9-4-5608 - Evaluation of compliance Report. - Tennessee Statutes

9-4-5608. Evaluation of compliance Report.

(a)  Beginning in fiscal year 2005-2006, for agencies included in performance-based budgeting, the commissioner of finance and administration shall at least annually, and more frequently if necessary, evaluate each state agency's compliance with its strategic plan and performance-based measures and shall report to the governor and the senate and house finance, ways and means committees concerning each agency's compliance with its strategic plan and performance-based measures. Such reports shall include comments from the state agency. Such reports shall be timely furnished, and updated if necessary, for use by the senate and house finance, ways and means committees in consideration of the general appropriations act.

(b)  The commissioner of finance and administration's report as to each state agency's compliance may contain recommendations to the governor and the senate and house finance, ways and means committees concerning the following nonexhaustive performance measure incentives or disincentives for potential inclusion in the appropriations bill:

     (1)  Incentives may include, but are not limited to:

          (A)  Additional flexibility in budget management;

          (B)  Additional flexibility in salary rate and position management, notwithstanding the provisions of title 8, chapter 23, or any other law to the contrary;

          (C)  Retention of up to fifty percent (50%) of unexpended and unencumbered balances of appropriations, excluding special categories and grants in aid, that may be used for non-recurring purposes including, but not limited to, lump-sum bonuses, employee training, or productivity enhancements, including technology and other improvements; and

          (D)  Additional funds to be used for, but not limited to, lump-sum bonuses, employee training, or productivity enhancements, including technology and other improvements.

     (2)  Disincentives may include, but are not limited to:

          (A)  Mandatory quarterly reports to the governor on the agency's progress in meeting performance standards;

          (B)  Mandatory quarterly appearances before the governor to report on the agency's progress in meeting performance standards;

          (C)  Elimination or restructuring of the program, which may include, but not be limited to, transfer of the program or outsourcing all or a portion of the program;

          (D)  Reduction of total positions for a program;

          (E)  Restriction on or reduction of the appropriation for the program; and

          (F)  Reduction of managerial salaries, notwithstanding the requirements of title 8, chapter 23, or any other law to the contrary.

[Acts 2002, ch. 875, § 1.]