Merit Institute Merit

The New York Government Transparency & Performance Act (NY-GT&P)

New York state companion to GT&P. Uses Inspector-General independence and performance-standards classifications (no Schedule F analog). Strengthens the New York False Claims Act (N.Y. State Fin. Law Art. XIII) and extends FOIL.

THE NEW YORK GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (NY-GT&P)

Vehicle: State passage. New York State Legislature, regular session. Primary referral to Assembly / Senate Governmental Operations / Ways and Means / Finance.

SECTION 1. SHORT TITLE

This Act may be cited as the “New York Government Transparency & Performance Act (NY-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that the State Civil Service operates under N.Y. Const. Art. V and N.Y. Civ. Serv. Law; that the Freedom of Information Law (FOIL) operates under N.Y. Pub. Off. Law Art. 6; that the Division of the Budget operates under N.Y. State Fin. Law Art. IV; that the Legislative Budget Analyst provides fiscal analysis; and that New York enacted the New York False Claims Act under N.Y. State Fin. Law Art. XIII Sec. 187 et seq. This Act extends these frameworks, and in recognition of the constitutional merit framework does not adopt a federal Schedule F analog, instead strengthening Inspector General independence.

TITLE I — DEFINITIONS & COORDINATION WITH NEW YORK LAW

Sec. 101. Definitions

  1. (a) “DOB” means the Division of the Budget.
  2. (b) “Publicly visible outcome” means a metric published under Sec. 201.
  3. (c) “NY-FCA” means N.Y. State Fin. Law Art. XIII Sec. 187 et seq.

Sec. 102. Coordination with Existing New York Law

  1. (a) Consistent with:
  • N.Y. Const. Art. V; N.Y. Civ. Serv. Law (civil service).
  • N.Y. Pub. Off. Law Art. 6 (FOIL).
  • N.Y. State Fin. Law Art. IV (DOB).
  • N.Y. State Fin. Law Art. XIII (FCA).

TITLE II — OUTCOME-BASED BUDGETING

Sec. 201. Outcome Metrics for Covered Programs

  1. (a) Each covered program in the Executive Budget shall publish at least three outcome metrics.
  2. (b) DOB shall publish the New York Outcome Dashboard in machine-readable form.

Sec. 202. Fiscal-Note Outcome Integration

  1. (a) Legislative Budget Analyst fiscal notes shall identify outcome metrics from Sec. 201.

TITLE III — INSPECTOR GENERAL INDEPENDENCE (Schedule-F Substitute)

Sec. 301. Office-Level Inspector General Authorities

  1. (a) Agency commissioners shall designate an Office of Inspector General with independent hiring, subpoena, and reporting authority in each covered agency, building on the Executive Law Art. 4-A framework.
  2. (b) Nothing in this section modifies the State Civil Service merit protections under N.Y. Const. Art. V.
  3. (c) OIG shall publish an annual outcome audit for each covered program.

TITLE IV — NEW YORK FALSE CLAIMS ACT AMENDMENT

Sec. 401. Credentialing and Outcome-Data Fraud

  1. (a) N.Y. State Fin. Law Art. XIII is amended to clarify that a person presenting a materially false or fraudulent claim involving NYRMC, Federal FRAC, or NY-OBSA outcome data is liable to the State for a civil penalty and treble damages.

Sec. 402. Whistleblower Award

  1. (a) A whistleblower whose information leads to recovery shall receive between 15 and 30 percent of the State recovery under N.Y. State Fin. Law Sec. 190, as determined by the Attorney General.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect on the first day of the State fiscal year following enactment.


Canonical federal version: GT&P. Other New York bills: NY-ACSA, NY-MEWRA, NY-AI-Workforce.