Amend Senate File 533 as follows:
   1.  Page 33, after line 17 by inserting: 

<DIVISION ___

AUTOMATIC PROGRAM SUNSET
   Sec. ___.  NEW SECTION.  4A.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Agency” means the same as the term“department”as defined in section 8.2.
   2.  “Committee” means the fiscal committee of the legislative council created pursuant to section 2.45.
   3.  “Program” means a distinct and coherent set of activities authorized by law which affects a clearly definable target group, problem, or issue and which can be supported by appropriations through the budget process or by enactments other than appropriations, as in the case of tax credits.
   4.  “Program review criteria” means the criteria required to be considered under section 4A.8.
   5.  “Sunset” means the termination or repeal of the law authorizing a program.
   Sec. ___.  NEW SECTION.  4A.2  Short title.
   This chapter shall be known as and may be cited as the “Iowa Sunset Act”.
   Sec. ___.  NEW SECTION.  4A.3  Automatic sunset of programs.
   1.  Unless provided otherwise by law, each new program that first takes effect by law enacted on or after July 1, 2011, shall sunset six years after the program’s effective date unless reauthorized by enactment by the general assembly.
   2.  Unless a program is expressly exempted from this chapter, if the law authorizing the program is enacted on or after July 1, 2011, the law shall include a sunset clause clearly indicating the date of the program’s repeal if the program is not reauthorized by enactment by the general assembly.
   3.  Any program that is reauthorized by enactment by the general assembly pursuant to this section shall include a provision specifying that the program shall sunset at a date not more than twelve years from the effective date of the program’s reauthorization.
   4.  Unless expressly provided by law, funding shall not be expended on a program that has been sunset.
   5.
  a.  Any program to which money was appropriated prior to July 1, 2011, may at any time be subject to review of the committee by a majority vote of its members for the purpose of recommending to the general assembly its continuation or sunset.
   b.  If a program is subject to sunset, the committee shall conduct public hearings concerning but not limited to the applicability of the program review criteria to the program, and shall issue a report pursuant to section 4A.5. The committee may recommend to the general assembly by a majority vote of its members that a program under review, to which money was appropriated prior to July 1, 2011, should be sunset, continued, or reorganized. The committee shall submit such recommendation to all members of the general assembly within thirty calendar days of the vote in which such recommendation is made.
   Sec. ___.  NEW SECTION.  4A.4  Information to be reported by agencies to fiscal committee.
   Before October 30 of the calendar year in progress two years prior to the calendar year in which a state program subject to this chapter is scheduled to sunset, the agency administering the program shall report all of the following information to the committee:
   1.  Information regarding the applicability of the program review criteria to the program.
   2.  Any other information that the agency considers appropriate or that is requested by the committee.
   Sec. ___.  NEW SECTION.  4A.5  Sunset of programs —— committee —— duties of the committee —— reports.
   1.  Before September 1 of the calendar year in progress one year prior to the calendar year in which a program subject to this chapter is scheduled to sunset, the committee shall do all of the following:
   a.  Review and take action necessary to verify the reports submitted by the agency pursuant to section 4A.4.
   b.  Consult with the appropriations committee of the house of representatives, the appropriations committee of the senate, the department of management, the auditor of state, and the treasurer of state regarding the applicability of the program review criteria to the program.
   c.  Conduct a performance evaluation of the program based on the program review criteria and prepare a written report.
   2.  The written report prepared by the committee pursuant to subsection 1 shall be submitted to the general assembly with the report required under section 4A.7.
   Sec. ___.  NEW SECTION.  4A.6  Public hearings conducted for programs subject to sunset.
   1.  Between September 1 and December 1 of the calendar year in progress prior to the calendar year in which a program subject to this chapter is scheduled to sunset, the committee shall conduct public hearings concerning but not limited to the applicability of the program review criteria to the program.
   2.  Notwithstanding subsection 1, the committee may hold the public hearings prior to September 1 if the evaluation of the program required by section 4A.5 is complete and available to the public.
