. 11. [3D.11] RECOMMENDATIONS.
5.27(a) In its report on a state agency, the commission shall:
5.28 (1) make recommendations on the abolition, continuation, or reorganization of each
5.29affected state agency and its advisory committees and on the need for the performance of
5.30the functions of the agency and its advisory committees;
5.31 (2) make recommendations on the consolidation, transfer, or reorganization of
5.32programs within state agencies not under review when the programs duplicate functions
5.33performed in agencies under review; and
6.1(3) make recommendations to improve the operations of the agency, its policy body,
6.2and its advisory committees, including management recommendations that do not require
6.3a change in the agency's enabling statute.
6.4 (b) The commission shall include the estimated fiscal impact of its recommendations
6.5and may recommend appropriation levels for certain programs to improve the operations
6.6of the state agency.
6.7(c) The commission shall have drafts of legislation prepared to carry out the
6.8commission's recommendations under this section.
6.9(d) After the legislature acts on the report under section 3D.09, the commission shall
6.10present to the legislative auditor the commission's recommendations that do not require
6.11a statutory change to be put into effect. Subject to the legislative audit commission's
6.12approval, the legislative auditor may examine the recommendations and include as part
6.13of the next audit of the agency a report on whether the agency has implemented the
6.14recommendations and, if so, in what manner.
6.15 Sec. 12. [3D.12] MONITORING OF RECOMMENDATIONS.
6.16During each legislative session, the staff of the commission shall monitor legislation
6.17affecting agencies that have undergone sunset review and shall periodically report
6.18to the members of the commission on proposed changes which would modify prior
6.19recommendations of the commission.
6.20 Sec. 13. [3D.13] REVIEW OF ADVISORY COMMITTEES.
6.21An advisory committee, the primary function of which is to advise a particular state
6.22agency, is subject to sunset review on the date set for sunset review of the agency unless
6.23the advisory committee is expressly continued by law.
6.24 Sec. 14. [3D.14] CONTINUATION BY LAW.
6.25During the regular session immediately before the sunset review of a state agency or
6.26an advisory committee that is subject to this chapter, the legislature may enact legislation
6.27to continue the agency or advisory committee for a period not to exceed 12 years. This
6.28chapter does not prohibit the legislature from:
6.29(1) terminating a state agency or advisory committee subject to this chapter at a date
6.30earlier than that provided in this chapter; or
6.31(2) considering any other legislation relative to a state agency or advisory committee
6.32subject to this chapter.
7.1 Sec. 15. [3D.15] PROCEDURE AFTER TERMINATION.
7.2 Subdivision 1. Termination. Unless otherwise provided by law:
7.3(1) if after sunset review a state agency is abolished, the agency may continue in
7.4existence until September 1 of the following year to conclude its business;
7.5(2) abolishment does not reduce or otherwise limit the powers and authority of the
7.6state agency during the concluding year;
7.7(3) a state agency is terminated and shall cease all activities at the expiration of
7.8the one-year period; and
7.9(4) all rules that have been adopted by the state agency expire at the expiration of
7.10the one-year period.
7.11 Subd. 2. Funds of abolished agency or advisory committee. (a) Any unobligated
7.12and unexpended appropriations of an abolished agency or advisory committee lapse on
7.13September 1 of the even-numbered year after abolishment.
7.14(b) Except as provided by subdivision 4 or as otherwise provided by law, all money
7.15in a dedicated fund of an abolished state agency or advisory committee on September 1 of
7.16the even-numbered year after abolishment is transferred to the general fund. The part of
7.17the law dedicating the money to a specific fund of an abolished agency becomes void on
7.18September 1 of the even-numbered year after abolishment.
7.19 Subd. 3. Property and records of abolished agency or advisory committee.
7.20 Unless the governor designates an appropriate state agency as prescribed by subdivision 4,
7.21property and records in the custody of an abolished state agency or advisory committee
7.22on September 1 of the even-numbered year after abolishment must be transferred to the
7.23commissioner of administration. If the governor designates an appropriate state agency,
7.24the property and records must be transferred to the designated state agency.
