1.1 	A bill for an act
1.2 	relating to state government; creating the Government Accountability Commission; 
1.3 	providing for expiration and review of state agencies; appropriating money;
1.4 	proposing coding for new law in Minnesota Statutes, chapter 3D.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [3D.22] SHORT TITLE.
1.7 	This chapter may be cited as the "Minnesota Government Accountability Act."

1.8 	Sec. 2. [3D.23] 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, 
1.11 	commission, or other entity created under state law whose primary function is to advise a 
1.12 	state agency.
1.13 		Subd. 3.Commission. "Commission" means the Government Accountability 
1.14 	Commission.
1.15 		Subd. 4.State agency. "State agency" means an agency expressly made subject to this 
1.16 	chapter.

1.17 	Sec. 3. [3D.24] GOVERNMENT ACCOUNTABILITY COMMISSION.
1.18 		Subdivision 1.Membership. The Government Accountability Commission consists of:
1.19 	(1) four members appointed by the governor, serving as nonvoting members;
1.20 	(2) two members appointed by the speaker of the house of representatives;
2.1 	(3) two members appointed by the minority leader of the house of representatives;
2.2 	(4) two members appointed by the senate majority leader; and
2.3 	(5) two members appointed by the senate minority leader.
2.4 	Appointing authorities should consider appointing members with experience in business 
2.5 	operations, mergers, finance, and technology. A legislator may not be a member of the 
2.6 	commission.
2.7 		Subd. 2.Member restrictions. An individual is not eligible for appointment if the 
2.8 	individual or the individual's spouse is:
2.9 	(1) regulated by a state agency that the commission will review during the term for which 
2.10 	the individual would serve;
2.11 	(2) employed by, participates in the management of, or directly or indirectly has more 
2.12 	than a ten percent interest in a business entity or other organization regulated by a state 
2.13 	agency the commission will review during the term for which the individual would serve; 
2.14 	or
2.15 	(3) required to register as a lobbyist under chapter 10A because of the person's activities 
2.16 	for compensation on behalf of a profession or entity related to the operation of an agency 
2.17 	under review.
2.18 		Subd. 3.Removal. Removal of members is governed by section 15.0575. It is cause for 
2.19 	removal of a member from the commission if the member does not have the qualifications 
2.20 	required by subdivision 2 for appointment to the commission at the time of appointment or 
2.21 	does not maintain the qualifications while serving on the commission. The validity of the 
2.22 	commission's action is not affected by the fact that it was taken when a ground for removal 
2.23 	of a public member from the commission existed.
2.24 		Subd. 4.Terms. Members serve two-year terms expiring September 1 of each 
2.25 	odd-numbered year.
2.26 		Subd. 5.Limits. Members are subject to the following restrictions:
2.27 	(1) after an individual serves four years on the commission, the individual is not eligible 
2.28 	for appointment to another term or part of a term; and
2.29 	(2) a member may not serve consecutive terms, and, for purposes of this prohibition, a 
2.30 	member is considered to have served a term only if the member has served more than half 
2.31 	of the term.
3.1 		Subd. 6.Appointments. The appointing authorities shall make appointments before 
3.2 	September 1 of each odd-numbered year.
3.3 		Subd. 7.Vacancies. If a vacancy occurs, the appointing authorities shall appoint a person 
3.4 	to serve for the remainder of the unexpired term in the same manner as the original 
3.5 	appointment.
3.6 		Subd. 8.Officers. The commission shall have a chair and vice-chair as presiding officers. 
3.7 	The chair and vice-chair must alternate every two years between a member appointed by 
3.8 	the speaker or minority leader of the house, and a member appointed by the majority or 
3.9 	minority leader of the senate. The chair and vice-chair must be appointed by different 
3.10 	appointing authorities.
3.11 		Subd. 9.Quorum; voting. Five voting members of the commission constitute a quorum. 
3.12 	A final action or recommendation may not be made unless approved by a recorded vote of 
3.13 	at least five voting members. All other actions by the commission shall be decided by a 
3.14 	majority of the voting members present and voting.
3.15 		Subd. 10.Compensation. Each member of the commission is entitled to reimbursement 
3.16 	for actual and necessary expenses incurred in performing commission duties as provided 
3.17 	in section 15.0575, subdivision 3. Each member is entitled to reimbursement from funds 
3.18 	appropriated to the commission.

