senate Bill S413A

Establishes the empire state performance commission for the purpose of designing and advising the governor and the legislature on the implementation of a performance

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO FINANCE
  • 18 / Mar / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 02 / May / 2011
    • 1ST REPORT CAL.407
  • 03 / May / 2011
    • 2ND REPORT CAL.
  • 04 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 23 / Dec / 2011
    • AMEND AND RECOMMIT TO RULES
  • 23 / Dec / 2011
    • PRINT NUMBER 413A
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 21 / Feb / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

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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Bill Details

See Assembly Version of this Bill:
A9571
Versions:
S413
S413A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add Art 51 §§1010 - 1014, Exec L
Versions Introduced in 2009-2010 Legislative Cycle:
S7259, S7259

Sponsor Memo

BILL NUMBER:S413A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
Creates the Empire State Performance Commission, a 15-member executive
level commission consisting of the governor, certain agency heads,
certain legislators, and appointed citizens. The commission is
charged with designing a performance-budgeting and
performance-management scheme for New York State, producing
legislation implementing the scheme, and advising the executive and
legislative branches on its implementation.

The intent of the legislature in creating this commission is to have
legislation ready for passage in 2011 that implements a performance
management and performance-budgeting system starting with the
2012-2013 budget.

SUMMARY OF SPECIFIC PROVISIONS:
This bill adds a new article 51 to the Executive Law, creating the
Empire State Performance Commission.

The newly created section 1010 of the Executive Law establishes the
purpose of the commission, which is to design a performance-budgeting
and performance-management system for New York State, and to advise
the legislature and governor on the implementation of the designed
system.

The newly created section 1011 of the Executive Law establishes the
membership of the commission. The 15-member commission is chaired by
the governor, and also contains the comptroller, the speaker of the
assembly, the minority leader of the assembly, the chairman of the
assembly ways and means committee, the president pro tempore of the
senate, the minority leader of the senate, the chairman of the senate
finance committee, one non-legislative citizen appointed by the
speaker of the assembly, one non-legislative citizen appointed by the
president pro tempore of the senate, the director of the division of
budget, two executive agency heads, and two non-legislative citizens
appointed by the governor.

The newly created section 1012 of the Executive Law lays out the
duties of the commission, which include designing a
performance-budgeting and
performance-management system for New York State, establishing a
timetable for implementing the system, providing advice to the
legislature and governor on implementing the system, making
recommendations on the periodic evaluation of the system, soliciting
public input on the system, and producing legislation that would
implement the system by March 1, 2011.


The newly created section 1013 of the Executive Law sets out the
procedure of the commission's deliberations.

The newly created section 1014 of the Executive Law authorizes the
commission to hire an executive director and directs the division of
budget to provide staff assistance to the commission as necessary.

JUSTIFICATION:
New York's lack of a comprehensive performance-budgeting scheme for
state funded programs often leads to irregular appropriation
practices and rigid across-the-board cuts, without regard to the
programs' effectiveness. A performance-management and
performance-budgeting system that ties program funding to the results
the programs achieve would provide lawmakers with more flexibility in
making budget decisions and provide the public with a means by which
they can evaluate how their tax dollars are being spent.

Implementing and maintaining a comprehensive system of
performance-management and performance-budgeting is a complicated
process that will require cooperation between the legislative and
executive branches in order to be successful. Unilaterally imposing
performance-management and performance budgeting requirements on
executive agencies would likely be unproductive and ineffective.
Reforming the state budget process requires careful deliberation that
includes feedback from the various stakeholders in the process,
including the public.

This bill creates a blue ribbon commission that will be charged with
designing a performance-management and performance-budgeting model
for New York to adopt. The commission is structured to elicit input
from both houses of the legislature, the governor, executive
agencies, and the public. Additionally, it is expected that the
commission will consult with performance-management and/or
performance-budgeting experts, other state governments, and/or
academic research on performance-management and performance-budgeting.

PRIOR LEGISLATIVE HISTORY:
2010: S.7259

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "empire state performance commission act".
  S  2.  Legislative  intent. New York's lack of a comprehensive perfor-
mance-budgeting scheme for state-funded programs often leads  to  irreg-
ular  appropriation  practices  and rigid across-the-board cuts, without
regard to the  programs'  effectiveness.  A  performance-management  and
performance-budgeting  system  that  ties program funding to the results
the programs achieve would provide lawmakers with  more  flexibility  in
making  budget  decisions  and  provide the public with a means by which
they can evaluate how their tax dollars are being spent.
  The legislature recognizes that implementing and maintaining a compre-
hensive system of performance-management and performance-budgeting is  a
complicated  process  that will require cooperation between the legisla-
tive and executive branches in  order  to  be  successful.  Unilaterally
imposing  performance-management  and performance-budgeting requirements
on executive agencies would  likely  be  unproductive  and  ineffective.
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