7.25 Subd. 4. Continuing obligations. (a) The legislature recognizes the state's
7.26continuing obligation to pay bonded indebtedness and all other obligations, including
7.27lease, contract, and other written obligations, incurred by a state agency or advisory
7.28committee abolished under this chapter, and this chapter does not impair or impede the
7.29payment of bonded indebtedness and all other obligations, including lease, contract, and
7.30other written obligations, in accordance with their terms. If an abolished state agency or
7.31advisory committee has outstanding bonded indebtedness or other outstanding obligations,
7.32including lease, contract, and other written obligations, the bonds and all other obligations,
7.33including lease, contract, and other written obligations, remain valid and enforceable in
7.34accordance with their terms and subject to all applicable terms and conditions of the laws
7.35and proceedings authorizing the bonds and all other obligations, including lease, contract,
7.36and other written obligations.
8.1(b) The governor shall designate an appropriate state agency that shall continue to
8.2carry out all covenants contained in the bonds and in all other obligations, including lease,
8.3contract, and other written obligations, and the proceedings authorizing them, including
8.4the issuance of bonds, and the performance of all other obligations, including lease,
8.5contract, and other written obligations, to complete the construction of projects or the
8.6performance of other obligations, including lease, contract, and other written obligations.
8.7(c) The designated state agency shall provide payment from the sources of payment
8.8of the bonds in accordance with the terms of the bonds and shall provide payment from
8.9the sources of payment of all other obligations, including lease, contract, and other written
8.10obligations, in accordance with their terms, whether from taxes, revenues, or otherwise,
8.11until the bonds and interest on the bonds are paid in full and all other obligations,
8.12including lease, contract, and other written obligations, are performed and paid in full.
8.13If the proceedings so provide, all funds established by laws or proceedings authorizing
8.14the bonds or authorizing other obligations, including lease, contract, and other written
8.15obligations, must remain with the comptroller or the previously designated trustees. If the
8.16proceedings do not provide that the funds remain with the comptroller or the previously
8.17designated trustees, the funds must be transferred to the designated state agency.
8.18 Sec. 16. [3D.16] ASSISTANCE OF AND ACCESS TO STATE AGENCIES.
8.19The commission may request the assistance of state agencies and officers. When
8.20assistance is requested, a state agency or officer shall assist the commission. In carrying
8.21out its functions under this chapter, the commission or its designated staff member may
8.22inspect the records, documents, and files of any state agency.
8.23 Sec. 17. [3D.17] RELOCATION OF EMPLOYEES.
8.24If an employee is displaced because a state agency or its advisory committee is
8.25abolished or reorganized, the state agency shall make a reasonable effort to relocate the
8.26displaced employee.
8.27 Sec. 18. [3D.18] SAVING PROVISION.
8.28Except as otherwise expressly provided, abolition of a state agency does not affect
8.29rights and duties that matured, penalties that were incurred, civil or criminal liabilities that
8.30arose, or proceedings that were begun before the effective date of the abolition.
8.31 Sec. 19. [3D.19] REVIEW OF PROPOSED LEGISLATION CREATING AN
8.32AGENCY.
9.1Each bill filed in a house of the legislature that would create a new state agency or
9.2a new advisory committee to a state agency shall be reviewed by the commission. The
9.3commission shall review the bill to determine if:
9.4(1) the proposed functions of the agency or committee could be administered by one
9.5or more existing state agencies or advisory committees;
9.6(2) the form of regulation, if any, proposed by the bill is the least restrictive form of
9.7regulation that will adequately protect the public;
9.8(3) the bill provides for adequate public input regarding any regulatory function
9.9proposed by the bill; and
9.10(4) the bill provides for adequate protection against conflicts of interest within
9.11the agency or committee.
9.12 Sec. 20. [3D.20] GIFTS AND GRANTS.
9.13The commission may accept gifts, grants, and donations from any organization
9.14described in section 501(c)(3) of the Internal Revenue Code for the purpose of funding
9.15any activity under this chapter. All gifts, grants, and donations must be accepted in an
9.16open meeting by a majority of the voting members of the commission and reported in the
9.17public record of the commission with the name of the donor and purpose of the gift, grant,
9.18or donation. Money received under this section is appropriated to the commission.
9.19 Sec. 21. [3D.21] SCHEDULE FOR SUNSET REVIEW.
9.20 Subdivision 1. Group 1. The following agencies are subject to sunset review before
9.21June 30, 2012: Department of Health, Department of Human Rights, Department of
9.22Human Services, all health-related licensing boards listed in section 214.01, Council
9.23on Affairs of Chicano/Latino People, Council on Black Minnesotans, Council on
9.24Asian-Pacific Minnesotans, Indian Affairs Council, Council on Disabilities, and all
9.25advisory groups associated with these agencies.
