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S05013 Summary:

BILL NOS05013
 
SAME ASNo Same As
 
SPONSORKRUEGER
 
COSPNSRHOYLMAN, MONTGOMERY, SERRANO, STAVISKY
 
MLTSPNSR
 
Add Art 51 1010 - 1014, Exec L
 
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.
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S05013 Actions:

BILL NOS05013
 
03/06/2017REFERRED TO FINANCE
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S05013 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5013
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      March 6, 2017
                                       ___________
 
        Introduced  by  Sens. KRUEGER, HOYLMAN, MONTGOMERY, SERRANO, STAVISKY --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Finance
 
        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    § 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
    18  includes  feedback from the various stakeholders in the process, includ-
    19  ing the public.
    20    This legislation creates a blue ribbon commission that will be charged
    21  with designing a performance-management and performance-budgeting  model

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05555-01-7

        S. 5013                             2
 
     1  for New York to adopt. The commission is structured to elicit input from
     2  both  houses  of  the legislature, the governor, executive agencies, and
     3  the public. Additionally,  it  is  expected  that  the  commission  will
     4  consult   with   performance-management   and/or   performance-budgeting
     5  experts, other state governments, and/or academic  research  on  perfor-
     6  mance-management  and  performance-budgeting. The intent of the legisla-
     7  ture in creating this  commission  is  to  have  legislation  ready  for
     8  passage  in  2018  that  implements a performance-management and perfor-
     9  mance-budgeting system starting with the 2019-2020 budget.
    10    § 3. The executive law is amended by adding a new article 51  to  read
    11  as follows:
    12                                 ARTICLE 51
    13                     EMPIRE STATE PERFORMANCE COMMISSION
    14  Section 1010. Empire state performance commission; purpose.
    15          1011. Membership; terms; chairman and vice chairman.
    16          1012. Duties of the commission.
    17          1013. Deliberations of the commission; advisory committees.
    18          1014. Staff; cooperation and assistance.
    19    § 1010. Empire state performance commission; purpose. The empire state
    20  performance commission is established as a blue ribbon commission in the
    21  executive  department.  The  purpose  of the commission is to design and
    22  advise the governor and the  legislature  on  the  implementation  of  a
    23  performance-management  and  performance-budgeting  system. When used in
    24  this article,  the  term  "performance-management"  means  a  management
    25  system  consisting  of  strategic  planning,  strategic  performance and
    26  productivity measurement, program evaluation, and performance budgeting,
    27  and the term "performance-budgeting" means a systemic  incorporation  of
    28  planning,   strategic  performance  and  productivity  measurement,  and
    29  program evaluation information into the budgetary process.
    30    § 1011. Membership; terms; chairman and vice chairman. 1. The  commis-
    31  sion  shall  be composed of fifteen members that include six legislative
    32  members and nine non-legislative members as follows:
    33    (a) the governor;
    34    (b) the comptroller;
    35    (c) the speaker of the assembly;
    36    (d) the minority leader of the assembly;
    37    (e) the chairman of the assembly ways and means committee;
    38    (f) the temporary president of the senate;
    39    (g) the minority leader of the senate;
    40    (h) the chairman of the senate finance committee;
    41    (i) one non-legislative citizen member appointed by the speaker of the
    42  assembly;
    43    (j) one non-legislative citizen  member  appointed  by  the  temporary
    44  president of the senate;
    45    (k) the director of the division of the budget;
    46    (l) two executive department heads appointed by the governor; and
    47    (m) two non-legislative citizen members appointed by the governor.
    48    2.  The  legislative  leaders  shall  submit their appointments to the
    49  governor, and the governor shall make his or her appointments, no  later
    50  than  thirty days after the effective date of this article.  If any such
    51  appointment is not made by such date, the appointing  officer  may  make
    52  the  appointment  after  that date, but the vacant appointment shall not
    53  count for calculation of a quorum until it is filled. The  governor  and
    54  the  comptroller  shall  serve  on  the commission coincident with their
    55  terms of office. Legislative members, the director of  the  division  of
    56  the  budget,  and  the  two  executive department heads appointed by the

