Trial Engrossment of Amendment A06750 to House Bill 0209 P.N. 3162, Regular Session 2017-2018

A06750

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

209

Session of

2017

INTRODUCED BY PHILLIPS-HILL, BARRAR, BLOOM, BOBACK, GABLER,

GILLEN, GROVE, IRVIN, KAUFFMAN, MACKENZIE, MENTZER, ROTHMAN,

RYAN, SACCONE, WARD, ZIMMERMAN, DUSH, METCALFE, ROAE, NELSON,

SCHEMEL, CUTLER, GREINER AND KLUNK, JANUARY 25, 2017

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, MARCH 13, 2018

AN ACT

Establishing the Independent Office of the Repealer and

providing for its power and duties.

AMENDING THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), ENTITLED

"AN ACT PROVIDING FOR INDEPENDENT OVERSIGHT AND REVIEW OF

REGULATIONS, CREATING AN INDEPENDENT REGULATORY REVIEW

COMMISSION, PROVIDING FOR ITS POWERS AND DUTIES AND MAKING

REPEALS," FURTHER PROVIDING FOR DEFINITIONS AND FOR EXISTING

REGULATIONS; AND ESTABLISHING THE INDEPENDENT OFFICE OF THE

REPEALER AND PROVIDING FOR ITS POWER AND DUTIES.

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 Independent

Office of the Repealer 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:

"Committee." The Selection and Organization Committee in the

office.

"Director." The director of the office.

"Office." The Independent Office of the Repealer.

Section 3. Establishment.

There is established a nonpartisan Independent Office of the

Repealer. The office shall be an independent agency.

Section 4. Powers and duties of office.

The office shall have the following powers and duty to:

(1) Adopt logical, quantitative and qualitative rules to

determine whether an existing statute or regulation of the

Commonwealth is:

(i) Unreasonable, unduly burdensome, detrimental to

economic well-being, duplicative, onerous, defective or

in conflict with another statute or regulation.

(ii) Defying a common sense approach to government.

(2) Perform a systemic review of existing statutes and

regulations of this Commonwealth in accordance with the rules

adopted for review under this act.

(3) Identify existing statutes and regulations which may

be appropriate for legislative and executive agency

modification, revision or repeal.

(4) Establish as soon as practical a system with a

publicly accessible Internet website that allows the office

to receive:

(i) Suggestions and comments, along with supporting

documentation, for modification, revision or repeal from

citizens, businesses, government agencies or others.

(ii) Reports on allegations of wasteful governmental

practices.

(5) Determine and implement internal policies, standards

and procedures as may be necessary for the orderly and

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efficient execution of the mission of the office.

(6) Implement a tracking system to follow all

submissions and actions taken on a recommendation made by the

director which includes progress of modification, revision or

repeal.

(7) By June 30 of each year, report to the General

Assembly and the Governor on:

(i) Recommended changes to statutes and regulations.

(ii) Recommended changes to increase efficiency and

eliminate wasteful practices.

(iii) Progress of the revision, repeal or abrogation

of statutes and regulations.

Section 5. Membership and appointments.

(a) Committee.--The committee established in the office

shall:

(1) Consist of the following members:

(i) One member appointed by the Governor.

(ii) One member appointed by the President pro

tempore of the Senate in consultation with the Majority

Leader and the Minority Leader of the Senate.

(iii) One member appointed by the Speaker of the

House of Representatives in consultation with the

Majority Leader and the Minority Leader of the House of

Representatives.

(2) Select the director of the office in accordance with

the following:

(i) The committee shall publish qualifications of

the director in the Pennsylvania Code and Bulletin within

90 days of the first meeting of the committee.

(ii) The appointment may not be made on the basis of

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political affiliation.

(iii) The appointment shall be made on the basis of

the fitness to perform the duties of the office based on

3the published qualifications.

(b) Director.--The director shall serve in accordance with

the following:

(1) The selection of the director shall occur no later

than July 1, 2018.

(2) The director shall serve for a term of six years.

(3) An individual appointed as director to fill a

vacancy prior to the expiration of a term shall only serve

for the unexpired portion of the term.

director who shall have the following duties:

(1) Perform assigned duties from the director.

