Assembly Bill A5315

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

                                  5315

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 15, 2011
                               ___________

Introduced by M. of A. MOLINARO, McKEVITT, OAKS, CALHOUN, KOLB, BARCLAY,
  TOBACCO,  HAWLEY,  McDONOUGH,  P. LOPEZ,  MALLIOTAKIS,  McLAUGHLIN  --
  Multi-Sponsored by -- M. of  A.    CASTELLI,  CONTE,  CORWIN,  CROUCH,
  DUPREY,  FINCH, GIGLIO, GOODELL, JORDAN, KATZ, KELLNER, RAIA, SAYWARD,
  SPANO, TEDISCO -- read once and referred to the Committee on Ways  and
  Means

AN  ACT  to establish a private sector commission on cost control in New
  York state government; and providing for the repeal of such provisions
  upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Establishment. (a) There is hereby established the private
sector commission on cost control in  New  York  state  government.  The
commission  shall  be composed of ten members to be appointed from among
citizens in private life as follows:  two  shall  be  appointed  by  the
governor;  two shall be appointed by the state comptroller; two shall be
appointed by the temporary president of the senate and one by the minor-
ity leader of the senate; two shall be appointed by the speaker  of  the
assembly  and  one by the minority leader of the assembly.  Appointments
to the commission shall be made within ninety  days  of  the  date  upon
which this act shall have become a law.
  (b)  The  chairperson  of  the  commission  shall be designated by the
governor and such designation shall require the advice  and  consent  of
the senate.
  S  2.  Functions of the commission. (a) The commission shall conduct a
private sector survey on cost control in New York state  government  and
shall  advise  the governor, the state comptroller, the temporary presi-
dent of the senate and the speaker  of  the  assembly  with  respect  to
improving management and reducing costs.
  (b) The commission shall conduct in depth reviews of the operations of
every  state agency, public authority, public benefit corporation, state

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08269-01-1
              

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commission or board, college or university of which a  majority  of  the
members of the governing board or body are (i) appointed by the governor
or  by  another  state  officer, (ii) designated as members by virtue of
their state office,  or (iii) appointed or designated by any combination
of the foregoing.
  S  3.  The  commission shall provide, as they are approved by at least
six of the ten members of  the  commission,  single-agency  reports  and
government-wide  reports,  which  shall  include  a list of findings and
recommendations, to the governor, the state comptroller,  the  temporary
president of the senate and the speaker of the assembly. The recommenda-
tions  shall  be listed in the following categories: (a) recommendations
which can be implemented without changes in statute or regulations;  (b)
recommendations which can only be implemented by changes in regulations;
and  (c)  recommendations  which  can  only be implemented by changes in
statute. Along with each recommendation, where practicable,  the  report
shall estimate the savings that could result from its implementation.
  S  4.  By  March 1, 2012, the commission shall issue a final report to
the governor, the state comptroller,  the  temporary  president  of  the
senate  and the speaker of the assembly summarizing the findings, recom-
mendations and estimated savings detailed in individual  reports  issued
pursuant to section three of this act.
  S  5. By December 31, 2012, the state comptroller shall issue a report
to the governor, the temporary president of the senate and  the  speaker
of  the  assembly  detailing his or her views on the methodology used to
make estimates of savings in the commission's reports and, where practi-
cable, his or her own estimates of the savings that  would  result  from
implementation  of the commission's recommendations. In this report, the
state comptroller shall not include his or her views on the advisability
of any of the recommendations of the commission.
  S 6. In issuing reports under this act the commission  shall  consider
providing  recommendations in the following areas: (a) opportunities for
increased efficiency and reduced costs in the state government that  can
be  realized by executive action or legislation; (b) areas where manage-
rial accountability can be enhanced and administrative  control  can  be
improved;  (c)  opportunities  for managerial improvements over both the
short and long term; (d) specific  areas  where  further  study  can  be
justified  by  potential  savings;  (e) information and data relating to
governmental expenditures, indebtedness, and personal management.
  S 7. Administration. (a) The heads of state agencies, public  authori-
ties, public benefit corporations, state commissions or boards, colleges
or  universities  that  are subject to section two of this act shall, to
the extent permitted by law, provide the commission and its staff  units
such  information,  including  that relating to the structure, organiza-
tion, personnel and operations of such entities, as may be required  for
carrying out the purposes of this act.
  (b)  Members of the commission and staff units of the commission shall
serve without compensation.
  (c) The division of the budget and the department of audit and control
shall provide, upon the request of at least six members of  the  commis-
sion,  overall  administrative staff support to the commission and guide
the day-to-day operations of the commission. The division of the  budget
and the department of audit and control may be utilized upon the request
of at least six members of the commission, to provide such staff support
as is necessary to accomplish review of individual agencies.

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  (d)  The  commission  is  to  be  funded, staffed and equipped, to the
extent practicable and permitted by law, by the private  sector  without
cost to the state.
  S  8. This act shall take effect immediately and shall expire December
31, 2012 when upon such date the provisions of this act shall be  deemed
repealed.