HF 2256

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2019 05:22pm

A bill for an act
relating to state government; creating the Government Accountability Commission;
providing for expiration and review of state agencies; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 3D.

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

Section 1.

new text begin [3D.22] SHORT TITLE.
new text end

new text begin This chapter may be cited as the "Minnesota Government Accountability Act."
new text end

Sec. 2.

new text begin [3D.23] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Advisory committee. new text end

new text begin "Advisory committee" means a committee, council,
commission, or other entity created under state law whose primary function is to advise a
state agency.
new text end

new text begin Subd. 3. new text end

new text begin Commission. new text end

new text begin "Commission" means the Government Accountability
Commission.
new text end

new text begin Subd. 4. new text end

new text begin State agency. new text end

new text begin "State agency" means an agency expressly made subject to this
chapter.
new text end

Sec. 3.

new text begin [3D.24] GOVERNMENT ACCOUNTABILITY COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The Government Accountability Commission consists of:
new text end

new text begin (1) four members appointed by the governor, serving as nonvoting members;
new text end

new text begin (2) two members appointed by the speaker of the house of representatives;
new text end

new text begin (3) two members appointed by the minority leader of the house of representatives;
new text end

new text begin (4) two members appointed by the senate majority leader; and
new text end

new text begin (5) two members appointed by the senate minority leader.
new text end

new text begin Appointing authorities should consider appointing members with experience in business
operations, mergers, finance, and technology. A legislator may not be a member of the
commission.
new text end

new text begin Subd. 2. new text end

new text begin Member restrictions. new text end

new text begin An individual is not eligible for appointment if the
individual or the individual's spouse is:
new text end

new text begin (1) regulated by a state agency that the commission will review during the term for which
the individual would serve;
new text end

new text begin (2) employed by, participates in the management of, or directly or indirectly has more
than a ten percent interest in a business entity or other organization regulated by a state
agency the commission will review during the term for which the individual would serve;
or
new text end

new text begin (3) required to register as a lobbyist under chapter 10A because of the person's activities
for compensation on behalf of a profession or entity related to the operation of an agency
under review.
new text end

new text begin Subd. 3. new text end

new text begin Removal. new text end

new text begin Removal of members is governed by section 15.0575. It is cause for
removal of a member from the commission if the member does not have the qualifications
required by subdivision 2 for appointment to the commission at the time of appointment or
does not maintain the qualifications while serving on the commission. The validity of the
commission's action is not affected by the fact that it was taken when a ground for removal
of a public member from the commission existed.
new text end

new text begin Subd. 4. new text end

new text begin Terms. new text end

new text begin Members serve two-year terms expiring September 1 of each
odd-numbered year.
new text end

new text begin Subd. 5. new text end

new text begin Limits. new text end

new text begin Members are subject to the following restrictions:
new text end

new text begin (1) after an individual serves four years on the commission, the individual is not eligible
for appointment to another term or part of a term; and
new text end

new text begin (2) a member may not serve consecutive terms, and, for purposes of this prohibition, a
member is considered to have served a term only if the member has served more than half
of the term.
new text end

new text begin Subd. 6. new text end

new text begin Appointments. new text end

new text begin The appointing authorities shall make appointments before
September 1 of each odd-numbered year.
new text end

new text begin Subd. 7. new text end

new text begin Vacancies. new text end

new text begin If a vacancy occurs, the appointing authorities shall appoint a person
to serve for the remainder of the unexpired term in the same manner as the original
appointment.
new text end

new text begin Subd. 8. new text end

new text begin Officers. new text end

new text begin The commission shall have a chair and vice-chair as presiding officers.
The chair and vice-chair must alternate every two years between a member appointed by
the speaker or minority leader of the house, and a member appointed by the majority or
minority leader of the senate. The chair and vice-chair must be appointed by different
appointing authorities.
new text end

new text begin Subd. 9. new text end

new text begin Quorum; voting. new text end

new text begin Five voting members of the commission constitute a quorum.
A final action or recommendation may not be made unless approved by a recorded vote of
at least five voting members. All other actions by the commission shall be decided by a
majority of the voting members present and voting.
new text end

new text begin Subd. 10. new text end

new text begin Compensation. new text end

new text begin Each member of the commission is entitled to reimbursement
for actual and necessary expenses incurred in performing commission duties as provided
in section 15.0575, subdivision 3. Each member is entitled to reimbursement from funds
appropriated to the commission.
new text end

