(a) The Sunset Advisory Commission consists of 12 members appointed as follows:
(1) four senators, appointed according to the rules of the senate, with no more than three senators from the majority caucus;
(2) four members of the house of representatives, appointed by the speaker of the house, with no more than three of the house of representatives members from the majority caucus; and
(3) four members appointed by the governor.
(b) The first members of the Sunset Advisory Commission must be appointed before September 1, 2011, for terms ending the first Monday in January 2013.
An individual is eligible for appointment by the governor if the individual or the individual's spouse is not:
(1) regulated by a state agency that the commission will review during the term for which the individual would serve;
(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
(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.
It is a ground for removal of a governor's appointee from the commission if the member is not qualified as 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 governor's appointee from the commission existed.
Legislative members serve at the pleasure of the appointing authority. Governor's appointees serve two-year terms expiring the first Monday in January of each odd-numbered year and may be removed at the pleasure of the governor.
Members are subject to the following restrictions:
(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;
(2) a legislative member who serves a full term may not be appointed to an immediately succeeding term; and
(3) a governor's appointee 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 one-half of the term.
Appointments must be made before the second Monday of January of each odd-numbered year.
If a legislative member ceases to be a member of the legislative body from which the member was appointed, the member vacates membership on the commission.
If a vacancy occurs, the appointing authority shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment.
The commission shall have a chair and vice-chair as presiding officers.
Seven 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 seven members. All other actions by the commission shall be decided by a majority of the members present and voting.