Bill Text: NY A09027 | 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.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2012-01-17 - referred to governmental operations [A09027 Detail]
Download: New_York-2011-A09027-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9027
I N A S S E M B L Y
January 17, 2012
___________
Introduced by M. of A. ENGLEBRIGHT -- 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
25 THE CHAIR OF THE SENATE FINANCE COMMITTEE REGARDING THE BUDGET, REVENUES
26 AND EXPENDITURES SHALL RECEIVE PRIORITY ATTENTION.
27 2. THE INDEPENDENT BUDGET OFFICE SHALL COMPLETE A FISCAL IMPACT
28 STATEMENT: (A) FOR ANY BILL BEING CONSIDERED ON AN ASSEMBLY WAYS AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06375-02-2
A. 9027 2
1 MEANS COMMITTEE AGENDA OR A SENATE FINANCE COMMITTEE AGENDA, TO THE
2 EXTENT POSSIBLE; (B) FOR ANY BILL AT THE REQUEST OF THE SPEAKER OR
3 MINORITY LEADER OF THE ASSEMBLY OR THE TEMPORARY PRESIDENT OR MINORITY
4 LEADER OF THE SENATE; AND (C) AT THE REQUEST OF A COMMITTEE CHAIR OR
5 RANKING MEMBER OF A COMMITTEE FOR ANY BILL REFERRED TO THEIR RESPECTIVE
6 COMMITTEE. FISCAL IMPACT STATEMENTS SHALL ESTIMATE THE IMPACT ON STATE
7 REVENUES OR EXPENDITURES.
8 3. THE INDEPENDENT BUDGET OFFICE SHALL SUBMIT AN ANALYSIS OF THE
9 EXECUTIVE BUDGET BY MARCH FIRST OF EACH YEAR TO THE MEMBERS OF THE
10 ASSEMBLY WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE, AND
11 MAKE COPIES OF SUCH ANALYSIS AVAILABLE TO ALL OTHER MEMBERS OF THE
12 LEGISLATURE AND ALL OTHER INDIVIDUALS, UPON REQUEST.
13 4. THE INDEPENDENT BUDGET OFFICE SHALL, TO THE EXTENT PRACTICABLE,
14 DEVELOP PROPOSALS FOR COST EFFECTIVE ALTERNATIVE APPROACHES TO MEET THE
15 PUBLIC RESPONSIBILITIES OF THE STATE.
16 5. THE INDEPENDENT BUDGET OFFICE SHALL PUBLISH A REPORT WITH RESPECT
17 TO THE EXPECTED LEVELS OF STATE REVENUES BY THE FIRST DAY OF JANUARY,
18 THE FIRST DAY OF APRIL, THE FIRST DAY OF JULY AND THE FIRST DAY OF OCTO-
19 BER OF EACH YEAR.
20 6. THE INDEPENDENT BUDGET OFFICE SHALL PUBLISH BY DECEMBER THIRTY-
21 FIRST OF EACH YEAR A REPORT ANALYZING THE FISCAL OUTLOOK OF THE STATE
22 FOR THE NEXT FIVE YEARS.
23 7. THE INDEPENDENT BUDGET OFFICE SHALL, FROM TIME TO TIME, PUBLISH
24 SUCH REPORTS AS MAY BE APPROPRIATE TO ENHANCE THE OFFICIAL AND PUBLIC
25 UNDERSTANDING OF THE BUDGETARY PROCESS AND OF THE BUDGET DOCUMENTS. SUCH
26 OFFICE SHALL, FROM TIME TO TIME, PUBLISH SUCH REPORTS AS MAY BE NECES-
27 SARY OR APPROPRIATE TO PROVIDE SUCH INFORMATION, DATA AND ANALYSIS AS
28 WILL ENHANCE OFFICIAL AND PUBLIC UNDERSTANDING OF MATTERS RELATING TO
29 STATE REVENUES, EXPENDITURES, MANAGEMENT PRACTICES AND RELATED MATTERS.
30 8. THE INDEPENDENT BUDGET OFFICE MAY PROCURE UP-TO-DATE COMPUTER
31 EQUIPMENT, OBTAIN THE SERVICES OF EXPERTS AND CONSULTANTS IN COMPUTER
32 TECHNOLOGY, AND DEVELOP TECHNIQUES FOR THE EVALUATION OF REVENUE PROJEC-
33 TIONS AND BUDGETARY REQUIREMENTS.
34 9. ALL INFORMATION, DATA, ESTIMATES AND STATISTICS, AND ALL STUDIES
