Subdivision 1. Application of section. The provisions of this section apply whenever the responsibilities of an agency are transferred by law to another agency unless the act directing the transfer provides otherwise. The term "responsibilities" includes powers, duties, rights, obligations, and other authority imposed by law on an agency. The term "new agency" means the agency to which responsibilities have been transferred from another agency.
Subd. 2. In general. The new agency is a continuation of the former agency as to those matters within the jurisdiction of the former agency that are transferred to the new agency. Following a transfer the new agency shall carry out the assigned responsibilities as though the responsibilities of the former agency had not been transferred. A transfer is not a new authority for the purpose of succession to all responsibilities of the former agency as constituted at the time of the transfer.
Subd. 3. Rules. All rules adopted pursuant to responsibilities that are transferred to another agency remain effective and shall be enforced until amended or repealed in accordance with law by the new agency. Any rulemaking authority that existed to implement the responsibilities that are transferred is transferred to the new agency.
Subd. 4. Court actions. Any proceeding, court action, prosecution, or other business or matter pending on the effective date of a transfer of responsibilities may be conducted and completed by the new agency in the same manner under the same terms and conditions, and with the same effect, as though it involved or were commenced and conducted or completed by the former agency prior to the transfer.
Subd. 5. Contracts; records. The agency whose responsibilities are transferred shall give all contracts, books, maps, plans, papers, records, and property of every description relating to the transferred responsibilities and within its jurisdiction or control to the new agency. The new agency shall accept the material presented. The transfer shall be made in accordance with the directions of the new agency.
Subd. 5a. Obligations. The new agency is the legal successor in all respects of the agency whose responsibilities are transferred. The bonds, resolutions, contracts, and liabilities of the agency whose responsibilities are transferred become the bonds, resolutions, contracts, and liabilities of the new agency.
Subd. 6. Unexpended funds. The unexpended balance of any appropriation to an agency for the purposes of any responsibilities that are transferred to another agency are reappropriated under the same conditions as the original appropriation to the new agency effective on the date of the transfer of responsibilities. If the responsibilities are transferred to more than one agency, the commissioner of management and budget shall allocate any unexpended appropriation to the agencies affected. The new agencies shall pay all valid claims presented against those appropriations.
Subd. 7. Personnel. All classified and unclassified positions associated with the responsibilities being transferred are transferred with their incumbents to the new agency. The approved complement for the agency whose responsibilities are being transferred is decreased accordingly. The approved complement for the new agency is increased accordingly. Personnel changes are effective on the date of transfer of responsibilities. Nothing in this subdivision shall be construed as abrogating or modifying any rights now enjoyed by affected employees under the managerial or commissioner's plan under section 43A.18 or the terms of an agreement between an exclusive representative of public employees and the state or one of its appointing authorities.
Subd. 8. Transfer of property; sales tax. All transfers of motor vehicles or other tangible personal property between agencies or political subdivisions under this section are exempt from the motor vehicle sales tax under chapter 297B and the general sales tax under chapter 297A.
1981 c 253 s 2; 1983 c 289 s 1; 1987 c 386 art 5 s 1; 1995 c 264 art 2 s 1; 2009 c 101 art 2 s 109
Structure Minnesota Statutes
Chapters 14 - 15A — State Agencies
Chapter 15 — State Agencies In General
Section 15.001 — Application Of Laws 2005, Chapter 56, Terminology Changes.
Section 15.01 — Departments Of The State.
Section 15.012 — State Agencies; Designation By Type.
Section 15.014 — Advisory Task Forces.
Section 15.0145 — Ethnic Councils.
Section 15.039 — Effect Of Transfer Of Powers Among Agencies.
Section 15.0395 — Interagency Agreements And Intra-agency Transfers.
Section 15.053 — Use Of The National Guard Education Center At Camp Ripley.
Section 15.054 — Sale Or Purchase Of State Property; Penalty.
