H0939B0947A00741 NAD:CDM 04/16/21 #90 A00741
AMENDMENTS TO HOUSE BILL NO. 939
Sponsor: REPRESENTATIVE GROVE
Printer's No. 947
Amend Bill, page 2, lines 23 through 30; pages 3 through 5,
lines 1 through 30; page 6, lines 1 through 15; by striking out
all of said lines on said pages and inserting
(a) The nonpartisan Independent Office of the Repealer is
established within the Joint State Government Commission.
(b) The following shall apply to the director of the office:
(1) The director of the office shall serve in accordance
with the following:
(i) The selection of the director by the Selection
and Organization Committee under subsection (e) shall
occur no later than September 1, 2021.
(ii) The director shall serve for a term of six
years.
(iii) 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.
(2) The director shall appoint a deputy director who
shall have the following duties:
(i) Perform assigned duties from the director.
(ii) Assume the role of the director:
(A) during an absence or incapacity of the
director; or
(B) if a vacancy occurs in the position of
director until a successor director is appointed.
(3) The director may be removed by a concurrent
resolution passed by the Senate and the House of
Representatives.
(4) The director shall have the following powers and
duties:
(i) The authority to:
(A) Determine and implement internal policies,
standards and protocols to orderly and efficiently
carry out the mission of the office under this
section.
(B) Procure the temporary or intermittent
service of attorneys, experts, consultants or
organizations by contract.
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(ii) Hire and fix compensation in accordance with
the following:
(A) 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.
(B) All personnel shall be hired or appointed
without regard to political affiliation.
(C) Hiring and appointments shall be based on
fitness to perform the necessary duties.
(iii) 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:
(A) The General Assembly if a statute needs to
be modified, revised or repealed.
(B) The Department of State or other agency that
promulgated the regulation that needs to be modified,
revised or repealed.
(iv) A recommendation from the director shall
provide specific details of why the office is
recommending that the statute or regulation needs to be
modified, revised or repealed.
(c) The office shall have the following powers and duties:
(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; or
(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
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.
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(7) By June 30 of each year, report to the Governor and
the General Assembly 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.
(d) 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."
(e) The Selection and Organization Committee is established
within the office for the purposes under this subsection. The
following shall apply:
(1) The Selection and Organization Committee shall be
comprised 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) The Selection and Organization Committee shall
select the director of the office in accordance with the
following:
(i) The committee shall transmit notice of the
qualifications of the director to the Legislative
Reference Bureau for publication in the Pennsylvania
Bulletin within 90 days of the first meeting of the
Selection and Organization 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.
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See A00741 in
the context
of HB0939