2012 -- H 7707

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LC01203

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO GENERAL ASSEMBLY - CREATING A COMMISSION ON

STREAMLINING GOVERNMENT

     Introduced By: Representatives Morgan, Costa, Trillo, Ehrhardt, and Reilly

     Date Introduced: February 16, 2012

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 22 of the General Laws entitled "GENERAL ASSEMBLY" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 13.1

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COMMISSION ON STREAMLINING GOVERNMENT

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     22-13.1-1. Legislative findings. -- (a) The state faces a severe decline in revenues for the

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fiscal year 2013 which, if no corrective action is taken, will leave a significant funding gap in

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state government expenditures, and will create serious sustainability issues in financing of state

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obligations.

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     (b) It is essential that the state act now to reduce the cost of state government, through all

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means available, including efficiencies, economies, greater effectiveness, and other means to

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streamline government in order to overcome the projected severe revenue reductions and to

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ensure that available state tax dollars are being spent efficiently and effectively. Many state

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agencies were created and a review of all agencies and its activities, functions, programs, and

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services is needed to determine whether the purpose served by the agency, activity, function,

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program or service continues to be relevant. The primary purpose is to provide oversight and to

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determine whether or not there is a genuine public need for the agency under review. It is the

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intent of the general assembly that a mechanism be established to review such agencies receiving

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financial assistance from the state.

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     22-13.1-2. Definitions. -- As used in this chapter: (1) “Activity” means a distinct subset

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of functions or services within a program.

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     (2) “Agency” means any regulatory, administrative, advisory, executive or legislative

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body of this state, including, but not limited to, any board, bureau, commission, corporation,

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department, committee, council, association, authority or any other entity established by an act of

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the general assembly of this state which:

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     (i) Is given authority under the Rhode Island constitution, general laws, or any coded or

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regulation to regulate any activity, business, occupation, service or profession; or

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     (ii) Is supported in whole or in part by public funds; or

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     (iii) Expends or disburses public funds; or

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     (iv) Expends or disburses funds from ratepayers; or

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     (v) Is specifically charged by a public body to advise or make recommendations.

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     “Agency” shall not mean any public institution of postsecondary education, any

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postsecondary education governing or management board, or any entity under the control of a

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public institution of postsecondary education or postsecondary education governing or

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management board.

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     (3) “Commission” means the commission on streamlining government.

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     (4) “Functions” means duties, jurisdiction, powers, rights, and obligations, conferred or

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imposed upon, or vested in, any agency by law, or exercised, performed, or discharged by any

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agency without contravention of any provision of law.

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     (5) “Objective” means a specific and measurable target for achievement which describes

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the exact results sought, which is expressed in an outcome-oriented statement that may reflect

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effectiveness, efficiency, or quality of work and which may be either numeric or non-numeric.

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(6) “Performance indicator” means a statement identifying an activity, input, output,

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outcome, achievement, ratio, efficiency, or quality to be measured relative to a particular goal or

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objective in order to assess an agency’s performance.

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     (7) “Performance standard” means the expected level of performance associated with a

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particular performance indicator for a particular period.

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     (8) “Program” means a grouping of activities directed toward the accomplishment of a

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clearly defined objective or set of objectives.

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     (9) “Quality” means degree or grade of excellence.

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     22-13.1-3. Commission on streamlining government – Establishment - Members –

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Qualifications – Vacancies – Quorum – Compensation – Immunity. --

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     (a) There is established the commission on streamlining government to examine each

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agency’s constitutional and statutory activities, functions, programs, services, powers, duties, and

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responsibilities to determine which of these activities, functions, programs, services, powers,

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duties, and responsibilities can be: (1) Eliminated; (2) Streamlined; (3) Consolidated; (4)

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Privatized; or (5) Outsourced in an effort to reduce the size of state government.

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     (b) The commission shall target agencies whose activities, functions, programs, or

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services can be consolidated or eliminated, in addition to identifying opportunities for privatizing

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and outsourcing current state activities, functions, programs, or services.

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     (c) The commission shall examine the necessity and performance of activities, functions,

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programs, and services to ensure that they are meeting current performance standards effectively

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and efficiently and they are meeting the needs of Rhode Island citizens.

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     (d) The commission shall be composed as follows and appointed in the following

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manner:

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     The president of the senate, the minority leader of the senate, the speaker of the house of

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representatives, the majority leader of the house of representatives and the minority leader of the

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house of representatives, shall, within twenty (20) days of the effective date of this chapter, each

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submit to the governor a list of names of at least five (5) persons. The governor shall, within forty

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(40) days of the effective date of this chapter, appoint one individual from each of the five (5)

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lists so submitted, and four (4) individuals without regard to the lists submitted by the legislative

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leaders. Of the four (4) persons appointed by the governor, at no time shall more than three (3) be

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from the same political party. The director of administration, the auditor general, the senate fiscal

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advisor and the house fiscal advisor or their respective designees shall be exofficio, nonvoting

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members of the commission.

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      (e) Members of the commission shall serve for terms of four (4) years, except that, of

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the members first (1st) appointed:

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     (1) The three (3) persons appointed from the lists submitted by the president of the senate

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and the minority leaders of the house of representatives and the senate shall serve for two (2)

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years.

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     (2) The person appointed from the list submitted by the speaker of the house of

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representatives and one of the individuals appointed by the governor without regard to the list of

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legislative leaders shall serve for four (4) years;

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     (3) The persons appointed from the list submitted by the majority leader of the house of

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representatives shall serve for one year; and

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     (4) Of the other three (3) members appointed by the governor without regard to any lists,

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one shall serve for one year, one shall serve for two (2) years and one shall serve for three (3)

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years.