35 AND REPORTS PREPARED BY THE INDEPENDENT BUDGET OFFICE SHALL BE MADE
36 AVAILABLE TO THE PUBLIC AND SHALL ALSO BE MADE AVAILABLE BY ELECTRONIC
37 MEANS OVER THE INTERNET.
38 S 76. DIRECTOR OF THE NEW YORK STATE INDEPENDENT BUDGET OFFICE. 1.
39 THE NEW YORK STATE INDEPENDENT BUDGET OFFICE SHALL BE HEADED BY A DIREC-
40 TOR WHO SHALL BE APPOINTED, UPON THE RECOMMENDATIONS OF AN INDEPENDENT
41 BUDGET OFFICE ADVISORY COMMITTEE, BY THE SPEAKER OF THE ASSEMBLY AND THE
42 TEMPORARY PRESIDENT OF THE SENATE. THE RECOMMENDATIONS FOR THE INITIAL
43 APPOINTMENT OF SUCH DIRECTOR SHALL BE MADE NO LATER THAN JANUARY
44 FIFTEENTH, TWO THOUSAND THIRTEEN TO THE COMMITTEE. SUBSEQUENT RECOMMEN-
45 DATIONS SHALL BE MADE BETWEEN JANUARY SECOND AND JANUARY FIFTEENTH EVERY
46 SIXTH YEAR THEREAFTER. THE COMMITTEE SHALL APPOINT THE INITIAL DIRECTOR
47 NO LATER THAN FEBRUARY FIFTEENTH, TWO THOUSAND THIRTEEN AND SUCH INITIAL
48 DIRECTOR SHALL TAKE OFFICE BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN.
49 SUBSEQUENT APPOINTMENTS SHALL BE MADE NO LATER THAN FEBRUARY FIFTEENTH
50 EVERY SIXTH YEAR THEREAFTER.
51 2. (A) THERE SHALL BE AN INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE
52 CONSISTING OF: (I) THE CHAIR AND RANKING MINORITY MEMBER OF THE ASSEMBLY
53 WAYS AND MEANS COMMITTEE AND THE CHAIR AND RANKING MINORITY MEMBER OF
54 THE SENATE FINANCE COMMITTEE OR THEIR DESIGNEES; (II) THREE MEMBERS
55 APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (III) THREE MEMBERS APPOINTED
56 BY THE TEMPORARY PRESIDENT OF THE SENATE; AND (IV) TWO MEMBERS, ONE EACH
A. 9027 3
1 APPOINTED BY THE MINORITY LEADER IN EACH HOUSE OF THE LEGISLATURE. THE
2 MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE FOR SIX YEAR TERMS,
3 PROVIDED, HOWEVER THAT OF THE MEMBERS FIRST APPOINTED, THREE SHALL SERVE
4 FOR TERMS EXPIRING ON MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN; THREE
5 SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST, TWO THOUSAND
6 SEVENTEEN; AND THREE SHALL SERVE FOR TERMS EXPIRING ON MARCH
7 THIRTY-FIRST, TWO THOUSAND NINETEEN. THE MEMBERS SHALL ALL BE INDIVID-
8 UALS WITH EXTENSIVE EXPERIENCE AND KNOWLEDGE IN THE FIELDS OF FINANCE,
9 ECONOMICS, ACCOUNTING, PUBLIC ADMINISTRATION AND PUBLIC POLICY ANALYSIS
10 INCLUDING AT LEAST ONE NATIONALLY RECOGNIZED EXPERT IN THE FIELDS OF
11 BUDGET THEORY AND THE BUDGET PROCESS; ONE DEAN OR DIRECTOR OR FORMER
12 DEAN OR DIRECTOR OF A GRADUATE SCHOOL OF BUSINESS ADMINISTRATION, PUBLIC
13 AFFAIRS OR PUBLIC ADMINISTRATION LOCATED IN NEW YORK STATE; ONE OFFICER
14 OR FORMER OFFICER OR ECONOMIC ADVISOR OF A LABOR UNION; ONE OFFICER OR
15 FORMER OFFICER OR ECONOMIC ADVISOR TO A BUSINESS CORPORATION; AND ONE
16 OFFICER OR FORMER OFFICER OF A CIVIC OR PUBLIC INTEREST ADVOCACY ORGAN-
17 IZATION INVOLVED IN BUDGET MATTERS. NO INDIVIDUAL SHALL SERVE CONSEC-
18 UTIVE TERMS.
19 (B) THE INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE SHALL DEVELOP
