Bill Text: NY A03301 | 2021-2022 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A03301 Detail]
Download: New_York-2021-A03301-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3301 2021-2022 Regular Sessions IN ASSEMBLY January 22, 2021 ___________ Introduced by M. of A. EPSTEIN -- read once and referred to the Commit- tee on Governmental Operations 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 22 for New York to adopt. The commission is structured to elicit input from EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02027-01-1A. 3301 2 1 both houses of the legislature, the governor, executive agencies, and 2 the public. Additionally, it is expected that the commission will 3 consult with performance-management and/or performance-budgeting 4 experts, other state governments, and/or academic research on perfor- 5 mance-management and performance-budgeting. The intent of the legisla- 6 ture in creating this commission is to have legislation ready for 7 passage in 2021 that implements a performance-management and perfor- 8 mance-budgeting system starting with the 2023-2024 budget. 9 § 3. The executive law is amended by adding a new article 49-C to read 10 as follows: 11 ARTICLE 49-C 12 EMPIRE STATE PERFORMANCE COMMISSION 13 Section 996. Empire state performance commission; purpose. 14 996-a. Membership; terms; chairman and vice chairman. 15 996-b. Duties of the commission. 16 996-c. Deliberations of the commission; advisory committees. 17 996-d. Staff; cooperation and assistance. 18 § 996. Empire state performance commission; purpose. The empire state 19 performance commission is established as a blue ribbon commission in the 20 executive department. The purpose of the commission is to design and 21 advise the governor and the legislature on the implementation of a 22 performance-management and performance-budgeting system. When used in 23 this article, the term "performance-management" means a management 24 system consisting of strategic planning, strategic performance and 25 productivity measurement, program evaluation, and performance budgeting, 26 and the term "performance-budgeting" means a systemic incorporation of 27 planning, strategic performance and productivity measurement, and 28 program evaluation information into the budgetary process. 29 § 996-a. Membership; terms; chairman and vice chairman. 1. The commis- 30 sion shall be composed of fifteen members that include six legislative 31 members and nine non-legislative members as follows: 32 (a) the governor; 33 (b) the comptroller; 34 (c) the speaker of the assembly; 35 (d) the minority leader of the assembly; 36 (e) the chairman of the assembly ways and means committee; 37 (f) the temporary president of the senate; 38 (g) the minority leader of the senate; 39 (h) the chairman of the senate finance committee; 40 (i) one non-legislative citizen member appointed by the speaker of the 41 assembly; 42 (j) one non-legislative citizen member appointed by the temporary 43 president of the senate; 44 (k) the director of the division of the budget; 45 (l) two executive department heads appointed by the governor; and 46 (m) two non-legislative citizen members appointed by the governor. 47 2. The legislative leaders shall submit their appointments to the 48 governor, and the governor shall make his or her appointments, no later 49 than thirty days after the effective date of this article. If any such 50 appointment is not made by such date, the appointing officer may make 51 the appointment after that date, but the vacant appointment shall not 52 count for calculation of a quorum until it is filled. The governor and 53 the comptroller shall serve on the commission coincident with their 54 terms of office. Legislative members, the director of the division of 55 the budget, and the two executive department heads appointed by the 56 governor shall serve on the commission coincident with their holdingA. 3301 3 1 their respective positions. In the event that a legislative member 2 holds more than one of the positions listed in subdivision one of this 3 section, such legislative member shall designate another legislative 4 member or members, as applicable, to serve as the representative for the 5 other position or positions. Non-legislative citizen members shall be 6 appointed for a term ending one year subsequent to the effective date of 7 this article, or June first, two thousand twenty-two, whichever is 8 later. Vacancies shall be filled in the same manner as the original 9 appointments. The governor shall serve as the chairman of the commis- 10 sion. The commission shall elect a vice chairman from its membership. 11 3. The members of the commission shall receive no compensation for 12 their services as members, but shall be allowed their actual and neces- 13 sary expenses incurred in the performance of their duties. Members of 14 the commission shall be considered public officers for purposes of 15 section seventeen of the public officers law. 16 § 996-b. Duties of the commission. The commission shall have the 17 following duties: 18 1. Design a performance-management and performance-budgeting system 19 for the state which may include, but is not limited to, the following: 20 (a) strategic planning; 21 (b) performance measurement; 22 (c) program evaluation; 23 (d) uniform standards for measuring, compiling, and reporting perform- 24 ance information; 25 (e) a website or other appropriate means for disseminating information 26 about the performance-management and performance-budgeting system to the 27 public; and 28 (f) a continuing oversight and advisory role for the commission. 29 2. Establish a timetable for phasing in and establishing a perfor- 30 mance-management and performance-budgeting system. 31 3. Provide advice on the implementation of the performance-management 32 and performance-budgeting system across state government. 33 4. Recommend a systematic process for the periodic evaluation of the 34 performance-management and performance-budgeting system which provides 35 for enhanced opportunities for public participation and input. 36 5. Solicit public input on appropriate aspects of performance-manage- 37 ment and performance-budgeting as determined by the commission. 38 6. On or before March first, two thousand twenty-two, the commission 39 shall recommend to the governor and the legislature legislation imple- 40 menting a performance-management and performance-budgeting system for 41 the state starting with fiscal year two thousand twenty--three two thou- 42 sand twenty-four. At the same time, the commission shall submit to the 43 governor and the legislature a summary report of the activity and find- 44 ings of the commission. The commission shall dissolve at the expiration 45 of one year subsequent to the effective date of this article, or June 46 first, two thousand twenty-two, whichever is later. 47 § 996-c. Deliberations of the commission; advisory committees. 1. The 48 commission shall meet at least four times. The meetings of the commis- 49 sion shall be held at the call of the chairman or whenever five or more 50 members so request. A majority of members of the commission shall 51 constitute a quorum. Approval of any matter shall require the affirma- 52 tive vote of a majority of the members voting thereon. Members may 53 designate and authorize another person to act for him or her by proxy. 54 Proxies shall be revocable at the pleasure of the member executing it. 55 2. The deliberations, meetings and other proceedings of the commission 56 and any committee thereof shall be governed by article seven of theA. 3301 4 1 public officers law. Any one or more members may participate in a meet- 2 ing by means of a conference telephone, conference video or similar 3 communications equipment allowing all persons participating in the meet- 4 ing to hear each other at the same time. Participation by such means 5 shall constitute presence in person at a meeting. At any meetings of the 6 commission conducted by means of a conference telephone, conference 7 video or similar communications equipment, other than executive 8 sessions, the public shall be given an opportunity to listen. If a meet- 9 ing other than an executive session is to be conducted by means of a 10 conference telephone, conference video or similar communications equip- 11 ment, the public notice for the meeting shall inform the public that 12 such equipment will be used, and identify the means by which the public 13 may listen to such meeting. 14 3. The commission may form such advisory committees as it deems neces- 15 sary, convenient, or desirable to advise and assist in performing the 16 duties conferred by this article. 17 § 996-d. Staff; cooperation and assistance. 1. The division of the 18 budget shall provide staff assistance to the commission. Additional 19 assistance as needed shall be provided by the staffs of the assembly 20 ways and means committee and the senate finance committee. All agencies, 21 authorities, and institutions of the state shall cooperate and provide 22 such assistance to the commission as the commission may request. 23 2. The chairman, in consultation with the commission, may hire or 24 appoint an executive director for the commission if deemed necessary. 25 § 4. This act shall take effect immediately.
