Bill Text: PA HB588 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for legislative findings and intent, for establishment of the Keystone Alliance for Performance Excellence Awards and for the Keystone Alliance for Performance Excellence Advisory Council; repealing provisions relating to board of examiners and panel of judges; and further providing for establishment of the foundation, for awards and for restriction on funds from Commonwealth.

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Engrossed - Dead) 2009-05-11 - Referred to COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT [HB588 Detail]

Download: Pennsylvania-2009-HB588-Introduced.html

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PRINTER'S NO. 645
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 588 Session of2009
INTRODUCED BY MARKOSEK, BRENNAN, DALEY, FLECK, FREEMAN, GEORGE, GOODMAN, KIRKLAND, KORTZ, LONGIETTI, MAHONEY, PASHINSKI, READSHAW, SIPTROTH, SWANGER, VULAKOVICH, WALKO AND YOUNGBLOOD, FEBRUARY 24, 2009
REFERRED TO COMMITTEE ON COMMERCE, FEBRUARY 24, 2009
AN ACT
Amending the act of November 24, 1992 (P.L.732, No.111),
entitled "An act establishing the Pennsylvania Quality
Leadership Awards, the Pennsylvania Quality Leadership Awards
Council, the Pennsylvania Quality Leadership Foundation and
criteria and a selection process for the awards; and
providing for presentation of the awards," further providing
for legislative findings and intent, for establishment of the
Keystone Alliance for Performance Excellence Awards, for the
Keystone Alliance for Performance Excellence Advisory
Council; repealing provisions relating to board of examiners
and panel of judges; and further providing for establishment
of the foundation, for awards and for restriction on funds
from Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2(a), 4 and 5 of the act of November 24,
1992 (P.L.732, No.111), known as the Pennsylvania Quality
Improvement Act, are amended to read:
Section 2. Legislative findings and intent.
(a) Findings.--
(1) Strategic planning for quality and quality
improvement programs, through a commitment to excellence in
manufacturing and services, are becoming more and more
essential to the well-being of this Commonwealth's economy
and its ability to compete effectively in the national and
international marketplace.
(2) The concept of quality improvement is directly
applicable to large [and small companies, to manufacturing
and service industries and to the private and public
sectors.], medium and small businesses in manufacturing,
service, education, health care, nonprofit and governmental
industries, both public and private.
(3) American business and industry are beginning to
understand that poor quality costs companies as much as 20%
of sales revenues and that improved quality of goods and
services goes hand-in-hand with improved productivity, lower
costs and increased profitability.
(4) The public sector has been criticized for
inefficiency in the administration of its services. Applying
for these quality awards may prompt a reduction in these
inefficiencies.
(5) The Federal Government[, as well as several] and 40
state governments[, has] have developed quality award
programs to give special recognition to those enterprises
which have demonstrated excellence in quality and to
encourage quality improvement.
(6) A quality award program of this kind in this
Commonwealth would help improve quality and productivity by:
(i) helping to stimulate the public and private
sectors in this Commonwealth to improve quality and
productivity;
(ii) recognizing the achievements of those in the
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public and private sectors who improve the quality of
their goods and services and provide an example to
others;
(iii) establishing guidelines and criteria that can
be used by business, industrial, government and other
organizations in evaluating their own quality improvement
efforts; and
(iv) providing specific guidance for other
organizations in this Commonwealth that wish to learn how
to manage for high quality by making available detailed
information on how successful organizations were able to
achieve eminence.
* * *
[Section 4. Establishment of the Pennsylvania Quality
Leadership Awards.
There are hereby established:
(1) the Governor's Quality Leadership Award, which
recognizes the highest level of achievement in quality;
(2) the Keystone Quality Leadership Award, which
recognizes the next highest level of achievement in quality;
and
(3) the Kornerstone Quality Leadership Award, which
recognizes a significant level of achievement in quality.]
Section 4. Keystone Alliance for Performance Excellence Awards.
