Bill Text: NY S00413 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes the empire state performance commission in the executive department for the purpose of designing and advising the governor and the legislature on the implementation of a performance-management and performance-budgeting system.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-03-12 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S00413 Detail]
Download: New_York-2011-S00413-Amended.html
Bill Title: Establishes the empire state performance commission in the executive department for the purpose of designing and advising the governor and the legislature on the implementation of a performance-management and performance-budgeting system.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-03-12 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S00413 Detail]
Download: New_York-2011-S00413-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
413--A
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sens. KRUEGER, MONTGOMERY, SERRANO, VALESKY -- read twice
and ordered printed, and when printed to be committed to the Committee
on Finance -- reported favorably from said committee and committed to
the Committee on Rules -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to establishing the
empire state performance commission in the executive department for
the purpose of designing and advising the governor and the legislature
on the implementation of a performance-management and performance-
budgeting system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "empire state performance commission act".
3 S 2. Legislative intent. New York's lack of a comprehensive perfor-
4 mance-budgeting scheme for state-funded programs often leads to irreg-
5 ular appropriation practices and rigid across-the-board cuts, without
6 regard to the programs' effectiveness. A performance-management and
7 performance-budgeting system that ties program funding to the results
8 the programs achieve would provide lawmakers with more flexibility in
9 making budget decisions and provide the public with a means by which
10 they can evaluate how their tax dollars are being spent.
11 The legislature recognizes that implementing and maintaining a compre-
12 hensive system of performance-management and performance-budgeting is a
13 complicated process that will require cooperation between the legisla-
14 tive and executive branches in order to be successful. Unilaterally
15 imposing performance-management and performance-budgeting requirements
16 on executive agencies would likely be unproductive and ineffective.
17 Reforming the state budget process requires careful deliberation that
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00840-02-1
S. 413--A 2
1 includes feedback from the various stakeholders in the process, includ-
2 ing the public.
3 This legislation creates a blue ribbon commission that will be charged
4 with designing a performance-management and performance-budgeting model
5 for New York to adopt. The commission is structured to elicit input from
6 both houses of the legislature, the governor, executive agencies, and
7 the public. Additionally, it is expected that the commission will
8 consult with performance-management and/or performance-budgeting
9 experts, other state governments, and/or academic research on perfor-
10 mance-management and performance-budgeting. The intent of the legisla-
11 ture in creating this commission is to have legislation ready for
12 passage in 2013 that implements a performance-management and perfor-
13 mance-budgeting system starting with the 2014-2015 budget.
14 S 3. The executive law is amended by adding a new article 51 to read
15 as follows:
16 ARTICLE 51
17 EMPIRE STATE PERFORMANCE COMMISSION
18 SECTION 1010. EMPIRE STATE PERFORMANCE COMMISSION; PURPOSE.
19 1011. MEMBERSHIP; TERMS; CHAIRMAN AND VICE CHAIRMAN.
20 1012. DUTIES OF THE COMMISSION.
21 1013. DELIBERATIONS OF THE COMMISSION; ADVISORY COMMITTEES.
22 1014. STAFF; COOPERATION AND ASSISTANCE.
