Senate
File
533
S-3323
Amend
Senate
File
533
as
follows:
1
1.
Page
33,
after
line
17
by
inserting:
2
<
DIVISION
___
3
AUTOMATIC
PROGRAM
SUNSET
4
Sec.
___.
NEW
SECTION
.
4A.1
Definitions.
5
As
used
in
this
chapter,
unless
the
context
6
otherwise
requires:
7
1.
“Agency”
means
the
same
as
the
term
“department”
8
as
defined
in
section
8.2.
9
2.
“Committee”
means
the
fiscal
committee
of
the
10
legislative
council
created
pursuant
to
section
2.45.
11
3.
“Program”
means
a
distinct
and
coherent
set
of
12
activities
authorized
by
law
which
affects
a
clearly
13
definable
target
group,
problem,
or
issue
and
which
14
can
be
supported
by
appropriations
through
the
budget
15
process
or
by
enactments
other
than
appropriations,
as
16
in
the
case
of
tax
credits.
17
4.
“Program
review
criteria”
means
the
criteria
18
required
to
be
considered
under
section
4A.8.
19
5.
“Sunset”
means
the
termination
or
repeal
of
the
20
law
authorizing
a
program.
21
Sec.
___.
NEW
SECTION
.
4A.2
Short
title.
22
This
chapter
shall
be
known
as
and
may
be
cited
as
23
the
“Iowa
Sunset
Act”
.
24
Sec.
___.
NEW
SECTION
.
4A.3
Automatic
sunset
of
25
programs.
26
1.
Unless
provided
otherwise
by
law,
each
new
27
program
that
first
takes
effect
by
law
enacted
on
28
or
after
July
1,
2011,
shall
sunset
six
years
after
29
the
program’s
effective
date
unless
reauthorized
by
30
enactment
by
the
general
assembly.
31
2.
Unless
a
program
is
expressly
exempted
from
32
this
chapter,
if
the
law
authorizing
the
program
is
33
enacted
on
or
after
July
1,
2011,
the
law
shall
include
34
a
sunset
clause
clearly
indicating
the
date
of
the
35
program’s
repeal
if
the
program
is
not
reauthorized
by
36
enactment
by
the
general
assembly.
37
3.
Any
program
that
is
reauthorized
by
enactment
38
by
the
general
assembly
pursuant
to
this
section
shall
39
include
a
provision
specifying
that
the
program
shall
40
sunset
at
a
date
not
more
than
twelve
years
from
the
41
effective
date
of
the
program’s
reauthorization.
42
4.
Unless
expressly
provided
by
law,
funding
shall
43
not
be
expended
on
a
program
that
has
been
sunset.
44
5.
a.
Any
program
to
which
money
was
appropriated
45
prior
to
July
1,
2011,
may
at
any
time
be
subject
46
to
review
of
the
committee
by
a
majority
vote
of
its
47
members
for
the
purpose
of
recommending
to
the
general
48
assembly
its
continuation
or
sunset.
49
b.
If
a
program
is
subject
to
sunset,
the
committee
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#1.
shall
conduct
public
hearings
concerning
but
not
1
limited
to
the
applicability
of
the
program
review
2
criteria
to
the
program,
and
shall
issue
a
report
3
pursuant
to
section
4A.5.
The
committee
may
recommend
4
to
the
general
assembly
by
a
majority
vote
of
its
5
members
that
a
program
under
review,
to
which
money
was
6
appropriated
prior
to
July
1,
2011,
should
be
sunset,
7
continued,
or
reorganized.
The
committee
shall
submit
8
such
recommendation
to
all
members
of
the
general
9
assembly
within
thirty
calendar
days
of
the
vote
in
10
which
such
recommendation
is
made.
11
Sec.
___.
NEW
SECTION
.
4A.4
Information
to
be
12
reported
by
agencies
to
fiscal
committee.
13
Before
October
30
of
the
calendar
year
in
progress
14
two
years
prior
to
the
calendar
year
in
which
a
state
15
program
subject
to
this
chapter
is
scheduled
to
sunset,
16
the
agency
administering
the
program
shall
report
all
17
of
the
following
information
to
the
committee:
18
1.
Information
regarding
the
applicability
of
the
19
program
review
criteria
to
the
program.
20
2.
Any
other
information
that
the
agency
considers
21
appropriate
or
that
is
requested
by
the
committee.
22
Sec.
___.
NEW
SECTION
.
4A.5
Sunset
of
programs
——
23
committee
——
duties
of
the
committee
——
reports.
24
1.
Before
September
1
of
the
calendar
year
in
25
progress
one
year
prior
to
the
calendar
year
in
which
a
26
program
subject
to
this
chapter
is
scheduled
to
sunset,
27
the
committee
shall
do
all
of
the
following:
28
a.
