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BILL NUMBER:S3460

TITLE OF BILL: An act to amend the legislative law, in relation to the creation of a non-partisan legislative budget office

PURPOSE: This bill would establish a nonpartisan legislative budget office which would mirror the non-partisan congressional budget office.

SUMMARY OF PROVISIONS: Section one of this bill would add a new Article 4-B to the legislative law, to establish a new Non-Partisan Legislative Budget Office. Specifically, this bill would:

1. Add a new Section 76 to the Legislative Law to create a new NonPartisan Legislative Budget Office. Such office would:

a. Mirror the congressional budget office and its provisions, as is set forth pursuant to federal law;

b. Be headed by a Director appointed by the Speaker of the Assembly and the President pro tempore of the Senate after considering recommendations received from the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means, without regard to political affiliation and solely on the basis of his fitness to perform his or her duties;

c. Permit the Director to be removed by either the Assembly or the Senate by resolution, provide that the term of office of the Director would be 4 years and would expire on January 3 of the year preceding each Gubernatorial election, provide that the Director shall receive compensation at an annual rate of pay that is equal to the lower of the highest annual rate of compensation of any officer of the Senate, or the highest annual rate of compensation of any officer of the Assembly.

d. Have a Deputy Director, appointed by the Director, who would receive compensation that is $1,000 less than the annual rate of pay received by the Director, and who would perform such duties as may be assigned by the Director and, during the absence, incapacity or vacancy of the Director, would act as Director.

e. Provide that the Director would appoint and fix the compensation of such personnel as may be necessary to carry out the duties and functions of the office, with all personnel of the Office appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties.

f. Provide that the Director would prescribe the duties and responsibilities of the personnel of the office, and delegate to them authority to perform any of the duties, powers, and functions imposed on the Office or on the Director, and for purposes of pay (other than pay of the Director and Deputy Director) and employment benefits,

 rights, and privileges, all personnel of the Office shall be treated as if they were employees of the Senate.

g. Provide that in carrying out the duties and functions of the Office, the Director may procure the temporary (not to exceed one year) or intermittent services of experts or consultants or organizations thereof by contract as independent contractors, or, in the case of individual experts or consultants, by employment at rates of pay not in excess of an amount established in the budget by the state legislature.

h. Provide that the Director would be authorized to secure information, data, estimates, and statistics directly from the various departments, agencies, and establishments of the executive branch of Government and the regulatory agencies and commissions of the Government, and that an such departments, agencies, establishments, and regulatory agencies and commissions would be required to furnish the Director any available material which he determines to be necessary in the performance of his duties and functions.

i. Provide that in carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other state government entities with a view to utilizing most effectively the information, services, and capabilities of an such entities in carrying out the various responsibilities assigned to each, the Director would be authorized to obtain information, data, estimates, and statistics developed by such entities, and (upon agreement with them) to utilize their services, facilities, and personnel with or without reimbursement.

j. Provide that for the purposes of revenue legislation which is income, estate and gift, excise, and payroll taxes considered or enacted in any session of the legislature, the Office would use exclusively during that session of the legislature revenue estimates provided to it by the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means, and that during that session of the legislature such revenue estimates shall be transmitted by the Office to any committee of the Assembly or the Senate requesting such estimates, and shall be used by such Committees in determining such estimates, and that the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means would determine an estimates with respect to scoring points of order and with respect to the execution of the purposes of this Act.

k. Authorize appropriations for the Office for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions, and provide that the Director of the Office may, within appropriations made therefore, provide for the training and or professional development of individuals employed by the Office.

2. Add a new section 77 to the Legislative Law to provide assistance to the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means by the Non Partisan Legislative Budget Office. Specifically, this section would provide:

 a. That it would be the primary duty and function of the Non- Partisan Legislative Budget Office to provide the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means with information which would assist such committees in the discharge of all matters within their jurisdictions, including information with respect to the budget, appropriation bills, and other bills authorizing or providing new budget authority or tax expenditures, revenues, receipts, estimated future revenues and receipts, and changing revenue conditions, as well as such related information as such Committee may request;

b. That at the request of the Senate Standing Committee on Finance and/or the Assembly Standing Committee on Ways and Means, the Office would provide to such Committee any information which would assist it in the discharge of matters within its jurisdiction, and such related information as the Committee may request;

