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.
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.