Review
and
take
action
necessary
to
verify
the
29
reports
submitted
by
the
agency
pursuant
to
section
30
4A.4.
31
b.
Consult
with
the
appropriations
committee
of
the
32
house
of
representatives,
the
appropriations
committee
33
of
the
senate,
the
department
of
management,
the
34
auditor
of
state,
and
the
treasurer
of
state
regarding
35
the
applicability
of
the
program
review
criteria
to
the
36
program.
37
c.
Conduct
a
performance
evaluation
of
the
program
38
based
on
the
program
review
criteria
and
prepare
a
39
written
report.
40
2.
The
written
report
prepared
by
the
committee
41
pursuant
to
subsection
1
shall
be
submitted
to
the
42
general
assembly
with
the
report
required
under
section
43
4A.7.
44
Sec.
___.
NEW
SECTION
.
4A.6
Public
hearings
45
conducted
for
programs
subject
to
sunset.
46
1.
Between
September
1
and
December
1
of
the
47
calendar
year
in
progress
prior
to
the
calendar
year
in
48
which
a
program
subject
to
this
chapter
is
scheduled
49
to
sunset,
the
committee
shall
conduct
public
hearings
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concerning
but
not
limited
to
the
applicability
of
the
1
program
review
criteria
to
the
program.
2
2.
Notwithstanding
subsection
1,
the
committee
may
3
hold
the
public
hearings
prior
to
September
1
if
the
4
evaluation
of
the
program
required
by
section
4A.5
is
5
complete
and
available
to
the
public.
6
Sec.
___.
NEW
SECTION
.
4A.7
Report
on
programs
7
scheduled
to
be
sunset
——
auditor
report.
8
1.
At
the
beginning
of
each
regular
session
of
9
the
general
assembly,
the
committee
shall
present
to
10
the
general
assembly
and
the
governor
a
report
on
the
11
programs
scheduled
to
be
sunset.
In
the
report,
the
12
committee
shall
include
all
of
the
following:
13
a.
The
committee’s
specific
findings
regarding
each
14
of
the
program
criteria.
15
b.
The
committee’s
recommendations,
as
specified
by
16
section
4A.3.
17
c.
Recommendations
on
the
sunset,
continuation,
or
18
reorganization
of
each
affected
program
and
on
the
need
19
for
the
performance
of
the
functions
of
the
program.
20
d.
Recommendations
on
the
consolidation,
transfer,
21
or
reorganization
of
programs
within
agencies
not
under
22
review
if
the
programs
duplicate
functions
performed
23
by
programs
under
review.
24
e.
Recommendations
as
to
the
appropriate
25
appropriation
levels
for
each
program
for
which
sunset
26
or
reorganization
is
recommended
pursuant
to
this
27
subsection.
28
f.
Draft
legislation
necessary
to
carry
out
29
the
committee’s
recommendations
pursuant
to
this
30
subsection.
31
g.
Any
other
information
the
committee
deems
32
necessary
for
a
complete
evaluation
of
the
program.
33
2.
On
the
date
the
committee
presents
its
report
34
to
the
general
assembly
pursuant
to
subsection
1,
the
35
committee
shall
present
to
the
auditor
of
state
the
36
committee’s
recommendations
that
do
not
require
a
37
statutory
change
to
be
put
into
effect.
The
auditor
38
of
state
shall
examine
the
recommendations
and
shall
39
prepare,
as
part
of
the
next
scheduled
audit
of
the
40
program,
a
report
on
the
manner
in
which
the
agency
has
41
implemented
the
committee’s
recommendations.
42
Sec.
___.
NEW
SECTION
.
4A.8
Criteria
considered
by
43
committee.
44
The
committee
shall
consider
all
of
the
following
45
criteria
in
determining
whether
a
public
need
46
exists
for
the
continuation
of
a
program,
or
for
the
47
performance
of
the
functions
of
the
program:
48
1.
The
program’s
operating
efficiency.
49
2.
An
identification
of
the
objectives
intended
for
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the
program
and
the
problem
or
need
that
the
program
1
was
intended
to
address,
the
extent
to
which
the
2
objectives
have
been
achieved,
and
any
activities
of
3
the
agency
in
addition
to
those
granted
by
statute
and
4
the
authority
for
such
activities.
5
3.
An
assessment
of
less
restrictive
or
alternative
6
methods
of
protecting
the
public
in
lieu
of
any
7
existing
rule
or
regulation
applied
by
the
agency.
8
4.
