AN ACT

 

1Establishing the Commission on Realignment and Restructuring of
2State Government within the Office of the Governor; and
3providing for the composition, powers and duties and
4expiration of the commission.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Short title.

8This act shall be known and may be cited as the State
9Government Realignment and Restructuring Act.

10Section 2. Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Commission." The Commission on the Realignment and
15Restructuring of State Government established by this act.

16"Core function." The programs and services that represent an
17agency's governmental function or reason for existing, including
18any function, obligation or responsibility that may be
19enumerated in the Constitution of Pennsylvania, an act of the

1General Assembly or an executive order.

2"Executive agency" or "agency." Any office, officer,
3department, authority, board, council or commission of the
4executive department which is subject to the policy, supervision
5and control of the Governor whether created by the Constitution
6of Pennsylvania, an act of the General Assembly or an executive
7order.

8"Executive department."

9(1) The term shall include:

10(i) The Governor's Office.

11(ii) Executive agencies.

12(iii) The Office of Attorney General, the Department
13of the Auditor General and the Treasury Department.

14(iv) An organization established by the Constitution
15of Pennsylvania, an act of the General Assembly or an
16executive order that performs or is intended to perform a
17core function.

18(2) The term shall not include an independent agency or
19a State-affiliated entity.

20"Government" or "State government." The executive department
21of State government of this Commonwealth.

22"Secretaries." The Secretary of Revenue, the Secretary of
23the Budget and the Secretary of Administration.

24Section 3. Establishment and purpose.

25The Commission on State Government Realignment and
26Reallocation is established within the Governor's Office. The
27purpose of the commission shall be to conduct a comprehensive
28analysis and evaluation of core functions of the executive
29agencies of the executive department, including an analysis and
30evaluation of all core functions and delivery methods for the

1purpose of:

2(1) Identifying opportunities for creating efficiencies
3in State government, including, but not limited to,
4streamlining, consolidating or eliminating redundant,
5duplicative and unnecessary core functions, agencies and
6regulations.

7(2) Exploring and recommending innovative systems or
8approaches for delivering core functions at the lowest cost-
9effective value.

10(3) Identifying systems, processes or ways to more
11effectively perform or provide core functions, including
12potential privatization of specific government operations.

13(4) Studying and making recommendations for
14strengthening integrity and making State government
15transparent, responsive, accountable and user-friendly to and
16for the citizens of this Commonwealth.

17(5) Promoting the delivery of core functions fairly,
18effectively, impartially and courteously to the citizens of
19this Commonwealth with sensitivity to the diversity of the
20people of this Commonwealth.

21(6) Identifying and recommending innovative systems and
22processes for place-based delivery of core functions that
23could be achieved either through one-stop shops that deliver
24a range of specific core functions in one customer-friendly
25location or through other innovative initiatives.

26(7) Promoting public participation through an inclusive
27approach to policy development and implementation.

28(8) Making recommendations for reforming policies and
29procedures to allow better use and exploitation of technology
30for the delivery of specific core functions.

1(9) Identifying procedures which can be used to evaluate
2the effectiveness of government spending and which will
3enable agencies to be more adaptable in realigning spending
4with emerging government priorities.

5Section 4. Composition, qualifications and operation of
6commission.

7(a) Composition.--The commission shall consist of
8individuals who by profession, education, experience or civic
9affiliation have a broad mix of public policy, finance and
10business experience. Members of the commission shall be
11appointed as follows:

12(1) Four legislative appointees as follows:

13(i) One individual appointed by the President pro
14tempore of the Senate.

15(ii) One individual appointed by the Minority Leader
16of the Senate.

17(iii) One individual appointed by the Speaker of the
18House of Representatives.

19(iv) One individual appointed by the Minority Leader
20of the House of Representatives.

21None of the individuals appointed under this paragraph shall
22be members of the General Assembly or their staff or a
23relative of a member of the General Assembly.

24(2) Seven public members appointed by the Governor. The
25following shall apply to appointments under this paragraph:

26(i) Only one individual may be a member of the
27Pennsylvania bar.

28(ii) Four individuals must be recommended by a
29business organization, civic organization, public safety
30organization and labor organization.

1(iii) No more than four individuals shall be
2registered or affiliated with the same political party.

3(iv) None of the individuals shall be a member of
4the Governor's staff, a member of the Governor's cabinet,
5a relative of the Governor or the Governor's staff or a
6cabinet member.

7(v) No individual shall be a registered lobbyist.

8(vi) At least two appointees shall be college
9students enrolled in an institution of the State System
10of Higher Education or a State-related institution of
11higher education in this Commonwealth.

