PRIOR PRINTER'S NOS. 316, 1630 PRINTER'S NO. 1754
No. 284 Session of 2007
INTRODUCED BY MARKOSEK, BENNINGHOFF, BOYD, CALTAGIRONE, FREEMAN,
GEORGE, GERGELY, GOODMAN, HERSHEY, HORNAMAN, KULA, MAHONEY,
MENSCH, MUNDY, PALLONE, SAINATO, SIPTROTH, STABACK,
R. STEVENSON, WHEATLEY, WOJNAROSKI, YOUNGBLOOD, DENLINGER,
GEIST, KORTZ AND LONGIETTI, FEBRUARY 6, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 4, 2007
AN ACT
1 Amending the act of November 24, 1992 (P.L.732, No.111),
2 entitled "An act establishing the Pennsylvania Quality
3 Leadership Awards, the Pennsylvania Quality Leadership Awards
4 Council, the Pennsylvania Quality Leadership Foundation and
5 criteria and a selection process for the awards; and
6 providing for presentation of the awards," further providing
7 for legislative findings and intent, for establishment of the
8 Pennsylvania Quality Leadership Awards KEYSTONE ALLIANCE FOR <--
9 PERFORMANCE EXCELLENCE AWARDS, for the Pennsylvania Quality <--
10 Leadership Awards KEYSTONE ALLIANCE FOR PERFORMANCE <--
11 EXCELLENCE ADVISORY Council; repealing provisions relating to
12 board of examiners and panel of judges; further providing for
13 establishment of the foundation and for awards; and repealing <--
14 provisions relating to, FOR AWARDS AND FOR restriction on <--
15 funds from Commonwealth.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Sections 2(a), 4 and (5) 5 of the act of November <--
19 24, 1992 (P.L.732, No.111), known as the Pennsylvania Quality
20 Improvement Act, are amended to read:
21 Section 2. Legislative findings and intent.
22 (a) Findings.--
1 (1) Strategic planning for quality and quality
2 improvement programs, through a commitment to excellence in
3 manufacturing and services, are becoming more and more
4 essential to the well-being of this Commonwealth's economy
5 and its ability to compete effectively in the national and
6 international marketplace.
7 (2) The concept of quality improvement is directly
8 applicable to large [and small companies, to manufacturing
9 and service industries and to the private and public
10 sectors.], medium and small businesses in manufacturing,
11 service, education, health care, nonprofit and governmental
12 industries, both public and private.
13 (3) American business and industry are beginning to
14 understand that poor quality costs companies as much as 20%
15 of sales revenues and that improved quality of goods and
16 services goes hand-in-hand with improved productivity, lower
17 costs and increased profitability.
18 (4) The public sector has been criticized for
19 inefficiency in the administration of its services. Applying
20 for these quality awards may prompt a reduction in these
21 inefficiencies.
22 (5) The Federal Government[, as well as several] and 40
23 state governments[, has] have developed quality award
24 programs to give special recognition to those enterprises
25 which have demonstrated excellence in quality and to
26 encourage quality improvement.
27 (6) A quality award program of this kind in this
28 Commonwealth would help improve quality and productivity by:
29 (i) helping to stimulate the public and private
30 sectors in this Commonwealth to improve quality and
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1 productivity;
2 (ii) recognizing the achievements of those in the
3 public and private sectors who improve the quality of
4 their goods and services and provide an example to
5 others;
6 (iii) establishing guidelines and criteria that can
7 be used by business, industrial, government and other
8 organizations in evaluating their own quality improvement
9 efforts; and
10 (iv) providing specific guidance for other
11 organizations in this Commonwealth that wish to learn how
12 to manage for high quality by making available detailed
13 information on how successful organizations were able to
14 achieve eminence.
15 * * *
16 Section 4. [Establishment of the Pennsylvania Quality
17 Leadership Awards.
18 There are hereby established:
19 (1) the Governor's Quality Leadership Award, which
20 recognizes the highest level of achievement in quality;
21 (2) the Keystone Quality Leadership Award, which
22 recognizes the next highest level of achievement in quality;
23 and
24 (3) the Kornerstone Quality Leadership Award, which
25 recognizes a significant level of achievement in quality.]
26 Adoption of the Keystone Alliance for Performance Excellence
27 Awards.
28 There are hereby adopted the Keystone Alliance for
29 Performance Excellence Awards, which recognize the highest level
30 of achievement in their categories.