The
extent
to
which
the
jurisdiction
of
the
9
agency
and
the
programs
administered
by
the
agency
10
overlap
or
duplicate
those
of
other
agencies
and
11
the
extent
to
which
the
programs
administered
by
the
12
agency
can
be
consolidated
with
the
programs
of
other
13
agencies.
14
5.
An
assessment
of
the
extent
to
which
the
agency
15
has
recommended
to
the
general
assembly
statutory
16
changes
calculated
to
be
of
benefit
to
the
public
17
rather
than
to
an
occupation,
business,
or
institution
18
that
the
agency
regulates.
19
6.
An
evaluation
of
the
promptness
and
20
effectiveness
with
which
the
agency
disposes
of
21
complaints
concerning
persons
affected
by
the
program.
22
7.
An
assessment
of
the
extent
to
which
the
agency
23
has
encouraged
participation
by
the
public
in
making
24
rules
and
decisions
as
opposed
to
participation
solely
25
by
those
it
regulates
and
the
extent
to
which
the
26
public
participation
has
resulted
in
rules
compatible
27
with
the
objectives
of
the
program.
28
8.
The
extent
to
which
the
agency
has
complied
with
29
applicable
requirements
of
all
of
the
following:
30
a.
An
agency
of
the
United
States
or
this
state
31
regarding
equality
of
employment
opportunity
and
the
32
rights
and
privacy
of
individuals.
33
b.
State
law
and
applicable
rules
of
any
34
agency
regarding
purchasing
goals
and
programs
for
35
historically
underutilized
businesses,
including
but
36
not
limited
to
the
goals
for
small
businesses
and
37
targeted
small
businesses
in
this
state
under
section
38
73.16.
39
9.
The
extent
to
which
changes
are
necessary
in
the
40
enabling
statutes
of
the
program
so
that
the
agency
can
41
adequately
comply
with
the
criteria
established
in
this
42
section.
43
10.
The
extent
to
which
the
agency
issues
and
44
enforces
rules
relating
to
potential
conflicts
of
45
interest
of
its
employees.
46
11.
The
extent
to
which
the
agency
complies
with
47
chapter
22
and
follows
records
management
practices
48
that
enable
the
agency
to
respond
efficiently
to
49
requests
for
public
information.
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12.
The
effect
of
federal
intervention
or
loss
of
1
federal
funds
if
the
program
is
sunset.
2
Sec.
___.
NEW
SECTION
.
4A.9
Exemption
for
certain
3
agencies.
4
1.
In
the
two-year
period
preceding
the
date
5
scheduled
for
the
sunset
of
a
program
in
accordance
6
with
this
chapter,
the
committee
may
exempt
the
program
7
from
the
requirements
of
this
chapter
relating
to
staff
8
reports,
hearings,
and
evaluations.
The
committee
9
shall
only
exempt
a
program
that
has
been
inactive
for
10
a
period
of
two
years
preceding
the
date
the
program
is
11
scheduled
to
sunset.
12
2.
The
committee’s
action
in
exempting
a
program
13
pursuant
to
this
section
requires
an
affirmative
record
14
vote
of
all
members
of
the
committee.
15
Sec.
___.
NEW
SECTION
.
4A.10
Activities
of
the
16
general
assembly
not
restricted.
17
This
chapter
does
not
restrict
the
general
assembly
18
from
doing
any
of
the
following:
19
1.
Terminating
a
program
at
a
date
earlier
than
20
required
in
accordance
with
this
chapter.
21
2.
Considering
any
other
legislation
relative
to
a
22
program
subject
to
this
chapter.
23
Sec.
___.
NEW
SECTION
.
4A.11
Duration
of
sunset
24
program
——
procedures
for
terminated
programs.
25
1.
a.
A
program
that
is
sunset
may
continue
in
26
existence
to
conclude
its
business
until
September
1
of
27
the
fiscal
year
following
the
fiscal
year
in
which
the
28
program
was
sunset.
Unless
the
law
provides
otherwise,
29
the
sunset
of
a
program
does
not
reduce
or
otherwise
30
limit
the
powers
and
authority
of
the
agency
during
the
31
concluding
year.
32
b.
A
program
is
terminated
and
shall
cease
all
33
activities
on
or
before
the
date
specified
in
paragraph
34
“a”
.
Unless
the
law
provides
otherwise,
all
rules
35
adopted
pertaining
to
the
program
shall
expire
on
that
36
date.
37
2.
a.
Any
unobligated
or
unexpended
appropriations
38
of
a
sunset
program
lapse
on
the
date
specified
in
39
subsection
1
and
shall
revert
to
the
general
fund
of
40
the
state
on
that
date.
41
b.