(2) Assume the role of the director:

(i) during an absence or incapacity of the director;

(ii) if a vacancy occurs in the position of director

until a successor director is appointed.

(d) Removal.--The director may be removed by a concurrent

resolution passed by the Senate and the House of

Representatives.

Section 6. Director.

The director shall have the following powers and duties:

(1) The authority to:

(i) Determine and implement internal policies,

standards and protocols to orderly and efficiently carry

out the mission of the office under this act.

(ii) Procure the temporary or intermittent service

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of attorneys, experts, consultants or organizations by

contract.

(2) Hire and fix compensation in accordance with the

following:

(i) The hiring and appointments shall be made on the

basis of the duties of the office and the performance of

the functions of the office.

(ii) All personnel shall be hired or appointed

without regard to political affiliation.

(iii) Hiring and appointments shall be based on

fitness to perform the necessary duties.

Section 7. Notice.

(a) Transmittal of notice.--When the office determines that

a statute or regulation meets the standards set under this act

and as set by the director for modification, revision or repeal,

the director shall recommend the action to:

(1) The General Assembly if a statute needs to be

modified, revised or repealed.

(2) The State department or agency which created the

regulation that needs to be modified, revised or repealed.

(b) Details.--A recommendation from the office shall provide

specific details why the office is recommending that the statute

or regulation needs to be modified, revised or repealed.

Section 8. Records.

The office shall be a legislative agency for the purposes of

the act of February 14, 2008 (P.L.6, No.3), known as the Right-

to-Know Law.

Section 9. Sunset.

This act shall expire June 30, 2024.

Section 10. Effective date.

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This act shall take effect immediately.

SECTION 1. SECTION 3 OF THE ACT OF JUNE 25, 1982 (P.L.633,

NO.181), KNOWN AS THE REGULATORY REVIEW ACT, IS AMENDED BY

ADDING DEFINITIONS TO READ:

SECTION 3. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL

HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE

MEANINGS GIVEN TO THEM IN THIS SECTION:

* * *

"DIRECTOR." THE DIRECTOR OF THE OFFICE.

* * *

"OFFICE." THE INDEPENDENT OFFICE OF THE REPEALER.

* * *

"SELECTION COMMITTEE." THE SELECTION AND ORGANIZATION

COMMITTEE IN THE OFFICE.

* * *

SECTION 2. SECTION 8.1 OF THE ACT IS AMENDED TO READ:

SECTION 8.1. EXISTING REGULATIONS.

THE COMMISSION, ON ITS MOTION OR AT THE REQUEST OF ANY PERSON

OR MEMBER OF THE GENERAL ASSEMBLY, MAY REVIEW ANY EXISTING

REGULATION WHICH HAS BEEN IN EFFECT FOR AT LEAST THREE YEARS. IF

A COMMITTEE OF THE SENATE OR THE HOUSE OF REPRESENTATIVES

REQUESTS A REVIEW OF AN EXISTING REGULATION, THE COMMISSION

SHALL PERFORM THE REVIEW AND SHALL ASSIGN IT HIGH PRIORITY. THE

COMMISSION MAY SUBMIT RECOMMENDATIONS TO AN AGENCY RECOMMENDING

CHANGES IN EXISTING REGULATIONS IF IT FINDS THE EXISTING

REGULATIONS TO BE CONTRARY TO THE PUBLIC INTEREST UNDER THE

CRITERIA ESTABLISHED IN SECTION 5.2. THE COMMISSION MAY ALSO

MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE GOVERNOR

FOR STATUTORY CHANGES IF THE COMMISSION FINDS THAT ANY EXISTING

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REGULATION MAY BE CONTRARY TO THE PUBLIC INTEREST. UNLESS

PROHIBITED BY THE LAWS OF THIS COMMONWEALTH, AT THE TIME AN

AGENCY PROMULGATES A NEW REGULATION, THE AGENCY SHALL IDENTIFY

AT LEAST TWO EXISTING REGULATIONS FOR REPEAL. Regulations

promulgated pursuant to the act of November 6, 1987 (P.L.381,

No.79), known as the "Older Adults Protective Services Act," may

not be identified for repeal.

SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:

SECTION 12.2. INDEPENDENT OFFICE OF THE REPEALER.

(A) THERE IS ESTABLISHED A NONPARTISAN INDEPENDENT OFFICE OF

THE REPEALER WITHIN THE INDEPENDENT REGULATORY REVIEW

COMMISSION.

(B) THE OFFICE SHALL HAVE THE FOLLOWING POWERS AND DUTY TO:

(1) ADOPT LOGICAL, QUANTITATIVE AND QUALITATIVE RULES TO

DETERMINE WHETHER AN EXISTING STATUTE OR REGULATION OF THE

COMMONWEALTH IS:

(I) UNREASONABLE, UNDULY BURDENSOME, DETRIMENTAL TO

ECONOMIC WELL-BEING, DUPLICATIVE, ONEROUS, DEFECTIVE OR

IN CONFLICT WITH ANOTHER STATUTE OR REGULATION.

(II) DEFYING A COMMON SENSE APPROACH TO GOVERNMENT.

(2) PERFORM A SYSTEMATIC REVIEW OF EXISTING STATUTES AND

REGULATIONS OF THIS COMMONWEALTH IN ACCORDANCE WITH THE RULES

ADOPTED FOR REVIEW UNDER THIS ACT.

(3) IDENTIFY EXISTING STATUTES AND REGULATIONS WHICH MAY

BE APPROPRIATE FOR LEGISLATIVE AND EXECUTIVE AGENCY

MODIFICATION, REVISION OR REPEAL.

(4) ESTABLISH AS SOON AS PRACTICAL A SYSTEM WITH A

PUBLICLY ACCESSIBLE INTERNET WEBSITE THAT ALLOWS THE OFFICE

TO RECEIVE:

(I) SUGGESTIONS AND COMMENTS, ALONG WITH SUPPORTING

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DOCUMENTATION, FOR MODIFICATION, REVISION OR REPEAL FROM

CITIZENS, BUSINESSES, GOVERNMENT AGENCIES OR OTHERS.

(II) REPORTS ON ALLEGATIONS OF WASTEFUL GOVERNMENTAL

PRACTICES.

(5) DETERMINE AND IMPLEMENT INTERNAL POLICIES, STANDARDS

AND PROCEDURES AS MAY BE NECESSARY FOR THE ORDERLY AND

EFFICIENT EXECUTION OF THE MISSION OF THE OFFICE.

(6) IMPLEMENT A TRACKING SYSTEM TO FOLLOW ALL

SUBMISSIONS AND ACTIONS TAKEN ON A RECOMMENDATION MADE BY THE

DIRECTOR WHICH INCLUDES PROGRESS OF MODIFICATION, REVISION OR

REPEAL.

(7) BY JUNE 30 OF EACH YEAR, REPORT TO THE GENERAL

ASSEMBLY AND THE GOVERNOR ON:

(I) RECOMMENDED CHANGES TO STATUTES AND REGULATIONS.

(II) RECOMMENDED CHANGES TO INCREASE EFFICIENCY AND

ELIMINATE WASTEFUL PRACTICES.

(III) PROGRESS OF THE REVISION, REPEAL OR ABROGATION

OF STATUTES AND REGULATIONS.

(1) CONSIST OF THE FOLLOWING MEMBERS:

(I) ONE MEMBER APPOINTED BY THE GOVERNOR.

(II) ONE MEMBER APPOINTED BY THE PRESIDENT PRO

TEMPORE OF THE SENATE IN CONSULTATION WITH THE MAJORITY

LEADER AND THE MINORITY LEADER OF THE SENATE.

(III) ONE MEMBER APPOINTED BY THE SPEAKER OF THE

HOUSE OF REPRESENTATIVES IN CONSULTATION WITH THE

MAJORITY LEADER AND THE MINORITY LEADER OF THE HOUSE OF

REPRESENTATIVES.

(2) SELECT THE DIRECTOR OF THE OFFICE IN ACCORDANCE WITH

THE FOLLOWING:

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(I) THE COMMITTEE SHALL PUBLISH QUALIFICATIONS OF

THE DIRECTOR IN THE PENNSYLVANIA CODE AND BULLETIN WITHIN

90 DAYS OF THE FIRST MEETING OF THE COMMITTEE.

(II) THE APPOINTMENT MAY NOT BE MADE ON THE BASIS OF

POLITICAL AFFILIATION.

