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 50 -1- SF533.3022 (2) 84 tm/jp 1/ 7 #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 50 -2- SF533.3022 (2) 84 tm/jp 2/ 7
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 50 -3- SF533.3022 (2) 84 tm/jp 3/ 7
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. 50 -4- SF533.3022 (2) 84 tm/jp 4/ 7
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 50 -5- SF533.3022 (2) 84 tm/jp 5/ 7
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 -6- SF533.3022 (2) 84 tm/jp 6/ 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 ______________________________ SHAWN HAMERLINCK -7- SF533.3022 (2) 84 tm/jp 7/ 7 #2.