23 S 1010. EMPIRE STATE PERFORMANCE COMMISSION; PURPOSE. THE EMPIRE STATE
24 PERFORMANCE COMMISSION (THE COMMISSION) IS ESTABLISHED AS A BLUE RIBBON
25 COMMISSION IN THE EXECUTIVE DEPARTMENT. THE PURPOSE OF THE COMMISSION IS
26 TO DESIGN AND ADVISE THE GOVERNOR AND THE LEGISLATURE ON THE IMPLEMENTA-
27 TION OF A PERFORMANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM. WHEN
28 USED IN THIS ARTICLE, THE TERM "PERFORMANCE-MANAGEMENT" MEANS A MANAGE-
29 MENT SYSTEM CONSISTING OF STRATEGIC PLANNING, STRATEGIC PERFORMANCE AND
30 PRODUCTIVITY MEASUREMENT, PROGRAM EVALUATION, AND PERFORMANCE BUDGETING,
31 AND THE TERM "PERFORMANCE-BUDGETING" MEANS A SYSTEMIC INCORPORATION OF
32 PLANNING, STRATEGIC PERFORMANCE AND PRODUCTIVITY MEASUREMENT, AND
33 PROGRAM EVALUATION INFORMATION INTO THE BUDGETARY PROCESS.
34 S 1011. MEMBERSHIP; TERMS; CHAIRMAN AND VICE CHAIRMAN. 1. THE COMMIS-
35 SION SHALL BE COMPOSED OF FIFTEEN MEMBERS THAT INCLUDE SIX LEGISLATIVE
36 MEMBERS AND NINE NON-LEGISLATIVE MEMBERS AS FOLLOWS:
37 (A) THE GOVERNOR;
38 (B) THE COMPTROLLER;
39 (C) THE SPEAKER OF THE ASSEMBLY;
40 (D) THE MINORITY LEADER OF THE ASSEMBLY;
41 (E) THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE;
42 (F) THE TEMPORARY PRESIDENT OF THE SENATE;
43 (G) THE MINORITY LEADER OF THE SENATE;
44 (H) THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE;
45 (I) ONE NON-LEGISLATIVE CITIZEN MEMBER APPOINTED BY THE SPEAKER OF THE
46 ASSEMBLY;
47 (J) ONE NON-LEGISLATIVE CITIZEN MEMBER APPOINTED BY THE TEMPORARY
48 PRESIDENT OF THE SENATE;
49 (K) THE DIRECTOR OF THE DIVISION OF THE BUDGET;
50 (L) TWO EXECUTIVE DEPARTMENT HEADS APPOINTED BY THE GOVERNOR; AND
51 (M) TWO NON-LEGISLATIVE CITIZEN MEMBERS APPOINTED BY THE GOVERNOR.
52 2. THE LEGISLATIVE LEADERS SHALL SUBMIT THEIR APPOINTMENTS TO THE
53 GOVERNOR, AND THE GOVERNOR SHALL MAKE HIS OR HER APPOINTMENTS, NO LATER
54 THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE. IF ANY SUCH
55 APPOINTMENT IS NOT MADE BY SUCH DATE, THE APPOINTING OFFICER MAY MAKE
56 THE APPOINTMENT AFTER THAT DATE, BUT THE VACANT APPOINTMENT SHALL NOT
S. 413--A 3
1 COUNT FOR CALCULATION OF A QUORUM UNTIL IT IS FILLED. THE GOVERNOR AND
2 THE COMPTROLLER SHALL SERVE ON THE COMMISSION COINCIDENT WITH THEIR
3 TERMS OF OFFICE. LEGISLATIVE MEMBERS, THE DIRECTOR OF THE DIVISION OF
4 THE BUDGET, AND THE TWO EXECUTIVE DEPARTMENT HEADS APPOINTED BY THE
5 GOVERNOR SHALL SERVE ON THE COMMISSION COINCIDENT WITH THEIR HOLDING
6 THEIR RESPECTIVE POSITIONS. IN THE EVENT THAT A LEGISLATIVE MEMBER
7 HOLDS MORE THAN ONE OF THE POSITIONS LISTED IN SUBDIVISION ONE OF THIS
8 SECTION, SUCH LEGISLATIVE MEMBER SHALL DESIGNATE ANOTHER LEGISLATIVE
9 MEMBER OR MEMBERS, AS APPLICABLE, TO SERVE AS THE REPRESENTATIVE FOR THE
10 OTHER POSITION OR POSITIONS. NON-LEGISLATIVE CITIZEN MEMBERS SHALL BE
11 APPOINTED FOR A TERM ENDING ONE YEAR SUBSEQUENT TO THE EFFECTIVE DATE OF
12 THIS ARTICLE, OR JUNE FIRST, TWO THOUSAND THIRTEEN, WHICHEVER IS LATER.
13 VACANCIES SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINT-
14 MENTS. THE GOVERNOR SHALL SERVE AS THE CHAIRMAN OF THE COMMISSION. THE
15 COMMISSION SHALL ELECT A VICE CHAIRMAN FROM ITS MEMBERSHIP.
16 3. THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
17 THEIR SERVICES AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECES-
18 SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. MEMBERS OF
19 THE COMMISSION SHALL BE CONSIDERED PUBLIC OFFICERS FOR PURPOSES OF
20 SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
21 S 1012. DUTIES OF THE COMMISSION. THE COMMISSION SHALL HAVE THE
22 FOLLOWING DUTIES:
23 1. DESIGN A PERFORMANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM
24 FOR THE STATE WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING:
25 (A) STRATEGIC PLANNING;
26 (B) PERFORMANCE MEASUREMENT;
27 (C) PROGRAM EVALUATION;
28 (D) UNIFORM STANDARDS FOR MEASURING, COMPILING, AND REPORTING PERFORM-
29 ANCE INFORMATION;
30 (E) A WEBSITE OR OTHER APPROPRIATE MEANS FOR DISSEMINATING INFORMATION
31 ABOUT THE PERFORMANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM TO THE
32 PUBLIC; AND
33 (F) A CONTINUING OVERSIGHT AND ADVISORY ROLE FOR THE COMMISSION.
