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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DAVIDSON, CALTAGIRONE, COHEN, GIBBONS, GOODMAN, HORNAMAN, JOSEPHS, KORTZ, MIRABITO, SWANGER, WHEATLEY AND WHITE, APRIL 8, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 8, 2011 |
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| AN ACT |
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1 | Establishing the Commission on Realignment and Restructuring of |
2 | State Government within the Office of the Governor; and |
3 | providing for the composition, powers and duties and |
4 | expiration of the commission. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Short title. |
8 | This act shall be known and may be cited as the State |
9 | Government Realignment and Restructuring Act. |
10 | Section 2. Definitions. |
11 | The following words and phrases when used in this act shall |
12 | have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Commission." The Commission on the Realignment and |
15 | Restructuring of State Government established by this act. |
16 | "Core function." The programs and services that represent an |
17 | agency's governmental function or reason for existing, including |
18 | any function, obligation or responsibility that may be |
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1 | enumerated in the Constitution of Pennsylvania, an act of the |
2 | General Assembly or an executive order. |
3 | "Executive agency" or "agency." Any office, officer, |
4 | department, authority, board, council or commission of the |
5 | executive department which is subject to the policy, supervision |
6 | and control of the Governor whether created by the Constitution |
7 | of Pennsylvania, an act of the General Assembly or an executive |
8 | order. |
9 | "Executive department." |
10 | (1) The term shall include: |
11 | (i) The Governor's Office. |
12 | (ii) Executive agencies. |
13 | (iii) The Office of Attorney General, the Department |
14 | of the Auditor General and the Treasury Department. |
15 | (iv) An organization established by the Constitution |
16 | of Pennsylvania, an act of the General Assembly or an |
17 | executive order that performs or is intended to perform a |
18 | core function. |
19 | (2) The term shall not include an independent agency or |
20 | a State-affiliated entity. |
21 | "Government" or "State government." The executive department |
22 | of State government of this Commonwealth. |
23 | "Secretaries." The Secretary of Revenue, the Secretary of |
24 | the Budget and the Secretary of Administration. |
25 | Section 3. Establishment and purpose. |
26 | The Commission on State Government Realignment and |
27 | Reallocation is established within the Governor's Office. The |
28 | purpose of the commission shall be to conduct a comprehensive |
29 | analysis and evaluation of core functions of the executive |
30 | agencies of the executive department, including an analysis and |
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1 | evaluation of all core functions and delivery methods for the |
2 | purpose of: |
3 | (1) Identifying opportunities for creating efficiencies |
4 | in State government, including, but not limited to, |
5 | streamlining, consolidating or eliminating redundant, |
6 | duplicative and unnecessary core functions, agencies and |
7 | regulations. |
8 | (2) Exploring and recommending innovative systems or |
9 | approaches for delivering core functions at the lowest cost- |
10 | effective value. |
11 | (3) Identifying systems, processes or ways to more |
12 | effectively perform or provide core functions, including |
13 | potential privatization of specific government operations. |
14 | (4) Studying and making recommendations for |
15 | strengthening integrity and making State government |
16 | transparent, responsive, accountable and user-friendly to and |
17 | for the citizens of this Commonwealth. |
18 | (5) Promoting the delivery of core functions fairly, |
19 | effectively, impartially and courteously to the citizens of |
20 | this Commonwealth with sensitivity to the diversity of the |
21 | people of this Commonwealth. |
22 | (6) Identifying and recommending innovative systems and |
23 | processes for place-based delivery of core functions that |
24 | could be achieved either through one-stop shops that deliver |
25 | a range of specific core functions in one customer-friendly |
26 | location or through other innovative initiatives. |
27 | (7) Promoting public participation through an inclusive |
28 | approach to policy development and implementation. |
29 | (8) Making recommendations for reforming policies and |
30 | procedures to allow better use and exploitation of technology |
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1 | for the delivery of specific core functions. |
2 | (9) Identifying procedures which can be used to evaluate |
3 | the effectiveness of government spending and which will |