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1 Section 5. [Pennsylvania Quality Leadership Awards] Keystone
2 Alliance for Performance Excellence Advisory
3 Council.
4 (a) Establishment.--There is hereby established the
5 [Pennsylvania Quality Leadership Awards] Keystone Alliance for
6 Performance Excellence Advisory Council. The council shall be a
7 board of [overseers] advisors that provide guidance and
8 recommendations for maintaining and improving Keystone Alliance
9 for Performance Excellence Awards and shall consist of the
10 following members:
11 [(1) The Lieutenant Governor.
12 (2) The Secretary of Commerce.
13 (3) The Secretary of Labor and Industry.
14 (4) A member appointed by the President pro tempore of
15 the Senate.
16 (5) A member appointed by the Speaker of the House of
17 Representatives.
18 (6) A representative from the Pennsylvania AFL-CIO.
19 (7) A representative from the Pennsylvania Chamber of
20 Business and Industry.
21 (8) A representative from the Pennsylvania Association
22 of Colleges and Universities.
23 (9) The Chairman of the Board of the Pennsylvania
24 Quality Leadership Foundation.
25 (10) Not more than 11 chief executive officers or the
26 highest ranking official of a Governor's Quality Award
27 winning organization.]
28 (1) A representative from the Governor's Office.
29 (2) The Secretary of Community and Economic Development.
30 (3) The Secretary of Labor and Industry.
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1 (4) A member appointed by the President pro tempore of
2 the Senate.
3 (5) A member appointed by the Minority Leader of the
4 Senate.
5 (6) A member appointed by the Speaker of the House of
6 Representatives.
7 (7) A member appointed by the Minority Leader of the
8 House of Representatives.
9 (8) A representative from the National Institute of
10 Standards and Technology.
11 (9) A chief executive officer or highest ranking officer
12 from a Pennsylvania Malcolm Baldrige award-winning
13 organization.
14 (10) The President of the Pennsylvania Chamber of
15 Business and Industry.
16 (11) The Chairperson of the Board of the Pennsylvania <--
17 Quality Leadership KEYSTONE ALLIANCE FOR PERFORMANCE <--
18 EXCELLENCE Foundation.
19 (12) A representative from a labor union organization.
20 (13) A president of a university, college or community
21 college in this Commonwealth.
22 (14) A REPRESENTATIVE OF THE PENNSYLVANIA ASSOCIATION OF <--
23 NONPROFIT ORGANIZATIONS.
24 (15) A REPRESENTATIVE OF THE KEYSTONE ALLIANCE FOR
25 PERFORMANCE EXCELLENCE.
26 (b) Appointment.--The members provided for in subsection
27 [(a)(6), (7), (8) and (10)] (a)(8), (9), (12) and (13) shall be
28 appointed by the Governor.
29 (c) Organization.--The council shall elect from its own
30 members a chairperson. The Chairperson of the Board of the
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1 [Pennsylvania Quality Leadership Foundation] Keystone Alliance
2 for Performance Excellence Awards shall not be eligible for this <--
3 office.
4 (d) Terms.--Appointed members of the council shall serve at
5 the pleasure of the Governor or other appointing authority
6 except for the chief executive officers and [highest ranking
7 officials] members appointed under subsection (a)(9) and (13)
8 who shall be selected by their own members and serve a single
9 term of three years.
10 (e) Powers and duties.--The council shall have the following
11 powers and its duty shall be to:
12 [(1) approve guidelines and criteria for the awards;
13 (2) approve and announce award recipients;
14 (3) select a board of examiners;
15 (4) appoint a panel of judges; and
16 (5) suggest improvements in the form or coverage of the
17 awards.]
18 (1) review guidelines for awards and recommend
19 improvements to the awards process;
20 (2) recommend strategies for advancing the mission of
21 the Keystone Alliance for Performance Excellence Awards;
22 (3) promote awareness and benefits of participation in
23 the process;
24 (4) maintain integrity of the award process; and
25 (5) recommend areas of improvement to the board of
26 directors and to the foundation.
27 Section 2. Section 6 of the act is repealed:
28 [Section 6. Board of examiners; panel of judges.
29 (a) Board of examiners.--A board of examiners shall be
30 selected annually by the council after submission and receipt of
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1 the requisite applications. The board of examiners shall consist
2 of quality experts selected on the basis of expertise,
3 experience and peer recognition. The board of examiners shall
4 review the applications received from the submitting
5 organizations. A site visit may be required to verify the level
6 of quality claimed. The examination shall encompass all of the
7 organization's current practice of quality management, as well
8 as the organization's provision for quality management in its
9 future goals.
10 (b) Panel of judges.--A panel of judges shall be appointed
11 annually by the council from members of the board of examiners.
12 The panel of judges shall review the findings and
13 recommendations of the board of examiners at each stage of the
14 evaluation process and recommend award recipients to the council
15 for its approval.]