34 2. ESTABLISH A TIMETABLE FOR PHASING IN AND ESTABLISHING A PERFOR-
35 MANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM.
36 3. PROVIDE ADVICE ON THE IMPLEMENTATION OF THE PERFORMANCE-MANAGEMENT
37 AND PERFORMANCE-BUDGETING SYSTEM ACROSS STATE GOVERNMENT.
38 4. RECOMMEND A SYSTEMATIC PROCESS FOR THE PERIODIC EVALUATION OF THE
39 PERFORMANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM WHICH PROVIDES
40 FOR ENHANCED OPPORTUNITIES FOR PUBLIC PARTICIPATION AND INPUT.
41 5. SOLICIT PUBLIC INPUT ON APPROPRIATE ASPECTS OF PERFORMANCE-MANAGE-
42 MENT AND PERFORMANCE-BUDGETING AS DETERMINED BY THE COMMISSION.
43 6. ON OR BEFORE MARCH FIRST, TWO THOUSAND THIRTEEN, THE COMMISSION
44 SHALL RECOMMEND TO THE GOVERNOR AND THE LEGISLATURE LEGISLATION IMPLE-
45 MENTING A PERFORMANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM FOR
46 THE STATE STARTING WITH FISCAL YEAR TWO THOUSAND FOURTEEN--TWO THOUSAND
47 FIFTEEN. AT THE SAME TIME, THE COMMISSION SHALL SUBMIT TO THE GOVERNOR
48 AND THE LEGISLATURE A SUMMARY REPORT OF THE ACTIVITY AND FINDINGS OF THE
49 COMMISSION. THE COMMISSION SHALL DISSOLVE AT THE EXPIRATION OF ONE YEAR
50 SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ARTICLE, OR JUNE FIRST, TWO
51 THOUSAND THIRTEEN, WHICHEVER IS LATER.
52 S 1013. DELIBERATIONS OF THE COMMISSION; ADVISORY COMMITTEES. 1. THE
53 COMMISSION SHALL MEET AT LEAST FOUR TIMES. THE MEETINGS OF THE COMMIS-
54 SION SHALL BE HELD AT THE CALL OF THE CHAIRMAN OR WHENEVER FIVE OR MORE
55 MEMBERS SO REQUEST. A MAJORITY OF MEMBERS OF THE COMMISSION SHALL
56 CONSTITUTE A QUORUM. APPROVAL OF ANY MATTER SHALL REQUIRE THE AFFIRMA-
S. 413--A 4
1 TIVE VOTE OF A MAJORITY OF THE MEMBERS VOTING THEREON. MEMBERS MAY
2 DESIGNATE AND AUTHORIZE ANOTHER PERSON TO ACT FOR HIM OR HER BY PROXY.
3 PROXIES SHALL BE REVOCABLE AT THE PLEASURE OF THE MEMBER EXECUTING IT.
4 2. THE DELIBERATIONS, MEETINGS AND OTHER PROCEEDINGS OF THE COMMISSION
5 AND ANY COMMITTEE THEREOF SHALL BE GOVERNED BY ARTICLE SEVEN OF THE
6 PUBLIC OFFICERS LAW. ANY ONE OR MORE MEMBERS MAY PARTICIPATE IN A MEET-
7 ING BY MEANS OF A CONFERENCE TELEPHONE, CONFERENCE VIDEO OR SIMILAR
8 COMMUNICATIONS EQUIPMENT ALLOWING ALL PERSONS PARTICIPATING IN THE MEET-
9 ING TO HEAR EACH OTHER AT THE SAME TIME. PARTICIPATION BY SUCH MEANS
10 SHALL CONSTITUTE PRESENCE IN PERSON AT A MEETING. AT ANY MEETINGS OF THE
11 COMMISSION CONDUCTED BY MEANS OF A CONFERENCE TELEPHONE, CONFERENCE
12 VIDEO OR SIMILAR COMMUNICATIONS EQUIPMENT, OTHER THAN EXECUTIVE
13 SESSIONS, THE PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO LISTEN. IF A MEET-
14 ING OTHER THAN AN EXECUTIVE SESSION IS TO BE CONDUCTED BY MEANS OF A
15 CONFERENCE TELEPHONE, CONFERENCE VIDEO OR SIMILAR COMMUNICATIONS EQUIP-
16 MENT, THE PUBLIC NOTICE FOR THE MEETING SHALL INFORM THE PUBLIC THAT
17 SUCH EQUIPMENT WILL BE USED, AND IDENTIFY THE MEANS BY WHICH THE PUBLIC
18 MAY LISTEN TO SUCH MEETING.
19 3. THE COMMISSION MAY FORM SUCH ADVISORY COMMITTEES AS IT DEEMS NECES-
20 SARY, CONVENIENT, OR DESIRABLE TO ADVISE AND ASSIST IN PERFORMING THE
21 DUTIES CONFERRED BY THIS ARTICLE.
22 S 1014. STAFF; COOPERATION AND ASSISTANCE. 1. THE DIVISION OF THE
23 BUDGET SHALL PROVIDE STAFF ASSISTANCE TO THE COMMISSION. ADDITIONAL
24 ASSISTANCE AS NEEDED SHALL BE PROVIDED BY THE STAFFS OF THE ASSEMBLY
25 WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE. ALL AGENCIES,
26 AUTHORITIES, AND INSTITUTIONS OF THE STATE SHALL COOPERATE AND PROVIDE
27 SUCH ASSISTANCE TO THE COMMISSION AS THE COMMISSION MAY REQUEST.
28 2. THE CHAIRMAN, IN CONSULTATION WITH THE COMMISSION, MAY HIRE OR
29 APPOINT AN EXECUTIVE DIRECTOR FOR THE COMMISSION IF DEEMED NECESSARY.
30 S 4. This act shall take effect immediately.