9.26 Subd. 2. Group 2. The following agencies are subject to sunset review before June
9.2730, 2014: Department of Education, Board of Teaching, Minnesota Office of Higher
9.28Education, and all advisory groups associated with these agencies.
9.29 Subd. 3. Group 3. The following agencies are subject to sunset review before
9.30June 30, 2016: Department of Commerce, Department of Employment and Economic
9.31Development, Department of Labor and Industry, all non-health-related licensing boards
9.32listed in section 214.01 except as otherwise provided in this section, Explore Minnesota
9.33Tourism, Public Utilities Commission, Iron Range Resources and Rehabilitation
10.1Board, Bureau of Mediation Services, Combative Sports Commission, Amateur Sports
10.2Commission, and all advisory groups associated with these agencies.
10.3 Subd. 4. Group 4. The following agencies are subject to sunset review before
10.4June 30, 2018: Department of Corrections, Department of Public Safety, Department of
10.5Transportation, Peace Officer Standards and Training Board, Corrections Ombudsman,
10.6and all advisory groups associated with these agencies.
10.7 Subd. 5. Group 5. The following agencies are subject to sunset review before June
10.830, 2020: Department of Agriculture, Department of Natural Resources, Pollution Control
10.9Agency, Board of Animal Health, Board of Water and Soil Resources, and all advisory
10.10groups associated with these agencies.
10.11 Subd. 6. Group 6. The following agencies are subject to sunset review before
10.12June 30, 2022: Department of Administration, Department of Management and Budget,
10.13Department of Military Affairs, Department of Revenue, Department of Veterans Affairs,
10.14Arts Board, Minnesota Zoo, Office of Administrative Hearings, Board of Campaign
10.15Finance and Public Disclosure, Capitol Area Architectural and Planning Board, Office
10.16of Enterprise Technology, Minnesota Racing Commission, and all advisory groups
10.17associated with these agencies.
10.18 Subd. 7. Continuation. Following sunset review of an agency, the legislature
10.19shall act within the same legislative session in which the sunset report was received on
10.20the Sunset Advisory Commission recommendations to abolish, continue, or reorganize
10.21the agency.
10.22 Subd. 8. Other groups. The commission may review, under the criteria in
10.23section 3D.10, and propose to the legislature an expiration date for, any agency, board,
10.24commission, or program not listed in this section.
1.3providing for sunset and review of state agencies;proposing coding for new
1.4law 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.
1.17 Subdivision 1. Membership. The Sunset Advisory Commission consists of 12
1.18members appointed by the governor, as follows:
1.19(1) three senators and three members of the house of representatives, with no more
1.20than three of the six legislators being from the same political party; and
1.21(2) six public members, including members with executive-level experience in
1.22business management, mergers and consolidation, finance, law, and accounting.
2.1 Subd. 2. Public member restrictions. An individual is not eligible for appointment
2.2as a public member if the individual or the individual's spouse is:
2.3(1) regulated by a state agency that the commission will review during the term for
2.4which the individual would serve;
2.5(2) employed by, participates in the management of, or directly or indirectly has
2.6more than a ten percent interest in a business entity or other organization regulated by a
2.7state agency the commission will review during the term for which the individual would
2.8serve; or
2.9(3) required to register as a lobbyist under chapter 10A because of the person's
2.10activities for compensation on behalf of a profession or entity related to the operation of
2.11an agency under review.
2.12 Subd. 3. Removal. It is a ground for removal of a public member from the
2.13commission if the member does not have the qualifications required by subdivision 2
2.14for appointment to the commission at the time of appointment or does not maintain the
2.15qualifications while serving on the commission. The validity of the commission's action is
2.16not affected by the fact that it was taken when a ground for removal of a public member
2.17from the commission existed.
2.18 Subd. 4. Terms. Legislative members serve two-year terms expiring September 1 of
2.19each odd-numbered year. Public members serve two-year terms expiring September 1 of
2.20each odd-numbered year.
