A2301-2011 Actions

• May 11, 2011: enacting clause stricken
• Jan 18, 2011: referred to governmental operations

A2301-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2301
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 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:

 

Section  1. The legislative law is amended by adding a new article 4-B
 to read as follows:

 ARTICLE 4-B
 NEW YORK STATE INDEPENDENT BUDGET OFFICE
 SECTION 75. POWERS AND DUTIES OF THE NEW YORK STATE  INDEPENDENT  BUDGET
 OFFICE.
 76. DIRECTOR OF THE NEW YORK STATE INDEPENDENT BUDGET OFFICE.
 

S  75.  POWERS  AND  DUTIES  OF  THE NEW YORK STATE INDEPENDENT BUDGET
 OFFICE. THERE SHALL HEREBY BE ESTABLISHED A NEW YORK  STATE  INDEPENDENT
 BUDGET  OFFICE.  1. IT SHALL BE THE DUTY OF THE NEW YORK STATE INDEPEND
 ENT BUDGET OFFICE TO PROVIDE THE MEMBERS AND COMMITTEES OF THE  LEGISLA
 TURE WITH INFORMATION WHICH WILL ASSIST SUCH OFFICIALS AND BODIES IN THE
 DISCHARGE  OF  THEIR RESPONSIBILITIES WHICH ARE RELATED TO THE BUDGETARY
 PROCESS INCLUDING:

 (A) INFORMATION WITH RESPECT TO THE BUDGET, APPROPRIATIONS  BILLS  AND
 PROPOSED LAWS WITH FISCAL IMPLICATIONS;
 (B)  INFORMATION  WITH RESPECT TO ESTIMATED REVENUES AND RECEIPTS, AND
 CHANGING REVENUE CONDITIONS;
 (C) INFORMATION WITH RESPECT TO THE PERFORMANCE AND  EFFECTIVENESS  OF
 STATE AGENCIES AND PROGRAMS; AND
 (D)  TO  THE EXTENT PRACTICABLE, SUCH OTHER INFORMATION OR ANALYSES AS
 MAY BE REQUESTED BY SUCH OFFICIALS AND BODIES, AND THE GENERAL PUBLIC.
 REQUESTS MADE BY THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY  PRESIDENT
 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
 THE CHAIR OF THE SENATE FINANCE COMMITTEE REGARDING THE BUDGET, REVENUES
 AND EXPENDITURES SHALL RECEIVE PRIORITY ATTENTION.
 2.    THE  INDEPENDENT  BUDGET  OFFICE  SHALL COMPLETE A FISCAL IMPACT
 STATEMENT: (A) FOR ANY BILL BEING CONSIDERED ON  AN  ASSEMBLY  WAYS  AND
 MEANS  COMMITTEE  AGENDA  OR  A  SENATE FINANCE COMMITTEE AGENDA, TO THE
 EXTENT POSSIBLE; (B) FOR ANY BILL AT  THE  REQUEST  OF  THE  SPEAKER  OR
 MINORITY  LEADER  OF THE ASSEMBLY OR THE TEMPORARY PRESIDENT OR MINORITY
 LEADER OF THE SENATE; AND (C) AT THE REQUEST OF  A  COMMITTEE  CHAIR  OR
 RANKING  MEMBER OF A COMMITTEE FOR ANY BILL REFERRED TO THEIR RESPECTIVE
 COMMITTEE.  FISCAL IMPACT STATEMENTS SHALL ESTIMATE THE IMPACT ON  STATE
 REVENUES OR EXPENDITURES.
 3.    THE  INDEPENDENT  BUDGET  OFFICE SHALL SUBMIT AN ANALYSIS OF THE
 EXECUTIVE BUDGET BY MARCH FIRST OF EACH  YEAR  TO  THE  MEMBERS  OF  THE
 ASSEMBLY  WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE, AND
 MAKE COPIES OF SUCH ANALYSIS AVAILABLE  TO  ALL  OTHER  MEMBERS  OF  THE
 LEGISLATURE AND ALL OTHER INDIVIDUALS, UPON REQUEST.
 4.  THE  INDEPENDENT  BUDGET  OFFICE SHALL, TO THE EXTENT PRACTICABLE,
 DEVELOP PROPOSALS FOR COST EFFECTIVE ALTERNATIVE APPROACHES TO MEET  THE
 PUBLIC RESPONSIBILITIES OF THE STATE.
 5.  THE  INDEPENDENT BUDGET OFFICE SHALL PUBLISH A REPORT WITH RESPECT
 TO THE EXPECTED LEVELS OF STATE REVENUES BY THE FIRST  DAY  OF  JANUARY,
 THE FIRST DAY OF APRIL, THE FIRST DAY OF JULY AND THE FIRST DAY OF OCTO
 BER OF EACH YEAR.
 6.  THE  INDEPENDENT  BUDGET  OFFICE SHALL PUBLISH BY DECEMBER THIRTY
 FIRST OF EACH YEAR A REPORT ANALYZING THE FISCAL OUTLOOK  OF  THE  STATE
 FOR THE NEXT FIVE YEARS.
 7.  THE  INDEPENDENT  BUDGET  OFFICE SHALL, FROM TIME TO TIME, PUBLISH
 SUCH REPORTS AS MAY BE APPROPRIATE TO ENHANCE THE  OFFICIAL  AND  PUBLIC
 UNDERSTANDING OF THE BUDGETARY PROCESS AND OF THE BUDGET DOCUMENTS. SUCH
 OFFICE  SHALL,  FROM TIME TO TIME, PUBLISH SUCH REPORTS AS MAY BE NECES
 SARY OR APPROPRIATE TO PROVIDE SUCH INFORMATION, DATA  AND  ANALYSIS  AS
 WILL  ENHANCE  OFFICIAL  AND PUBLIC UNDERSTANDING OF MATTERS RELATING TO
 STATE REVENUES, EXPENDITURES, MANAGEMENT PRACTICES AND RELATED MATTERS.
 8. THE INDEPENDENT  BUDGET  OFFICE  MAY  PROCURE  UP-TO-DATE  COMPUTER
 EQUIPMENT,  OBTAIN  THE  SERVICES OF EXPERTS AND CONSULTANTS IN COMPUTER
 TECHNOLOGY, AND DEVELOP TECHNIQUES FOR THE EVALUATION OF REVENUE PROJEC
 TIONS AND BUDGETARY REQUIREMENTS.
 9. ALL INFORMATION, DATA, ESTIMATES AND STATISTICS,  AND  ALL  STUDIES
 AND  REPORTS  PREPARED  BY  THE  INDEPENDENT BUDGET OFFICE SHALL BE MADE
 AVAILABLE TO THE PUBLIC AND SHALL ALSO BE MADE AVAILABLE  BY  ELECTRONIC
 MEANS OVER THE INTERNET.
 

S  76.    DIRECTOR OF THE NEW YORK STATE INDEPENDENT BUDGET OFFICE. 1.
 THE NEW YORK STATE INDEPENDENT BUDGET OFFICE SHALL BE HEADED BY A DIREC
 TOR WHO SHALL 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. THE RECOMMENDATIONS FOR THE INITIAL
 APPOINTMENT OF SUCH  DIRECTOR  SHALL  BE  MADE  NO  LATER  THAN  JANUARY
 FIFTEENTH,  TWO  THOUSAND  TWELVE  TO  THE SPECIAL COMMITTEE. SUBSEQUENT
 RECOMMENDATIONS  SHALL  BE  MADE  BETWEEN  JANUARY  SECOND  AND  JANUARY
 FIFTEENTH  EVERY  SIXTH  YEAR  THEREAFTER.  THE  SPECIAL COMMITTEE SHALL
 APPOINT THE INITIAL DIRECTOR NO LATER THAN FEBRUARY FIFTEENTH, TWO THOU
 SAND NINE AND SUCH INITIAL DIRECTOR SHALL TAKE  OFFICE  BEGINNING  APRIL
 FIRST, TWO THOUSAND NINE. SUBSEQUENT APPOINTMENTS SHALL BE MADE NO LATER
 THAN FEBRUARY FIFTEENTH EVERY SIXTH YEAR THEREAFTER.
 2.  (A) THERE SHALL BE AN INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE
 CONSISTING OF: (I) THE CHAIR AND RANKING MEMBER OF THE ASSEMBLY WAYS AND
 
