Bill Text: NY A02301 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates the New York state independent budget office with a director to be appointed, upon recommendations of an independent budget advisory committee, by the speaker of the assembly and the temporary president of the senate; authorizes such office to provide objective, non-partisan and timely analyses of state revenue, expenditures and management practices to members of the legislature for any legislation with fiscal impact or at the request of a leader or a committee.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2011-05-11 - enacting clause stricken [A02301 Detail]
Download: New_York-2011-A02301-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2301 2011-2012 Regular Sessions I N A S S E M B L Y January 18, 2011 ___________ Introduced by M. of A. DESTITO, GALEF -- read once and referred to the Committee on Governmental Operations AN ACT to amend the legislative law, in relation to establishing the New York state independent budget office THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The legislative law is amended by adding a new article 4-B 2 to read as follows: 3 ARTICLE 4-B 4 NEW YORK STATE INDEPENDENT BUDGET OFFICE 5 SECTION 75. POWERS AND DUTIES OF THE NEW YORK STATE INDEPENDENT BUDGET 6 OFFICE. 7 76. DIRECTOR OF THE NEW YORK STATE INDEPENDENT BUDGET OFFICE. 8 S 75. POWERS AND DUTIES OF THE NEW YORK STATE INDEPENDENT BUDGET 9 OFFICE. THERE SHALL HEREBY BE ESTABLISHED A NEW YORK STATE INDEPENDENT 10 BUDGET OFFICE. 1. IT SHALL BE THE DUTY OF THE NEW YORK STATE INDEPEND- 11 ENT BUDGET OFFICE TO PROVIDE THE MEMBERS AND COMMITTEES OF THE LEGISLA- 12 TURE WITH INFORMATION WHICH WILL ASSIST SUCH OFFICIALS AND BODIES IN THE 13 DISCHARGE OF THEIR RESPONSIBILITIES WHICH ARE RELATED TO THE BUDGETARY 14 PROCESS INCLUDING: 15 (A) INFORMATION WITH RESPECT TO THE BUDGET, APPROPRIATIONS BILLS AND 16 PROPOSED LAWS WITH FISCAL IMPLICATIONS; 17 (B) INFORMATION WITH RESPECT TO ESTIMATED REVENUES AND RECEIPTS, AND 18 CHANGING REVENUE CONDITIONS; 19 (C) INFORMATION WITH RESPECT TO THE PERFORMANCE AND EFFECTIVENESS OF 20 STATE AGENCIES AND PROGRAMS; AND 21 (D) TO THE EXTENT PRACTICABLE, SUCH OTHER INFORMATION OR ANALYSES AS 22 MAY BE REQUESTED BY SUCH OFFICIALS AND BODIES, AND THE GENERAL PUBLIC. 23 REQUESTS MADE BY THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT 24 OF THE SENATE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06375-01-1 A. 2301 2 1 THE CHAIR OF THE SENATE FINANCE COMMITTEE REGARDING THE BUDGET, REVENUES 2 AND EXPENDITURES SHALL RECEIVE PRIORITY ATTENTION. 