includes feedback from the various stakeholders in the process,  includ-
ing the public.
  This legislation creates a blue ribbon commission that will be charged
with  designing a performance-management and performance-budgeting model
for New York to adopt. The commission is structured to elicit input from
both houses of the legislature, the governor,  executive  agencies,  and
the  public.  Additionally,  it  is  expected  that  the commission will
consult   with   performance-management   and/or   performance-budgeting
experts,  other  state  governments, and/or academic research on perfor-
mance-management and performance-budgeting. The intent of  the  legisla-
ture  in  creating  this  commission  is  to  have legislation ready for
passage in 2013 that implements  a  performance-management  and  perfor-
mance-budgeting system starting with the 2014-2015 budget.
  S  3.  The executive law is amended by adding a new article 51 to read
as follows:
                               ARTICLE 51
                   EMPIRE STATE PERFORMANCE COMMISSION
SECTION 1010. EMPIRE STATE PERFORMANCE COMMISSION; PURPOSE.
        1011. MEMBERSHIP; TERMS; CHAIRMAN AND VICE CHAIRMAN.
        1012. DUTIES OF THE COMMISSION.
        1013. DELIBERATIONS OF THE COMMISSION; ADVISORY COMMITTEES.
        1014. STAFF; COOPERATION AND ASSISTANCE.
  S 1010. EMPIRE STATE PERFORMANCE COMMISSION; PURPOSE. THE EMPIRE STATE
PERFORMANCE COMMISSION (THE COMMISSION) IS ESTABLISHED AS A BLUE  RIBBON
COMMISSION IN THE EXECUTIVE DEPARTMENT. THE PURPOSE OF THE COMMISSION IS
TO DESIGN AND ADVISE THE GOVERNOR AND THE LEGISLATURE ON THE IMPLEMENTA-
TION  OF A PERFORMANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM. WHEN
USED IN THIS ARTICLE, THE TERM "PERFORMANCE-MANAGEMENT" MEANS A  MANAGE-
MENT  SYSTEM CONSISTING OF STRATEGIC PLANNING, STRATEGIC PERFORMANCE AND
PRODUCTIVITY MEASUREMENT, PROGRAM EVALUATION, AND PERFORMANCE BUDGETING,
AND THE TERM "PERFORMANCE-BUDGETING" MEANS A SYSTEMIC  INCORPORATION  OF
PLANNING,   STRATEGIC  PERFORMANCE  AND  PRODUCTIVITY  MEASUREMENT,  AND
PROGRAM EVALUATION INFORMATION INTO THE BUDGETARY PROCESS.
  S 1011. MEMBERSHIP; TERMS; CHAIRMAN AND VICE CHAIRMAN. 1. THE  COMMIS-
SION  SHALL  BE COMPOSED OF FIFTEEN MEMBERS THAT INCLUDE SIX LEGISLATIVE
MEMBERS AND NINE NON-LEGISLATIVE MEMBERS AS FOLLOWS:
  (A) THE GOVERNOR;
  (B) THE COMPTROLLER;
  (C) THE SPEAKER OF THE ASSEMBLY;
  (D) THE MINORITY LEADER OF THE ASSEMBLY;
  (E) THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE;
  (F) THE TEMPORARY PRESIDENT OF THE SENATE;
  (G) THE MINORITY LEADER OF THE SENATE;
  (H) THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE;
  (I) ONE NON-LEGISLATIVE CITIZEN MEMBER APPOINTED BY THE SPEAKER OF THE
ASSEMBLY;
  (J) ONE NON-LEGISLATIVE CITIZEN  MEMBER  APPOINTED  BY  THE  TEMPORARY
PRESIDENT OF THE SENATE;
  (K) THE DIRECTOR OF THE DIVISION OF THE BUDGET;
  (L) TWO EXECUTIVE DEPARTMENT HEADS APPOINTED BY THE GOVERNOR; AND
  (M) TWO NON-LEGISLATIVE CITIZEN MEMBERS APPOINTED BY THE GOVERNOR.
  2.  THE  LEGISLATIVE  LEADERS  SHALL  SUBMIT THEIR APPOINTMENTS TO THE
GOVERNOR, AND THE GOVERNOR SHALL MAKE HIS OR HER APPOINTMENTS, NO  LATER
THAN  THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE.  IF ANY SUCH
APPOINTMENT IS NOT MADE BY SUCH DATE, THE APPOINTING  OFFICER  MAY  MAKE
THE  APPOINTMENT  AFTER  THAT DATE, BUT THE VACANT APPOINTMENT SHALL NOT