2.21 Subd. 5. Limits. Members are subject to the following restrictions:
2.22(1) after an individual serves four years on the commission, the individual is not
2.23eligible for appointment to another term or part of a term;
2.24(2) a legislative member who serves a full term may not be appointed to an
2.25immediately succeeding term; and
2.26(3) a public member may not serve consecutive terms, and, for purposes of this
2.27prohibition, a member is considered to have served a term only if the member has served
2.28more than one-half of the term.
2.29 Subd. 6. Appointments. The governor shall make appointments before September
2.301 of each odd-numbered year.
2.31 Subd. 7. Legislative members. If a legislative member ceases to be a member
2.32of the legislative body from which the member was appointed, the member vacates
2.33membership on the commission.
2.34 Subd. 8. Vacancies. If a vacancy occurs, the governor shall appoint a person to serve
2.35for the remainder of the unexpired term in the same manner as the original appointment.
3.1 Subd. 9. Officers. The commission shall have a chair and vice-chair as presiding
3.2officers. The chair and vice-chair must alternate every two years between the two
3.3membership groups: legislators and public members. The chair and vice-chair may not be
3.4from the same membership group.
3.5 Subd. 10. Quorum; voting. Seven members of the commission constitute a
3.6quorum. A final action or recommendation may not be made unless approved by a
3.7recorded vote of at least seven members. All other actions by the commission shall be
3.8decided by a majority of the members present and voting.
3.9 Subd. 11. Compensation. Each member of the commission is entitled to
3.10reimbursement for actual and necessary expenses incurred in performing commission
3.11duties. Each legislative member is entitled to reimbursement from the appropriate
3.12fund of the member's respective legislative body. Each public member is entitled to
3.13reimbursement from funds appropriated to the commission.
3.14 Sec. 4. [3D.04] STAFF.
3.15The commission shall employ an executive director to act as the executive head of
3.16the commission. The executive director shall employ persons necessary to carry out
3.17this chapter.
3.18 Sec. 5. [3D.05] RULES.
3.19The commission shall adopt rules necessary to carry out this chapter.
3.20 Sec. 6. [3D.06] AGENCY REPORT TO COMMISSION.
3.21Before September 1 of the odd-numbered year before the year in which a state agency
3.22is subject to sunset review, the agency commissioner shall report to the commission:
3.23(1) information regarding the application to the agency of the criteria in section
3.243D.10;
3.25(2) a priority-based budget for the agency;
3.26(3) an inventory of all boards, commissions, committees, and other entities related
3.27to the agency; and
3.28(4) any other information that the agency commissioner considers appropriate or that
3.29is requested by the commission.
3.30 Sec. 7. [3D.07] COMMISSION DUTIES.
3.31Before January 1 of the year in which a state agency subject to this chapter and its
3.32advisory committees are subject to sunset review, the commission shall:
4.1(1) review and take action necessary to verify the reports submitted by the agency;
4.2(2) conduct a review of the agency based on the criteria provided in section 3D.10
4.3and prepare a written report; and
4.4(3) review the implementation of commission recommendations contained in the
4.5reports presented to the legislature during the preceding legislative session and the
4.6resulting legislation.
4.7 Sec. 8. [3D.08] PUBLIC HEARINGS.
4.8Before February 1 of the year a state agency subject to this chapter and its advisory
4.9committees are subject to sunset review, the commission shall conduct public hearings
4.10concerning but not limited to the application to the agency of the criteria provided in
4.11section 3D.10.
4.12 Sec. 9. [3D.09] COMMISSION REPORT.
4.13At each regular legislative session, the commission shall present to the legislature
4.14and the governor a report on the agencies and advisory committees reviewed. In the
4.15report the commission shall include:
4.16(1) its findings regarding the criteria prescribed by section 3D.10;
4.17(2) its recommendations based on the matters prescribed by section 3D.11; and
4.18(3) other information the commission considers necessary for a complete review
4.19of the agency.