20 GUIDELINES FOR THE BEST PRACTICES OF THE INDEPENDENT BUDGET OFFICE. THE
21 INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE SHALL MEET ANNUALLY WITH
22 THE DIRECTOR TO REVIEW SUCH GUIDELINES AND TO MAKE COMMENTS AND
23 SUGGESTIONS ON THE OVERALL PRACTICES OF THE OFFICE.
24 (C) MEMBERS OF THE ADVISORY COMMITTEE SHALL RECEIVE NO COMPENSATION
25 BUT SHALL BE REIMBURSED FOR REASONABLE EXPENSES INCURRED IN CONNECTION
26 WITH THEIR DUTIES.
27 3. THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE SHALL BE APPOINTED
28 WITHOUT REGARD TO POLITICAL AFFILIATION AND SOLELY ON THE BASIS OF
29 FITNESS TO PERFORM THE DUTIES ASSIGNED BY THIS ARTICLE. THE TERM OF
30 OFFICE OF THE DIRECTOR FIRST APPOINTED SHALL EXPIRE ON FEBRUARY
31 FIFTEENTH, TWO THOUSAND EIGHTEEN, AND THE TERMS OF OFFICE OF DIRECTORS
32 SUBSEQUENTLY APPOINTED SHALL EXPIRE ON SUCH DATE IN EACH SIXTH YEAR
33 THEREAFTER. ANY INDIVIDUAL APPOINTED TO FILL A VACANCY PRIOR TO THE
34 EXPIRATION OF A TERM SHALL SERVE ONLY FOR THE UNEXPIRED PORTION OF SUCH
35 TERM. AN INDIVIDUAL SERVING AS DIRECTOR AT THE EXPIRATION OF THE TERM
36 MAY CONTINUE TO SERVE UNTIL A SUCCESSOR IS APPOINTED. ANY DIRECTOR
37 SERVING CONSECUTIVE TERMS SHALL BE RECOMMENDED BY THE INDEPENDENT BUDGET
38 OFFICE ADVISORY COMMITTEE AND APPOINTED BY THE SPEAKER OF THE ASSEMBLY
39 AND THE TEMPORARY PRESIDENT OF THE SENATE FOR THE SECOND TERM. NO DIREC-
40 TOR SHALL SERVE MORE THAN TWO TERMS CONSECUTIVELY.
41 4. TEN PERCENT OF THE APPROPRIATIONS MADE TO THE DIVISION OF THE BUDG-
42 ET SHALL BE AVAILABLE TO PAY FOR THE EXPENSES OF THE INDEPENDENT BUDGET
43 OFFICE DURING EACH FISCAL YEAR BEGINNING WITH THE FIRST DAY OF APRIL
44 AFTER THIS SECTION SHALL HAVE BECOME A LAW. THE DIRECTOR OF THE INDE-
45 PENDENT BUDGET OFFICE SHALL APPOINT SUCH PERSONNEL AND PROCURE THE
46 SERVICES OF SUCH EXPERTS AND CONSULTANTS, WITHIN THE APPROPRIATIONS
47 AVAILABLE THEREFOR, AS MAY BE NECESSARY FOR SUCH DIRECTOR TO CARRY OUT
48 THE DUTIES AND FUNCTIONS ASSIGNED PURSUANT TO THIS ARTICLE. SUCH
49 PERSONNEL AND EXPERTS SHALL PERFORM SUCH DUTIES AS MAY BE ASSIGNED TO
50 THEM BY THE DIRECTOR.
51 5. THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE SHALL HAVE ACCESS AT
52 ALL REASONABLE TIMES TO OFFICES OF STATE DEPARTMENTS, COMMISSIONS,
53 BOARDS, BUREAUS AND OFFICES, TO INSTITUTIONS AND TO ALL STATE AUTHORI-
54 TIES AND PUBLIC WORKS OF THE STATE AND THEY MAY, FOR THE PURPOSE OF
55 OBTAINING INFORMATION AS TO THE METHOD OF OPERATION, GENERAL CONDITION,
56 MANAGEMENT AND NEEDS THEREOF, EXAMINE THE BOOKS, PAPERS AND PUBLIC
A. 9027 4
1 RECORDS THEREIN. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH STATE
2 DEPARTMENTS, COMMISSIONS, BOARDS, BUREAUS, OFFICES, STATE AUTHORITIES
3 AND INSTITUTIONS SHALL, THROUGH THEIR PROPER OFFICERS OR DEPUTIES,
4 FURNISH TO THE DIRECTOR SUCH DATA, INFORMATION OR STATEMENTS AS MAY BE
5 NECESSARY FOR THE PROPER EXERCISE OF HIS OR HER POWERS AND DUTIES AND
6 FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF THIS ARTICLE.
7 6. THE INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE SHALL DETERMINE
8 THE SALARY OF THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE.
9 S 2. This act shall take effect immediately.