c. That at the request of any other committee of the Assembly or the Senate, the Office would provide to such committee any information which will assist it in the discharge of matters within its jurisdiction, and, to the extent practicable, such additional information related to the foregoing as may be requested, and that at the request of any committee of the Senate or the Assembly, the Office would, to the extent practicable, consult with and assist such committee in analyzing the budgetary or financial impact of any proposed legislation that may have a significant budgetary impact on state or local governments, a significant financial impact on the private sector, or a significant employment impact on the private sector;

d. That at the request of any member of the Assembly or Senate, the Office would provide to such Member any information which would assist such member in the discharge of matters concerning their legislative office, and, to the extent available, such additional information related to the foregoing as may be requested;

e. That at the request of the Senate Standing Committee on Finance and! or the Assembly Standing Committee on Ways and Means, the personnel of the Office would be assigned, on a temporary basis, to assist such committee, and that at the request of any other committee of either the Assembly or the Senate, personnel of the Office could be assigned, on a temporary basis, to assist such committee with respect to matters directly related to such committee's jurisdiction;

f. That on or before February 15 of each year, the Director would be required to submit to the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means, a report, for the fiscal year commencing on April 1 of that year, with respect to fiscal policy;

g. That the Director would also be required to submit to the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means such further reports as may be necessary or appropriate to provide such Committees with information, data, and analyses for the performance of their duties and functions;

 h. That on or before May 15 of each year, the Director, after consultation with the appropriate committees of the Assembly and Senate, would be further required to submit to the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means a report listing all programs and activities funded during the fiscal year ending March 31 of the next calendar year for which authorizations for appropriations have not been enacted for that fiscal year, and all programs and activities for which authorizations for appropriations have been enacted for the fiscal year ending March 31 of the next calendar year, but for which no authorizations for appropriations have been enacted for the fiscal year; and

i. That the Director could equip the Office with up-to-date computer capability, obtain the services of experts and consultants in computer technology, and develop techniques for the evaluation of budgetary requirements, and conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures, and that at the request of any Chairman or ranking member of the minority of a Committee of the Senate or the Assembly, the Director would be required, to the extent practicable, to conduct a study of a legislative proposal containing a state mandate;

3. Add a new section 78 to the legislative law regarding broad based and significant public access to budget data produced by the Non-Partisan Legislative Budget Office; and

4. Add a new section 79 to the legislative law to require the Nonpartisan Legislative Budget Office to produce an Annual Report which would include documentation of fiscal policies of the state, including budget authority, written estimates of anticipated state revenues for budgetary purposes, projected economic factors and forecasts, and a summarization of the budget proposed by the governor pursuant to article seven of the constitution.

JUSTIFICATION: This bill would establish a new Non Partisan Legislative Budget Office for the State of New York.

This measure, which mirrors the highly respected Congressional Budget Office in the federal government, seeks to provide for professional, independent, non partisan fiscal forecasting and budget assessments for New York State fiscal matters and legislative impacts. By inserting professionalism and removing the politics from budget assessments, this bill seeks to shine the light of truth and accuracy on New York State fiscal affairs and actions. Such accuracy and independence would also bring an added tool to reduce the causes of the perennial late state budgets, and remove the problem of inaccurately assessed state mandates and spending programs.

To bring professionalism and non partisanship into the budget process, would help to build fiscal integrity and stability in New York. If would empower citizens to know the consequences of both the annual state budget as well as legislative proposals which would have a substantial fiscal impact. It would help to remove the speculation and. partisan slant which has caused New York's financial status to

 deteriorate, and provide a proven and useful tool to rebuild our state's financial condition.

LEGISLATIVE HISTORY: S.8392 of 2010 - Rules Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.

Text

STATE OF NEW YORK
________________________________________________________________________

3460

2011-2012 Regular Sessions

IN SENATE

February 23, 2011
___________

Introduced  by Sens. GRIFFO, GRISANTI, LARKIN, RANZENHOFER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Investigations and Government Operations