S. 413--A                           3

COUNT FOR CALCULATION OF A QUORUM UNTIL IT IS FILLED. THE  GOVERNOR  AND
THE  COMPTROLLER  SHALL  SERVE  ON  THE COMMISSION COINCIDENT WITH THEIR
TERMS OF OFFICE. LEGISLATIVE MEMBERS, THE DIRECTOR OF  THE  DIVISION  OF
THE  BUDGET,  AND  THE  TWO  EXECUTIVE DEPARTMENT HEADS APPOINTED BY THE
GOVERNOR SHALL SERVE ON THE COMMISSION  COINCIDENT  WITH  THEIR  HOLDING
THEIR  RESPECTIVE  POSITIONS.    IN  THE EVENT THAT A LEGISLATIVE MEMBER
HOLDS MORE THAN ONE OF THE POSITIONS LISTED IN SUBDIVISION ONE  OF  THIS
SECTION,  SUCH  LEGISLATIVE  MEMBER  SHALL DESIGNATE ANOTHER LEGISLATIVE
MEMBER OR MEMBERS, AS APPLICABLE, TO SERVE AS THE REPRESENTATIVE FOR THE
OTHER POSITION OR POSITIONS. NON-LEGISLATIVE CITIZEN  MEMBERS  SHALL  BE
APPOINTED FOR A TERM ENDING ONE YEAR SUBSEQUENT TO THE EFFECTIVE DATE OF
THIS  ARTICLE, OR JUNE FIRST, TWO THOUSAND THIRTEEN, WHICHEVER IS LATER.
VACANCIES SHALL BE FILLED IN THE SAME MANNER AS  THE  ORIGINAL  APPOINT-
MENTS.  THE  GOVERNOR SHALL SERVE AS THE CHAIRMAN OF THE COMMISSION. THE
COMMISSION SHALL ELECT A VICE CHAIRMAN FROM ITS MEMBERSHIP.
  3. THE MEMBERS OF THE COMMISSION SHALL  RECEIVE  NO  COMPENSATION  FOR
THEIR  SERVICES AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR  DUTIES.  MEMBERS  OF
THE  COMMISSION  SHALL  BE  CONSIDERED  PUBLIC  OFFICERS FOR PURPOSES OF
SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
  S 1012. DUTIES OF  THE  COMMISSION.  THE  COMMISSION  SHALL  HAVE  THE
FOLLOWING DUTIES:
  1.  DESIGN  A  PERFORMANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM
FOR THE STATE WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING:
  (A) STRATEGIC PLANNING;
  (B) PERFORMANCE MEASUREMENT;
  (C) PROGRAM EVALUATION;
  (D) UNIFORM STANDARDS FOR MEASURING, COMPILING, AND REPORTING PERFORM-
ANCE INFORMATION;
  (E) A WEBSITE OR OTHER APPROPRIATE MEANS FOR DISSEMINATING INFORMATION
ABOUT THE PERFORMANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM TO THE
PUBLIC; AND
  (F) A CONTINUING OVERSIGHT AND ADVISORY ROLE FOR THE COMMISSION.
  2. ESTABLISH A TIMETABLE FOR PHASING IN  AND  ESTABLISHING  A  PERFOR-
MANCE-MANAGEMENT AND PERFORMANCE-BUDGETING SYSTEM.
  3.  PROVIDE ADVICE ON THE IMPLEMENTATION OF THE PERFORMANCE-MANAGEMENT
AND PERFORMANCE-BUDGETING SYSTEM ACROSS STATE GOVERNMENT.
  4. RECOMMEND A SYSTEMATIC PROCESS FOR THE PERIODIC EVALUATION  OF  THE
PERFORMANCE-MANAGEMENT  AND  PERFORMANCE-BUDGETING SYSTEM WHICH PROVIDES
FOR ENHANCED OPPORTUNITIES FOR PUBLIC PARTICIPATION AND INPUT.
  5. SOLICIT PUBLIC INPUT ON APPROPRIATE ASPECTS OF  PERFORMANCE-MANAGE-
MENT AND PERFORMANCE-BUDGETING AS DETERMINED BY THE COMMISSION.
  6.  ON  OR  BEFORE  MARCH FIRST, TWO THOUSAND THIRTEEN, THE COMMISSION
SHALL RECOMMEND TO THE GOVERNOR AND THE LEGISLATURE  LEGISLATION  IMPLE-
MENTING  A  PERFORMANCE-MANAGEMENT  AND PERFORMANCE-BUDGETING SYSTEM FOR
THE STATE STARTING WITH FISCAL YEAR TWO THOUSAND FOURTEEN--TWO  THOUSAND
FIFTEEN.  AT  THE SAME TIME, THE COMMISSION SHALL SUBMIT TO THE GOVERNOR
AND THE LEGISLATURE A SUMMARY REPORT OF THE ACTIVITY AND FINDINGS OF THE
COMMISSION. THE COMMISSION SHALL DISSOLVE AT THE EXPIRATION OF ONE  YEAR
SUBSEQUENT  TO  THE  EFFECTIVE  DATE OF THIS ARTICLE, OR JUNE FIRST, TWO
THOUSAND THIRTEEN, WHICHEVER IS LATER.
  S 1013. DELIBERATIONS OF THE COMMISSION; ADVISORY COMMITTEES.  1.  THE
COMMISSION  SHALL  MEET AT LEAST FOUR TIMES. THE MEETINGS OF THE COMMIS-
SION SHALL BE HELD AT THE CALL OF THE CHAIRMAN OR WHENEVER FIVE OR  MORE
MEMBERS  SO  REQUEST.  A  MAJORITY  OF  MEMBERS  OF THE COMMISSION SHALL
CONSTITUTE A QUORUM. APPROVAL OF ANY MATTER SHALL REQUIRE  THE  AFFIRMA-