3.19 	Sec. 4. [3D.25] STAFF.
3.20 	(a) The commission must employ an executive director to act as the executive head of 
3.21 	the commission. The executive director may employ persons necessary to carry out this 
3.22 	chapter.
3.23 	(b) The commission is in the legislative branch. Upon request of the commission, the 
3.24 	Legislative Coordinating Commission shall provide administrative support.

3.25 	Sec. 5. [3D.26] RULES.
3.26 	The commission may adopt rules necessary to carry out this chapter.

3.27 	Sec. 6. [3D.27] AGENCY REPORT TO COMMISSION.
3.28 	Before September 1 of the odd-numbered year before the year in which a state agency 
3.29 	is subject to review, the agency commissioner shall report to the commission:
3.30 	(1) information regarding the application to the agency of the criteria in section 3D.31;
4.1 	(2) a priority-based budget for the agency;
4.2 	(3) an inventory of all boards, commissions, committees, and other entities related to 
4.3 	the agency; and
4.4 	(4) any other information that the agency commissioner considers appropriate or that is 
4.5 	requested by the commission.

4.6 	Sec. 7. [3D.28] COMMISSION DUTIES.
4.7 	Before January 1 of the year in which a state agency subject to this chapter and its 
4.8 	advisory committees are subject to review, the commission shall:
4.9 	(1) review and take action necessary to verify the reports submitted by the agency;
4.10 	(2) conduct a review of the agency based on the criteria provided in section 3D.31 and 
4.11 	prepare a written report; and
4.12 	(3) review the implementation of commission recommendations contained in the reports 
4.13 	presented to the legislature during the preceding legislative session and the resulting 
4.14 	legislation.

4.15 	Sec. 8. [3D.29] PUBLIC HEARINGS.
4.16 	Before February 1 of the year a state agency subject to this chapter and its advisory 
4.17 	committees are subject to review, the commission shall conduct public hearings concerning 
4.18 	but not limited to the application to the agency of the criteria provided in section 3D.31.

4.19 	Sec. 9. [3D.30] COMMISSION REPORT.
4.20 	By February 1 of each odd-numbered year, the commission shall present to the legislature 
4.21 	and the governor a report on the agencies and advisory committees reviewed. In the report 
4.22 	the commission shall include:
4.23 	(1) its findings regarding the criteria prescribed by section 3D.31;
4.24 	(2) its recommendations based on the matters prescribed by section 3D.32; and
4.25 	(3) other information the commission considers necessary for a complete review of the 
4.26 	agency.

5.1 	Sec. 10. [3D.31] CRITERIA FOR REVIEW.
5.2 	The commission and its staff shall consider the following criteria in determining whether 
5.3 	a public need exists for the continuation of a state agency or its advisory committees or for 
5.4 	the performance of the functions of the agency or its advisory committees:
5.5 	(1) the efficiency and effectiveness with which the agency or the advisory committee 
5.6 	operates;
5.7 	(2) an identification of the mission, goals, and objectives intended for the agency or 
5.8 	advisory committee and of the problem or need that the agency or advisory committee was 
5.9 	intended to address and the extent to which the mission, goals, and objectives have been 
5.10 	achieved and the problem or need has been addressed;
5.11 	(3) an identification of any activities of the agency in addition to those granted by statute 
5.12 	and of the authority for those activities and the extent to which those activities are needed;
5.13 	(4) an assessment of authority of the agency relating to fees, inspections, enforcement, 
5.14 	and penalties;
5.15 	(5) whether less restrictive or alternative methods of performing any function that the 
5.16 	agency performs could adequately protect or provide service to the public;
5.17 	(6) the extent to which the jurisdiction of the agency and the programs administered by 
5.18 	the agency overlap or duplicate those of other agencies, the extent to which the agency 
5.19 	coordinates with those agencies, and the extent to which the programs administered by the 
5.20 	agency can be consolidated with the programs of other state agencies;
5.21 	(7) the promptness and effectiveness with which the agency addresses complaints 
5.22 	concerning entities or other persons affected by the agency, including an assessment of the 
5.23 	agency's administrative hearings process;
5.24 	(8) an assessment of the agency's rulemaking process and the extent to which the agency 
5.25 	has encouraged participation by the public in making its rules and decisions as well as the 
5.26 	extent to which the public participation has resulted in rules that benefit the public;
5.27 	(9) the extent to which the agency has complied with federal and state laws and applicable 
5.28 	rules regarding equality of employment opportunity and the rights and privacy of individuals;
5.29 	(10) the extent to which the agency has complied with state law and applicable rules of 
5.30 	any state agency regarding purchasing guidelines and programs for historically underutilized 
5.31 	businesses;
6.1 	(11) the extent to which the agency issues and enforces rules relating to potential conflicts 
6.2 	of interest of its employees;
6.3 	(12) the extent to which the agency complies with chapter 13 and follows records 
6.4 	management practices that enable the agency to respond efficiently to requests for public 
6.5 	information; and
6.6 	(13) the effect of federal intervention or loss of federal funds if the agency is abolished.