Sec. 4.

new text begin [3D.25] STAFF.
new text end

new text begin (a) The commission must employ an executive director to act as the executive head of
the commission. The executive director may employ persons necessary to carry out this
chapter.
new text end

new text begin (b) The commission is in the legislative branch. Upon request of the commission, the
Legislative Coordinating Commission shall provide administrative support.
new text end

Sec. 5.

new text begin [3D.26] RULES.
new text end

new text begin The commission may adopt rules necessary to carry out this chapter.
new text end

Sec. 6.

new text begin [3D.27] AGENCY REPORT TO COMMISSION.
new text end

new text begin Before September 1 of the odd-numbered year before the year in which a state agency
is subject to review, the agency commissioner shall report to the commission:
new text end

new text begin (1) information regarding the application to the agency of the criteria in section 3D.31;
new text end

new text begin (2) a priority-based budget for the agency;
new text end

new text begin (3) an inventory of all boards, commissions, committees, and other entities related to
the agency; and
new text end

new text begin (4) any other information that the agency commissioner considers appropriate or that is
requested by the commission.
new text end

Sec. 7.

new text begin [3D.28] COMMISSION DUTIES.
new text end

new text begin Before January 1 of the year in which a state agency subject to this chapter and its
advisory committees are subject to review, the commission shall:
new text end

new text begin (1) review and take action necessary to verify the reports submitted by the agency;
new text end

new text begin (2) conduct a review of the agency based on the criteria provided in section 3D.31 and
prepare a written report; and
new text end

new text begin (3) review the implementation of commission recommendations contained in the reports
presented to the legislature during the preceding legislative session and the resulting
legislation.
new text end

Sec. 8.

new text begin [3D.29] PUBLIC HEARINGS.
new text end

new text begin Before February 1 of the year a state agency subject to this chapter and its advisory
committees are subject to review, the commission shall conduct public hearings concerning
but not limited to the application to the agency of the criteria provided in section 3D.31.
new text end

Sec. 9.

new text begin [3D.30] COMMISSION REPORT.
new text end

new text begin By February 1 of each odd-numbered year, the commission shall present to the legislature
and the governor a report on the agencies and advisory committees reviewed. In the report
the commission shall include:
new text end

new text begin (1) its findings regarding the criteria prescribed by section 3D.31;
new text end

new text begin (2) its recommendations based on the matters prescribed by section 3D.32; and
new text end

new text begin (3) other information the commission considers necessary for a complete review of the
agency.
new text end

Sec. 10.

new text begin [3D.31] CRITERIA FOR REVIEW.
new text end

new text begin The commission and its staff shall consider the following criteria in determining whether
a public need exists for the continuation of a state agency or its advisory committees or for
the performance of the functions of the agency or its advisory committees:
new text end

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

new text begin (2) an identification of the mission, goals, and objectives intended for the agency or
advisory committee and of the problem or need that the agency or advisory committee 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) an identification of any activities of the agency in addition to those granted by statute
and of the authority for those activities and the extent to which those activities are needed;
new text end

new text begin (4) an assessment of authority of the agency relating to fees, inspections, enforcement,
and penalties;
new text end

new text begin (5) 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 (6) 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 state agencies;
new text end

new text begin (7) the promptness and effectiveness with which the agency addresses complaints
concerning entities or other persons affected by the agency, including an assessment of the
agency's administrative hearings process;
new text end

new text begin (8) an assessment of the agency's rulemaking process and the extent to which the agency
has encouraged participation by the public in making its rules and decisions as well as the
extent to which the public participation has resulted in rules that benefit the public;
new text end

new text begin (9) the extent to which the agency has complied with federal and state laws and applicable
rules regarding equality of employment opportunity and the rights and privacy of individuals;
new text end

new text begin (10) the extent to which the agency has complied with state law and applicable rules of
any state agency regarding purchasing guidelines and programs for historically underutilized
businesses;
new text end

new text begin (11) the extent to which the agency issues and enforces rules relating to potential conflicts
of interest of its employees;
new text end

new text begin (12) the extent to which the agency complies with chapter 13 and follows records
management practices that enable the agency to respond efficiently to requests for public
information; and
new text end

new text begin (13) the effect of federal intervention or loss of federal funds if the agency is abolished.
new text end

Sec. 11.