AN ACT to amend the legislative law, in relation to the  creation  of  a
  non-partisan legislative 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
                 NON-PARTISAN LEGISLATIVE BUDGET OFFICE
SECTION 76. NON-PARTISAN LEGISLATIVE BUDGET OFFICE.
        77. ASSISTANCE  TO  SENATE STANDING COMMITTEE ON FINANCE AND THE
              ASSEMBLY STANDING COMMITTEE ON WAYS AND MEANS.
        78. PUBLIC ACCESS TO BUDGET DATA.
        79. ANNUAL REPORT.
  S 76. NON-PARTISAN LEGISLATIVE BUDGET OFFICE. 1. THERE IS  ESTABLISHED
AN OFFICE OF THE LEGISLATURE TO BE KNOWN AS THE NON-PARTISAN LEGISLATIVE
BUDGET  OFFICE (HEREINAFTER REFERRED TO AS THE OFFICE). THE OFFICE SHALL
BE HEADED BY A DIRECTOR; AND THERE SHALL BE A DEPUTY DIRECTOR WHO  SHALL
PERFORM  SUCH  DUTIES  AS  MAY BE ASSIGNED TO HIM OR HER BY THE DIRECTOR
AND, DURING THE ABSENCE OR INCAPACITY OF THE DIRECTOR OR DURING A VACAN-
CY IN THAT OFFICE, SHALL ACT AS DIRECTOR.
  2. THE DIRECTOR SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY  AND
THE  TEMPORARY PRESIDENT OF THE SENATE AFTER CONSIDERING RECOMMENDATIONS
RECEIVED FROM THE SENATE STANDING COMMITTEE ON FINANCE AND THE  ASSEMBLY
STANDING  COMMITTEE ON WAYS AND MEANS WITHOUT REGARD TO POLITICAL AFFIL-
IATION AND SOLELY ON THE BASIS OF HIS OR HER FITNESS TO PERFORM  HIS  OR
HER DUTIES. THE DEPUTY DIRECTOR SHALL BE APPOINTED BY THE DIRECTOR.
  3.  THE  TERM  OF OFFICE OF THE DIRECTOR SHALL BE FOUR YEARS AND SHALL
EXPIRE ON  JANUARY  THIRD  OF  THE  YEAR  PRECEDING  EACH  GUBERNATORIAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05964-01-1
S. 3460                             2

