PRINTER'S NO. 835
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
712
Session of
2015
INTRODUCED BY DAVIDSON, COHEN, THOMAS AND McNEILL, MARCH 4, 2015
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 4, 2015
AN ACT
Establishing the Commission on Realignment and Restructuring of
State Government within the Office of the Governor; and
providing for the composition, powers and duties and
expiration of the commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the State
Government Realignment and Restructuring Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." An office, officer, department, authority, board,
council or commission of the executive department which is
subject to the policy, supervision and control of the Governor
whether created by the Constitution of Pennsylvania, an act of
the General Assembly or an executive order.
"Commission." The Commission on Realignment and
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Restructuring of State Government established by this act.
"Core function." The programs and services that represent an
agency's governmental function or reason for existing, including
a function, obligation or responsibility that may be enumerated
in the Constitution of Pennsylvania, an act of the General
Assembly or an executive order.
"Executive department."
(1) The term includes:
(i) The Governor's Office.
(ii) Executive agencies.
(iii) The Office of Attorney General, the Department
of the Auditor General and the Treasury Department.
(iv) An organization established by the Constitution
of Pennsylvania, an act of the General Assembly or an
executive order that performs or is intended to perform a
core function.
(2) The term does not include an independent agency or a
State-affiliated entity.
"Government." The executive department of State government
of this Commonwealth.
"Secretaries." The Secretary of Revenue, the Secretary of
the Budget and the Secretary of Administration.
Section 3. Establishment and purpose.
The Commission on Realignment and Restructuring of State
Government is established within the Governor's Office. The
purpose of the commission shall be to conduct a comprehensive
analysis and evaluation of core functions of each agency,
including an analysis and evaluation of all core functions and
delivery methods for the purpose of:
(1) Identifying opportunities for creating efficiencies
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in government, including streamlining, consolidating or
eliminating redundant, duplicative and unnecessary core
functions, agencies and regulations.
(2) Exploring and recommending innovative systems or
approaches for delivering core functions at the lowest cost-
effective value.
(3) Identifying systems, processes or ways to more
effectively perform or provide core functions, including
potential privatization of specific government operations.
(4) Studying and making recommendations for
strengthening integrity and making government transparent,
responsive, accountable and user-friendly to and for the
citizens of this Commonwealth.
(5) Promoting the delivery of core functions fairly,
effectively, impartially and courteously to the citizens of
this Commonwealth with sensitivity to the diversity of the
people of this Commonwealth.
(6) Identifying and recommending innovative systems and
processes for place-based delivery of core functions that
could be achieved either through one-stop shops that deliver
a range of specific core functions in one customer-friendly
location or through other innovative initiatives.
(7) Promoting public participation through an inclusive
approach to policy development and implementation.
(8) Making recommendations for reforming policies and
procedures to allow better use and exploitation of technology
for the delivery of specific core functions.
(9) Identifying procedures which can be used to evaluate
the effectiveness of government spending and which will
enable agencies to be more adaptable in realigning spending
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with emerging government priorities.
Section 4. Composition, qualifications and operation of
commission.
(a) Composition.--The commission shall consist of 11
individuals who by profession, education, experience or civic
affiliation have a broad mix of public policy, finance and
business experience. Members of the commission shall be
appointed as follows:
(1) Four legislative appointees as follows:
(i) One individual appointed by the President pro
tempore of the Senate.
(ii) One individual appointed by the Minority Leader
of the Senate.
(iii) One individual appointed by the Speaker of the
House of Representatives.
(iv) One individual appointed by the Minority Leader
of the House of Representatives.
Individuals appointed under this paragraph may not be members
of the General Assembly or their staff or a relative of a
member of the General Assembly.
(2) Seven public members appointed by the Governor. The
following shall apply to appointments under this paragraph:
(i) Only one individual may be a member of the
Pennsylvania bar.
(ii) Four individuals must be recommended by a
business organization, civic organization, public safety
organization or labor organization.
(iii) No more than four individuals shall be
registered or affiliated with the same political party.
(iv) An individual may not be a member of the
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Governor's staff, a member of the Governor's cabinet, a
relative of the Governor or the Governor's staff or a
cabinet member.
(v) An individual may not be a registered lobbyist.