12(3) The following shall apply to appointments made under
13paragraph (2):

14(i) Within 30 days of the effective date of this
15section, the Governor shall cause a notice to be placed
16in at least one newspaper in each county of this
17Commonwealth and in the Pennsylvania Bulletin alerting
18organizations described under paragraph (2) that they may
19submit a letter of interest to be included in the process
20of appointing public members to the commission. The
21notice shall describe the details of the appointment
22process and qualifications for appointment pursuant to
23subsection (b). The notice shall also be posted on the
24Governor's Internet website.

25(ii) An organization described under paragraph (2)
26that desires to recommend an individual to serve on the
27commission shall submit a letter of interest to the
28Governor within 15 days of publication of the notice in
29the Pennsylvania Bulletin. The letter of interest shall
30include:

1(A) The name and address of the organization and
2the name and telephone number or electronic mail
3address of a contact person.

4(B) The name, address, contact information,
5including electronic mail address, and political
6affiliation of at least three individuals recommended
7by the organization for appointment to the commission
8and a summary of each individual's professional
9expertise in public policy, business or finance which
10qualifies him for selection.

11(C) Within 10 days following receipt of the
12names of the individuals submitted by organizations
13under clause (B), the Governor shall publicly draw
14lots from each of the categories of organizations to
15determine who shall serve as the public members of
16the commission from each category, provided, however,
17that the section of individuals to serve as public
18members in accordance with this subparagraph shall be
19subject to the requirements of paragraph (2)(iii).

20(D) Notwithstanding subsection (d)(3), the
21selection process provided in this paragraph shall be
22used to fill a vacancy or replace a member who
23resigns from or declines an appointment to the
24commission under subsection (a)(2).

25(4) For the purposes of paragraphs (1) and (2), a
26relative shall include a spouse, child or stepchild, mother,
27father, grandmother or grandfather, sister or brother,
28stepsister or stepbrother or aunt or uncle.

29(b) Qualifications of members.--

30(1) All individuals appointed to the commission shall

1have been residents of this Commonwealth for at least two
2years prior to appointment to the commission.

3(2) All individuals appointed to the commission shall be
418 years of age or older as of the date of their appointment
5and shall be registered voters.

6(3) During an individual's term of appointment as a
7member of the commission, the individual shall not hold an
8office in any political party or political organization or
9hold any elected or appointed public office, compensated or
10uncompensated.

11(4) No individual who is a registered lobbyist shall be
12appointed as a member of the commission.

13(5) In making appointments to the commission, an
14appointing authority shall assure that the composition of the
15group of individuals appointed is representative of and
16reflects the age, gender, ethnic and geographic diversity of
17this Commonwealth.

18(c) Ex officio members.--The Auditor General, the Attorney
19General, the State Treasurer and the secretaries shall serve as
20ex officio, nonvoting members of the commission.

21(d) Appointments, terms of office, removal and vacancies.--

22(1) Each appointing authority shall make his or her
23initial appointment to the commission within 60 days of the
24effective date of this section.

25(2) Individuals appointed to the commission shall serve
26at the pleasure of their appointing authorities and may only
27be removed by the appointing authority for the following
28reasons:

29(i) A violation of the commission's rules governing
30the conduct of members.

1(ii) The individual no longer meets the
2qualifications for appointment under subsection (b).

3(iii) Just cause as determined by the appointing
4authority.

5(3) The appropriate appointing authority shall appoint
6an individual to the commission to fill a vacancy or to
7replace a member who resigns from or declines an initial
8appointment, provided that any individual appointed to fill a
9vacancy shall be subject to the qualifications under
10subsection (b). An appointment to fill a vacancy shall be
11effective immediately.

12(e) Operations of the commission.--

13(1) The members of the commission shall choose a
14chairperson, vice chairperson or other officer as determined
15by the commission from among its membership.

16(2) The Governor shall convene the initial meeting of
17the commission no later than 30 days after all members have
18been appointed in accordance with subsection (d)(1) and shall
19preside, or appoint a designee to preside, until a
20chairperson is appointed.

21(3) After appointment of a chairperson, the commission
22shall meet at times and places specified by the call of the
23chairperson but not less than twice a month, except that a
24meeting of the commission may be called by majority of the
25members of the commission.

26(4) The commission shall establish its own rules of
27procedure to govern its operation and rules to govern the
28conduct of its membership.

29(5) Nine members physically present at a meeting of the
30commission shall constitute a quorum for the conduct of

1business.

2(6) Official action of the commission shall be
3authorized by a majority vote of the members of the
4commission.

5(7) A member not physically present at a meeting of the
6commission may participate electronically by teleconference,
7video conference or by any other means of communication as
8approved by rule of the commission.

