SENATE DOCKET, NO. 1691        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1735

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act establishing the Commonwealth Competition Council.

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PETITION OF:

SENATE DOCKET, NO. 1691        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1735

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1550 OF 2013-2014.]

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act establishing the Commonwealth Competition Council.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 7 of the General Laws is hereby amended by striking sections 52 to 55, inclusive, in their entirety and inserting in place thereof the following sections:-

Section 52. Definitions

As used in sections fifty-two to fifty-five, inclusive, the following words shall have the following meanings:--

“Council”, the Commonwealth Competition Council.

“Privatization” means a variety of techniques and activities which promote more involvement of the private sector in providing services that have traditionally been provided by government. It also includes methods of providing a portion or all of select government-provided or government-produced programs and services through the private sector.

“Agency”', an executive office, department, division, board, commission or other office or officer in the executive branch of the government of the commonwealth, the Massachusetts Bay Transportation Authority, the Massachusetts Turnpike Authority, the Massachusetts Port Authority and the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority.

Section 53. Creation of Council and Duties

A. There is hereby created in the executive branch the Commonwealth Competition Council.

B. The council shall examine and promote methods of providing a portion or all of select government-provided or government-produced programs and services through the private sector by a competitive contracting program, and advise the governor, the legislature, and executive branch agencies of the council's findings and recommendations.

C. The council shall develop an institutional framework for a statewide competitive program to encourage innovation and competition within state government.

D. The council shall establish a system to encourage the use of feasibility studies and innovation to determine where competition could reduce government costs without adversely impacting the public.

E. The council shall monitor the products and services of state agencies to bring an element of competition and to ensure a spirit of innovation and entrepreneurship.

F. The council shall advocate, develop and accelerate implementation of a competitive program for state entities to ensure competition for the provision or production of government services, or both, from both public and private sector entities.

G. The council shall establish approval, planning, and reporting processes required to carry out the functions of the council.

H. The council shall determine the privatization potential of a program or activity; perform cost/benefit analyses; and conduct public and private performance analyses. The secretary for administration and finance shall independently certify the results of the comparison.

I. The council shall devise, in consultation with the secretary for administration and finance, evaluation criteria to be used in conducting performance reviews of any program or activity which is subject to a privatization recommendation.

J. The council shall, to the extent practicable and to the extent that resources are available, make its services available for a fair compensation to any political subdivision of the Commonwealth.

Section 54. Appointment

A. The council shall consist of thirteen members; 2 members of the senate, 1 of whom shall be appointed by the minority leader; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader; four employees of executive branch agencies to be appointed by the governor; two members of the private sector to be appointed by the governor; one member of the private sector to be appointed by the speaker of the house; one member of the private sector to be appointed by the president of the senate; and one member of an organized labor group appointed by the governor.

B. Legislative members shall serve on the council until the expiration of their terms of office or until their successor shall qualify. Three of the members who are employees of the executive branch, one member from the private sector and member of organized labor appointed by the governor shall be appointed for terms of three years. Members of the private sector appointed by the speaker of the house and president of the senate shall be appointed for terms of three years.

C. Appointments to fill vacancies shall be for the unexpired terms. No person shall be eligible to serve for or during more than two successive three-year terms. Executive branch agency members shall serve only as long as they retain their positions.

D. The council shall annually elect its chairman and vice chairman from among its members.

E. Seven members of the council shall constitute a quorum. No action shall be taken by the council without the concurrence of at least six members.

Section 55. Cooperation of other state agencies.

All agencies of the Commonwealth shall cooperate with the council and, upon request, assist the council in the performance of its duties and responsibilities. The council shall not impose unreasonable burdens or costs in connection with requests of agencies.