The Keystone Alliance for Performance Excellence Awards,
which recognize the highest level of achievement in their
categories, are established.
Section 5. [Pennsylvania Quality Leadership Awards] Keystone
Alliance for Performance Excellence Advisory Council.
(a) Establishment.--There is hereby established the
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[Pennsylvania Quality Leadership Awards] Keystone Alliance for
Performance Excellence Advisory Council. The council shall be a
board of [overseers] advisors that provide guidance and
recommendations for maintaining and improving Keystone Alliance
for Performance Excellence Awards and shall consist of the
following members:
[(1) The Lieutenant Governor.
(2) The Secretary of Commerce.
(3) The Secretary of Labor and Industry.
(4) A member appointed by the President pro tempore of
the Senate.
(5) A member appointed by the Speaker of the House of
Representatives.
(6) A representative from the Pennsylvania AFL-CIO.
(7) A representative from the Pennsylvania Chamber of
Business and Industry.
(8) A representative from the Pennsylvania Association
of Colleges and Universities.
(9) The Chairman of the Board of the Pennsylvania
Quality Leadership Foundation.
(10) Not more than 11 chief executive officers or the
highest ranking official of a Governor's Quality Award
winning organization.]
(1) A representative from the Governor's Office.
(2) The Secretary of Community and Economic Development.
(3) The Secretary of Labor and Industry.
(4) A member appointed by the President pro tempore of
the Senate.
(5) A member appointed by the Minority Leader of the
Senate.
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(6) A member appointed by the Speaker of the House of
Representatives.
(7) A member appointed by the Minority Leader of the
House of Representatives.
(8) A representative from the National Institute of
Standards and Technology.
(9) A chief executive officer or highest ranking officer
from a Pennsylvania Malcolm Baldrige award-winning
organization.
(10) The President of the Pennsylvania Chamber of
Business and Industry.
(11) The Chairperson of the Board of the Keystone
Alliance for Performance Excellence Foundation.
(12) A representative from a labor union organization.
(13) A president of a university, college or community
college in this Commonwealth.
(14) A representative of the Pennsylvania Association of
Nonprofit Organizations.
(15) A representative of the Keystone Alliance for
Performance Excellence.
(b) Appointment.--The members provided for in subsection
[(a)(6), (7), (8) and (10)] (a)(8), (9), (12) and (13) shall be
appointed by the Governor.
(c) Organization.--The council shall elect from its own
members a chairperson. The Chairperson of the Board of the
[Pennsylvania Quality Leadership Foundation] Keystone Alliance
for Performance Excellence shall not be eligible for this
office.
(d) Terms.--Appointed members of the council shall serve at
the pleasure of the Governor or other appointing authority
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except for the chief executive officers and [highest ranking
officials] members appointed under subsection (a)(9) and (13)
who shall be selected by their own members and serve a single
term of three years.
(e) Powers and duties.--The council shall have the following
powers and its duty shall be to:
[(1) approve guidelines and criteria for the awards;
(2) approve and announce award recipients;
(3) select a board of examiners;
(4) appoint a panel of judges; and
(5) suggest improvements in the form or coverage of the
awards.]
(1) review guidelines for awards and recommend
improvements to the awards process;
(2) recommend strategies for advancing the mission of
the Keystone Alliance for Performance Excellence Awards;
(3) promote awareness and benefits of participation in
the process;
(4) maintain integrity of the award process; and
(5) recommend areas of improvement to the board of
directors and to the foundation.
Section 2. Section 6 of the act is repealed:
[Section 6. Board of examiners; panel of judges.
(a) Board of examiners.--A board of examiners shall be
selected annually by the council after submission and receipt of
the requisite applications. The board of examiners shall consist
of quality experts selected on the basis of expertise,
experience and peer recognition. The board of examiners shall
review the applications received from the submitting
organizations. A site visit may be required to verify the level
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of quality claimed. The examination shall encompass all of the
organization's current practice of quality management, as well
as the organization's provision for quality management in its
future goals.