9(8) Members shall not be compensated for their service
10as members of the commission, but shall be reimbursed for
11expenses necessarily incurred and vouchered in the discharge
12of their official duties in accordance with Commonwealth
13policy for the reimbursement of expenses for executive
14agencies under the jurisdiction of the Governor.

15(f) Open meetings and Right-to-Know.--Proceedings of the
16commission shall be subject to the provisions of the following:

17(1) The act of February 14, 2008 (P.L.6, No.3), known as
18the Right-to-Know Law.

19(2) 65 Pa.C.S. Ch. 7 (relating to open meetings).

20(g) Notice of proceedings.--The commission shall cause a
21notice to be published in the Pennsylvania Bulletin of all
22scheduled commission proceedings, including public hearings, in
23accordance with 65 Pa.C.S. Ch. 7.

24(h) Administrative support.--Staff support as is necessary
25for the conduct of the work of the commission shall be provided
26by executive agencies as the Governor may designate.

27Section 5. Duties of the commission.

28(a) Duties of commission.--To achieve the purposes provided
29in section 3, the commission shall:

30(1) Hold public hearings and work sessions.

1(2) Review budget, revenue and caseload forecasts and
2estimates over the ensuing four-year period.

3(3) Examine current operations and organization of the
4executive department assuming no expansion of current funding
5sources.

6(4) Evaluate operational and organizational
7restructuring possibilities to find cost savings and
8efficiencies in order to maintain or enhance core functions
9with fewer resources.

10(5) Evaluate the core functions of the executive
11department that are required by the Constitution of
12Pennsylvania and the United States Constitution, and the core
13functions provided by agencies of the executive department
14that are essential to the health, safety and welfare of
15Pennsylvanians.

16(6) Analyze methods or approaches which will support an
17executive agency's ability to effectively respond to complex
18short-term and long-term policy challenges.

19(7) Study and identify approaches to minimize or
20simplify regulatory reporting and compliance requirements for
21business and eliminate unnecessary or poorly defined
22regulations taking into account the different capacities of
23small and large businesses and compliance requirements that
24impose unnecessary external regulatory cost and reporting
25burden.

26(b) Recommendations.--

27(1) The commission shall make recommendations for
28executive orders or legislative proposals to the Governor and
29the General Assembly that:

30(i) Adopt methods and procedures for reducing

1executive department spending to the lowest amount
2consistent with the efficient performance of essential
3core functions.

4(ii) Eliminate redundancies, duplication and
5overlapping of core functions and wasteful practices.

6(iii) Consolidate budgets and core functions of a
7similar nature or with a similar mission.

8(iv) Eliminate unnecessary agencies, create
9necessary agencies, reorganize existing agencies and
10transfer core functions and responsibilities among
11agencies.

12(v) Abolish core functions that are outdated or not
13necessary to the efficient operation of the executive
14department.

15(vi) Define or redefine the duties and
16responsibilities of State officers.

17(vii) Streamline, consolidate or eliminate redundant
18and antiquated executive agencies, core functions and
19regulations.

20(viii) Make agency data and information accessible
21to the public.

22(ix) Identify innovative approaches to collaborate
23and consult with citizens, community groups and
24businesses on policy and core function delivery issues.

25(x) Develop a single Internet login or common
26registration process to be used by executive agencies to
27provide core functions, which makes better use of
28technology and removes legislative and administrative
29barriers to the delivery of core functions.

30(2) In addition to the requirements of paragraph (1),

1the commission shall make recommendations for executive
2orders and legislative proposals to the Governor and the
3General Assembly regarding:

4(i) development of measurable outcomes for each of
5the recommended core functions of executive agencies;

6(ii) methods for setting priorities among executive
7agency core functions based on how effectively and
8efficiently each agency will address core functions; and

9(iii) development of a mission statement by each
10executive agency, a description of the actions and
11priorities necessary to accomplish the agency's mission
12and a process or approach for submitting biennial budget
13requests which reflect the mission and priorities.

14(e) Responsibilities of agencies.--Each executive agency
15shall assist the commission in the performance of its duties
16under this act and, to the extent permitted by law relating to
17confidentiality, furnish such information and advice as the
18members of the commission consider necessary to perform their
19duties.

20(f) Reports.--The commission shall submit an initial report
21of its findings and recommendations to the Governor and General
22Assembly not later than June 30, 2014. Subsequent reports shall
23be submitted every six months thereafter.

24Section 6. Expiration.

25This act shall expire January 1, 2019, unless sooner
26reenacted by the General Assembly.

27Section 7. Effective date.

28This act shall take effect immediately.