4.20 Sec. 10. [3D.10] CRITERIA FOR REVIEW.
4.21The commission and its staff shall consider the following criteria in determining
4.22whether a public need exists for the continuation of a state agency or its advisory
4.23committees or for the performance of the functions of the agency or its advisory
4.24committees:
4.25(1) the efficiency and effectiveness with which the agency or the advisory committee
4.26operates;
4.27(2) an identification of the mission, goals, and objectives intended for the agency or
4.28advisory committee and of the problem or need that the agency or advisory committee
4.29was intended to address and the extent to which the mission, goals, and objectives have
4.30been achieved and the problem or need has been addressed;
4.31(3) an identification of any activities of the agency in addition to those granted by
4.32statute and of the authority for those activities and the extent to which those activities
4.33are needed;
5.1(4) an assessment of authority of the agency relating to fees, inspections,
5.2enforcement, and penalties;
5.3(5) whether less restrictive or alternative methods of performing any function that
5.4the agency performs could adequately protect or provide service to the public;
5.5(6) the extent to which the jurisdiction of the agency and the programs administered
5.6by the agency overlap or duplicate those of other agencies, the extent to which the agency
5.7coordinates with those agencies, and the extent to which the programs administered by the
5.8agency can be consolidated with the programs of other state agencies;
5.9(7) the promptness and effectiveness with which the agency addresses complaints
5.10concerning entities or other persons affected by the agency, including an assessment of the
5.11agency's administrative hearings process;
5.12(8) an assessment of the agency's rulemaking process and the extent to which the
5.13agency has encouraged participation by the public in making its rules and decisions and
5.14the extent to which the public participation has resulted in rules that benefit the public;
5.15(9) the extent to which the agency has complied with federal and state laws and
5.16applicable rules regarding equality of employment opportunity and the rights and privacy
5.17of individuals; and state law and applicable rules of any state agency regarding purchasing
5.18guidelines and programs for historically underutilized businesses;
5.19(10) the extent to which the agency issues and enforces rules relating to potential
5.20conflicts of interest of its employees;
5.21(11) the extent to which the agency complies with chapter 13 and follows records
5.22management practices that enable the agency to respond efficiently to requests for public
5.23information; and
5.24(12) the effect of federal intervention or loss of federal funds if the agency is
5.25abolished.
5.26 Sec. 11. [3D.11] RECOMMENDATIONS.
5.27(a) In its report on a state agency, the commission shall:
5.28 (1) make recommendations on the abolition, continuation, or reorganization of each
5.29affected state agency and its advisory committees and on the need for the performance of
5.30the functions of the agency and its advisory committees;
5.31 (2) make recommendations on the consolidation, transfer, or reorganization of
5.32programs within state agencies not under review when the programs duplicate functions
5.33performed in agencies under review; and
6.1(3) make recommendations to improve the operations of the agency, its policy body,
6.2and its advisory committees, including management recommendations that do not require
6.3a change in the agency's enabling statute.
6.4 (b) The commission shall include the estimated fiscal impact of its recommendations
6.5and may recommend appropriation levels for certain programs to improve the operations
6.6of the state agency.
6.7(c) The commission shall have drafts of legislation prepared to carry out the
6.8commission's recommendations under this section.
6.9(d) After the legislature acts on the report under section 3D.09, the commission shall
6.10present to the legislative auditor the commission's recommendations that do not require
6.11a statutory change to be put into effect. Subject to the legislative audit commission's
6.12approval, the legislative auditor may examine the recommendations and include as part
6.13of the next audit of the agency a report on whether the agency has implemented the
6.14recommendations and, if so, in what manner.
6.15 Sec. 12. [3D.12] MONITORING OF RECOMMENDATIONS.
6.16During each legislative session, the staff of the commission shall monitor legislation
6.17affecting agencies that have undergone sunset review and shall periodically report
6.18to the members of the commission on proposed changes which would modify prior
6.19recommendations of the commission.
6.20 Sec. 13. [3D.13] REVIEW OF ADVISORY COMMITTEES.
6.21An advisory committee, the primary function of which is to advise a particular state
6.22agency, is subject to sunset review on the date set for sunset review of the agency unless
6.23the advisory committee is expressly continued by law.
6.24 Sec. 14. [3D.14] CONTINUATION BY LAW.
6.25During the regular session immediately before the sunset review of a state agency or
6.26an advisory committee that is subject to this chapter, the legislature may enact legislation
6.27to continue the agency or advisory committee for a period not to exceed 12 years. This
6.28chapter does not prohibit the legislature from:
6.29(1) terminating a state agency or advisory committee subject to this chapter at a date
6.30earlier than that provided in this chapter; or
6.31(2) considering any other legislation relative to a state agency or advisory committee
6.32subject to this chapter.