   Sec. ___.  NEW SECTION.  4A.7  Report on programs scheduled to be sunset —— auditor report.
   1.  At the beginning of each regular session of the general assembly, the committee shall present to the general assembly and the governor a report on the programs scheduled to be sunset. In the report, the committee shall include all of the following:
   a.  The committee’s specific findings regarding each of the program criteria.
   b.  The committee’s recommendations, as specified by section 4A.3.
   c.  Recommendations on the sunset, continuation, or reorganization of each affected program and on the need for the performance of the functions of the program.
   d.  Recommendations on the consolidation, transfer, or reorganization of programs within agencies not under review if the programs duplicate functions performed by programs under review.
   e.  Recommendations as to the appropriate appropriation levels for each program for which sunset or reorganization is recommended pursuant to this subsection.
   f.  Draft legislation necessary to carry out the committee’s recommendations pursuant to this subsection.
   g.  Any other information the committee deems necessary for a complete evaluation of the program.
   2.  On the date the committee presents its report to the general assembly pursuant to subsection 1, the committee shall present to the auditor of state the committee’s recommendations that do not require a statutory change to be put into effect. The auditor of state shall examine the recommendations and shall prepare, as part of the next scheduled audit of the program, a report on the manner in which the agency has implemented the committee’s recommendations.
   Sec. ___.  NEW SECTION.  4A.8  Criteria considered by committee.
   The committee shall consider all of the following criteria in determining whether a public need exists for the continuation of a program, or for the performance of the functions of the program:
   1.  The program’s operating efficiency.
   2.  An identification of the objectives intended for the program and the problem or need that the program was intended to address, the extent to which the objectives have been achieved, and any activities of the agency in addition to those granted by statute and the authority for such activities.
   3.  An assessment of less restrictive or alternative methods of protecting the public in lieu of any existing rule or regulation applied by the agency.
   4.  The extent to which the jurisdiction of the agency and the programs administered by the agency overlap or duplicate those of other agencies and the extent to which the programs administered by the agency can be consolidated with the programs of other agencies.
   5.  An assessment of the extent to which the agency has recommended to the general assembly statutory changes calculated to be of benefit to the public rather than to an occupation, business, or institution that the agency regulates.
   6.  An evaluation of the promptness and effectiveness with which the agency disposes of complaints concerning persons affected by the program.
   7.  An assessment of the extent to which the agency has encouraged participation by the public in making rules and decisions as opposed to participation solely by those it regulates and the extent to which the public participation has resulted in rules compatible with the objectives of the program.
   8.  The extent to which the agency has complied with applicable requirements of all of the following:
   a.  An agency of the United States or this state regarding equality of employment opportunity and the rights and privacy of individuals.
   b.  State law and applicable rules of any agency regarding purchasing goals and programs for historically underutilized businesses, including but not limited to the goals for small businesses and targeted small businesses in this state under section 73.16.
   9.  The extent to which changes are necessary in the enabling statutes of the program so that the agency can adequately comply with the criteria established in this section.
   10.  The extent to which the agency issues and enforces rules relating to potential conflicts of interest of its employees.
   11.  The extent to which the agency complies with chapter 22 and follows records management practices that enable the agency to respond efficiently to requests for public information.

   12.  The effect of federal intervention or loss of federal funds if the program is sunset.
   Sec. ___.  NEW SECTION.  4A.9  Exemption for certain agencies.
   1.  In the two-year period preceding the date scheduled for the sunset of a program in accordance with this chapter, the committee may exempt the program from the requirements of this chapter relating to staff reports, hearings, and evaluations. The committee shall only exempt a program that has been inactive for a period of two years preceding the date the program is scheduled to sunset.
   2.  The committee’s action in exempting a program pursuant to this section requires an affirmative record vote of all members of the committee.
   Sec. ___.  NEW SECTION.  4A.10  Activities of the general assembly not restricted.