Section 15.057 — Publicity Representatives.
Section 15.061 — Professional Or Technical Services.
Section 15.063 — Biennial Reports; Submission.
Section 15.066 — Confirmation Of Appointments.
Section 15.08 — Commissioners Of Management And Budget And Administration; Access To Records.
Section 15.082 — Obligations Of Public Corporations.
Section 15.10 — Records Delivered To Department Heads.
Section 15.16 — Transfer Of Lands Between Departments.
Section 15.161 — Acceptance Of Federal Lands Or Buildings; Consultation With Legislative Committees.
Section 15.17 — Official Records.
Section 15.18 — Distribution Of Publications.
Section 15.185 — Mailing Lists.
Section 15.191 — Imprest Cash Funds.
Section 15.31 — State Employees, Liability Insurance, Payment Of Premiums.
Section 15.38 — Noninsurance Of State Property; Exceptions.
Section 15.39 — Employment And Economic Development Department Buildings.
Section 15.40 — Lack Of Care In Keeping State Property Safe From Fire Loss, Nonfeasance In Office.
Section 15.41 — Construction Permits, Requisites.
Section 15.411 — Public Works Contracts; No Damages For Delay Clauses.
Section 15.415 — Corrections In Transactions, Waiver.
Section 15.43 — Acceptance Of Advantage By State Employee; Penalty.
Section 15.435 — Airline Travel Credit.
Section 15.44 — Aids For Persons With Disabilities At State Meetings.
Section 15.441 — Communications Services.
Section 15.60 — Public Safety Officers; American Flag.
Section 15.61 — Employment Of Unemployed And Underemployed Persons.
Section 15.62 — Athletic Leave Of Absence.
Section 15.71 — Public Contracts; Definitions.
Section 15.72 — Progress Payments On Public Contracts; Retainage.
Section 15.73 — Alternative Form Of Retainage.
Section 15.74 — Exceptions To Application.
Section 15.75 — Contracts With Regional Organizations.
Section 15.85 — Discipline For Racial Harassment.
Section 15.86 — State Agency Actions.
Section 15.87 — Victims Of Violence.
Section 15.97 — Information And Telecommunications Institute.
Section 15.98 — Indoor Ice Facilities.
Section 15.985 — Advisory Inspections.
Section 15.0575 — Administrative Boards And Agencies.
Section 15.058 — Licensing Board Members, Compensation, Terms, Removal, Reports.
Section 15.059 — Advisory Councils And Committees.
Section 15.0591 — Representative Of Older Population.
Section 15.0593 — Agencies Created By Executive Order.
Section 15.0594 — Commissioner's Approval Required.
Section 15.0595 — Compensation And Per Diem; Source Of Funds.
Section 15.0596 — Additional Compensation From Contingent Fund Prohibited.
Section 15.0597 — Appointments To Multimember Agencies.
Section 15.0598 — Exceptions To Open Appointments.
Section 15.0599 — Registration Of Multimember Agencies.
Section 15.06 — Appointment Of Department Heads; Terms; Deputies.
Section 15.46 — Preventive Health Services For Public Employees.
Section 15.472 — Fees And Expenses; Civil Action Or Contested Case Proceeding Involving State.
Section 15.473 — Payment Of Costs And Fees.
Section 15.474 — Procedure For Award Of Fees; Contested Case.
Section 15.51 — Declaration Of Policy.
Section 15.53 — Authority To Interchange Employees.
Section 15.54 — Status Of Employees Of This State.
Section 15.55 — Travel Expenses Of Employees Of This State.
Section 15.56 — Status Of Employees Of Other Governments.
Section 15.57 — Travel Expenses Of Employees Of Other Governments.
Section 15.58 — Agreements Between Federal And Receiving Agencies.
Section 15.59 — Employee Interchange Between State And Private Industry.
Section 15.99 — Time Deadline For Agency Action.
Section 15.991 — Customer Service.