senate Bill S1476A
(D, WF) 28th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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.
TITLE OF BILL: An act to amend the executive law, in relation to estab-
lishing the empire state performance commission in the executive depart-
ment for the purpose of designing and advising the governor and the
legislature on the implementation of a performance-management and
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 co:mission is to have
Legislation ready for passage in 2014 that implements a performance
management and performance-budgeting system starting with the 2015-2016
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 Now Tots 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 assem-
bly, 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 exec-
utive agency heads, and two non-legislative citizens appointed by the
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 timeta-
ble for implementing the system, providing advice to the legislature and
governor on implementing the system, making recommendations on the peri-
odic evaluation of the system, soliciting public input on the system,
and producing legislation that would implement the system by March 1,
The newly created section 1013 of the Executive Law sets out the proce-
dure 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.
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' effec-
tiveness. 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-man-
agement 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
resigning 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.
PRIOR LEGISLATIVE HISTORY:
This act shall take effect immediately.
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