Except
as
provided
by
subsection
5
or
as
42
otherwise
provided
by
law,
all
moneys
in
a
dedicated
43
fund
of
a
program
that
is
sunset
in
accordance
with
44
this
chapter
shall
be
transferred
to
the
general
fund
45
of
the
state
on
the
date
specified
in
subsection
1.
46
Any
law
or
portion
of
a
law
dedicating
moneys
to
a
47
specific
fund
of
a
program
that
is
sunset
is
void
on
48
the
date
specified
in
subsection
1.
49
3.
Unless
the
governor
designates
an
appropriate
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agency
as
described
in
subsection
4,
the
property
and
1
records
in
the
custody
of
an
agency
administering
a
2
sunset
program
on
the
date
specified
in
subsection
3
1
shall
be
transferred
to
the
department
of
4
administrative
services.
However,
if
the
governor
5
designates
an
appropriate
agency
as
described
in
6
subsection
4,
the
property
and
records
shall
be
7
transferred
to
the
designated
agency.
8
4.
a.
In
recognition
of
the
state’s
continuing
9
obligation
to
pay
bonded
indebtedness
and
all
other
10
obligations,
including
lease,
contract,
and
other
11
written
obligations,
incurred
by
a
program
subject
to
12
sunset
in
accordance
with
this
chapter,
the
sunset
13
of
the
program
shall
not
impair
or
impede
payment
14
of
bonded
indebtedness
and
all
other
obligations,
15
including
lease,
contract,
and
other
written
16
obligations,
in
accordance
with
their
terms.
17
b.
If
an
agency
has
outstanding
bonded
indebtedness
18
or
other
outstanding
obligations
for
a
program
that
is
19
sunset,
including
lease,
contract,
or
other
written
20
obligations,
the
bonds
and
all
other
such
obligations
21
remain
valid
and
enforceable
in
accordance
with
22
their
terms
and
subject
to
all
applicable
terms
and
23
conditions
of
the
laws
and
proceedings
authorizing
the
24
bonds
and
all
other
such
obligations.
The
governor
25
shall
designate
an
appropriate
agency
to
continue
26
to
carry
out
all
covenants
contained
in
the
bonds
27
and
all
other
such
obligations,
and
the
proceedings
28
authorizing
them,
including
the
issuance
of
bonds,
29
and
the
performance
of
all
other
such
obligations
30
to
complete
the
construction
of
projects
or
the
31
performance
of
other
such
obligations.
The
designated
32
agency
shall
provide
payment
from
the
sources
of
33
payment
of
the
bonds
in
accordance
with
the
terms
of
34
the
bonds
and
shall
provide
payment
from
the
sources
of
35
payment
from
all
other
such
obligations
in
accordance
36
with
their
terms,
whether
from
taxes,
revenues,
or
37
otherwise,
until
the
bonds
and
interest
on
the
bonds
38
are
paid
in
full
and
are
performed
and
paid
in
full.
39
If
the
terms
of
the
obligation
so
provide,
all
funds
40
established
by
law
or
proceedings
authorizing
the
bonds
41
or
authorizing
other
such
obligations
shall
remain
42
with
the
treasurer
of
state
or
previously
designated
43
trustees.
If
the
proceedings
do
not
provide
that
the
44
funds
remain
with
the
treasurer
of
state
or
previously
45
designated
trustees,
the
funds
shall
be
transferred
to
46
the
designated
agency.
47
Sec.
___.
NEW
SECTION
.
4A.12
State
agencies
and
48
officers
to
provide
assistance
to
committee.
49
1.
The
committee
may
request
the
assistance
50
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7
of
agencies
and
officers
to
assist
in
gathering
1
information
pursuant
to
the
committee
objective.
2
2.
In
carrying
out
its
functions
pursuant
to
3
this
chapter,
the
committee
may
inspect
the
records,
4
documents,
and
files
of
any
agency.
5
Sec.
___.
NEW
SECTION
.
4A.13
Department
of
6
workforce
development
to
assist
displaced
employees.
7
If
an
employee
is
displaced
because
a
program
is
8
sunset,
reorganized,
or
discontinued,
the
affected
9
agency
and
the
department
of
workforce
development
10
shall
make
a
reasonable
effort
to
relocate
the
11
displaced
employee.
12
Sec.
___.
NEW
SECTION
.
4A.14
Rights
and
duties
not
13
affected
by
program
sunset.
14
Unless
otherwise
expressly
provided
by
law,
15
the
sunset
of
a
program
does
not
affect
the
rights
16
and
duties
that
matured,
penalties
incurred
or
17
imposed,
civil
or
criminal
liabilities
that
arose,
or
18
proceedings
initiated
in
connection
with
the
program
19
before
the
effective
date
of
the
program’s
sunset.
>
20
2.
By
renumbering
as
necessary.
21
______________________________
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#2.