16 Section 3. Sections 7 and 8(c), 8(C) AND 11 of the act are <--
17 amended to read:
18 Section 7. Establishment of the foundation.
19 (a) Establishment.--There is hereby established the
20 [Pennsylvania Quality Leadership] Keystone Alliance for
21 Performance Excellence Awards Foundation, which shall be <--
22 organized as a nonprofit organization pursuant to the provisions
23 of section 501(c)(3) of the Internal Revenue Code of 1986
24 (Public Law 99-514, 26 U.S.C. § 1 et seq.).
25 (b) Board of directors.--The foundation shall be managed by
26 a board of directors consisting of the following members:
27 (1) the [President] Executive Director of the
28 [Pennsylvania Quality Leadership Foundation] Keystone
29 Alliance for Performance Excellence Awards; <--
30 (2) [fifteen representatives from businesses;]
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1 representatives from both the public and private sectors in
2 government, manufacturing, service, education, health care,
3 technology and community development organizations recognized
4 Statewide or nationally for their work in continuous quality
5 improvement;
6 (3) three representatives from educational institutions;
7 [and]
8 (4) two representatives from economic development
9 organizations[.]; and
10 (5) two representatives of the Pennsylvania Association
11 of Nonprofit Organizations.
12 (c) Organization.--The board of directors shall [elect from
13 its own membership a chairperson. The board of directors shall
14 appoint the President of the Pennsylvania Quality Leadership
15 Foundation. The President] be appointed by the advisory council
16 and shall elect from its own membership a chairperson. Upon the
17 term limitation of each member of the board, the council shall
18 appoint new members to the foundation. The Executive Director of
19 the [Pennsylvania Quality Leadership Foundation] Keystone
20 Alliance for Performance Excellence shall not be eligible for
21 this office.
22 (d) Terms.--Except for the president of the foundation,
23 members may serve a maximum of two three-year terms.
24 (e) Powers and duties.--The foundation shall have the
25 following powers and its duty shall be to:
26 [(1) develop and recommend for approval by the council
27 guidelines and criteria for the awards;
28 (2) solicit and receive funds from public and private
29 sources for the purpose of financing the awards program;
30 (3) impose fees upon organizations applying for the
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1 awards;
2 (4) organize a marketing and publicity campaign for the
3 awards program;
4 (5) provide information about the awards and the
5 successful quality improvement strategies and programs of
6 award-winning participants to all interested persons and
7 organizations;
8 (6) support and promote training and education programs
9 to enhance management and workforce attitudes toward and
10 commitment to quality;
11 (7) promote and support any research program or other
12 activity which will encourage and enhance quality achievement
13 in this Commonwealth;
14 (8) ensure that all award applicants receive the
15 complete results of their evaluations, as well as detailed
16 explanations of all suggestions for improvements;
17 (9) recommend other appropriate changes to the council;
18 and
19 (10) provide administrative evaluation support for the
20 council.]
21 (1) Solicit and receive funds from private and public
22 sources for the purpose of financing the quality leadership <--
23 awards KEYSTONE ALLIANCE FOR PERFORMANCE EXCELLENCE AWARDS <--
24 program.
25 (2) Approve fees for organizations that apply for
26 awards.
27 (3) Approve marketing and publicity strategies.
28 (4) Approve other funding sources.
29 (5) Promote participation in the awards program.
30 (6) Require members to contribute to the foundation and
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1 be role models for other donors.
2 (7) Participate in fundraising AND PUBLIC RELATIONS <--
3 events.
4 (8) Attend annual awards programs.
5 (9) Appoint an executive director and fix his THE term <--
6 of employment.
7 (10) Approve the foundation's budget.
8 (11) Recommend areas of program improvement and
9 development.
10 (f) Confidentiality of applications.--Under no circumstances
11 shall any person assigned to provide evaluation support for the
12 council discuss and/or divulge any application receipt or
13 processing prior to the announcement of award recipients by the
14 council.
15 Section 8. Awards.
16 * * *
17 (c) Limitation.--No organization shall be eligible to
18 receive more than one Governor's Quality Leadership Award in a
19 [five-year] four-year period.
20 Section 4. Section 11 of the act is repealed: <--
21 [Section 11. Restriction on funds from Commonwealth. <--
22 Neither the council nor the [foundation] KEYSTONE ALLIANCE <--
23 FOR PERFORMANCE EXCELLENCE shall be eligible to apply for or
24 receive funds from the Commonwealth whether by appropriation or
25 grant [after September 30, 1992].] <--
26 Section 5 4. This act shall take effect in 60 days. <--
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