3 2. THE INDEPENDENT BUDGET OFFICE SHALL COMPLETE A FISCAL IMPACT 4 STATEMENT: (A) FOR ANY BILL BEING CONSIDERED ON AN ASSEMBLY WAYS AND 5 MEANS COMMITTEE AGENDA OR A SENATE FINANCE COMMITTEE AGENDA, TO THE 6 EXTENT POSSIBLE; (B) FOR ANY BILL AT THE REQUEST OF THE SPEAKER OR 7 MINORITY LEADER OF THE ASSEMBLY OR THE TEMPORARY PRESIDENT OR MINORITY 8 LEADER OF THE SENATE; AND (C) AT THE REQUEST OF A COMMITTEE CHAIR OR 9 RANKING MEMBER OF A COMMITTEE FOR ANY BILL REFERRED TO THEIR RESPECTIVE 10 COMMITTEE. FISCAL IMPACT STATEMENTS SHALL ESTIMATE THE IMPACT ON STATE 11 REVENUES OR EXPENDITURES. 12 3. THE INDEPENDENT BUDGET OFFICE SHALL SUBMIT AN ANALYSIS OF THE 13 EXECUTIVE BUDGET BY MARCH FIRST OF EACH YEAR TO THE MEMBERS OF THE 14 ASSEMBLY WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE, AND 15 MAKE COPIES OF SUCH ANALYSIS AVAILABLE TO ALL OTHER MEMBERS OF THE 16 LEGISLATURE AND ALL OTHER INDIVIDUALS, UPON REQUEST. 17 4. THE INDEPENDENT BUDGET OFFICE SHALL, TO THE EXTENT PRACTICABLE, 18 DEVELOP PROPOSALS FOR COST EFFECTIVE ALTERNATIVE APPROACHES TO MEET THE 19 PUBLIC RESPONSIBILITIES OF THE STATE. 20 5. THE INDEPENDENT BUDGET OFFICE SHALL PUBLISH A REPORT WITH RESPECT 21 TO THE EXPECTED LEVELS OF STATE REVENUES BY THE FIRST DAY OF JANUARY, 22 THE FIRST DAY OF APRIL, THE FIRST DAY OF JULY AND THE FIRST DAY OF OCTO- 23 BER OF EACH YEAR. 24 6. THE INDEPENDENT BUDGET OFFICE SHALL PUBLISH BY DECEMBER THIRTY- 25 FIRST OF EACH YEAR A REPORT ANALYZING THE FISCAL OUTLOOK OF THE STATE 26 FOR THE NEXT FIVE YEARS. 27 7. THE INDEPENDENT BUDGET OFFICE SHALL, FROM TIME TO TIME, PUBLISH 28 SUCH REPORTS AS MAY BE APPROPRIATE TO ENHANCE THE OFFICIAL AND PUBLIC 29 UNDERSTANDING OF THE BUDGETARY PROCESS AND OF THE BUDGET DOCUMENTS. SUCH 30 OFFICE SHALL, FROM TIME TO TIME, PUBLISH SUCH REPORTS AS MAY BE NECES- 31 SARY OR APPROPRIATE TO PROVIDE SUCH INFORMATION, DATA AND ANALYSIS AS 32 WILL ENHANCE OFFICIAL AND PUBLIC UNDERSTANDING OF MATTERS RELATING TO 33 STATE REVENUES, EXPENDITURES, MANAGEMENT PRACTICES AND RELATED MATTERS. 34 8. THE INDEPENDENT BUDGET OFFICE MAY PROCURE UP-TO-DATE COMPUTER 35 EQUIPMENT, OBTAIN THE SERVICES OF EXPERTS AND CONSULTANTS IN COMPUTER 36 TECHNOLOGY, AND DEVELOP TECHNIQUES FOR THE EVALUATION OF REVENUE PROJEC- 37 TIONS AND BUDGETARY REQUIREMENTS. 38 9. ALL INFORMATION, DATA, ESTIMATES AND STATISTICS, AND ALL STUDIES 39 AND REPORTS PREPARED BY THE INDEPENDENT BUDGET OFFICE SHALL BE MADE 40 AVAILABLE TO THE PUBLIC AND SHALL ALSO BE MADE AVAILABLE BY ELECTRONIC 41 MEANS OVER THE INTERNET. 42 S 76. DIRECTOR OF THE NEW YORK STATE INDEPENDENT BUDGET OFFICE. 1. 