7.1 Sec. 15. [3D.15] PROCEDURE AFTER TERMINATION.
7.2 Subdivision 1. Termination. Unless otherwise provided by law:
7.3(1) if after sunset review a state agency is abolished, the agency may continue in
7.4existence until September 1 of the following year to conclude its business;
7.5(2) abolishment does not reduce or otherwise limit the powers and authority of the
7.6state agency during the concluding year;
7.7(3) a state agency is terminated and shall cease all activities at the expiration of
7.8the one-year period; and
7.9(4) all rules that have been adopted by the state agency expire at the expiration of
7.10the one-year period.
7.11 Subd. 2. Funds of abolished agency or advisory committee. (a) Any unobligated
7.12and unexpended appropriations of an abolished agency or advisory committee lapse on
7.13September 1 of the even-numbered year after abolishment.
7.14(b) Except as provided by subdivision 4 or as otherwise provided by law, all money
7.15in a dedicated fund of an abolished state agency or advisory committee on September 1 of
7.16the even-numbered year after abolishment is transferred to the general fund. The part of
7.17the law dedicating the money to a specific fund of an abolished agency becomes void on
7.18September 1 of the even-numbered year after abolishment.
7.19 Subd. 3. Property and records of abolished agency or advisory committee.
7.20 Unless the governor designates an appropriate state agency as prescribed by subdivision 4,
7.21property and records in the custody of an abolished state agency or advisory committee
7.22on September 1 of the even-numbered year after abolishment must be transferred to the
7.23commissioner of administration. If the governor designates an appropriate state agency,
7.24the property and records must be transferred to the designated state agency.
7.25 Subd. 4. Continuing obligations. (a) The legislature recognizes the state's
7.26continuing obligation to pay bonded indebtedness and all other obligations, including
7.27lease, contract, and other written obligations, incurred by a state agency or advisory
7.28committee abolished under this chapter, and this chapter does not impair or impede the
7.29payment of bonded indebtedness and all other obligations, including lease, contract, and
7.30other written obligations, in accordance with their terms. If an abolished state agency or
7.31advisory committee has outstanding bonded indebtedness or other outstanding obligations,
7.32including lease, contract, and other written obligations, the bonds and all other obligations,
7.33including lease, contract, and other written obligations, remain valid and enforceable in
7.34accordance with their terms and subject to all applicable terms and conditions of the laws
7.35and proceedings authorizing the bonds and all other obligations, including lease, contract,
7.36and other written obligations.
8.1(b) The governor shall designate an appropriate state agency that shall continue to
8.2carry out all covenants contained in the bonds and in all other obligations, including lease,
8.3contract, and other written obligations, and the proceedings authorizing them, including
8.4the issuance of bonds, and the performance of all other obligations, including lease,
8.5contract, and other written obligations, to complete the construction of projects or the
8.6performance of other obligations, including lease, contract, and other written obligations.
8.7(c) The designated state agency shall provide payment from the sources of payment
8.8of the bonds in accordance with the terms of the bonds and shall provide payment from
8.9the sources of payment of all other obligations, including lease, contract, and other written
8.10obligations, in accordance with their terms, whether from taxes, revenues, or otherwise,
8.11until the bonds and interest on the bonds are paid in full and all other obligations,
8.12including lease, contract, and other written obligations, are performed and paid in full.
8.13If the proceedings so provide, all funds established by laws or proceedings authorizing
8.14the bonds or authorizing other obligations, including lease, contract, and other written
8.15obligations, must remain with the comptroller or the previously designated trustees. If the
8.16proceedings do not provide that the funds remain with the comptroller or the previously
8.17designated trustees, the funds must be transferred to the designated state agency.
8.18 Sec. 16. [3D.16] ASSISTANCE OF AND ACCESS TO STATE AGENCIES.
8.19The commission may request the assistance of state agencies and officers. When
8.20assistance is requested, a state agency or officer shall assist the commission. In carrying
8.21out its functions under this chapter, the commission or its designated staff member may
8.22inspect the records, documents, and files of any state agency.
8.23 Sec. 17. [3D.17] RELOCATION OF EMPLOYEES.
8.24If an employee is displaced because a state agency or its advisory committee is
8.25abolished or reorganized, the state agency shall make a reasonable effort to relocate the
8.26displaced employee.
