THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DAVIDSON, CALTAGIRONE, COHEN, GIBBONS, GOODMAN, HORNAMAN, JOSEPHS, KORTZ, MIRABITO, SWANGER, WHEATLEY AND WHITE, APRIL 8, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 8, 2011  

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:

"Commission."  The Commission on the Realignment and

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

any function, obligation or responsibility that may be

enumerated in the Constitution of Pennsylvania, an act of the

General Assembly or an executive order.

"Executive agency" or "agency."  Any 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.

"Executive department."

(1)  The term shall include:

(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 shall not include an independent agency or

a State-affiliated entity.

"Government" or "State 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 State Government Realignment and

Reallocation 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 the executive

agencies of the executive department, including an analysis and

evaluation of all core functions and delivery methods for the

purpose of:

(1)  Identifying opportunities for creating efficiencies

in State government, including, but not limited to,

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 State 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

with emerging government priorities.

Section 4.  Composition, qualifications and operation of

commission.

(a)  Composition.--The commission shall consist of

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.

None of the individuals appointed under this paragraph shall

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 and labor organization.

(iii)  No more than four individuals shall be

registered or affiliated with the same political party.

(iv)  None of the individuals shall be a member of

the 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)  No individual shall 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 cause a notice to be placed

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 pursuant to

subsection (b). The notice shall also be posted on the

Governor's Internet website.

(ii)  An organization described under paragraph (2)

that desires to recommend 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.

(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, provided, however,

that 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 subsection (a)(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)  All individuals appointed to the commission shall

have been residents of this Commonwealth for at least two

years prior to appointment to the commission.

(2)  All individuals appointed to the commission shall be

18 years of age or older as of the date of their appointment

and shall be registered voters.

(3)  During an individual's term of appointment as a

member of the commission, the individual shall not hold an

office in any political party or political organization or

hold any elected or appointed public office, compensated or

uncompensated.

(4)  No individual who is a registered lobbyist shall be

appointed as a member of the commission.

(5)  In making appointments to the commission, an

appointing authority shall assure that an individual

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 their 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

an individual to the commission to fill a vacancy or to

replace a member who resigns from or declines an initial

appointment, provided that any 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 no later than 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, except that a

meeting of the commission may 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

commission may participate electronically by teleconference,

video conference or by any 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 executive

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 cause a

notice to be published 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 executive 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.

(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

executive 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.

(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 executive 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 executive 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:

(i)  development of measurable outcomes for each of

the recommended core functions of executive agencies;

(ii)  methods for setting priorities among executive

agency core functions based on how effectively and

efficiently each agency will address core functions; and

(iii)  development of a mission statement by each

executive 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.

(e)  Responsibilities of agencies.--Each executive 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 such information and advice as the

members of the commission consider necessary to perform their

duties.

(f)  Reports.--The commission shall submit an initial report

of its findings and recommendations to the Governor and General

Assembly not later than December 31, 2011. Subsequent reports

shall be submitted every six months thereafter.

Section 6.  Expiration.

This act shall expire January 1, 2016, unless sooner

reenacted by the General Assembly.

Section 7.  Effective date.

This act shall take effect immediately.