ELECTION.  ANY  INDIVIDUAL APPOINTED AS DIRECTOR TO FILL A VACANCY PRIOR
TO THE EXPIRATION OF A TERM SHALL SERVE ONLY FOR THE  UNEXPIRED  PORTION
OF  THAT  TERM. AN INDIVIDUAL SERVING AS DIRECTOR AT THE EXPIRATION OF A
TERM  MAY CONTINUE TO SERVE UNTIL HIS OR HER SUCCESSOR IS APPOINTED. ANY
DEPUTY DIRECTOR SHALL SERVE UNTIL THE EXPIRATION OF THE TERM  OF  OFFICE
OF  THE DIRECTOR WHO APPOINTED HIM OR HER AND UNTIL HIS OR HER SUCCESSOR
IS APPOINTED, UNLESS SOONER REMOVED BY THE DIRECTOR.
  4. THE DIRECTOR MAY BE REMOVED BY EITHER THE ASSEMBLY OR THE SENATE BY
RESOLUTION.
  5. THE DIRECTOR SHALL RECEIVE COMPENSATION AT AN ANNUAL  RATE  OF  PAY
THAT IS EQUAL TO THE LOWER OF THE HIGHEST ANNUAL RATE OF COMPENSATION OF
ANY OFFICER OF THE SENATE, OR THE HIGHEST ANNUAL RATE OF COMPENSATION OF
ANY  OFFICER  OF THE ASSEMBLY. THE DEPUTY DIRECTOR SHALL RECEIVE COMPEN-
SATION AT AN ANNUAL RATE OF PAY THAT IS ONE THOUSAND DOLLARS  LESS  THAN
THE ANNUAL RATE OF PAY RECEIVED BY THE DIRECTOR.
  6. THE DIRECTOR SHALL APPOINT AND FIX THE COMPENSATION OF SUCH PERSON-
NEL  AS  MAY  BE  NECESSARY TO CARRY OUT THE DUTIES AND FUNCTIONS OF THE
OFFICE.  ALL PERSONNEL OF THE OFFICE SHALL BE APPOINTED  WITHOUT  REGARD
TO  POLITICAL  AFFILIATION  AND  SOLELY ON THE BASIS OF THEIR FITNESS TO
PERFORM THEIR DUTIES. THE DIRECTOR MAY PRESCRIBE THE DUTIES AND  RESPON-
SIBILITIES OF THE PERSONNEL OF THE OFFICE, AND DELEGATE TO THEM AUTHORI-
TY  TO  PERFORM  ANY OF THE DUTIES, POWERS, AND FUNCTIONS IMPOSED ON THE
OFFICE OR ON THE DIRECTOR. FOR PURPOSES OF PAY (OTHER THAN  PAY  OF  THE
DIRECTOR AND DEPUTY DIRECTOR) AND EMPLOYMENT BENEFITS, RIGHTS, AND PRIV-
ILEGES,  ALL  PERSONNEL  OF  THE OFFICE SHALL BE TREATED AS IF THEY WERE
EMPLOYEES OF THE SENATE.
  7. IN CARRYING OUT THE DUTIES AND FUNCTIONS OF THE OFFICE, THE  DIREC-
TOR  MAY  PROCURE THE TEMPORARY (NOT TO EXCEED ONE YEAR) OR INTERMITTENT
SERVICES OF EXPERTS OR CONSULTANTS OR ORGANIZATIONS THEREOF BY  CONTRACT
AS  INDEPENDENT  CONTRACTORS,  OR,  IN THE CASE OF INDIVIDUAL EXPERTS OR
CONSULTANTS, BY EMPLOYMENT AT RATES OF PAY NOT IN EXCESS  OF  AN  AMOUNT
ESTABLISHED IN THE BUDGET BY THE LEGISLATURE.
  8.  THE DIRECTOR IS AUTHORIZED TO SECURE INFORMATION, DATA, ESTIMATES,
AND STATISTICS DIRECTLY FROM THE VARIOUS DEPARTMENTS,  DIVISIONS,  OFFI-
CERS,  AGENCIES,  PUBLIC  AUTHORITIES  AND  COMMISSIONS OF THE EXECUTIVE
BRANCH OF GOVERNMENT AND THE REGULATORY AGENCIES AND COMMISSIONS OF  THE
GOVERNMENT.  ALL  SUCH DEPARTMENTS, DIVISIONS, OFFICES, AGENCIES, PUBLIC
AUTHORITIES, AND COMMISSIONS SHALL FURNISH THE  DIRECTOR  ANY  AVAILABLE
MATERIAL  WHICH  HE OR SHE DETERMINES TO BE NECESSARY IN THE PERFORMANCE
OF HIS OR HER DUTIES AND FUNCTIONS (OTHER THAN MATERIAL  THE  DISCLOSURE
OF  WHICH WOULD BE A VIOLATION OF LAW). THE DIRECTOR IS ALSO AUTHORIZED,
UPON AGREEMENT WITH THE HEAD OF ANY SUCH DEPARTMENT,  AGENCY,  DIVISION,
OFFICE, COMMISSION OR PUBLIC AUTHORITY, TO UTILIZE ITS SERVICES, FACILI-
TIES,  AND PERSONNEL WITH OR WITHOUT REIMBURSEMENT; AND THE HEAD OF EACH
SUCH DEPARTMENT, AGENCY, DIVISION, OFFICE, COMMISSION OR PUBLIC AUTHORI-
TY IS AUTHORIZED TO PROVIDE THE OFFICE SUCH  SERVICES,  FACILITIES,  AND
PERSONNEL.
  9. IN CARRYING OUT THE DUTIES AND FUNCTIONS OF THE OFFICE, AND FOR THE
PURPOSE OF COORDINATING THE OPERATIONS OF THE OFFICE WITH THOSE OF OTHER
STATE  GOVERNMENT ENTITIES WITH A VIEW TO UTILIZING MOST EFFECTIVELY THE
INFORMATION, SERVICES, AND CAPABILITIES OF ALL SUCH ENTITIES IN CARRYING
OUT THE VARIOUS RESPONSIBILITIES  ASSIGNED  TO  EACH,  THE  DIRECTOR  IS
AUTHORIZED TO OBTAIN INFORMATION, DATA, ESTIMATES, AND STATISTICS DEVEL-
OPED  BY  SUCH ENTITIES, AND (UPON AGREEMENT WITH THEM) TO UTILIZE THEIR
SERVICES, FACILITIES, AND PERSONNEL WITH OR WITHOUT REIMBURSEMENT.
S. 3460                             3