(vi) At least two appointees shall be college
students enrolled in an institution of the State System
of Higher Education or a State-related institution of
higher education in this Commonwealth.
(3) The following shall apply to appointments made under
paragraph (2):
(i) Within 30 days of the effective date of this
section, the Governor shall place a notice in at least
one newspaper in each county of this Commonwealth and in
the Pennsylvania Bulletin alerting organizations
described under paragraph (2) that they may submit a
letter of interest to be included in the process of
appointing public members to the commission. The notice
shall describe the details of the appointment process and
qualifications for appointment under subsection (b). The
notice shall also be posted on the Governor's Internet
website.
(ii) An organization described under paragraph (2)
with an interest in recommending an individual to serve
on the commission shall submit a letter of interest to
the Governor within 15 days of publication of the notice
in the Pennsylvania Bulletin. The letter of interest
shall include:
(A) The name and address of the organization and
the name and telephone number or electronic mail
address of a contact person.
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(B) The name, address, contact information,
including electronic mail address, and political
affiliation of at least three individuals recommended
by the organization for appointment to the commission
and a summary of each individual's professional
expertise in public policy, business or finance which
qualifies him for selection.
(C) Within 10 days following receipt of the
names of the individuals submitted by organizations
under clause (B), the Governor shall publicly draw
lots from each of the categories of organizations to
determine who shall serve as the public members of
the commission from each category. The section of
individuals to serve as public members in accordance
with this subparagraph shall be subject to the
requirements of paragraph (2)(iii).
(D) Notwithstanding subsection (d)(3), the
selection process provided in this paragraph shall be
used to fill a vacancy or replace a member who
resigns from or declines an appointment to the
commission under paragraph (2).
(4) For the purposes of paragraphs (1) and (2), a
relative shall include a spouse, child or stepchild, mother,
father, grandmother or grandfather, sister or brother,
stepsister or stepbrother or aunt or uncle.
(b) Qualifications of members.--
(1) Each individual appointed to the commission shall
have been a resident of this Commonwealth for at least two
years prior to appointment to the commission.
(2) Each individual appointed to the commission shall be
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18 years of age or older as of the date of the appointment
and shall be a registered voter.
(3) During an individual's term of appointment as a
member of the commission, the individual may not hold an
office in a political party or political organization or hold
an elected or appointed public office, compensated or
uncompensated.
(4) In making appointments to the commission, an
appointing authority shall assure that the composition of the
group of individuals appointed is representative of and
reflects the age, gender, ethnic and geographic diversity of
this Commonwealth.
(c) Ex officio members.--The Auditor General, the Attorney
General, the State Treasurer and the secretaries shall serve as
ex officio, nonvoting members of the commission.
(d) Appointments, terms of office, removal and vacancies.--
(1) Each appointing authority shall make his or her
initial appointment to the commission within 60 days of the
effective date of this section.
(2) Individuals appointed to the commission shall serve
at the pleasure of the appointing authorities and may only be
removed by the appointing authority for the following
reasons:
(i) A violation of the commission's rules governing
the conduct of members.
(ii) The individual no longer meets the
qualifications for appointment under subsection (b).
(iii) Just cause as determined by the appointing
authority.
(3) The appropriate appointing authority shall appoint
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an individual to the commission to fill a vacancy or to
replace a member who resigns from or declines an initial
appointment, provided that an individual appointed to fill a
vacancy shall be subject to the qualifications under
subsection (b). An appointment to fill a vacancy shall be
effective immediately.
(e) Operations of the commission.--
(1) The members of the commission shall choose a
chairperson, vice chairperson or other officer as determined
by the commission from among its membership.
(2) The Governor shall convene the initial meeting of
the commission within 30 days after all members have been
appointed in accordance with subsection (d)(1) and shall
preside, or appoint a designee to preside, until a
chairperson is appointed.
(3) After appointment of a chairperson, the commission
shall meet at times and places specified by the call of the
chairperson but not less than twice a month. A meeting of the
commission may also be called by majority of the members of
the commission.
(4) The commission shall establish its own rules of
procedure to govern its operation and rules to govern the
conduct of its membership.
(5) Nine members physically present at a meeting of the
commission shall constitute a quorum for the conduct of
business.
(6) Official action of the commission shall be
authorized by a majority vote of the members of the
commission.