43 THE NEW YORK STATE INDEPENDENT BUDGET OFFICE SHALL BE HEADED BY A DIREC- 44 TOR WHO SHALL BE APPOINTED, UPON THE RECOMMENDATIONS OF AN INDEPENDENT 45 BUDGET OFFICE ADVISORY COMMITTEE, BY THE SPEAKER OF THE ASSEMBLY AND THE 46 TEMPORARY PRESIDENT OF THE SENATE. THE RECOMMENDATIONS FOR THE INITIAL 47 APPOINTMENT OF SUCH DIRECTOR SHALL BE MADE NO LATER THAN JANUARY 48 FIFTEENTH, TWO THOUSAND TWELVE TO THE SPECIAL COMMITTEE. SUBSEQUENT 49 RECOMMENDATIONS SHALL BE MADE BETWEEN JANUARY SECOND AND JANUARY 50 FIFTEENTH EVERY SIXTH YEAR THEREAFTER. THE SPECIAL COMMITTEE SHALL 51 APPOINT THE INITIAL DIRECTOR NO LATER THAN FEBRUARY FIFTEENTH, TWO THOU- 52 SAND NINE AND SUCH INITIAL DIRECTOR SHALL TAKE OFFICE BEGINNING APRIL 53 FIRST, TWO THOUSAND NINE. SUBSEQUENT APPOINTMENTS SHALL BE MADE NO LATER 54 THAN FEBRUARY FIFTEENTH EVERY SIXTH YEAR THEREAFTER. 55 2. (A) THERE SHALL BE AN INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE 56 CONSISTING OF: (I) THE CHAIR AND RANKING MEMBER OF THE ASSEMBLY WAYS AND A. 2301 3 1 MEANS COMMITTEE AND THE CHAIR AND RANKING MEMBER OF THE SENATE FINANCE 2 COMMITTEE OR THEIR DESIGNEES; (II) THREE MEMBERS APPOINTED BY THE SPEAK- 3 ER OF THE ASSEMBLY; (III) THREE MEMBERS APPOINTED BY THE TEMPORARY PRES- 4 IDENT OF THE SENATE; AND (IV) TWO MEMBERS, ONE EACH APPOINTED BY THE 5 MINORITY LEADER IN EACH HOUSE OF THE LEGISLATURE. THE MEMBERS OF THE 6 ADVISORY COMMITTEE SHALL SERVE FOR SIX YEAR TERMS, PROVIDED, HOWEVER 7 THAT OF THE MEMBERS FIRST APPOINTED, THREE SHALL SERVE FOR TERMS EXPIR- 8 ING ON MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN; THREE SHALL SERVE FOR 9 TERMS EXPIRING ON MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN; AND THREE 10 SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST, TWO THOUSAND NINE- 11 TEEN. THE MEMBERS SHALL ALL BE INDIVIDUALS WITH EXTENSIVE EXPERIENCE AND 12 KNOWLEDGE IN THE FIELDS OF FINANCE, ECONOMICS, ACCOUNTING, PUBLIC ADMIN- 13 ISTRATION AND PUBLIC POLICY ANALYSIS INCLUDING AT LEAST ONE NATIONALLY 14 RECOGNIZED EXPERT IN THE FIELDS OF BUDGET THEORY AND THE BUDGET PROCESS; 15 ONE DEAN OR DIRECTOR OR FORMER DEAN OR DIRECTOR OF A GRADUATE SCHOOL OF 16 BUSINESS ADMINISTRATION, PUBLIC AFFAIRS OR PUBLIC ADMINISTRATION LOCATED 17 IN NEW YORK STATE; ONE OFFICER OR FORMER OFFICER OR ECONOMIC ADVISOR OF 18 A LABOR UNION; ONE OFFICER OR FORMER OFFICER OR ECONOMIC ADVISOR TO A 19 BUSINESS CORPORATION; AND ONE OFFICER OR FORMER OFFICER OF A CIVIC OR 20 PUBLIC INTEREST ADVOCACY ORGANIZATION INVOLVED IN BUDGET MATTERS. NO 21 INDIVIDUAL SHALL SERVE CONSECUTIVE TERMS. 22 (B) THE INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE SHALL DEVELOP 23 GUIDELINES FOR THE BEST PRACTICES OF THE INDEPENDENT BUDGET OFFICE. THE 24 INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE SHALL MEET ANNUALLY WITH 25 THE DIRECTOR TO REVIEW SUCH GUIDELINES AND TO MAKE COMMENTS AND 26 SUGGESTIONS ON THE OVERALL PRACTICES OF THE OFFICE. 27 (C) MEMBERS OF THE ADVISORY COMMITTEE SHALL RECEIVE NO COMPENSATION 28 BUT SHALL BE REIMBURSED FOR REASONABLE EXPENSES INCURRED IN CONNECTION 29 WITH THEIR DUTIES. 