HF 489

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

A bill for an act
relating to state government; providing for periodic sunset and evaluation of state
agencies; proposing coding for new law as Minnesota Statutes, chapter 10B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [10B.01] EXPIRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Group 1. new text end

new text begin The following agencies are abolished on June 30,
2011: Department of Health, Department of Human Rights, Department of Human
Services, all health-related licensing boards listed in section 214.01, Council on Affairs
of Chicano/Latino People, Council on Black Minnesotans, Council on Asian-Pacific
Minnesotans, Indian Affairs Council, Council on Disabilities, and all advisory groups
associated with these agencies.
new text end

new text begin Subd. 2. new text end

new text begin Group 2. new text end

new text begin The following agencies are abolished on June 30, 2013:
Department of Education, Board of Teaching, Higher Education Services Office, and all
advisory groups associated with these agencies.
new text end

new text begin Subd. 3. new text end

new text begin Group 3. new text end

new text begin The following agencies are abolished on June 30, 2015:
Department of Commerce, Department of Employment and Economic Development,
Department of Labor and Industry, all non-health-related licensing boards listed in
section 214.01 except as otherwise provided in this section, Explore Minnesota Tourism,
Public Utilities Commission, Iron Range Resources and Rehabilitation Board, Bureau of
Mediation Services, Combative Sports Commission, Amateur Sports Commission, and all
advisory groups associated with these agencies.
new text end

new text begin Subd. 4. new text end

new text begin Group 4. new text end

new text begin The following agencies are abolished on June 30, 2017:
Department of Corrections, Department of Public Safety, Department of Transportation,
Peace Officer Standards and Training Board, Corrections Ombudsman, and all advisory
groups associated with these agencies.
new text end

new text begin Subd. 5. new text end

new text begin Group 5. new text end

new text begin The following agencies are abolished on June 30, 2019:
Department of Agriculture, Department of Natural Resources, Pollution Control Agency,
Board of Animal Health, Board of Water and Soil Resources, and all advisory groups
associated with these agencies.
new text end

new text begin Subd. 6. new text end

new text begin Group 6. new text end

new text begin The following agencies are abolished on June 30, 2021:
Department of Administration, Department of Finance, Department of Military Affairs,
Department of Revenue, Department of Veterans Affairs, Arts Board, Minnesota Zoo,
Office of Administrative Hearings, Board of Campaign Finance and Public Disclosure,
Capitol Area Architectural and Planning Board, Office of Enterprise Technology,
Minnesota Racing Commission, and all advisory groups associated with these agencies.
new text end

new text begin Subd. 7. new text end

new text begin Continuation. new text end

new text begin An agency is not abolished according to the schedule in
this section if, before the agency is abolished, a law is enacted continuing the agency. An
agency that is not abolished on a date specified in this section is continued until June 30
of the twelfth year following its scheduled abolition under this section. The agency is
abolished on June 30 of that year unless another law is enacted continuing the agency.
new text end

Sec. 2.

new text begin [10B.02] AGENCY REPORT TO COMMISSION.
new text end

new text begin Before September 1 of the year before the year in which an agency is scheduled to
be abolished, the agency must report to the legislative audit commission. The report
must include information regarding the application to the agency of the criteria in
section 10B.03 and any other information that the agency considers appropriate or that
is requested by the commission.
new text end

Sec. 3.

new text begin [10B.03] CRITERIA FOR REVIEW.
new text end

new text begin The legislative audit commission shall consider the following criteria in determining
whether a public need exists for the continuation of an agency:
new text end

new text begin (1) the efficiency and effectiveness with which the agency operates;
new text end

new text begin (2) an identification of the agency's mission, goals, and objectives, and the problem
or need that the agency was intended to address, and the extent to which the mission,
goals, and objectives have been achieved and the problem or need has been addressed;
new text end

new text begin (3) the authority of the agency relating to fees, inspections, and penalties;
new text end

new text begin (4) whether less restrictive or alternative methods of performing any function that
the agency performs could adequately protect or provide service to the public;
new text end

new text begin (5) the extent to which the jurisdiction of the agency and the programs administered
by the agency overlap or duplicate those of other agencies, the extent to which the agency
coordinates with those agencies, and the extent to which the programs administered by the
agency can be consolidated with the programs of other agencies;
new text end

new text begin (6) the promptness and effectiveness with which the agency addresses complaints
concerning entities or other persons affected by the agency;
new text end

new text begin (7) an assessment of the extent to which the agency has encouraged participation
by the public in making its rules and the extent to which the public participation has
resulted in rules that benefit the public; and
new text end

new text begin (8) the effect of federal intervention or loss of federal funds if the agency is abolished.
new text end

Sec. 4.

new text begin [10B.04] COMMISSION DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Review and report. new text end

new text begin Before January 1 of the year in which a state
agency is scheduled to be abolished, the legislative audit commission shall conduct a
review of the agency based on the criteria in section 10B.03 and prepare a written report to
the legislature. The report must include:
new text end

new text begin (1) findings regarding the criteria established in section 10B.03;
new text end

new text begin (2) recommendations on the abolition, continuation, or reorganization of the agency
and on the need for the performance of the functions of the agency;
new text end

new text begin (3) recommendations on the consolidation, transfer, or reorganization of programs
within agencies not under review when the programs duplicate functions performed in
agencies under review;
new text end

new text begin (4) recommendations to improve the operations of the agency, including management
recommendations that do not require a change in the laws governing the agency; and
new text end

new text begin (5) the estimated fiscal impact of the commission's recommendations.
new text end

new text begin Subd. 2. new text end

new text begin Public hearings. new text end

new text begin Before February 1 of the year a state agency is scheduled
to be abolished, the legislative audit commission must conduct public hearings. The
hearings must include application to the agency of the criteria in section 10B.03.
new text end

Sec. 5.

new text begin [10B.05] PROCEDURE AFTER TERMINATION.
new text end

new text begin An agency that is abolished on June 30 may continue its existence until June 30
of the following year to conclude its business. Unless otherwise provided by law, the
commissioner of administration is the successor to an abolished agency with respect to
court actions, contracts and records, obligations, and unexpended funds of the abolished
agency, and section 15.039, subdivisions 4, 5, 5a, and 6, apply.
new text end