4 | enable agencies to be more adaptable in realigning spending |
5 | with emerging government priorities. |
6 | Section 4. Composition, qualifications and operation of |
7 | commission. |
8 | (a) Composition.--The commission shall consist of |
9 | individuals who by profession, education, experience or civic |
10 | affiliation have a broad mix of public policy, finance and |
11 | business experience. Members of the commission shall be |
12 | appointed as follows: |
13 | (1) Four legislative appointees as follows: |
14 | (i) One individual appointed by the President pro |
15 | tempore of the Senate. |
16 | (ii) One individual appointed by the Minority Leader |
17 | of the Senate. |
18 | (iii) One individual appointed by the Speaker of the |
19 | House of Representatives. |
20 | (iv) One individual appointed by the Minority Leader |
21 | of the House of Representatives. |
22 | None of the individuals appointed under this paragraph shall |
23 | be members of the General Assembly or their staff or a |
24 | relative of a member of the General Assembly. |
25 | (2) Seven public members appointed by the Governor. The |
26 | following shall apply to appointments under this paragraph: |
27 | (i) Only one individual may be a member of the |
28 | Pennsylvania bar. |
29 | (ii) Four individuals must be recommended by a |
30 | business organization, civic organization, public safety |
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1 | organization and labor organization. |
2 | (iii) No more than four individuals shall be |
3 | registered or affiliated with the same political party. |
4 | (iv) None of the individuals shall be a member of |
5 | the Governor's staff, a member of the Governor's cabinet, |
6 | a relative of the Governor or the Governor's staff or a |
7 | cabinet member. |
8 | (v) No individual shall be a registered lobbyist. |
9 | (vi) At least two appointees shall be college |
10 | students enrolled in an institution of the State System |
11 | of Higher Education or a State-related institution of |
12 | higher education in this Commonwealth. |
13 | (3) The following shall apply to appointments made under |
14 | paragraph (2): |
15 | (i) Within 30 days of the effective date of this |
16 | section, the Governor shall cause a notice to be placed |
17 | in at least one newspaper in each county of this |
18 | Commonwealth and in the Pennsylvania Bulletin alerting |
19 | organizations described under paragraph (2) that they may |
20 | submit a letter of interest to be included in the process |
21 | of appointing public members to the commission. The |
22 | notice shall describe the details of the appointment |
23 | process and qualifications for appointment pursuant to |
24 | subsection (b). The notice shall also be posted on the |
25 | Governor's Internet website. |
26 | (ii) An organization described under paragraph (2) |
27 | that desires to recommend an individual to serve on the |
28 | commission shall submit a letter of interest to the |
29 | Governor within 15 days of publication of the notice in |
30 | the Pennsylvania Bulletin. The letter of interest shall |
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1 | include: |
2 | (A) The name and address of the organization and |
3 | the name and telephone number or electronic mail |
4 | address of a contact person. |
5 | (B) The name, address, contact information, |
6 | including electronic mail address, and political |
7 | affiliation of at least three individuals recommended |
8 | by the organization for appointment to the commission |
9 | and a summary of each individual's professional |
10 | expertise in public policy, business or finance which |
11 | qualifies him for selection. |
12 | (C) Within 10 days following receipt of the |
13 | names of the individuals submitted by organizations |
14 | under clause (B), the Governor shall publicly draw |
15 | lots from each of the categories of organizations to |
16 | determine who shall serve as the public members of |
17 | the commission from each category, provided, however, |
18 | that the section of individuals to serve as public |
19 | members in accordance with this subparagraph shall be |
20 | subject to the requirements of paragraph (2)(iii). |
21 | (D) Notwithstanding subsection (d)(3), the |
22 | selection process provided in this paragraph shall be |
23 | used to fill a vacancy or replace a member who |
24 | resigns from or declines an appointment to the |
25 | commission under subsection (a)(2). |
26 | (4) For the purposes of paragraphs (1) and (2), a |
27 | relative shall include a spouse, child or stepchild, mother, |
28 | father, grandmother or grandfather, sister or brother, |
29 | stepsister or stepbrother or aunt or uncle. |
30 | (b) Qualifications of members.-- |
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1 | (1) All individuals appointed to the commission shall |
2 | have been residents of this Commonwealth for at least two |
