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PRINTER'S NO. 26
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
47
Session of
2021
INTRODUCED BY DOWLING, GROVE, SCHEMEL, RYAN, KAUFFMAN, KEEFER
AND MOUL, JANUARY 11, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 11, 2021
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, in boards and offices, establishing
the Department of Local Government and Community Affairs and
transferring specific powers and duties from the Department
of Community and Economic Development and the Department of
State to the Department of Local Government and Community
Affairs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part V of Title 71 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 47
DEPARTMENT OF LOCAL GOVERNMENT AND COMMUNITY AFFAIRS
Subchapter
A. General Provisions
B. Departmental Administration
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
4701. Scope of chapter.
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4702. Definitions.
§ 4701. Scope of chapter.
This chapter relates to the Department of Local Government
and Community Affairs.
§ 4702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrative Code of 1929." The act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
"Continuous improvement process system." A management
methodology system that combines tools to improve process speed
and reduce waste with data-driven project analysis to provide
products and services with improved quality at a lower cost. The
term may involve any of the following strategies:
(1) Developing a process map that describes the lean
government principles or another widely accepted business
process improvement system by which an executive agency
engages in specific activities that have the purpose of
increasing efficiency and eliminating waste in the processes
used to deliver goods and services to taxpayers and customers
of this Commonwealth. This strategy includes the measurement
of the outcomes regarding increased efficiency and the
elimination of waste and procedures by which the executive
agency produces goods or serves its customers.
(2) Engaging in specific activities to rapidly improve
an executive agency's processes that will increase value or
decrease staff time, inventory, defects, overproduction,
complexity, delays or excessive movement.
(3) Involving executive agency employees at all levels
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to map the executive agency's processes and recommend
improvements, with specific importance placed on the
involvement of executive agency employees closest to the
customer or end user of the State government product or
service.
(4) Providing the means to measure each process in order
to demonstrate the effectiveness of each process or process
improvement.
(5) Training executive agency employees to mentor and
train other executive agency employees in continuous
improvement process systems.
"Department." The Department of Local Government and
Community Affairs established under section 4711 (relating to
establishment of department).
"Executive agency." Any of the following:
(1) The Governor's Office.
(2) A department, board, commission, authority or other
agency of the Commonwealth that is subject to the policy
supervision and control of the Governor.
(3) The Office of Lieutenant Governor.
(4) An independent department.
(5) An independent agency.
"Executive board." As specified in section 204 of the
Administrative Code of 1929.
"Independent agency." A board, commission, authority or
other agency of the Commonwealth that is not subject to the
policy supervision and control of the Governor. The term does
not include:
(1) A court or agency of the unified judicial system.
(2) The General Assembly or an agency of the General
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Assembly.
"Independent department." Any of the following:
(1) The Department of the Auditor General.
(2) The Treasury Department.
(3) The Office of Attorney General.
(4) A board or commission of an entity under paragraph
(1), (2) or (3).
"Office." The Office of Local Government Consultant
established under section 4717 (relating to Office of Local
Government Consultant).
"Secretary." The Secretary of Local Government and Community
Affairs.
SUBCHAPTER B
DEPARTMENTAL ADMINISTRATION
Sec.
4711. Establishment of department.
4712. Organization of department.
4713. General duties of department and transfer provisions.
4714. Redesignation.
4715. (Reserved) .
4716. Secretary.
4717. Office of Local Government Consultant.
4718. Strategic plan.
§ 4711. Establishment of department.
The Department of Local Government and Community Affairs is
established as an administrative department within the executive
branch of the government of the Commonwealth.
§ 4712. Organization of department.
(a) Division of responsibilities.--The department shall be
divided into the following:
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(1) The Bureau of Local Government.
(2) The Bureau of Local Government Grants and
Development.
(3) The Bureau of Election Management and Oversight.
(4) The State Athletic Commission.
(5) The Office of Local Government Consultant.
(b) Supervision.--
(1) Each entity under subsection (a) shall be headed by
an executive director appointed by the secretary.
(2) Each executive director shall be under the
supervision of the secretary.
§ 4713. General duties of department and transfer provisions.
(a) Authority.--The department shall exercise the authority
and perform the duties of the following Commonwealth agencies as
specified in this chapter:
(1) The Department of Community and Economic
Development. The powers and duties transferred from the
Department of Community and Economic Development shall be
limited to a bureau or program which pertains to the
following:
(i) The Center for Local Government Services.
(ii) The Center for Community Enhancement.
(iii) The Center for Community Development
Operations.
(iv) Training and assistance for local government
entities.
(v) Local government tax credits and grants.
(2) The Department of State. The powers and duties
transferred from the Department of State shall be limited to
the following:
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(i) The Bureau of Commissions, Elections and
Legislation, including:
(A) The Division of Campaign Finance and
Lobbying Disclosure.
