Bill Text: NY S04005 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the New York state independent budget office with a director to be appointed, upon the recommendations of an independent budget office advisory committee, by the speaker of the assembly and the temporary president of the senate; such office shall 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: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-02-19 - PRINT NUMBER 4005B [S04005 Detail]

Download: New_York-2013-S04005-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4005--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     March 4, 2013
                                      ___________
       Introduced  by  Sens.  GRIFFO, LARKIN -- read twice and ordered printed,
         and when printed to be committed to the  Committee  on  Investigations
         and  Government Operations -- recommitted to the Committee on Investi-
         gations and Government Operations in accordance with  Senate  Rule  6,
         sec.  8  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04757-02-4
       S. 4005--A                          2
    1    (D)  TO  THE EXTENT PRACTICABLE, SUCH OTHER INFORMATION OR ANALYSES AS
    2  MAY BE REQUESTED BY SUCH OFFICIALS AND BODIES, AND THE GENERAL PUBLIC.
    3    REQUESTS  MADE BY THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT
    4  OF THE SENATE, THE CHAIR OF THE ASSEMBLY WAYS AND  MEANS  COMMITTEE  AND
    5  THE CHAIR OF THE SENATE FINANCE COMMITTEE REGARDING THE BUDGET, REVENUES
    6  AND EXPENDITURES SHALL RECEIVE PRIORITY ATTENTION.
    7    2.    THE  INDEPENDENT  BUDGET  OFFICE  SHALL COMPLETE A FISCAL IMPACT
    8  STATEMENT: (A) FOR ANY BILL BEING CONSIDERED ON  AN  ASSEMBLY  WAYS  AND
    9  MEANS  COMMITTEE  AGENDA  OR  A  SENATE FINANCE COMMITTEE AGENDA, TO THE
   10  EXTENT POSSIBLE; (B) FOR ANY BILL AT  THE  REQUEST  OF  THE  SPEAKER  OR
   11  MINORITY  LEADER  OF THE ASSEMBLY OR THE TEMPORARY PRESIDENT OR MINORITY
   12  LEADER OF THE SENATE; AND (C) AT THE REQUEST OF  A  COMMITTEE  CHAIR  OR
   13  RANKING  MEMBER OF A COMMITTEE FOR ANY BILL REFERRED TO THEIR RESPECTIVE
   14  COMMITTEE.  FISCAL IMPACT STATEMENTS SHALL ESTIMATE THE IMPACT ON  STATE
   15  REVENUES OR EXPENDITURES.
   16    3.    THE  INDEPENDENT  BUDGET  OFFICE SHALL SUBMIT AN ANALYSIS OF THE
   17  EXECUTIVE BUDGET BY MARCH FIRST OF EACH  YEAR  TO  THE  MEMBERS  OF  THE
   18  ASSEMBLY  WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE, AND
   19  MAKE COPIES OF SUCH ANALYSIS AVAILABLE  TO  ALL  OTHER  MEMBERS  OF  THE
   20  LEGISLATURE AND ALL OTHER INDIVIDUALS, UPON REQUEST.
   21    4.  THE  INDEPENDENT  BUDGET  OFFICE SHALL, TO THE EXTENT PRACTICABLE,
   22  DEVELOP PROPOSALS FOR COST EFFECTIVE ALTERNATIVE APPROACHES TO MEET  THE