8.27 Sec. 18. [3D.18] SAVING PROVISION.
8.28Except as otherwise expressly provided, abolition of a state agency does not affect
8.29rights and duties that matured, penalties that were incurred, civil or criminal liabilities that
8.30arose, or proceedings that were begun before the effective date of the abolition.
8.31 Sec. 19. [3D.19] REVIEW OF PROPOSED LEGISLATION CREATING AN
8.32AGENCY.
9.1Each bill filed in a house of the legislature that would create a new state agency or
9.2a new advisory committee to a state agency shall be reviewed by the commission. The
9.3commission shall review the bill to determine if:
9.4(1) the proposed functions of the agency or committee could be administered by one
9.5or more existing state agencies or advisory committees;
9.6(2) the form of regulation, if any, proposed by the bill is the least restrictive form of
9.7regulation that will adequately protect the public;
9.8(3) the bill provides for adequate public input regarding any regulatory function
9.9proposed by the bill; and
9.10(4) the bill provides for adequate protection against conflicts of interest within
9.11the agency or committee.
9.12 Sec. 20. [3D.20] GIFTS AND GRANTS.
9.13The commission may accept gifts, grants, and donations from any organization
9.14described in section 501(c)(3) of the Internal Revenue Code for the purpose of funding
9.15any activity under this chapter. All gifts, grants, and donations must be accepted in an
9.16open meeting by a majority of the voting members of the commission and reported in the
9.17public record of the commission with the name of the donor and purpose of the gift, grant,
9.18or donation. Money received under this section is appropriated to the commission.
9.19 Sec. 21. [3D.21] SCHEDULE FOR SUNSET REVIEW.
9.20 Subdivision 1. Group 1. The following agencies are subject to sunset review before
9.21June 30, 2012: Department of Health, Department of Human Rights, Department of
9.22Human Services, all health-related licensing boards listed in section 214.01, Council
9.23on Affairs of Chicano/Latino People, Council on Black Minnesotans, Council on
9.24Asian-Pacific Minnesotans, Indian Affairs Council, Council on Disabilities, and all
9.25advisory groups associated with these agencies.
9.26 Subd. 2. Group 2. The following agencies are subject to sunset review before June
9.2730, 2014: Department of Education, Board of Teaching, Minnesota Office of Higher
9.28Education, and all advisory groups associated with these agencies.
9.29 Subd. 3. Group 3. The following agencies are subject to sunset review before
9.30June 30, 2016: Department of Commerce, Department of Employment and Economic
9.31Development, Department of Labor and Industry, all non-health-related licensing boards
9.32listed in section 214.01 except as otherwise provided in this section, Explore Minnesota
9.33Tourism, Public Utilities Commission, Iron Range Resources and Rehabilitation
10.1Board, Bureau of Mediation Services, Combative Sports Commission, Amateur Sports
10.2Commission, and all advisory groups associated with these agencies.
10.3 Subd. 4. Group 4. The following agencies are subject to sunset review before
10.4June 30, 2018: Department of Corrections, Department of Public Safety, Department of
10.5Transportation, Peace Officer Standards and Training Board, Corrections Ombudsman,
10.6and all advisory groups associated with these agencies.
10.7 Subd. 5. Group 5. The following agencies are subject to sunset review before June
10.830, 2020: Department of Agriculture, Department of Natural Resources, Pollution Control
10.9Agency, Board of Animal Health, Board of Water and Soil Resources, and all advisory
10.10groups associated with these agencies.
10.11 Subd. 6. Group 6. The following agencies are subject to sunset review before
10.12June 30, 2022: Department of Administration, Department of Management and Budget,
10.13Department of Military Affairs, Department of Revenue, Department of Veterans Affairs,
10.14Arts Board, Minnesota Zoo, Office of Administrative Hearings, Board of Campaign
10.15Finance and Public Disclosure, Capitol Area Architectural and Planning Board, Office
10.16of Enterprise Technology, Minnesota Racing Commission, and all advisory groups
10.17associated with these agencies.
10.18 Subd. 7. Continuation. Following sunset review of an agency, the legislature
10.19shall act within the same legislative session in which the sunset report was received on
10.20the Sunset Advisory Commission recommendations to abolish, continue, or reorganize
10.21the agency.
10.22 Subd. 8. Other groups. The commission may review, under the criteria in
10.23section 3D.10, and propose to the legislature an expiration date for, any agency, board,
10.24commission, or program not listed in this section.
