GOVERNMENT OPERATIONS
Prepared by:
Ron Elwood, Supervising Attorney
Legal Services Advocacy Project
651-842-6909
relwood@mnlsap.org

I. MINNESOTA SUNSET ACT
First Special Session, Chapter 10, Article 3, Sections 2 - 22 (SF 12)
Adds Minn. Stat., Chapter 3D (§§ 3D.01 - .21)
Effective August 1, 2011

A. Sunset Advisory Commission
Provides that the Sunset Advisory Commission consists of 12 members: (1) four senators and four members of the House of Representatives (with no more than three allowed to be from the majority party); and (2) four members appointed by the Governor.
Adds Minn. Stat. § 3D.03, subd. 1(a)

B. Terms
Provides that the first members serve two year terms beginning no later than September 1, 2011 and ending on January 7, 2013.
Adds Minn. Stat. § 3D.03, subds. 1and 4

C. Duties
Requires the Sunset Advisory Commission to conduct a review of state agencies and advisory committees, based on criteria and a schedule established by the Act, to determine "whether a public need exists" for the continuation of a state agency or its advisory committees or for functions performed.
Adds Minn. Stat. § 3D.07 (requirement for conduct of review)
Adds Minn. Stat. § 3D.10 (determination of need for agency or advisory committee)

D. Criteria
Lists the statutory criteria upon which an agency or advisory committee is to be evaluated, and includes, among others: (1) how efficient and effective is the agency/advisory committee; (2) whether the mission has been accomplished and problem intended to be solved by the agency/advisory committee has in fact been solved; (3) whether there is a need for extra-statutory activities and to what extent does the authority for the activity exist; (4) whether "less restrictive" methods could provide the service to the public; (6) whether the jurisdiction is duplicative to that of another agency and, if so, can the agencies be merged; (7) timeliness of response to complaints and an assessment of the administrative hearings process; (8) the degree of public participation in rulemaking; and (9) the effect of the loss of federal funds if the agency is abolished.
Adds Minn. Stat. § 3D.10
E. Report to Legislature and Governor
Requires the Commission to report to the Legislature and the Governor by February 1 in each even-numbered year and recommend for each affected agency and advisory committee: (1) its abolition, continuation, reorganization, consolidation, or transfer; (2) improvements in operations; and (3) the fiscal impacts of the recommendations.
Adds Minn. Stat. § 3D.10 (Requirements of Report)
Adds Minn. Stat. § 3D.10 (Nature of Recommendations)

F. Legislative Action Required to Sunset Certain Agencies
Provides for review of certain agencies under a staggered schedule. For the following agencies, only an affirmative act by the Legislature to sunset the agency will terminate its operations: (1) Department of Administration; (2) Department of Agriculture; (3) Department of Commerce; (4) Department of Education; (5) Department of Employment and Economic Development; (6) Department of Health; (7) Department of Human Rights: (8) Department of Human Services; (9) Department of Labor and Industry; (10) Department of Management and Budget; (10) Department of Military Affairs; (11) Department of Revenue; (12) Department of Veterans Affairs; (11) Housing Finance Agency; (12)
Pollution Control Agency; and (13) Public Utilities Commission.
Adds Minn. Stat. § 3D.14 (Continuation of Agencies)
Adds Minn. Stat. § 3D.21 (Schedule of Review of Agencies)

G. Presumptive Sunset of Certain Agencies
Provides that, other than for the agencies whose termination requires express Legislative action, unless the Legislature acts to continue the agency or extend the sunset date, certain agencies will cease to exist after review according to a staggered schedule.

1. Agencies Expiring on June 30, 2012
Unless otherwise provided by law, the following agencies, among others, will cease operations on June 30, 2012: (1) Council on Affairs of Chicano/Latino People; (2) Council on Black Minnesotans; (3) Council on Asian-Pacific Minnesotans; (4) Indian Affairs Council, Council on Disabilities; and (5) all advisory groups associated with these agencies.

2. Agencies Expiring on June 30, 2020
Unless otherwise provided by law, the following agencies, among others, will cease operations on June 30, 2020: (1) Office of Administrative
Hearings; and (2) Campaign Finance and Public Disclosure Board.

Adds Minn. Stat. § 3D.21

H. New Agencies
Requires the Sunset Advisory Commission to review each bill that would create a new state agency or advisory committee to determine, among other things, if the proposed functions of the agency or committee could be administered by one or more existing state agencies or advisory committees.

Adds Minn. Stat. § 3D.19