(B) The Division of Commissions, Legislation and
Notaries.
(C) The Division of Elections and Voter
Services.
(D) The Division of Statewide Uniform Registry
of Electors.
(ii) The State Athletic Commission.
(b) Transfer of powers and duties.--
(1) The powers and duties vested in the Secretary of
Community and Economic Development and the Secretary of the
Commonwealth as specified in this chapter are transferred to
the secretary, who shall exercise the powers and perform the
duties that those secretaries exercised or performed prior to
the effective date of this section. Any reference to the
Secretary of Community and Economic Development or the
Secretary of the Commonwealth under a statute or regulation
which was in effect before the effective date of this section
and which concerns the powers or duties specified in this
chapter shall be deemed a reference to the secretary.
(2) The following are transferred to the office:
(i) All bureaus, organizations and divisions in the
Department of Community and Economic Development and the
Department of State responsible for the functions
specified in this chapter.
(ii) All personnel, allocations, appropriations,
equipment, files, records, contracts, agreements,
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obligations and other materials which are used, employed
or expended by the Department of Community and Economic
Development and the Department of State in connection
with the functions transferred by this chapter to the
department in the first instance and as if these
contracts, agreements and obligations had been incurred
or entered into by the department.
(c) Apportionment.--The personnel, appropriations, equipment
and other items and material transferred to the department by
this section shall include an appropriate portion of the general
administrative, overhead and supporting personnel,
appropriations, equipment and other material of the Department
of Community and Economic Development or the Department of State
and shall also include, where applicable, Federal grants and
money and other benefits from any Federal program.
(d) Status of employees.--All personnel transferred under
this chapter shall retain any civil service employment status
assigned to the personnel.
§ 4714. Redesignation.
(a) Department of Community and Economic Development.--For
those powers and duties transferred under this chapter:
(1) The Department of Community and Economic Development
shall be known as the Bureau of Local Government or the
Bureau of Local Government Grants and Development under the
department. The following shall apply:
(i) The powers and duties of the Department of
Community and Economic Development transferred to the
department shall be divided between the Bureau of Local
Government and the Bureau of Local Government Grants and
Development.
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(ii) The strategic plan under section 4718 (relating
to strategic plan) shall provide a clear division of the
powers and duties transferred from the Department of
Community and Economic Development to the department and
the bureaus specified in this subsection.
(2) A reference to the Department of Community and
Economic Development in a statute or regulation shall be
deemed a reference to the department.
(3) To provide an efficient and cost-minimizing
transition, licenses, contracts, deeds and other official
actions of the Department of Community and Economic
Development or any bureau specified in this subsection shall
not be affected by the use of the designation as the
Department of Community and Economic Development. The
department may continue to use the name "Department of
Community and Economic Development" on badges, licenses,
contracts, deeds, stationery and other official documents
until existing supplies are exhausted. The Department of
Community and Economic Development may substitute the title
"Department of Local Government and Community Affairs" for
"Department of Community and Economic Development," for those
responsibilities transferred under this chapter, on its
documents and materials on a schedule that is deemed
appropriate.
(4) The department shall not replace existing signage at
its locations with the redesignated name until the signs are
worn and in need of replacement. This transition shall be
coordinated with changes in administration.
(5) The department shall continue to use the name
"Department of Community and Economic Development" on its
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computer systems until the time of routine upgrades in each
computer system in the department . The change in name shall
be made at the time of the routine upgrade to the computer
systems.
(b) Department of State.--For those powers and duties
transferred under this chapter:
(1) The Department of State shall be known as the Bureau
of Election Management and Oversight and the State Athletic
Commission under the department. The following shall apply:
(i) The powers and duties of the Department of State
transferred to the department shall be divided between
the Bureau of Election Management and Oversight and the
State Athletic Commission.
(ii) The strategic plan under section 4718 shall
provide a clear division of the powers and duties
transferred from the Department of State to the
department and a bureau or commission specified in this
subsection.
(2) A reference to the Department of State in a statute
or regulation shall be deemed a reference to the department.
(3) To provide an efficient and cost-minimizing
transition, licenses, contracts, deeds and other official
actions of the department, board or commission specified in
this subsection shall not be affected by the use of the
designation as the Department of State. The department may
continue to use the name "Department of State" on badges,
licenses, contracts, deeds, stationery and other official
documents until existing supplies are exhausted. The
Department of State may substitute the title "Department of
Local Government and Community Affairs" for "Department of
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State," for those responsibilities transferred under this
chapter, on its documents and materials on a schedule that is
deemed appropriate.
(4) The department shall not replace existing signage at
its locations with the redesignated name until the signs are
worn and in need of replacement. This transition shall be
coordinated with changes in administration.
