PRINTER'S NO. 3367
No. 2461 Session of 1976
INTRODUCED BY WRIGHT AND BURNS, JUNE 3, 1976
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 3, 1976
AN ACT
1 Relating to the expiration, continuation or reenactment of
2 boards, commissions and agencies.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Legislative Findings.--The General Assembly finds
6 that State Government has produced an inexorable increase in
7 numbers of agencies, growth of programs, and proliferation of
8 rules and regulations and that the whole process developed
9 without adequate legislative oversight, regulatory
10 accountability, or a system of checks and balances. The General
11 Assembly further finds that by establishing a system for the
12 termination, continuation, or reestablishment of such agencies,
13 it will be in a better position to evaluate the need for the
14 continued existence of existing and future regulatory bodies.
15 Section 2. Termination of Boards, Commissions and
16 Agencies.--Unless specifically authorized to continue in being
17 and function by act of the General Assembly subsequent to the
18 effective date of this act, and before January 1, 1977, every
1 board, commission, and special or independent agency heretofore
2 created by law, or by resolution adopted jointly by the House of
3 Representatives and the Senate or by either shall wind up its
4 affairs and go out of existence on July 1, 1977. The terms of
5 officers and members of any reestablished or recreated boards,
6 commissions or agencies shall not be altered in any manner
7 whatsoever at the time of their reestablishment or recreation or
8 at any other time.
9 Section 3. Terms of Office for Members of Boards,
10 Commissions and Agencies.--Notwithstanding any law presently or
11 hereafter enacted, except as to such boards, commissions or
12 agencies reestablished or recreated by act of assembly hereafter
13 approved, the terms of all officers of any board, commission or
14 agency shall end on June 30, 1977.
15 Section 4. Limited Continuation after Termination.--Upon
16 termination, each board, commission or agency shall continue in
17 existence until July 1 of the next succeeding year for the
18 purpose of winding up its affairs. Termination shall not reduce
19 or otherwise limit the powers or authority of each respective
20 agency, board or commission. Upon the expiration of the six
21 months after termination, each respective agency, board or
22 commission shall cease all activities.
23 Section 5. Continuation or Reestablishment of Boards,
24 Commissions and Agencies.--The life of any board, commission or
25 agency scheduled for termination under this section may be
26 continued or reestablished by the General Assembly for periods
27 not to exceed six years. Any newly created commission, board or
28 agency shall have a life not to exceed six years and shall be
29 subject to the provisions of this section.
30 Section 6. Public Hearings.--(a) Prior to the termination,
19760H2461B3367 - 2 -
1 continuation, or reestablishment of any such board, commission
2 or agency, the General Assembly shall hold a public hearing,
3 receiving testimony from the public and the agency, board or
4 commission involved, and in such a hearing the agency, board or
5 commission shall have the burden of proving a public need for
6 its continued existence.
7 (b) In such hearings, the determination as to whether an
8 agency, board or commission has proved a public need for its
9 continued existence shall take into consideration the following
10 factors, among others:
11 (1) the extent to which affirmative action requirements
12 of State or Federal Government have been complied with by the
13 agency, board or commission or the industry it regulates;
14 (2) the extent to which the agency, board or commission
15 has operated in the most efficient manner;
16 (3) the extent to which the agency, board or commission
17 has recommended statutory changes to the General Assembly
18 which would benefit the public as opposed to the persons it
19 regulates;
20 (4) the extent to which the agency, board or commission
21 has required the persons it regulates to report to it
22 concerning the impact of rules and decisions of the agency,
23 board or commission on the public regarding improved service,
24 economy of service, and availability of service;
25 (5) the extent to which persons regulated by the agency,
26 board or commission have been required to assess problems in
27 their industry which affect the public;
28 (6) the extent to which the agency, board or commission
29 has encouraged participation by the public in making its
30 rules and decisions as opposed to participation solely by the
19760H2461B3367 - 3 -
1 persons it regulates;
2 (7) the extent to which the agency, board or commission
3 has expeditiously processed to completion complaints from the
4 public concerning persons the agency, board or commission
5 regulates, which complaints are filed with the agency, board
6 or commission; and
7 (8) the extent to which changes are necessary in the
8 enabling laws of the agency, board or commission to
9 adequately comply with the factors listed in this subsection.
10 Section 7. Legislation for Continuation or Reenactment.--No
11 more than one such commission, board or agency shall be
12 continued or reestablished in any bill for an act, and such
13 division, board or agency shall be mentioned in the bill's
14 title.
15 Section 8. Causes of Actions.--This act shall not cause the
16 dismissal of any claim or right of a citizen against any such
17 agency, board or commission or any claim or right of an agency,
18 board or commission terminated pursuant to this act which is
19 subject to litigation.
20 Section 9. Effective Date.--This act shall take effect
21 immediately.
E27L54JKD/19760H2461B3367 - 4 -