        S. 5013                             3
 
     1  governor shall serve on the commission  coincident  with  their  holding
     2  their  respective  positions.    In  the event that a legislative member
     3  holds more than one of the positions listed in subdivision one  of  this
     4  section,  such  legislative  member  shall designate another legislative
     5  member or members, as applicable, to serve as the representative for the
     6  other position or positions. Non-legislative citizen  members  shall  be
     7  appointed for a term ending one year subsequent to the effective date of
     8  this  article, or June first, two thousand eighteen, whichever is later.
     9  Vacancies shall be filled in the same manner as  the  original  appoint-
    10  ments.  The  governor shall serve as the chairman of the commission. The
    11  commission shall elect a vice chairman from its membership.
    12    3. The members of the commission shall  receive  no  compensation  for
    13  their  services as members, but shall be allowed their actual and neces-
    14  sary expenses incurred in the performance of their  duties.  Members  of
    15  the  commission  shall  be  considered  public  officers for purposes of
    16  section seventeen of the public officers law.
    17    § 1012. Duties of  the  commission.  The  commission  shall  have  the
    18  following duties:
    19    1.  Design  a  performance-management and performance-budgeting system
    20  for the state which may include, but is not limited to, the following:
    21    (a) strategic planning;
    22    (b) performance measurement;
    23    (c) program evaluation;
    24    (d) uniform standards for measuring, compiling, and reporting perform-
    25  ance information;
    26    (e) a website or other appropriate means for disseminating information
    27  about the performance-management and performance-budgeting system to the
    28  public; and
    29    (f) a continuing oversight and advisory role for the commission.
    30    2. Establish a timetable for phasing in  and  establishing  a  perfor-
    31  mance-management and performance-budgeting system.
    32    3.  Provide advice on the implementation of the performance-management
    33  and performance-budgeting system across state government.
    34    4. Recommend a systematic process for the periodic evaluation  of  the
    35  performance-management  and  performance-budgeting system which provides
    36  for enhanced opportunities for public participation and input.
    37    5. Solicit public input on appropriate aspects of  performance-manage-
    38  ment and performance-budgeting as determined by the commission.
    39    6.  On  or  before  March first, two thousand eighteen, the commission
    40  shall recommend to the governor and the legislature  legislation  imple-
    41  menting  a  performance-management  and performance-budgeting system for
    42  the state starting with fiscal year two thousand nineteen--two  thousand
    43  twenty.  At  the  same time, the commission shall submit to the governor
    44  and the legislature a summary report of the activity and findings of the
    45  commission. The commission shall dissolve at the expiration of one  year
    46  subsequent  to  the  effective  date of this article, or June first, two
    47  thousand eighteen, whichever is later.
    48    § 1013. Deliberations of the commission; advisory committees.  1.  The
    49  commission  shall  meet at least four times. The meetings of the commis-
    50  sion shall be held at the call of the chairman or whenever five or  more
    51  members  so  request.  A  majority  of  members  of the commission shall
    52  constitute a quorum. Approval of any matter shall require  the  affirma-
    53  tive  vote  of  a  majority  of  the members voting thereon. Members may
    54  designate and authorize another person to act for him or her  by  proxy.
    55  Proxies shall be revocable at the pleasure of the member executing it.

        S. 5013                             4
 
     1    2. The deliberations, meetings and other proceedings of the commission
     2  and  any  committee  thereof  shall  be governed by article seven of the
     3  public officers law. Any one or more members may participate in a  meet-
     4  ing  by  means  of  a  conference telephone, conference video or similar
     5  communications equipment allowing all persons participating in the meet-
     6  ing  to  hear  each other at the same time.  Participation by such means
     7  shall constitute presence in person at a meeting. At any meetings of the
     8  commission conducted by means  of  a  conference  telephone,  conference
     9  video   or   similar  communications  equipment,  other  than  executive
    10  sessions, the public shall be given an opportunity to listen. If a meet-
    11  ing other than an executive session is to be conducted  by  means  of  a
    12  conference  telephone, conference video or similar communications equip-
    13  ment, the public notice for the meeting shall  inform  the  public  that
    14  such  equipment will be used, and identify the means by which the public
    15  may listen to such meeting.
    16    3. The commission may form such advisory committees as it deems neces-
    17  sary, convenient, or desirable to advise and assist  in  performing  the
    18  duties conferred by this article.
    19    §  1014.  Staff;  cooperation and assistance.   1. The division of the
    20  budget shall provide staff assistance to  the  commission.    Additional
    21  assistance  as  needed  shall  be provided by the staffs of the assembly
    22  ways and means committee and the senate finance committee. All agencies,
    23  authorities, and institutions of the state shall cooperate  and  provide
    24  such assistance to the commission as the commission may request.
    25    2.  The  chairman,  in  consultation  with the commission, may hire or
    26  appoint an executive director for the commission if deemed necessary.
    27    § 4. This act shall take effect immediately.
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