3 | years prior to appointment to the commission. |
4 | (2) All individuals appointed to the commission shall be |
5 | 18 years of age or older as of the date of their appointment |
6 | and shall be registered voters. |
7 | (3) During an individual's term of appointment as a |
8 | member of the commission, the individual shall not hold an |
9 | office in any political party or political organization or |
10 | hold any elected or appointed public office, compensated or |
11 | uncompensated. |
12 | (4) No individual who is a registered lobbyist shall be |
13 | appointed as a member of the commission. |
14 | (5) In making appointments to the commission, an |
15 | appointing authority shall assure that an individual |
16 | appointed is representative of and reflects the age, gender, |
17 | ethnic and geographic diversity of this Commonwealth. |
18 | (c) Ex officio members.--The Auditor General, the Attorney |
19 | General, the State Treasurer and the secretaries shall serve as |
20 | ex officio, nonvoting members of the commission. |
21 | (d) Appointments, terms of office, removal and vacancies.-- |
22 | (1) Each appointing authority shall make his or her |
23 | initial appointment to the commission within 60 days of the |
24 | effective date of this section. |
25 | (2) Individuals appointed to the commission shall serve |
26 | at the pleasure of their appointing authorities and may only |
27 | be removed by the appointing authority for the following |
28 | reasons: |
29 | (i) A violation of the commission's rules governing |
30 | the conduct of members. |
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1 | (ii) The individual no longer meets the |
2 | qualifications for appointment under subsection (b). |
3 | (iii) Just cause as determined by the appointing |
4 | authority. |
5 | (3) The appropriate appointing authority shall appoint |
6 | an individual to the commission to fill a vacancy or to |
7 | replace a member who resigns from or declines an initial |
8 | appointment, provided that any individual appointed to fill a |
9 | vacancy shall be subject to the qualifications under |
10 | subsection (b). An appointment to fill a vacancy shall be |
11 | effective immediately. |
12 | (e) Operations of the commission.-- |
13 | (1) The members of the commission shall choose a |
14 | chairperson, vice chairperson or other officer as determined |
15 | by the commission from among its membership. |
16 | (2) The Governor shall convene the initial meeting of |
17 | the commission no later than 30 days after all members have |
18 | been appointed in accordance with subsection (d)(1) and shall |
19 | preside, or appoint a designee to preside, until a |
20 | chairperson is appointed. |
21 | (3) After appointment of a chairperson, the commission |
22 | shall meet at times and places specified by the call of the |
23 | chairperson but not less than twice a month, except that a |
24 | meeting of the commission may be called by majority of the |
25 | members of the commission. |
26 | (4) The commission shall establish its own rules of |
27 | procedure to govern its operation and rules to govern the |
28 | conduct of its membership. |
29 | (5) Nine members physically present at a meeting of the |
30 | commission shall constitute a quorum for the conduct of |
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1 | business. |
2 | (6) Official action of the commission shall be |
3 | authorized by a majority vote of the members of the |
4 | commission. |
5 | (7) A member not physically present at a meeting of the |
6 | commission may participate electronically by teleconference, |
7 | video conference or by any other means of communication as |
8 | approved by rule of the commission. |
9 | (8) Members shall not be compensated for their service |
10 | as members of the commission, but shall be reimbursed for |
11 | expenses necessarily incurred and vouchered in the discharge |
12 | of their official duties in accordance with Commonwealth |
13 | policy for the reimbursement of expenses for executive |
14 | agencies under the jurisdiction of the Governor. |
15 | (f) Open meetings and Right-to-Know.--Proceedings of the |
16 | commission shall be subject to the provisions of the following: |
17 | (1) The act of February 14, 2008 (P.L.6, No.3), known as |
18 | the Right-to-Know Law. |
19 | (2) 65 Pa.C.S. Ch. 7 (relating to open meetings). |
20 | (g) Notice of proceedings.--The commission shall cause a |
21 | notice to be published in the Pennsylvania Bulletin of all |
22 | scheduled commission proceedings, including public hearings, in |
23 | accordance with 65 Pa.C.S. Ch. 7. |
24 | (h) Administrative support.--Staff support as is necessary |
25 | for the conduct of the work of the commission shall be provided |
26 | by executive agencies as the Governor may designate. |
27 | Section 5. Duties of the commission. |
28 | (a) Duties of commission.--To achieve the purposes provided |
29 | in section 3, the commission shall: |