(5) The department shall continue to use the name
"Department of State" on its computer systems until the time
of routine upgrades in each computer system in the
department . The change in name shall be made at the time of
the routine upgrade to the computer systems.
§ 4715. (Reserved) .
§ 4716. Secretary.
(a) Nomination.--No later than 30 days after the submittal
of the strategic plan under section 4718 (relating to strategic
plan), the Governor shall nominate an individual to serve as
acting secretary until the individual or another individual is
confirmed as secretary by the Senate under section 8 of Article
IV of the Constitution of Pennsylvania. The acting secretary
shall have the same authority as the secretary.
(b) Appointments.--The secretary shall appoint the deputy
secretaries , commission or office within the department. Each
deputy secretary shall possess appropriate qualifications to
serve in that capacity.
(c) Transfer of duties.--The secretary shall perform all the
duties and exercise all the authority of the Secretary of the
Commonwealth on and after one year following the effective date
of this section.
§ 4717. Office of Local Government Consultant.
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(a) Establishment.--The Office of Local Government
Consultant is established within the department.
(b) Executive director.--The office shall be headed by an
executive director who shall be appointed by the secretary and
who shall report to the secretary.
(c) Support services.--The department shall provide all
support services and staff for the office.
(d) Powers and duties.--The office shall:
(1) Assist local governments in complying with
regulations promulgated by the department or an executive
agency.
(2) Assist local governments in complying with the
requirements for the application process for a grant from an
executive agency.
(e) Cooperation by executive agencies.--
(1) All executive agencies shall cooperate with the
office.
(2) Executive agency heads shall identify key staff to
form local government compliance teams. The following shall
apply:
(i) Each compliance team shall work with the office
to assist local governments in complying with regulations
promulgated by the executive agency.
(ii) Each compliance team shall work with the office
to assist local governments in complying with rules and
requirements of the executive agency for the application
for a grant required to be overseen by the executive
agency.
§ 4718. Strategic plan.
(a) Development.--Within 60 days of the effective date of
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this section, the Governor shall:
(1) subject to subsection (b), contract with a qualified
third party to develop a strategic plan under this section;
or
(2) execute a memorandum of understanding with the Joint
State Government Commission to develop a strategic plan under
this section.
( b) Third-party contract.--The Governor may enter into a
contract with a qualified third-party organization under this
section if the organization:
(1) has experience with large corporate mergers of a
company which has more than 500 employees;
(2) has experience assisting in the merging of
government agencies in other states; and
(3) utilizes continuous improvement process systems to
strengthen the efficiency and delivery of service of agencies
or corporations undergoing a merger.
(c) Parameters.--The strategic plan under this section shall
detail the merger of the Department of Community and Economic
Development and the Department of State, in accordance with the
provisions of this chapter, and shall provide for:
(1) A reduction of at least 20% in administrative costs.
(2) The consolidation of similar programs.
(3) The elimination of redundancy to maximize taxpayer
dollars.
(4) The improvement of agency services to residents of
this Commonwealth at a lower cost to taxpayers.
(5) A continuous improvement process system throughout
executive agencies.
(6) Financial transparency to residents of this
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Commonwealth.
(7) A uniform accounting system and prudent financial
management throughout executive agencies.
(d) Submittal.--No later than 210 days after the effective
date of this section, the strategic plan under this section
shall be submitted to the General Assembly for review and any
hearings deemed necessary.
Section 2. All acts or parts of acts are repealed insofar as
they are inconsistent with this act.
Section 3. Except as otherwise provided in 71 Pa.C.S. Ch.
47, all activities regarding the powers and duties under 71
Pa.C.S. Ch. 47 which were initiated under the Department of
Community and Economic Development or the Department of State
shall continue and remain in full force and effect and may be
completed under 71 Pa.C.S. Ch. 47. Orders, regulations, rules
and decisions which were made under the authority of the
Department of Community and Economic Development or the
Department of State regarding the powers and duties under 71
Pa.C.S. Ch. 47 and which are in effect on the effective date of
71 Pa.C.S. Ch. 47 shall remain in full force and effect until
revoked, vacated or modified under 71 Pa.C.S. Ch. 47. Contracts,
obligations and collective bargaining agreements entered into
under the authority of the Department of Community and Economic
Development or the Department of State are not affected nor
impaired by the transfer of powers and duties under 71 Pa.C.S.
Ch. 47.
Section 4. Any expenditures needed to implement this act
shall be paid using encumbered money of the respective executive
agency.
Section 5. Within 10 days of the nomination under 71 Pa.C.S.
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§ 4716(a), the Secretary of the Commonwealth shall transmit
notice of the nomination to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
Section 6. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) This section and section 5.
(ii) The addition of 71 Pa.C.S. §§ 4701, 4702, 4716
and 4718.
(2) The remainder of this act shall take effect 30 days
after publication in the Pennsylvania Bulletin of the notice
under section 5.
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