new text begin [3D.32] RECOMMENDATIONS.
new text end

new text begin (a) In its report on a state agency required by section 3D.30, the commission shall make
recommendations:
new text end

new text begin (1) on the abolition, continuation, or reorganization of each affected state agency and
its advisory committees and on the need for the performance of the functions of the agency
and its advisory committees;
new text end

new text begin (2) on the consolidation, transfer, or reorganization of programs within state agencies
not under review when the programs duplicate functions performed in agencies under review;
and
new text end

new text begin (3) to improve the operations of the agency, its policy body, and its advisory committees,
including management recommendations that do not require a change in the agency's enabling
statute.
new text end

new text begin (b) The commission shall include the estimated fiscal impact of its recommendations
and may recommend appropriation levels for certain programs to improve the operations
of the state agency.
new text end

new text begin (c) The commission must work with the revisor of statutes and other legislative staff to
prepare and submit draft legislation to the appropriate chairs and lead minority members
of legislative committees to carry out the commission's recommendations.
new text end

Sec. 12.

new text begin [3D.33] MONITORING OF RECOMMENDATIONS.
new text end

new text begin During each legislative session, the staff of the commission shall monitor legislation
affecting agencies that have undergone review and shall periodically report to the members
of the commission on proposed changes which would modify prior recommendations of
the commission.
new text end

Sec. 13.

new text begin [3D.34] REVIEW OF ADVISORY COMMITTEES.
new text end

new text begin An advisory committee, the primary function of which is to advise a particular state
agency, is subject to review on the date set for review of the agency unless the advisory
committee is expressly continued by law.
new text end

Sec. 14.

new text begin [3D.35] CONTINUATION BY LAW.
new text end

new text begin During the regular session immediately before the review of a state agency or an advisory
committee that is subject to this chapter, the legislature may enact legislation to continue
the agency or advisory committee for a period not to exceed 12 years. This chapter does
not prohibit the legislature from:
new text end

new text begin (1) terminating a state agency or advisory committee subject to this chapter at a date
earlier than that provided in this chapter; or
new text end

new text begin (2) considering any other legislation relative to a state agency or advisory committee
subject to this chapter.
new text end

Sec. 15.

new text begin [3D.36] PROCEDURE AFTER TERMINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Termination. new text end

new text begin Unless otherwise provided by law:
new text end

new text begin (1) if after review a state agency is abolished, the agency may continue in existence until
June 30 of the following year to conclude its business;
new text end

new text begin (2) abolishment does not reduce or otherwise limit the powers and authority of the state
agency during the concluding year;
new text end

new text begin (3) a state agency is terminated and shall cease all activities at the expiration of the
one-year period; and
new text end

new text begin (4) all rules that have been adopted by the state agency expire at the expiration of the
one-year period.
new text end

new text begin Subd. 2. new text end

new text begin Funds of abolished agency or advisory committee. new text end

new text begin (a) Any unobligated and
unexpended appropriations of an abolished agency or advisory committee lapse on June 30
of the even-numbered year after abolishment.
new text end

new text begin (b) Except as provided in subdivision 4 or as otherwise provided by law, all money in
a dedicated fund of an abolished state agency or advisory committee on June 30 of the
even-numbered year after abolishment is transferred to the general fund. The part of the
law dedicating the money to a specific fund of an abolished agency becomes void on June
30 of the even-numbered year after abolishment.
new text end

new text begin Subd. 3. new text end

new text begin Property and records of abolished agency or advisory committee. new text end

new text begin Unless
the governor designates an appropriate state agency as prescribed by subdivision 4, property
and records in the custody of an abolished state agency or advisory committee on June 30
of the even-numbered year after abolishment must be transferred to the commissioner of
administration. If the governor designates an appropriate state agency, the property and
records must be transferred to the designated state agency.
new text end

new text begin Subd. 4. new text end

new text begin Continuing obligations. new text end

new text begin (a) The legislature recognizes the state's continuing
obligation to pay bonded indebtedness and all other obligations, including lease, contract,
and other written obligations, incurred by a state agency or advisory committee abolished
under this chapter, and this chapter does not impair or impede the payment of bonded
indebtedness and all other obligations, including lease, contract, and other written obligations,
in accordance with their terms. If an abolished state agency or advisory committee has
outstanding bonded indebtedness or other outstanding obligations, including lease, contract,
and other written obligations, the bonds and all other obligations, including lease, contract,
and other written obligations, remain valid and enforceable in accordance with their terms
and subject to all applicable terms and conditions of the laws and proceedings authorizing
the bonds and all other obligations, including lease, contract, and other written obligations.
new text end