S. 413--A                           4

TIVE  VOTE  OF  A  MAJORITY  OF  THE MEMBERS VOTING THEREON. MEMBERS MAY
DESIGNATE AND AUTHORIZE ANOTHER PERSON TO ACT FOR HIM OR HER  BY  PROXY.
PROXIES SHALL BE REVOCABLE AT THE PLEASURE OF THE MEMBER EXECUTING IT.
  2. THE DELIBERATIONS, MEETINGS AND OTHER PROCEEDINGS OF THE COMMISSION
AND  ANY  COMMITTEE  THEREOF  SHALL  BE GOVERNED BY ARTICLE SEVEN OF THE
PUBLIC OFFICERS LAW. ANY ONE OR MORE MEMBERS MAY PARTICIPATE IN A  MEET-
ING  BY  MEANS  OF  A  CONFERENCE TELEPHONE, CONFERENCE VIDEO OR SIMILAR
COMMUNICATIONS EQUIPMENT ALLOWING ALL PERSONS PARTICIPATING IN THE MEET-
ING TO HEAR EACH OTHER AT THE SAME TIME.   PARTICIPATION BY  SUCH  MEANS
SHALL CONSTITUTE PRESENCE IN PERSON AT A MEETING. AT ANY MEETINGS OF THE
COMMISSION  CONDUCTED  BY  MEANS  OF  A CONFERENCE TELEPHONE, CONFERENCE
VIDEO  OR  SIMILAR  COMMUNICATIONS  EQUIPMENT,  OTHER   THAN   EXECUTIVE
SESSIONS, THE PUBLIC SHALL BE GIVEN AN OPPORTUNITY TO LISTEN. IF A MEET-
ING  OTHER  THAN  AN  EXECUTIVE SESSION IS TO BE CONDUCTED BY MEANS OF A
CONFERENCE TELEPHONE, CONFERENCE VIDEO OR SIMILAR COMMUNICATIONS  EQUIP-
MENT,  THE  PUBLIC  NOTICE  FOR THE MEETING SHALL INFORM THE PUBLIC THAT
SUCH EQUIPMENT WILL BE USED, AND IDENTIFY THE MEANS BY WHICH THE  PUBLIC
MAY LISTEN TO SUCH MEETING.
  3. THE COMMISSION MAY FORM SUCH ADVISORY COMMITTEES AS IT DEEMS NECES-
SARY,  CONVENIENT,  OR  DESIRABLE TO ADVISE AND ASSIST IN PERFORMING THE
DUTIES CONFERRED BY THIS ARTICLE.
  S 1014. STAFF; COOPERATION AND ASSISTANCE.   1. THE  DIVISION  OF  THE
BUDGET  SHALL  PROVIDE  STAFF  ASSISTANCE TO THE COMMISSION.  ADDITIONAL
ASSISTANCE AS NEEDED SHALL BE PROVIDED BY THE  STAFFS  OF  THE  ASSEMBLY
WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE. ALL AGENCIES,
AUTHORITIES,  AND  INSTITUTIONS OF THE STATE SHALL COOPERATE AND PROVIDE
SUCH ASSISTANCE TO THE COMMISSION AS THE COMMISSION MAY REQUEST.
  2. THE CHAIRMAN, IN CONSULTATION WITH  THE  COMMISSION,  MAY  HIRE  OR
APPOINT AN EXECUTIVE DIRECTOR FOR THE COMMISSION IF DEEMED NECESSARY.
  S 4. This act shall take effect immediately.

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