(7) A member not physically present at a meeting of the
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commission may participate electronically by teleconference,
video conference or by other means of communication as
approved by rule of the commission.
(8) Members shall not be compensated for their service
as members of the commission, but shall be reimbursed for
expenses necessarily incurred and vouchered in the discharge
of their official duties in accordance with Commonwealth
policy for the reimbursement of expenses for agencies under
the jurisdiction of the Governor.
(f) Open meetings and Right-to-Know.--Proceedings of the
commission shall be subject to the provisions of the following:
(1) The act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
(2) 65 Pa.C.S. Ch. 7 (relating to open meetings).
(g) Notice of proceedings.--The commission shall publish
notice in the Pennsylvania Bulletin of all scheduled commission
proceedings, including public hearings, in accordance with 65
Pa.C.S. Ch. 7.
(h) Administrative support.--Staff support as is necessary
for the conduct of the work of the commission shall be provided
by agencies as the Governor may designate.
Section 5. Duties of the commission.
(a) Duties of commission.--To achieve the purposes provided
in section 3, the commission shall:
(1) Hold public hearings and work sessions.
(2) Review budget, revenue and caseload forecasts and
estimates over the ensuing four-year period.
(3) Examine current operations and organization of the
executive department assuming no expansion of current funding
sources.
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(4) Evaluate operational and organizational
restructuring possibilities to find cost savings and
efficiencies in order to maintain or enhance core functions
with fewer resources.
(5) Evaluate the core functions of the executive
department that are required by the Constitution of
Pennsylvania and the United States Constitution, and the core
functions provided by agencies of the executive department
that are essential to the health, safety and welfare of
Pennsylvanians.
(6) Analyze methods or approaches which will support an
agency's ability to effectively respond to complex short-term
and long-term policy challenges.
(7) Study and identify approaches to minimize or
simplify regulatory reporting and compliance requirements for
business and eliminate unnecessary or poorly defined
regulations taking into account the different capacities of
small and large businesses and compliance requirements that
impose unnecessary external regulatory cost and reporting
burden.
(b) Recommendations.--
(1) The commission shall make recommendations for
executive orders or legislative proposals to the Governor and
the General Assembly that:
(i) Adopt methods and procedures for reducing
executive department spending to the lowest amount
consistent with the efficient performance of essential
core functions.
(ii) Eliminate redundancies, duplication and
overlapping of core functions and wasteful practices.
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(iii) Consolidate budgets and core functions of a
similar nature or with a similar mission.
(iv) Eliminate unnecessary agencies, create
necessary agencies, reorganize existing agencies and
transfer core functions and responsibilities among
agencies.
(v) Abolish core functions that are outdated or not
necessary to the efficient operation of the executive
department.
(vi) Define or redefine the duties and
responsibilities of State officers.
(vii) Streamline, consolidate or eliminate redundant
and antiquated agencies, core functions and regulations.
(viii) Make agency data and information accessible
to the public.
(ix) Identify innovative approaches to collaborate
and consult with citizens, community groups and
businesses on policy and core function delivery issues.
(x) Develop a single Internet login or common
registration process to be used by agencies to provide
core functions, which makes better use of technology and
removes legislative and administrative barriers to the
delivery of core functions.
(2) In addition to the requirements of paragraph (1),
the commission shall make recommendations for executive
orders and legislative proposals to the Governor and the
General Assembly regarding all of the following:
(i) Development of measurable outcomes for each of
the recommended core functions of agencies.
(ii) Methods for setting priorities among agency
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core functions based on how effectively and efficiently
each agency will address core functions.
(iii) Development of a mission statement by each
agency, a description of the actions and priorities
necessary to accomplish the agency's mission and a
process or approach for submitting biennial budget
requests which reflect the mission and priorities.
(c) Responsibilities of agencies.--Each agency shall assist
the commission in the performance of its duties under this act
and, to the extent permitted by law relating to confidentiality,
furnish information and advice as the members of the commission
consider necessary to perform their duties.
(d) Reports.--The commission shall submit an initial report
of its findings and recommendations to the Governor and General
Assembly not later than June 30, 2016. Subsequent reports shall
be submitted every six months thereafter.
Section 6. Expiration.
This act shall expire January 1, 2021, unless sooner
reenacted by the General Assembly.
Section 7. Effective date.
This act shall take effect immediately.
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