new text begin (b) The governor shall designate an appropriate state agency that shall continue to carry
out all covenants contained in the bonds and in all other obligations, including lease, contract,
and other written obligations, and the proceedings authorizing them, including the issuance
of bonds, and the performance of all other obligations, including lease, contract, and other
written obligations, to complete the construction of projects or the performance of other
obligations, including lease, contract, and other written obligations.
new text end

new text begin (c) The designated state agency shall provide payment from the sources of payment of
the bonds in accordance with the terms of the bonds and shall provide payment from the
sources of payment of all other obligations, including lease, contract, and other written
obligations, in accordance with their terms, whether from taxes, revenues, or otherwise,
until the bonds and interest on the bonds are paid in full and all other obligations, including
lease, contract, and other written obligations, are performed and paid in full. If the
proceedings so provide, all funds established by laws or proceedings authorizing the bonds
or authorizing other obligations, including lease, contract, and other written obligations,
must remain with the comptroller or the previously designated trustees. If the proceedings
do not provide that the funds remain with the comptroller or the previously designated
trustees, the funds must be transferred to the designated state agency.
new text end

Sec. 16.

new text begin [3D.37] ASSISTANCE OF AND ACCESS TO STATE AGENCIES.
new text end

new text begin The commission may request the assistance of state agencies and officers. When
assistance is requested, a state agency or officer shall assist the commission. In carrying out
its functions under this chapter, the commission or its designated staff member may inspect
the records, documents, and files of any state agency.
new text end

Sec. 17.

new text begin [3D.38] RELOCATION OF EMPLOYEES.
new text end

new text begin If an employee is displaced because a state agency or its advisory committee is abolished
or reorganized, the state agency shall make a reasonable effort to relocate the displaced
employee.
new text end

Sec. 18.

new text begin [3D.39] SAVING PROVISION.
new text end

new text begin Except as otherwise expressly provided, abolition of a state agency does not affect rights
and duties that matured, penalties that were incurred, civil or criminal liabilities that arose,
or proceedings that were begun before the effective date of the abolition.
new text end

Sec. 19.

new text begin [3D.40] REVIEW OF PROPOSED LEGISLATION CREATING AN
AGENCY.
new text end

new text begin Each bill filed in a house of the legislature that would create a new state agency or a
new advisory committee to a state agency shall be reviewed by the commission. The
commission shall review the bill to determine if:
new text end

new text begin (1) the proposed functions of the agency or committee could be administered by one or
more existing state agencies or advisory committees;
new text end

new text begin (2) the form of regulation, if any, proposed by the bill is the least restrictive form of
regulation that will adequately protect the public;
new text end

new text begin (3) the bill provides for adequate public input regarding any regulatory function proposed
by the bill; and
new text end

new text begin (4) the bill provides for adequate protection against conflicts of interest within the agency
or committee.
new text end

Sec. 20.

new text begin [3D.41] EXPIRATION AND REVIEW.
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 expire on June 30, 2021, and are subject
to review before June 30, 2021: Department of Health, Department of Human Rights,
Department of Human Services, all health-related licensing boards listed in section 214.01,
the councils established in section 15.0145, 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 expire on June 30, 2023, and are subject to
review before June 30, 2023: Department of Education, Professional Educator Licensing
and Standards Board, Minnesota Office of Higher Education, 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 expire on June 30, 2025, and are subject to
review before June 30, 2025: 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, Department of Iron Range Resources
and Rehabilitation, Bureau of Mediation Services, 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 expire on June 30, 2027, and are subject to
review before June 30, 2027: 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 expire on June 30, 2029, and are subject to
review before June 30, 2029: 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 expire on June 30, 2031, and are subject to
review before June 30, 2031: Department of Administration, Department of Management
and Budget, Department of Military Affairs, Department of Revenue, Department of Veterans
Affairs, Arts Board, Minnesota Zoo, Office of Administrative Hearings, Campaign Finance
and Public Disclosure Board, 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 Other groups. new text end

new text begin The commission may review, under the criteria in section 3D.31,
and propose to the legislature an expiration date for any agency, board, commission, or
program not listed in this section.
new text end

Sec. 21. new text begin APPROPRIATION.
new text end

new text begin $....... for the fiscal year ending June 30, 2020, and $....... for the fiscal year ending June
30, 2021, are appropriated from the general fund to the Legislative Coordinating Commission
for purposes of the Government Accountability Commission.
new text end