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     (f) No person shall be appointed to serve for more than six (6) consecutive years;

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provided, however, that each member shall continue to serve until his or her successor is

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appointed and qualified.

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     (g) Any vacancy on the commission, occurring for any reasons prior to the expiration of

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the term, shall be filled for the unexpired term in the same manner as the original appointment

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within thirty (30) days of the vacancy occurring.

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     (h) At the initial meeting of the commission, and annually, thereafter, the commission

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shall elect a chairperson and a vice chairperson. The vice chairperson shall act as chairperson in

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the absence of the chairperson or in the event of a vacancy in that position.

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     (i) Five (5) members of the commission shall constitute a quorum. Except as otherwise

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provided in this chapter, any action of the commission shall be by an affirmative vote of a

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majority of the members present at a meeting at which a quorum is present. A final action or

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recommendation shall not be made unless approved by a record vote of a majority of the

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commission’s full membership.

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     (j) No person shall be appointed or reappointed to the commission or continue to serve on

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the commission, if such individual:

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     (1) Holds any elected or appointed office in this state or in any municipality or other

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political subdivision within this state;

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     (2) Is or becomes a candidate for any elected office in this state or in any municipality or

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other subdivision within this state;

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     (3) Has held any elected office in this state or in any municipality or other political

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subdivision within this state in the twelve (12) month period immediately preceding appointment;

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     (4) Is or becomes an employee of state or municipal government or of any other political

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subdivision in this state.

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     (k) All commission members and commission employees shall be subject to the Rhode

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Island code of ethics and regulation by the state ethics commission.

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     (l) All employees of the commission shall be subject to the requirements stated in

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subsections (g) and (h);

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     (m) No employee of the commission shall become an employee of any municipality or

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other political subdivision within this state while remaining in the employ of the commission.

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     (n) Commission members acting in good faith within the scope of their authority and in

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their official capacities shall be afforded protection against civil liability as provided in section 9-

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1-31.1.

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     (o) All departments and agencies of the state or of any city or town or political

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subdivision within this state shall furnish advice or information, documentary or otherwise to the

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commission and its agents, as is deemed necessary or desirable by the commission, to facilitate

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the purposes of this chapter.

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     (p) The director of administration is hereby authorized and directed to provide suitable

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quarters for the commission.

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     (q) A witness who is required to attend a commission proceeding under process is entitled

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to the same mileage and per diem as a witness who appears before a grand jury in this state.

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     22-13.1-4. Procedure. -- (a) Reports submitted by the commission on streamlining

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government pursuant to this section may include any of or any combination of the following:

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     (1) Recommendations to eliminate, streamline. consolidate, privatize or outsource

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constitutional and statutory agency activities, functions, programs, services, powers, duties, and

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responsibilities to provide the same or greater type and quality of activity, function, program, or

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service that will result in cost reduction or greater efficiency or effectiveness.

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     (2) Recommendations to ensure that agency activities, functions, programs, and services

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are not duplicative and are necessary, meeting or exceeding performance standards, and meeting

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the needs of Rhode Island citizens.

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     (3) Recommendations for the elimination, consolidation, privatization, or outsourcing of

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an agency to provide a more cost efficient or more effective manner of providing an activity,

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function, program, or service.

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     (4) Recommendations providing for the use of alternative resources to the operation of

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agencies, activities, functions, programs, and services to provide a more cost-effective manner

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without impacting the quality or availability of needed services.

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     (5) Recommendations for standards, processes, and guidelines for agencies to use in

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order to review and evaluate government activities, functions, programs, and services to

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eliminate, streamline, consolidate, privatize, or outsource.

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     (b)(1) The commission shall submit an initial report of its recommendations, including

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recommendations requiring legislation or administrative action, to the governor, the president of

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the senate, the speaker of the house of representatives, no later than December 15, 2012.

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     (2) The commission shall prepare the recommendations in the report as a reorganization

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plan and submit the plan to the senate and the house for consideration by January 4, 2013.

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     (c) The commission shall submit a report annually before January 1st consisting of the

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status and implementation of the reorganization plan approved by the senate and the house, to the

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governor, the president of the senate and the speaker of the house of representatives.

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     22-13.1-5. Agency cooperation and assistance. -- (a) Each agency and political

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subdivision shall furnish aid, services, and assistance as may be requested by the commission.

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     (b) To the extent permitted by and in accordance with the Rhode Island general laws,

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each officer, agency, and political subdivision shall make available all facts, records, information,

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and data requested by the commission and in all ways cooperate with the commission in carrying

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out the functions and duties imposed by this chapter.

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      22-13.1-6. Finances. -- The commission may apply for, contract for, receive, and expend

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for purpose of this chapter any appropriation or grant from the state, its political subdivisions, the

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federal government or any other public or private source.

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     22-13.1-7. Severability. -- If any provision of this chapter or any rule or regulation made

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under this chapter, or its application to any person or circumstance is held invalid by a court of

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competent jurisdiction, the remainder of the chapter, rule, or regulation and the application of the

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provision to other persons or circumstances shall not be affected by this invalidity. The invalidity

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of any section or sections or parts of any section or sections shall not affect the validity of the

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remainder of the chapter.

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     SECTION 2. This act shall take effect upon passage.

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LC01203

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO GENERAL ASSEMBLY - CREATING A COMMISSION ON

STREAMLINING GOVERNMENT

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     This act would establish a commission on streamlining government to review all state

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agencies and its activities, functions, programs and services to determine whether the purpose

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served by the agency, activity, function, program or service continues to be relevant. It would

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also determine whether or not there is a genuine public need for the agency being reviewed.

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     This act would take effect upon passage.

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LC01203

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