   23  PUBLIC RESPONSIBILITIES OF THE STATE.
   24    5.  THE  INDEPENDENT BUDGET OFFICE SHALL PUBLISH A REPORT WITH RESPECT
   25  TO THE EXPECTED LEVELS OF STATE REVENUES BY THE FIRST  DAY  OF  JANUARY,
   26  THE FIRST DAY OF APRIL, THE FIRST DAY OF JULY AND THE FIRST DAY OF OCTO-
   27  BER OF EACH YEAR.
   28    6.  THE  INDEPENDENT  BUDGET OFFICE SHALL PUBLISH BY DECEMBER FIRST OF
   29  EACH YEAR A REPORT ANALYZING THE FISCAL OUTLOOK OF  THE  STATE  FOR  THE
   30  NEXT FIVE YEARS.
   31    7.  THE  INDEPENDENT  BUDGET  OFFICE SHALL, FROM TIME TO TIME, PUBLISH
   32  SUCH REPORTS AS MAY BE APPROPRIATE TO ENHANCE THE  OFFICIAL  AND  PUBLIC
   33  UNDERSTANDING OF THE BUDGETARY PROCESS AND OF THE BUDGET DOCUMENTS. SUCH
   34  OFFICE  SHALL,  FROM TIME TO TIME, PUBLISH SUCH REPORTS AS MAY BE NECES-
   35  SARY OR APPROPRIATE TO PROVIDE SUCH INFORMATION, DATA  AND  ANALYSIS  AS
   36  WILL  ENHANCE  OFFICIAL  AND PUBLIC UNDERSTANDING OF MATTERS RELATING TO
   37  STATE REVENUES, EXPENDITURES, MANAGEMENT PRACTICES AND RELATED MATTERS.
   38    8. THE INDEPENDENT  BUDGET  OFFICE  MAY  PROCURE  UP-TO-DATE  COMPUTER
   39  EQUIPMENT,  OBTAIN  THE  SERVICES OF EXPERTS AND CONSULTANTS IN COMPUTER
   40  TECHNOLOGY, AND DEVELOP TECHNIQUES FOR THE EVALUATION OF REVENUE PROJEC-
   41  TIONS AND BUDGETARY REQUIREMENTS.
   42    9. ALL INFORMATION, DATA, ESTIMATES AND STATISTICS,  AND  ALL  STUDIES
   43  AND  REPORTS  PREPARED  BY  THE  INDEPENDENT BUDGET OFFICE SHALL BE MADE
   44  AVAILABLE TO THE PUBLIC AND SHALL ALSO BE MADE AVAILABLE  BY  ELECTRONIC
   45  MEANS OVER THE INTERNET.
   46    S  76.    DIRECTOR OF THE NEW YORK STATE INDEPENDENT BUDGET OFFICE. 1.
   47  THE NEW YORK STATE INDEPENDENT BUDGET OFFICE SHALL BE HEADED BY A DIREC-
   48  TOR WHO SHALL BE APPOINTED, UPON THE RECOMMENDATIONS OF  AN  INDEPENDENT
   49  BUDGET OFFICE ADVISORY COMMITTEE, BY THE SPEAKER OF THE ASSEMBLY AND THE
   50  TEMPORARY  PRESIDENT  OF THE SENATE. THE RECOMMENDATIONS FOR THE INITIAL
   51  APPOINTMENT OF SUCH  DIRECTOR  SHALL  BE  MADE  NO  LATER  THAN  JANUARY
   52  FIFTEENTH,  TWO  THOUSAND  FIFTEEN  TO THE SPECIAL COMMITTEE. SUBSEQUENT
   53  RECOMMENDATIONS  SHALL  BE  MADE  BETWEEN  JANUARY  SECOND  AND  JANUARY
   54  FIFTEENTH  EVERY  SIXTH  YEAR  THEREAFTER.  THE  SPECIAL COMMITTEE SHALL
   55  APPOINT THE INITIAL DIRECTOR NO LATER THAN FEBRUARY FIFTEENTH, TWO THOU-
   56  SAND FIFTEEN AND SUCH INITIAL DIRECTOR SHALL TAKE OFFICE BEGINNING APRIL
       S. 4005--A                          3
    1  FIRST, TWO THOUSAND FIFTEEN. SUBSEQUENT APPOINTMENTS SHALL  BE  MADE  NO
    2  LATER THAN FEBRUARY FIFTEENTH EVERY SIXTH YEAR THEREAFTER.
    3    2.  (A) THERE SHALL BE AN INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE
    4  CONSISTING OF (I) ONE PERSON APPOINTED BY EACH OF  THE  FOLLOWING  OFFI-
    5  CIALS  AND  WHO SHALL SERVE AT THE PLEASURE OF SUCH OFFICIALS; THE CHAIR
    6  AND RANKING MEMBER OF THE ASSEMBLY WAYS  AND  MEANS  COMMITTEE  AND  THE
    7  CHAIR  AND  RANKING MEMBER OF THE SENATE FINANCE COMMITTEE, AND (II) SIX
    8  OTHER MEMBERS JOINTLY APPOINTED BY THE SPEAKER OF THE ASSEMBLY  AND  THE
    9  TEMPORARY  PRESIDENT  OF THE SENATE, WHO SHALL SERVE FOR SIX YEAR TERMS,
   10  PROVIDED, HOWEVER THAT OF THE MEMBERS FIRST APPOINTED, TWO  SHALL  SERVE
   11  FOR  TERMS  EXPIRING  ON MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN; TWO
   12  SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST, TWO THOUSAND NINE-
   13  TEEN; AND TWO SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST,  TWO
   14  THOUSAND  TWENTY.  THE  MEMBERS  SHALL ALL BE INDIVIDUALS WITH EXTENSIVE
   15  EXPERIENCE AND KNOWLEDGE IN THE FIELDS OF FINANCE,  ECONOMICS,  ACCOUNT-
   16  ING, PUBLIC ADMINISTRATION AND PUBLIC POLICY ANALYSIS INCLUDING AT LEAST
   17  ONE  NATIONALLY RECOGNIZED EXPERT IN THE FIELDS OF BUDGET THEORY AND THE
   18  BUDGET PROCESS; ONE DEAN OR DIRECTOR OR FORMER DEAN  OR  DIRECTOR  OF  A
   19  GRADUATE  SCHOOL  OF  BUSINESS  ADMINISTRATION, PUBLIC AFFAIRS OR PUBLIC
   20  ADMINISTRATION LOCATED IN NEW YORK STATE; ONE OFFICER OR FORMER  OFFICER
   21  OR  ECONOMIC  ADVISOR OF A LABOR UNION; ONE OFFICER OR FORMER OFFICER OR
   22  ECONOMIC ADVISOR TO A BUSINESS CORPORATION; AND ONE  OFFICER  OR  FORMER
   23  OFFICER  OF A CIVIC OR PUBLIC INTEREST ADVOCACY ORGANIZATION INVOLVED IN
   24  BUDGET MATTERS.  NO INDIVIDUAL SHALL SERVE CONSECUTIVE TERMS.
   25    (B) THE INDEPENDENT BUDGET OFFICE  ADVISORY  COMMITTEE  SHALL  DEVELOP
   26  GUIDELINES  FOR THE BEST PRACTICES OF THE INDEPENDENT BUDGET OFFICE. THE
   27  INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE SHALL  MEET  ANNUALLY  WITH
   28  THE  DIRECTOR  TO  REVIEW  SUCH  GUIDELINES  AND  TO  MAKE  COMMENTS AND
   29  SUGGESTIONS ON THE OVERALL PRACTICES OF THE OFFICE.
   30    (C) MEMBERS OF THE ADVISORY COMMITTEE SHALL  RECEIVE  NO  COMPENSATION
   31  BUT  SHALL  BE REIMBURSED FOR REASONABLE EXPENSES INCURRED IN CONNECTION
   32  WITH THEIR DUTIES.
   33    3. THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE  SHALL  BE  APPOINTED
   34  WITHOUT  REGARD  TO  POLITICAL  AFFILIATION  AND  SOLELY ON THE BASIS OF
   35  FITNESS TO PERFORM THE DUTIES ASSIGNED BY  THIS  ARTICLE.  THE  TERM  OF
   36  OFFICE  OF  THE  DIRECTOR  FIRST  APPOINTED  SHALL  EXPIRE  ON  FEBRUARY
   37  FIFTEENTH, TWO THOUSAND TWENTY, AND THE TERMS  OF  OFFICE  OF  DIRECTORS
