H. B. 4112

         (By Delegates Morgan, Stephens, Hall, Hatfield,

                   Hartman, Householder, Howell, Nelson,

                        Snuffer and Staggers)

         [Introduced January 18, 2012; referred to the

         Committee on Government Organization then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-30-1, §29-30-2, §29-30-3, §29-30-4, §29-30-5, §29-30-6 and §29-30-7, all relating to streamlining state government; creating the Commission on Streamlining Government and providing for the membership, powers, duties, and functions of the commission; providing a procedure for the submission, consideration, approval, and implementation of recommendations of the Commission on Streamlining Government; providing for staff support and finances for the commission; providing for cooperation with and support for the commission; providing for the applicability of other laws; providing for termination; and providing for related matters.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §29-30-1, §29-30-2, §29-30-3, §29-30-4, §29-30-5, §29-30-6 and §29-30-7, all to read as follows:

ARTICLE 30. STREAMLINING GOVERNMENT.

§29-30-1. Purpose and findings.

    It is essential that the state act now to reduce the cost of state government, through all means available, including efficiencies, economies, greater effectiveness, and other means to streamline government and to ensure that available state tax dollars are being spent efficiently and effectively. Many state agencies were created over thirty years ago and a review of all agencies and its activities, functions, programs, and services is needed to determine whether the purpose served by the agency or activity, function, program, or service continues to be relevant.

§29-30-2. Definitions.

    As used in this section, the following terms shall have the following meanings:

    (1) "Activity" means a distinct subset of functions or services within a program.

    (2) "Agency" means and includes any office, department, board, commission, institution, division, office, instrumentality, or functional group that is authorized to exercise, or that does exercise, any functions in the executive branch of state government. "Agency" does not mean any public institution of education or postsecondary education, or any entity under the control of a public institution of postsecondary education or postsecondary education governing or management board.

    (3) "Commission" means the Commission on Streamlining Government.

    (4) "Functions" means duties, jurisdiction, powers, rights, and obligations, conferred or imposed upon, or vested in, any agency by law, or exercised, performed, or discharged by any agency without contravention of any provision of law.

    (5) "Objective" is a specific and measurable target for achievement which describes the exact results sought, which is expressed in an outcome-oriented statement that may reflect effectiveness, efficiency, or quality of work, and which may be either numeric or nonnumeric.

    (6) "Performance indicator" means a statement identifying an activity, input, output, outcome, achievement, ratio, efficiency, or quality to be measured relative to a particular goal or objective in order to assess an agency's performance.

    (7) "Performance standard" means the expected level of performance associated with a particular performance indicator for a particular period.

    (8) "Program" means a grouping of activities directed toward the accomplishment of a clearly defined objective or set of objectives.

    (9) "Quality" means degree or grade of excellence.

§29-30-3. Commission on Streamlining Government; established.

    (a) There is created the Commission on Streamlining Government to examine each agency's constitutional and statutory activities, functions, programs, services, powers, duties, and responsibilities to determine which of these activities, functions, programs, services, powers, duties, and responsibilities can be; (1) Eliminated; (2) streamlined; (3) consolidated; or (4) privatized, in an effort to reduce the size of state government.

    (b) The commission shall target agencies whose activities, functions, programs, or services can be consolidated or eliminated, in addition to identifying opportunities for privatizing current state activities, functions, programs, or services.

    (c) The commission shall examine the necessity and performance of activities, functions, programs, and services to ensure that they are meeting current performance standards effectively and efficiently and they are meeting the needs of West Virginia citizens.

    (d) The commission shall be composed as follows:

    (1) The Secretary of Administration, or the secretary's designee.

    (2) The Speaker of the House of Delegates, or the speaker’s designee.

    (3) The President of the Senate, or the president’s designee.

    (4) The Governor, or the Governor’s designee.

    (5) The chairman of the House Committee on Finance, or the chairman's designee.

    (6) The chairman of the Senate Committee on Finance, or the chairman's designee.

    (7) The Minority Leader of the House of Delegates, or the minority leader’s designee.

    (8) The Minority Leader of the Senate, or designee.

    (9) Two individuals engaged in private enterprise, appointed by the Governor;

    (e) The commission may hold public hearings as part of its evaluation process, and may appoint advisory groups to conduct studies, research or analyses, and make reports and recommendations with respect to a matter within the jurisdiction of the commission.

    (f) The names of the persons who are to serve on the commission shall be submitted on or before July 1, 2012.

    (g) The Governor shall call the first meeting of the commission which shall be held on or before July 30, 2012. The Governor shall chair the meetings.

§29-30-4. Procedure.

    (a) Reports submitted by the Commission on Streamlining Government pursuant to this section may include any of or any combination of the following:

    (1) Recommendations to eliminate, streamline, consolidate, or privatize constitutional and statutory agency activities, functions, programs, services, powers, duties, and responsibilities to provide the same or greater type and quality of activity, function, program, or service that will result in cost reduction or greater efficiency or effectiveness.

    (2) Recommendations to ensure that agency activities, functions, programs, and services are not duplicative and are necessary, meeting or exceeding performance standards, and meeting the needs of West Virginia citizens.

    (3) Recommendations for the elimination, consolidation, or privatization of an agency to provide a more cost efficient or more effective manner of providing an activity, function, program, or service.

    (4) Recommendations providing for the use of alternative resources to the operation of agencies, activities, functions, programs, and services to provide a more cost-effective manner without impacting the quality or availability of needed services.

    (5) Recommendations for standards, processes, and guidelines for agencies to use in order to review and evaluate government activities, functions, programs and services to eliminate, streamline, consolidate or privatize.

    (b) (1) The commission shall submit an initial report of its recommendations, including recommendations requiring legislation or administrative action, to the Governor and the Joint Committee on Government and Finance no later than December 1, 2012.

    (2) The commission shall prepare the recommendations in the report as a reorganization plan and submit the plan to the Joint Committee on Government and Finance for consideration by December 15, 2012 and the committee, shall review the plan by January 10, 2013.

    (3) Executive and legislative action as may be necessary to implement the reorganization plan as approved or modified by the two committees meeting jointly shall be taken as soon as possible.

§29-30-5. Staff support.

    The staffs of the Senate, House of Delegates, the budget office, legislative auditor, office of the Governor, and division of administration may provide staff support and otherwise assist the commission as requested by the commission. The commission may submit a written request to the President of the Senate, the Speaker of the House of Delegates, the budget office, the legislative auditor, or the Secretary of Administration, for specific support and assistance to be provided by the staffs of their respective agencies.

§29-30-6. Agency cooperation and assistance.

    (a) Each agency and political subdivision shall furnish aid, services, and assistance as may be requested by the commission.

    (b) Each officer, agency, and political subdivision shall make available all facts, records, information, and data requested by the commission and in all ways cooperate with the commission in carrying out the functions and duties imposed by this article.

§29-30-7. Finances.

    (a) The commission may apply for, contract for, receive, and expend for purpose of this article any appropriation or grant from the state, its political subdivisions, the federal government, or any other public or private source.

    (b) The books and records of the commission shall be subject to audit by the legislative auditor.

    NOTE: The purpose of this bill is to create a Commission on Streamlining Government.

    This article is new; therefore, it is completely underlined.