30 3. THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE SHALL BE APPOINTED 31 WITHOUT REGARD TO POLITICAL AFFILIATION AND SOLELY ON THE BASIS OF 32 FITNESS TO PERFORM THE DUTIES ASSIGNED BY THIS ARTICLE. THE TERM OF 33 OFFICE OF THE DIRECTOR FIRST APPOINTED SHALL EXPIRE ON FEBRUARY 34 FIFTEENTH, TWO THOUSAND EIGHTEEN, AND THE TERMS OF OFFICE OF DIRECTORS 35 SUBSEQUENTLY APPOINTED SHALL EXPIRE ON SUCH DATE IN EACH SIXTH YEAR 36 THEREAFTER. ANY INDIVIDUAL APPOINTED TO FILL A VACANCY PRIOR TO THE 37 EXPIRATION OF A TERM SHALL SERVE ONLY FOR THE UNEXPIRED PORTION OF SUCH 38 TERM. AN INDIVIDUAL SERVING AS DIRECTOR AT THE EXPIRATION OF THE TERM 39 MAY CONTINUE TO SERVE UNTIL A SUCCESSOR IS APPOINTED. ANY DIRECTOR 40 SERVING CONSECUTIVE TERMS SHALL BE RECOMMENDED BY THE INDEPENDENT BUDGET 41 OFFICE ADVISORY COMMITTEE AND APPOINTED BY THE SPEAKER OF THE ASSEMBLY 42 AND THE TEMPORARY PRESIDENT OF THE SENATE FOR THE SECOND TERM. NO DIREC- 43 TOR SHALL SERVE MORE THAN TWO TERMS CONSECUTIVELY. 44 4. TEN PERCENT OF THE APPROPRIATIONS MADE TO THE DIVISION OF THE BUDG- 45 ET SHALL BE AVAILABLE TO PAY FOR THE EXPENSES OF THE INDEPENDENT BUDGET 46 OFFICE DURING EACH FISCAL YEAR BEGINNING WITH THE FIRST DAY OF APRIL 47 AFTER THIS SECTION SHALL HAVE BECOME A LAW. THE DIRECTOR OF THE INDE- 48 PENDENT BUDGET OFFICE SHALL APPOINT SUCH PERSONNEL AND PROCURE THE 49 SERVICES OF SUCH EXPERTS AND CONSULTANTS, WITHIN THE APPROPRIATIONS 50 AVAILABLE THEREFOR, AS MAY BE NECESSARY FOR SUCH DIRECTOR TO CARRY OUT 51 THE DUTIES AND FUNCTIONS ASSIGNED PURSUANT TO THIS ARTICLE. SUCH 52 PERSONNEL AND EXPERTS SHALL PERFORM SUCH DUTIES AS MAY BE ASSIGNED TO 53 THEM BY THE DIRECTOR. 54 5. THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE SHALL HAVE ACCESS AT 55 ALL REASONABLE TIMES TO OFFICES OF STATE DEPARTMENTS, COMMISSIONS, 56 BOARDS, BUREAUS AND OFFICES, TO INSTITUTIONS AND TO ALL STATE AUTHORI- A. 2301 4 1 TIES AND PUBLIC WORKS OF THE STATE AND THEY MAY, FOR THE PURPOSE OF 2 OBTAINING INFORMATION AS TO THE METHOD OF OPERATION, GENERAL CONDITION, 3 MANAGEMENT AND NEEDS THEREOF, EXAMINE THE BOOKS, PAPERS AND PUBLIC 4 RECORDS THEREIN. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH STATE 5 DEPARTMENTS, COMMISSIONS, BOARDS, BUREAUS, OFFICES, STATE AUTHORITIES 6 AND INSTITUTIONS SHALL, THROUGH THEIR PROPER OFFICERS OR DEPUTIES, 7 FURNISH TO THE DIRECTOR SUCH DATA, INFORMATION OR STATEMENTS AS MAY BE 8 NECESSARY FOR THE PROPER EXERCISE OF HIS OR HER POWERS AND DUTIES AND 9 FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF THIS ARTICLE. 10 6. THE INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE SHALL DETERMINE 11 THE SALARY OF THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE. 12 S 2. This act shall take effect immediately.