6.7 	Sec. 11. [3D.32] RECOMMENDATIONS.
6.8 	(a) In its report on a state agency required by section 3D.30, the commission shall make 
6.9 	recommendations:
6.10 	(1) on the abolition, continuation, or reorganization of each affected state agency and 
6.11 	its advisory committees and on the need for the performance of the functions of the agency 
6.12 	and its advisory committees;
6.13 	(2) on the consolidation, transfer, or reorganization of programs within state agencies 
6.14 	not under review when the programs duplicate functions performed in agencies under review; 
6.15 	and
6.16 	(3) to improve the operations of the agency, its policy body, and its advisory committees, 
6.17 	including management recommendations that do not require a change in the agency's enabling 
6.18 	statute.
6.19 	(b) The commission shall include the estimated fiscal impact of its recommendations 
6.20 	and may recommend appropriation levels for certain programs to improve the operations 
6.21 	of the state agency.
6.22 	(c) The commission must work with the revisor of statutes and other legislative staff to 
6.23 	prepare and submit draft legislation to the appropriate chairs and lead minority members 
6.24 	of legislative committees to carry out the commission's recommendations.

6.25 	Sec. 12. [3D.33] MONITORING OF RECOMMENDATIONS.
6.26 	During each legislative session, the staff of the commission shall monitor legislation 
6.27 	affecting agencies that have undergone review and shall periodically report to the members 
6.28 	of the commission on proposed changes which would modify prior recommendations of 
6.29 	the commission.

7.1 	Sec. 13. [3D.34] REVIEW OF ADVISORY COMMITTEES.
7.2 	An advisory committee, the primary function of which is to advise a particular state 
7.3 	agency, is subject to review on the date set for review of the agency unless the advisory 
7.4 	committee is expressly continued by law.

7.5 	Sec. 14. [3D.35] CONTINUATION BY LAW.
7.6 	During the regular session immediately before the review of a state agency or an advisory 
7.7 	committee that is subject to this chapter, the legislature may enact legislation to continue 
7.8 	the agency or advisory committee for a period not to exceed 12 years. This chapter does 
7.9 	not prohibit the legislature from:
7.10 	(1) terminating a state agency or advisory committee subject to this chapter at a date 
7.11 	earlier than that provided in this chapter; or
7.12 	(2) considering any other legislation relative to a state agency or advisory committee 
7.13 	subject to this chapter.