   This chapter does not restrict the general assembly from doing any of the following:
   1.  Terminating a program at a date earlier than required in accordance with this chapter.
   2.  Considering any other legislation relative to a program subject to this chapter.
   Sec. ___.  NEW SECTION.  4A.11  Duration of sunset program —— procedures for terminated programs.
   1.
  a.  A program that is sunset may continue in existence to conclude its business until September 1 of the fiscal year following the fiscal year in which the program was sunset. Unless the law provides otherwise, the sunset of a program does not reduce or otherwise limit the powers and authority of the agency during the concluding year.
   b.  A program is terminated and shall cease all activities on or before the date specified in paragraph “a”. Unless the law provides otherwise, all rules adopted pertaining to the program shall expire on that date.
   2.
  a.  Any unobligated or unexpended appropriations of a sunset program lapse on the date specified in subsection 1 and shall revert to the general fund of the state on that date.
   b.  Except as provided by subsection 5 or as otherwise provided by law, all moneys in a dedicated fund of a program that is sunset in accordance with this chapter shall be transferred to the general fund of the state on the date specified in subsection 1. Any law or portion of a law dedicating moneys to a specific fund of a program that is sunset is void on the date specified in subsection 1.
   3.  Unless the governor designates an appropriate agency as described in subsection 4, the property and records in the custody of an agency administering a sunset program on the date specified in subsection 1 shall be transferred to the department of administrative services. However, if the governor designates an appropriate agency as described in subsection 4, the property and records shall be transferred to the designated agency.
   4.
  a.  In recognition of the state’s continuing obligation to pay bonded indebtedness and all other obligations, including lease, contract, and other written obligations, incurred by a program subject to sunset in accordance with this chapter, the sunset of the program shall not impair or impede payment of bonded indebtedness and all other obligations, including lease, contract, and other written obligations, in accordance with their terms.
   b.  If an agency has outstanding bonded indebtedness or other outstanding obligations for a program that is sunset, including lease, contract, or other written obligations, the bonds and all other such obligations remain valid and enforceable in accordance with their terms and subject to all applicable terms and conditions of the laws and proceedings authorizing the bonds and all other such obligations. The governor shall designate an appropriate agency to continue to carry out all covenants contained in the bonds and all other such obligations, and the proceedings authorizing them, including the issuance of bonds, and the performance of all other such obligations to complete the construction of projects or the performance of other such obligations. The designated agency shall provide payment from the sources of payment of the bonds in accordance with the terms of the bonds and shall provide payment from the sources of payment from all other such obligations in accordance with their terms, whether from taxes, revenues, or otherwise, until the bonds and interest on the bonds are paid in full and are performed and paid in full. If the terms of the obligation so provide, all funds established by law or proceedings authorizing the bonds or authorizing other such obligations shall remain with the treasurer of state or previously designated trustees. If the proceedings do not provide that the funds remain with the treasurer of state or previously designated trustees, the funds shall be transferred to the designated agency.
   Sec. ___.  NEW SECTION.  4A.12  State agencies and officers to provide assistance to committee.
   1.  The committee may request the assistance of agencies and officers to assist in gathering information pursuant to the committee objective.
   2.  In carrying out its functions pursuant to this chapter, the committee may inspect the records, documents, and files of any agency.
   Sec. ___.  NEW SECTION.  4A.13  Department of workforce development to assist displaced employees.
   If an employee is displaced because a program is sunset, reorganized, or discontinued, the affected agency and the department of workforce development shall make a reasonable effort to relocate the displaced employee.
   Sec. ___.  NEW SECTION.  4A.14  Rights and duties not affected by program sunset.
   Unless otherwise expressly provided by law, the sunset of a program does not affect the rights and duties that matured, penalties incurred or imposed, civil or criminal liabilities that arose, or proceedings initiated in connection with the program before the effective date of the program’s sunset.>
   2.  By renumbering as necessary.

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SHAWN HAMERLINCK