       A. 2301                             3
 MEANS COMMITTEE AND THE CHAIR AND RANKING MEMBER OF THE  SENATE  FINANCE
 COMMITTEE OR THEIR DESIGNEES; (II) THREE MEMBERS APPOINTED BY THE SPEAK
 ER OF THE ASSEMBLY; (III) THREE MEMBERS APPOINTED BY THE TEMPORARY PRES
 IDENT  OF  THE  SENATE;  AND (IV) TWO MEMBERS, ONE EACH APPOINTED BY THE
 MINORITY LEADER IN EACH HOUSE OF THE LEGISLATURE.  THE  MEMBERS  OF  THE
 ADVISORY  COMMITTEE  SHALL  SERVE  FOR SIX YEAR TERMS, PROVIDED, HOWEVER
 THAT OF THE MEMBERS FIRST APPOINTED, THREE SHALL SERVE FOR TERMS  EXPIR
 ING  ON  MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN; THREE SHALL SERVE FOR
 TERMS EXPIRING ON MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN; AND  THREE
 SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST, TWO THOUSAND NINE
 TEEN. THE MEMBERS SHALL ALL BE INDIVIDUALS WITH EXTENSIVE EXPERIENCE AND
 KNOWLEDGE IN THE FIELDS OF FINANCE, ECONOMICS, ACCOUNTING, PUBLIC ADMIN
 ISTRATION  AND  PUBLIC POLICY ANALYSIS INCLUDING AT LEAST ONE NATIONALLY
 RECOGNIZED EXPERT IN THE FIELDS OF BUDGET THEORY AND THE BUDGET PROCESS;
 ONE DEAN OR DIRECTOR OR FORMER DEAN OR DIRECTOR OF A GRADUATE SCHOOL  OF
 BUSINESS ADMINISTRATION, PUBLIC AFFAIRS OR PUBLIC ADMINISTRATION LOCATED
 IN  NEW YORK STATE; ONE OFFICER OR FORMER OFFICER OR ECONOMIC ADVISOR OF
 A LABOR UNION; ONE OFFICER OR FORMER OFFICER OR ECONOMIC  ADVISOR  TO  A
 BUSINESS  CORPORATION;  AND  ONE OFFICER OR FORMER OFFICER OF A CIVIC OR
 PUBLIC INTEREST ADVOCACY ORGANIZATION INVOLVED IN BUDGET  MATTERS.    NO
 INDIVIDUAL SHALL SERVE CONSECUTIVE TERMS.
 (B)  THE  INDEPENDENT  BUDGET  OFFICE ADVISORY COMMITTEE SHALL DEVELOP
 GUIDELINES FOR THE BEST PRACTICES OF THE INDEPENDENT BUDGET OFFICE.  THE
 INDEPENDENT  BUDGET  OFFICE  ADVISORY COMMITTEE SHALL MEET ANNUALLY WITH
 THE DIRECTOR  TO  REVIEW  SUCH  GUIDELINES  AND  TO  MAKE  COMMENTS  AND
 SUGGESTIONS ON THE OVERALL PRACTICES OF THE OFFICE.
 (C)  MEMBERS  OF  THE ADVISORY COMMITTEE SHALL RECEIVE NO COMPENSATION
 BUT SHALL BE REIMBURSED FOR REASONABLE EXPENSES INCURRED  IN  CONNECTION
 WITH THEIR DUTIES.
 3.  THE  DIRECTOR  OF THE INDEPENDENT BUDGET OFFICE SHALL BE APPOINTED
 WITHOUT REGARD TO POLITICAL AFFILIATION  AND  SOLELY  ON  THE  BASIS  OF
 FITNESS  TO  PERFORM  THE  DUTIES  ASSIGNED BY THIS ARTICLE. THE TERM OF
 OFFICE  OF  THE  DIRECTOR  FIRST  APPOINTED  SHALL  EXPIRE  ON  FEBRUARY
 FIFTEENTH,  TWO  THOUSAND EIGHTEEN, AND THE TERMS OF OFFICE OF DIRECTORS