(b) Panel of judges.--A panel of judges shall be appointed
annually by the council from members of the board of examiners.
The panel of judges shall review the findings and
recommendations of the board of examiners at each stage of the
evaluation process and recommend award recipients to the council
for its approval.]
Section 3. Sections 7, 8(c) and 11 of the act are amended to
read:
Section 7. Establishment of the foundation.
(a) Establishment.--There is hereby established the
[Pennsylvania Quality Leadership] Keystone Alliance for
Performance Excellence Foundation, which shall be organized as a
nonprofit organization pursuant to the provisions of section
501(c)(3) of the Internal Revenue Code of 1986 (Public Law
99-514, 26 U.S.C. § 1 et seq.).
(b) Board of directors.--The foundation shall be managed by
a board of directors consisting of the following members:
(1) the [President] Executive Director of the
[Pennsylvania Quality Leadership Foundation] Keystone
Alliance for Performance Excellence;
(2) [fifteen representatives from businesses;]
representatives from both the public and private sectors in
government, manufacturing, service, education, health care,
technology and community development organizations recognized
Statewide or nationally for their work in continuous quality
improvement;
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(3) three representatives from educational institutions;
[and]
(4) two representatives from economic development
organizations[.]; and
(5) two representatives of the Pennsylvania Association
of Nonprofit Organizations.
(c) Organization.--The board of directors shall [elect from
its own membership a chairperson. The board of directors shall
appoint the President of the Pennsylvania Quality Leadership
Foundation. The President] be appointed by the advisory council
and shall elect from its own membership a chairperson. Upon the
term limitation of each member of the board, the council shall
appoint new members to the foundation. The Executive Director of
the [Pennsylvania Quality Leadership Foundation] Keystone
Alliance for Performance Excellence shall not be eligible for
this office.
(d) Terms.--Except for the president of the foundation,
members may serve a maximum of two three-year terms.
(e) Powers and duties.--The foundation shall have the
following powers and its duty shall be to:
[(1) develop and recommend for approval by the council
guidelines and criteria for the awards;
(2) solicit and receive funds from public and private
sources for the purpose of financing the awards program;
(3) impose fees upon organizations applying for the
awards;
(4) organize a marketing and publicity campaign for the
awards program;
(5) provide information about the awards and the
successful quality improvement strategies and programs of
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award-winning participants to all interested persons and
organizations;
(6) support and promote training and education programs
to enhance management and workforce attitudes toward and
commitment to quality;
(7) promote and support any research program or other
activity which will encourage and enhance quality achievement
in this Commonwealth;
(8) ensure that all award applicants receive the
complete results of their evaluations, as well as detailed
explanations of all suggestions for improvements;
(9) recommend other appropriate changes to the council;
and
(10) provide administrative evaluation support for the
council.]
(1) Solicit and receive funds from private and public
sources for the purpose of financing the Keystone Alliance
for Performance Excellence Awards program.
(2) Approve fees for organizations that apply for
awards.
(3) Approve marketing and publicity strategies.
(4) Approve other funding sources.
(5) Promote participation in the awards program.
(6) Require members to contribute to the foundation and
be role models for other donors.
(7) Participate in fundraising and public relations
events.
(8) Attend annual awards programs.
(9) Appoint an executive director and fix the term of
employment.
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(10) Approve the foundation's budget.
(11) Recommend areas of program improvement and
development.
(f) Confidentiality of applications.--Under no circumstances
shall any person assigned to provide evaluation support for the
council discuss and/or divulge any application receipt or
processing prior to the announcement of award recipients by the
council.
Section 8. Awards.
* * *
(c) Limitation.--No organization shall be eligible to
receive more than one Governor's Quality Leadership Award in a
[five-year] four-year period.
Section 11. Restriction on funds from Commonwealth.
Neither the council nor the [foundation] Keystone Alliance
for Performance Excellence shall be eligible to apply for or
receive funds from the Commonwealth [whether] by appropriation
[or grant after September 30, 1992].
Section 4. This act shall take effect in 60 days.
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