   38  SUBSEQUENTLY  APPOINTED  SHALL  EXPIRE  ON  SUCH DATE IN EACH SIXTH YEAR
   39  THEREAFTER. ANY INDIVIDUAL APPOINTED TO FILL  A  VACANCY  PRIOR  TO  THE
   40  EXPIRATION  OF A TERM SHALL SERVE ONLY FOR THE UNEXPIRED PORTION OF SUCH
   41  TERM. AN INDIVIDUAL SERVING AS DIRECTOR AT THE EXPIRATION  OF  THE  TERM
   42  MAY  CONTINUE  TO  SERVE  UNTIL A SUCCESSOR IS APPOINTED.   ANY DIRECTOR
   43  SERVING CONSECUTIVE TERMS SHALL BE RECOMMENDED BY THE INDEPENDENT BUDGET
   44  OFFICE ADVISORY COMMITTEE AND APPOINTED BY THE SPEAKER OF  THE  ASSEMBLY
   45  AND THE TEMPORARY PRESIDENT OF THE SENATE FOR THE SECOND TERM. NO DIREC-
   46  TOR SHALL SERVE MORE THAN TWO TERMS CONSECUTIVELY.
   47    4. TEN PERCENT OF THE APPROPRIATIONS MADE TO THE DIVISION OF THE BUDG-
   48  ET  SHALL BE AVAILABLE TO PAY FOR THE EXPENSES OF THE INDEPENDENT BUDGET
   49  OFFICE DURING EACH FISCAL YEAR BEGINNING WITH THE  FIRST  DAY  OF  APRIL
   50  AFTER  THIS  SECTION  SHALL HAVE BECOME A LAW. THE DIRECTOR OF THE INDE-
   51  PENDENT BUDGET OFFICE SHALL  APPOINT  SUCH  PERSONNEL  AND  PROCURE  THE
   52  SERVICES  OF  SUCH  EXPERTS  AND  CONSULTANTS, WITHIN THE APPROPRIATIONS
   53  AVAILABLE THEREFOR, AS MAY BE NECESSARY FOR SUCH DIRECTOR TO  CARRY  OUT
   54  THE  DUTIES  AND  FUNCTIONS  ASSIGNED  PURSUANT  TO THIS ARTICLE.   SUCH
   55  PERSONNEL AND EXPERTS SHALL PERFORM SUCH DUTIES AS MAY  BE  ASSIGNED  TO
   56  THEM BY THE DIRECTOR.
       S. 4005--A                          4
    1    5.  THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE SHALL HAVE ACCESS AT
    2  ALL REASONABLE TIMES  TO  OFFICES  OF  STATE  DEPARTMENTS,  COMMISSIONS,
    3  BOARDS,  BUREAUS  AND OFFICES, TO INSTITUTIONS AND TO ALL STATE AUTHORI-
    4  TIES AND PUBLIC WORKS OF THE STATE AND THEY  MAY,  FOR  THE  PURPOSE  OF
    5  OBTAINING  INFORMATION AS TO THE METHOD OF OPERATION, GENERAL CONDITION,
    6  MANAGEMENT AND NEEDS THEREOF,  EXAMINE  THE  BOOKS,  PAPERS  AND  PUBLIC
    7  RECORDS  THEREIN.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW SUCH STATE
    8  DEPARTMENTS, COMMISSIONS, BOARDS, BUREAUS,  OFFICES,  STATE  AUTHORITIES
    9  AND  INSTITUTIONS  SHALL,  THROUGH  THEIR  PROPER  OFFICERS OR DEPUTIES,
   10  FURNISH TO THE DIRECTOR SUCH DATA, INFORMATION OR STATEMENTS AS  MAY  BE
   11  NECESSARY  FOR  THE  PROPER EXERCISE OF HIS OR HER POWERS AND DUTIES AND
   12  FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF THIS ARTICLE.
   13    6.  THE INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE  SHALL  DETERMINE
   14  THE SALARY OF THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE.
   15    S 2. This act shall take effect immediately.