7.14 	Sec. 15. [3D.36] PROCEDURE AFTER TERMINATION.
7.15 		Subdivision 1.Termination. Unless otherwise provided by law:
7.16 	(1) if after review a state agency is abolished, the agency may continue in existence until 
7.17 	June 30 of the following year to conclude its business;
7.18 	(2) abolishment does not reduce or otherwise limit the powers and authority of the state 
7.19 	agency during the concluding year;
7.20 	(3) a state agency is terminated and shall cease all activities at the expiration of the 
7.21 	one-year period; and
7.22 	(4) all rules that have been adopted by the state agency expire at the expiration of the 
7.23 	one-year period.
7.24 		Subd. 2.Funds of abolished agency or advisory committee. (a) Any unobligated and 
7.25 	unexpended appropriations of an abolished agency or advisory committee lapse on June 30 
7.26 	of the even-numbered year after abolishment.
7.27 	(b) Except as provided in subdivision 4 or as otherwise provided by law, all money in 
7.28 	a dedicated fund of an abolished state agency or advisory committee on June 30 of the 
7.29 	even-numbered year after abolishment is transferred to the general fund. The part of the 
7.30 	law dedicating the money to a specific fund of an abolished agency becomes void on June 
7.31 	30 of the even-numbered year after abolishment.
8.1 		Subd. 3.Property and records of abolished agency or advisory committee. Unless 
8.2 	the governor designates an appropriate state agency as prescribed by subdivision 4, property 
8.3 	and records in the custody of an abolished state agency or advisory committee on June 30 
8.4 	of the even-numbered year after abolishment must be transferred to the commissioner of 
8.5 	administration. If the governor designates an appropriate state agency, the property and 
8.6 	records must be transferred to the designated state agency.
8.7 		Subd. 4.Continuing obligations. (a) The legislature recognizes the state's continuing 
8.8 	obligation to pay bonded indebtedness and all other obligations, including lease, contract, 
8.9 	and other written obligations, incurred by a state agency or advisory committee abolished 
8.10 	under this chapter, and this chapter does not impair or impede the payment of bonded 
8.11 	indebtedness and all other obligations, including lease, contract, and other written obligations, 
8.12 	in accordance with their terms. If an abolished state agency or advisory committee has 
8.13 	outstanding bonded indebtedness or other outstanding obligations, including lease, contract, 
8.14 	and other written obligations, the bonds and all other obligations, including lease, contract, 
8.15 	and other written obligations, remain valid and enforceable in accordance with their terms 
8.16 	and subject to all applicable terms and conditions of the laws and proceedings authorizing 
8.17 	the bonds and all other obligations, including lease, contract, and other written obligations.
8.18 	(b) The governor shall designate an appropriate state agency that shall continue to carry 
8.19 	out all covenants contained in the bonds and in all other obligations, including lease, contract, 
8.20 	and other written obligations, and the proceedings authorizing them, including the issuance 
8.21 	of bonds, and the performance of all other obligations, including lease, contract, and other 
8.22 	written obligations, to complete the construction of projects or the performance of other 
8.23 	obligations, including lease, contract, and other written obligations.
8.24 	(c) The designated state agency shall provide payment from the sources of payment of 
8.25 	the bonds in accordance with the terms of the bonds and shall provide payment from the 
8.26 	sources of payment of all other obligations, including lease, contract, and other written 
8.27 	obligations, in accordance with their terms, whether from taxes, revenues, or otherwise, 
8.28 	until the bonds and interest on the bonds are paid in full and all other obligations, including 
8.29 	lease, contract, and other written obligations, are performed and paid in full. If the 
8.30 	proceedings so provide, all funds established by laws or proceedings authorizing the bonds 
8.31 	or authorizing other obligations, including lease, contract, and other written obligations, 
8.32 	must remain with the comptroller or the previously designated trustees. If the proceedings 
8.33 	do not provide that the funds remain with the comptroller or the previously designated 
8.34 	trustees, the funds must be transferred to the designated state agency.

9.1 	Sec. 16. [3D.37] ASSISTANCE OF AND ACCESS TO STATE AGENCIES.
9.2 	The commission may request the assistance of state agencies and officers. When 
9.3 	assistance is requested, a state agency or officer shall assist the commission. In carrying out 
9.4 	its functions under this chapter, the commission or its designated staff member may inspect 
9.5 	the records, documents, and files of any state agency.

9.6 	Sec. 17. [3D.38] RELOCATION OF EMPLOYEES.
9.7 	If an employee is displaced because a state agency or its advisory committee is abolished 
9.8 	or reorganized, the state agency shall make a reasonable effort to relocate the displaced 
9.9 	employee.

9.10 	Sec. 18. [3D.39] SAVING PROVISION.
9.11 	Except as otherwise expressly provided, abolition of a state agency does not affect rights 
9.12 	and duties that matured, penalties that were incurred, civil or criminal liabilities that arose, 
9.13 	or proceedings that were begun before the effective date of the abolition.

