15.039 EFFECT OF TRANSFER OF POWERS AMONG AGENCIES.
Subdivision 1. Application of section.
The provisions of this section apply whenever the
responsibilities of an agency are transferred by law to another agency unless the act directing
the transfer provides otherwise. The term "responsibilities" includes powers, duties, rights,
obligations, and other authority imposed by law on an agency. The term "new agency" means the
agency to which responsibilities have been transferred from another agency.
Subd. 2. In general.
The new agency is a continuation of the former agency as to those
matters within the jurisdiction of the former agency that are transferred to the new agency.
Following a transfer the new agency shall carry out the assigned responsibilities as though the
responsibilities of the former agency had not been transferred. A transfer is not a new authority
for the purpose of succession to all responsibilities of the former agency as constituted at the
time of the transfer.
Subd. 3. Rules.
All rules adopted pursuant to responsibilities that are transferred to another
agency remain effective and shall be enforced until amended or repealed in accordance with law
by the new agency. Any rulemaking authority that existed to implement the responsibilities that
are transferred is transferred to the new agency.
Subd. 4. Court actions.
Any proceeding, court action, prosecution, or other business
or matter pending on the effective date of a transfer of responsibilities may be conducted and
completed by the new agency in the same manner under the same terms and conditions, and with
the same effect, as though it involved or were commenced and conducted or completed by the
former agency prior to the transfer.
Subd. 5. Contracts; records.
The agency whose responsibilities are transferred shall give
all contracts, books, maps, plans, papers, records, and property of every description relating to
the transferred responsibilities and within its jurisdiction or control to the new agency. The new
agency shall accept the material presented. The transfer shall be made in accordance with the
directions of the new agency.
Subd. 5a. Obligations.
The new agency is the legal successor in all respects of the agency
whose responsibilities are transferred. The bonds, resolutions, contracts, and liabilities of the
agency whose responsibilities are transferred become the bonds, resolutions, contracts, and
liabilities of the new agency.
Subd. 6. Unexpended funds.
The unexpended balance of any appropriation to an agency
for the purposes of any responsibilities that are transferred to another agency are reappropriated
under the same conditions as the original appropriation to the new agency effective on the date of
the transfer of responsibilities. If the responsibilities are transferred to more than one agency, the
commissioner of finance shall allocate any unexpended appropriation to the agencies affected.
The new agencies shall pay all valid claims presented against those appropriations.
Subd. 7. Personnel.
All classified and unclassified positions associated with the
responsibilities being transferred are transferred with their incumbents to the new agency. The
approved complement for the agency whose responsibilities are being transferred is decreased
accordingly. The approved complement for the new agency is increased accordingly. Personnel
changes are effective on the date of transfer of responsibilities. Nothing in this subdivision shall
be construed as abrogating or modifying any rights now enjoyed by affected employees under the
managerial or commissioner's plan under section
or the terms of an agreement between an
exclusive representative of public employees and the state or one of its appointing authorities.
Subd. 8. Transfer of property; sales tax.
All transfers of motor vehicles or other tangible
personal property between agencies or political subdivisions under this section are exempt from
the motor vehicle sales tax under chapter 297B and the general sales tax under chapter 297A.
History: 1981 c 253 s 2; 1983 c 289 s 1; 1987 c 386 art 5 s 1; 1995 c 264 art 2 s 1