(III) THE APPOINTMENT SHALL BE MADE ON THE BASIS OF

THE FITNESS TO PERFORM THE DUTIES OF THE OFFICE BASED ON

THE PUBLISHED QUALIFICATIONS.

(D) THE DIRECTOR SHALL SERVE IN ACCORDANCE WITH THE

FOLLOWING:

(1) THE SELECTION OF THE DIRECTOR SHALL OCCUR NO LATER

THAN SEPTEMBER 1, 2018.

(2) THE DIRECTOR SHALL SERVE FOR A TERM OF SIX YEARS.

(3) AN INDIVIDUAL APPOINTED AS DIRECTOR TO FILL A

VACANCY PRIOR TO THE EXPIRATION OF A TERM SHALL ONLY SERVE

FOR THE UNEXPIRED PORTION OF THE TERM.

(E) THE DIRECTOR SHALL APPOINT A DEPUTY DIRECTOR WHO SHALL

HAVE THE FOLLOWING DUTIES:

(1) PERFORM ASSIGNED DUTIES FROM THE DIRECTOR.

(2) ASSUME THE ROLE OF THE DIRECTOR:

(I) DURING AN ABSENCE OR INCAPACITY OF THE DIRECTOR;

(II) IF A VACANCY OCCURS IN THE POSITION OF DIRECTOR

UNTIL A SUCCESSOR DIRECTOR IS APPOINTED.

(F) THE DIRECTOR MAY BE REMOVED BY A CONCURRENT RESOLUTION

PASSED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES.

(G) THE DIRECTOR SHALL HAVE THE FOLLOWING POWERS AND DUTIES:

(1) THE AUTHORITY TO:

(I) DETERMINE AND IMPLEMENT INTERNAL POLICIES,

STANDARDS AND PROTOCOLS TO ORDERLY AND EFFICIENTLY CARRY

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OUT THE MISSION OF THE OFFICE UNDER THIS SECTION.

(II) PROCURE THE TEMPORARY OR INTERMITTENT SERVICE

OF ATTORNEYS, EXPERTS, CONSULTANTS OR ORGANIZATIONS BY

CONTRACT.

(2) HIRE AND FIX COMPENSATION IN ACCORDANCE WITH THE

FOLLOWING:

(I) THE HIRING AND APPOINTMENTS SHALL BE MADE ON THE

BASIS OF THE DUTIES OF THE OFFICE AND THE PERFORMANCE OF

THE FUNCTIONS OF THE OFFICE.

(II) ALL PERSONNEL SHALL BE HIRED OR APPOINTED

WITHOUT REGARD TO POLITICAL AFFILIATION.

(III) HIRING AND APPOINTMENTS SHALL BE BASED ON

FITNESS TO PERFORM THE NECESSARY DUTIES.

(H) (1) WHEN THE OFFICE DETERMINES THAT A STATUTE OR

REGULATION MEETS THE STANDARDS SET UNDER THIS SECTION AND AS

SET BY THE DIRECTOR FOR MODIFICATION, REVISION OR REPEAL, THE

DIRECTOR SHALL RECOMMEND THE ACTION TO:

(I) THE GENERAL ASSEMBLY IF A STATUTE NEEDS TO BE

MODIFIED, REVISED OR REPEALED.

(II) THE STATE DEPARTMENT OR AGENCY THAT PROMULGATED

THE REGULATION THAT NEEDS TO BE MODIFIED, REVISED OR

REPEALED.

(2) A RECOMMENDATION FROM THE OFFICE SHALL PROVIDE

SPECIFIC DETAILS WHY THE OFFICE IS RECOMMENDING THAT THE

STATUTE OR REGULATION NEEDS TO BE MODIFIED, REVISED OR

REPEALED.

(I) THE OFFICE SHALL BE A COMMONWEALTH AGENCY FOR THE

PURPOSES OF THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS

THE "RIGHT-TO-KNOW LAW."

(J) THIS ACT SHALL EXPIRE JUNE 30, 2024.

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SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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