9.14 	Sec. 19. [3D.40] REVIEW OF PROPOSED LEGISLATION CREATING AN 
9.15 	AGENCY.
9.16 	Each bill filed in a house of the legislature that would create a new state agency or a 
9.17 	new advisory committee to a state agency shall be reviewed by the commission. The 
9.18 	commission shall review the bill to determine if:
9.19 	(1) the proposed functions of the agency or committee could be administered by one or 
9.20 	more existing state agencies or advisory committees;
9.21 	(2) the form of regulation, if any, proposed by the bill is the least restrictive form of 
9.22 	regulation that will adequately protect the public;
9.23 	(3) the bill provides for adequate public input regarding any regulatory function proposed 
9.24 	by the bill; and
9.25 	(4) the bill provides for adequate protection against conflicts of interest within the agency 
9.26 	or committee.

9.27 	Sec. 20. [3D.41] EXPIRATION AND REVIEW.
9.28 		Subdivision 1.Group 1. The following agencies expire on June 30, 2023, and are subject 
9.29 	to review before June 30, 2023: Department of Health, Department of Human Rights, 
9.30 	Department of Human Services, all health-related licensing boards listed in section 214.01, 
10.1 	the councils established in section 15.0145, Indian Affairs Council, Council on Disabilities, 
10.2 	and all advisory groups associated with these agencies.
10.3 		Subd. 2.Group 2. The following agencies expire on June 30, 2025, and are subject to 
10.4 	review before June 30, 2025: Department of Education, Professional Educator Licensing 
10.5 	and Standards Board, Minnesota Office of Higher Education, and all advisory groups 
10.6 	associated with these agencies.
10.7 		Subd. 3.Group 3. The following agencies expire on June 30, 2027, and are subject to 
10.8 	review before June 30, 2027: Department of Commerce, Department of Employment and 
10.9 	Economic Development, Department of Labor and Industry, all non-health-related licensing 
10.10 	boards listed in section 214.01 except as otherwise provided in this section, Explore 
10.11 	Minnesota Tourism, Public Utilities Commission, Department of Iron Range Resources 
10.12 	and Rehabilitation, Bureau of Mediation Services, Amateur Sports Commission, and all 
10.13 	advisory groups associated with these agencies.
10.14 		Subd. 4.Group 4. The following agencies expire on June 30, 2029, and are subject to 
10.15 	review before June 30, 2029: Department of Corrections, Department of Public Safety, 
10.16 	Department of Transportation, Peace Officer Standards and Training Board, Corrections 
10.17 	Ombudsman, and all advisory groups associated with these agencies.
10.18 		Subd. 5.Group 5. The following agencies expire on June 30, 2031, and are subject to 
10.19 	review before June 30, 2031: Department of Agriculture, Department of Natural Resources, 
10.20 	Pollution Control Agency, Board of Animal Health, Board of Water and Soil Resources, 
10.21 	and all advisory groups associated with these agencies.
10.22 		Subd. 6.Group 6. The following agencies expire on June 30, 2033, and are subject to 
10.23 	review before June 30, 2033: Department of Administration, Department of Management 
10.24 	and Budget, Department of Military Affairs, Department of Revenue, Department of Veterans 
10.25 	Affairs, Arts Board, Minnesota Zoo, Office of Administrative Hearings, Campaign Finance 
10.26 	and Public Disclosure Board, Capitol Area Architectural and Planning Board, Office of 
10.27 	Enterprise Technology, Minnesota Racing Commission, and all advisory groups associated 
10.28 	with these agencies.
10.29 		Subd. 7.Other groups. The commission may review, under the criteria in section 3D.31, 
10.30 	and propose to the legislature an expiration date for any agency, board, commission, or 
10.31 	program not listed in this section.

11.1 	Sec. 21. APPROPRIATION.
 11.2 	$....... for the fiscal year ending June 30, 2022, and $....... for the fiscal year ending June 
11.3 	30, 2023, are appropriated from the general fund to the Legislative Coordinating Commission 
11.4 	for purposes of the Government Accountability Commission.