30 | (1) Hold public hearings and work sessions. |
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1 | (2) Review budget, revenue and caseload forecasts and |
2 | estimates over the ensuing four-year period. |
3 | (3) Examine current operations and organization of the |
4 | executive department assuming no expansion of current funding |
5 | sources. |
6 | (4) Evaluate operational and organizational |
7 | restructuring possibilities to find cost savings and |
8 | efficiencies in order to maintain or enhance core functions |
9 | with fewer resources. |
10 | (5) Evaluate the core functions of the executive |
11 | department that are required by the Constitution of |
12 | Pennsylvania and the United States Constitution, and the core |
13 | functions provided by agencies of the executive department |
14 | that are essential to the health, safety and welfare of |
15 | Pennsylvanians. |
16 | (6) Analyze methods or approaches which will support an |
17 | executive agency's ability to effectively respond to complex |
18 | short-term and long-term policy challenges. |
19 | (7) Study and identify approaches to minimize or |
20 | simplify regulatory reporting and compliance requirements for |
21 | business and eliminate unnecessary or poorly defined |
22 | regulations taking into account the different capacities of |
23 | small and large businesses and compliance requirements that |
24 | impose unnecessary external regulatory cost and reporting |
25 | burden. |
26 | (b) Recommendations.-- |
27 | (1) The commission shall make recommendations for |
28 | executive orders or legislative proposals to the Governor and |
29 | the General Assembly that: |
30 | (i) Adopt methods and procedures for reducing |
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1 | executive department spending to the lowest amount |
2 | consistent with the efficient performance of essential |
3 | core functions. |
4 | (ii) Eliminate redundancies, duplication and |
5 | overlapping of core functions and wasteful practices. |
6 | (iii) Consolidate budgets and core functions of a |
7 | similar nature or with a similar mission. |
8 | (iv) Eliminate unnecessary agencies, create |
9 | necessary agencies, reorganize existing agencies and |
10 | transfer core functions and responsibilities among |
11 | agencies. |
12 | (v) Abolish core functions that are outdated or not |
13 | necessary to the efficient operation of the executive |
14 | department. |
15 | (vi) Define or redefine the duties and |
16 | responsibilities of State officers. |
17 | (vii) Streamline, consolidate or eliminate redundant |
18 | and antiquated executive agencies, core functions and |
19 | regulations. |
20 | (viii) Make agency data and information accessible |
21 | to the public. |
22 | (ix) Identify innovative approaches to collaborate |
23 | and consult with citizens, community groups and |
24 | businesses on policy and core function delivery issues. |
25 | (x) Develop a single Internet login or common |
26 | registration process to be used by executive agencies to |
27 | provide core functions, which makes better use of |
28 | technology and removes legislative and administrative |
29 | barriers to the delivery of core functions. |
30 | (2) In addition to the requirements of paragraph (1), |
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1 | the commission shall make recommendations for executive |
2 | orders and legislative proposals to the Governor and the |
3 | General Assembly regarding: |
4 | (i) development of measurable outcomes for each of |
5 | the recommended core functions of executive agencies; |
6 | (ii) methods for setting priorities among executive |
7 | agency core functions based on how effectively and |
8 | efficiently each agency will address core functions; and |
9 | (iii) development of a mission statement by each |
10 | executive agency, a description of the actions and |
11 | priorities necessary to accomplish the agency's mission |
12 | and a process or approach for submitting biennial budget |
13 | requests which reflect the mission and priorities. |
14 | (e) Responsibilities of agencies.--Each executive agency |
15 | shall assist the commission in the performance of its duties |
16 | under this act and, to the extent permitted by law relating to |
17 | confidentiality, furnish such information and advice as the |
18 | members of the commission consider necessary to perform their |
19 | duties. |
20 | (f) Reports.--The commission shall submit an initial report |
21 | of its findings and recommendations to the Governor and General |
22 | Assembly not later than December 31, 2011. Subsequent reports |
23 | shall be submitted every six months thereafter. |
24 | Section 6. Expiration. |
25 | This act shall expire January 1, 2016, unless sooner |
26 | reenacted by the General Assembly. |
27 | Section 7. Effective date. |
28 | This act shall take effect immediately. |
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