 SUBSEQUENTLY APPOINTED SHALL EXPIRE ON SUCH  DATE  IN  EACH  SIXTH  YEAR
 THEREAFTER.  ANY  INDIVIDUAL  APPOINTED  TO  FILL A VACANCY PRIOR TO THE
 EXPIRATION OF A TERM SHALL SERVE ONLY FOR THE UNEXPIRED PORTION OF  SUCH
 TERM.  AN  INDIVIDUAL  SERVING AS DIRECTOR AT THE EXPIRATION OF THE TERM
 MAY CONTINUE TO SERVE UNTIL A SUCCESSOR  IS  APPOINTED.    ANY  DIRECTOR
 SERVING CONSECUTIVE TERMS SHALL BE RECOMMENDED BY THE INDEPENDENT BUDGET
 OFFICE  ADVISORY  COMMITTEE AND APPOINTED BY THE SPEAKER OF THE ASSEMBLY
 AND THE TEMPORARY PRESIDENT OF THE SENATE FOR THE SECOND TERM. NO DIREC
 TOR SHALL SERVE MORE THAN TWO TERMS CONSECUTIVELY.
 4. TEN PERCENT OF THE APPROPRIATIONS MADE TO THE DIVISION OF THE BUDG
 ET SHALL BE AVAILABLE TO PAY FOR THE EXPENSES OF THE INDEPENDENT  BUDGET
 OFFICE  DURING  EACH  FISCAL  YEAR BEGINNING WITH THE FIRST DAY OF APRIL
 AFTER THIS SECTION SHALL HAVE BECOME A LAW. THE DIRECTOR  OF  THE  INDE
 PENDENT  BUDGET  OFFICE  SHALL  APPOINT  SUCH  PERSONNEL AND PROCURE THE
 SERVICES OF SUCH EXPERTS  AND  CONSULTANTS,  WITHIN  THE  APPROPRIATIONS
 AVAILABLE  THEREFOR,  AS MAY BE NECESSARY FOR SUCH DIRECTOR TO CARRY OUT
 THE DUTIES AND FUNCTIONS  ASSIGNED  PURSUANT  TO  THIS  ARTICLE.    SUCH
 PERSONNEL  AND  EXPERTS  SHALL PERFORM SUCH DUTIES AS MAY BE ASSIGNED TO
 THEM BY THE DIRECTOR.
 5. THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE SHALL HAVE ACCESS  AT
 ALL  REASONABLE  TIMES  TO  OFFICES  OF  STATE DEPARTMENTS, COMMISSIONS,
 BOARDS, BUREAUS AND OFFICES, TO INSTITUTIONS AND TO ALL  STATE  AUTHORI
 
       A. 2301                             4
 TIES  AND  PUBLIC  WORKS  OF  THE STATE AND THEY MAY, FOR THE PURPOSE OF
 OBTAINING INFORMATION AS TO THE METHOD OF OPERATION, GENERAL  CONDITION,
 MANAGEMENT  AND  NEEDS  THEREOF,  EXAMINE  THE  BOOKS, PAPERS AND PUBLIC
 RECORDS  THEREIN. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH STATE
 DEPARTMENTS, COMMISSIONS, BOARDS, BUREAUS,  OFFICES,  STATE  AUTHORITIES
 AND  INSTITUTIONS  SHALL,  THROUGH  THEIR  PROPER  OFFICERS OR DEPUTIES,
 FURNISH TO THE DIRECTOR SUCH DATA, INFORMATION OR STATEMENTS AS  MAY  BE
 NECESSARY  FOR  THE  PROPER EXERCISE OF HIS OR HER POWERS AND DUTIES AND
 FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF THIS ARTICLE.
 6.  THE INDEPENDENT BUDGET OFFICE ADVISORY COMMITTEE  SHALL  DETERMINE
 THE SALARY OF THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE.
 

S 2. This act shall take effect immediately.

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