S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7259

                            I N  S E N A T E

                             March 26, 2010
                               ___________

Introduced  by  Sen. KRUEGER -- 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:

  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
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

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

                                                           LBD16628-01-0

S. 7259                             2

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  2011  that  implements a performance-management and perfor-
mance-budgeting system starting with the 2012-2013 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
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

S. 7259                             3

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 ELEVEN, 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 ELEVEN, THE COMMISSION SHALL
RECOMMEND TO THE GOVERNOR AND THE LEGISLATURE LEGISLATION IMPLEMENTING A
PERFORMANCE-MANAGEMENT  AND  PERFORMANCE-BUDGETING  SYSTEM FOR THE STATE
STARTING WITH FISCAL YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN. AT
THE SAME TIME, THE COMMISSION SHALL  SUBMIT  TO  THE  GOVERNOR  AND  THE
LEGISLATURE A SUMMARY REPORT OF THE ACTIVITY AND FINDINGS OF THE COMMIS-
SION. THE COMMISSION SHALL DISSOLVE AT THE EXPIRATION OF ONE YEAR SUBSE-
QUENT TO THE EFFECTIVE DATE OF THIS ARTICLE, OR JUNE FIRST, TWO THOUSAND
ELEVEN, 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-
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-

S. 7259                             4

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.