  10. FOR THE PURPOSES OF REVENUE LEGISLATION WHICH  IS  INCOME,  ESTATE
AND GIFT, EXCISE, AND PAYROLL TAXES CONSIDERED OR ENACTED IN ANY SESSION
OF THE LEGISLATURE, THE OFFICE SHALL USE EXCLUSIVELY DURING THAT SESSION
OF THE LEGISLATURE REVENUE ESTIMATES PROVIDED TO IT BY THE SENATE STAND-
ING COMMITTEE ON FINANCE AND THE ASSEMBLY STANDING COMMITTEE ON WAYS AND
MEANS.  DURING  THAT  SESSION  OF THE LEGISLATURE SUCH REVENUE ESTIMATES
SHALL BE TRANSMITTED BY THE OFFICE TO ANY COMMITTEE OF THE  ASSEMBLY  OR
THE  SENATE REQUESTING SUCH ESTIMATES, AND SHALL BE USED BY SUCH COMMIT-
TEES IN DETERMINING SUCH ESTIMATES. THE  SENATE  STANDING  COMMITTEE  ON
FINANCE  AND  THE  ASSEMBLY  STANDING  COMMITTEE ON WAYS AND MEANS SHALL
DETERMINE ALL ESTIMATES WITH RESPECT TO SCORING POINTS OF ORDER AND WITH
RESPECT TO THE EXECUTION OF THE PURPOSES OF THIS ARTICLE.
  11. THERE ARE AUTHORIZED TO BE APPROPRIATED TO  THE  OFFICE  FOR  EACH
FISCAL  YEAR SUCH SUMS AS MAY BE NECESSARY TO ENABLE IT TO CARRY OUT ITS
DUTIES AND FUNCTIONS.
  12. THE DIRECTOR OF THE OFFICE MAY, WITHIN APPROPRIATIONS MADE  THERE-
FOR,  PROVIDE  FOR THE TRAINING AND/OR PROFESSIONAL DEVELOPMENT OF INDI-
VIDUALS EMPLOYED BY THE OFFICE.
  S 77. ASSISTANCE TO SENATE  STANDING  COMMITTEE  ON  FINANCE  AND  THE
ASSEMBLY STANDING COMMITTEE ON WAYS AND MEANS. 1. IT SHALL BE THE PRIMA-
RY  DUTY  AND  FUNCTION  OF THE OFFICE TO PROVIDE TO THE SENATE STANDING
COMMITTEE ON FINANCE AND THE ASSEMBLY STANDING  COMMITTEE  ON  WAYS  AND
MEANS  INFORMATION WHICH WILL ASSIST SUCH COMMITTEES IN THE DISCHARGE OF
ALL MATTERS WITHIN THEIR JURISDICTIONS, INCLUDING:
  (A) INFORMATION WITH RESPECT TO THE BUDGET, APPROPRIATION  BILLS,  AND
OTHER BILLS AUTHORIZING OR PROVIDING NEW BUDGET AUTHORITY OR TAX EXPEND-
ITURES;
  (B)  INFORMATION  WITH RESPECT TO REVENUES, RECEIPTS, ESTIMATED FUTURE
REVENUES AND RECEIPTS, AND CHANGING REVENUE CONDITIONS; AND
  (C) SUCH RELATED INFORMATION AS SUCH COMMITTEE MAY REQUEST.
  2. AT THE REQUEST OF THE SENATE STANDING COMMITTEE ON  FINANCE  AND/OR
THE  ASSEMBLY  STANDING  COMMITTEE  ON  WAYS AND MEANS, THE OFFICE SHALL
PROVIDE TO SUCH COMMITTEE ANY INFORMATION WHICH WILL ASSIST  IT  IN  THE
DISCHARGE  OF MATTERS WITHIN ITS JURISDICTION, AND SUCH RELATED INFORMA-
TION AS THE COMMITTEE MAY REQUEST.
  3. AT THE REQUEST OF ANY  OTHER  COMMITTEE  OF  THE  ASSEMBLY  OR  THE
SENATE, THE OFFICE SHALL PROVIDE TO SUCH COMMITTEE ANY INFORMATION WHICH
WILL ASSIST IT IN THE DISCHARGE OF MATTERS WITHIN ITS JURISDICTION, AND,
TO  THE  EXTENT  PRACTICABLE, SUCH ADDITIONAL INFORMATION RELATED TO THE
FOREGOING AS MAY BE REQUESTED. AT THE REQUEST OF ANY  COMMITTEE  OF  THE
SENATE  OR  THE  ASSEMBLY,  THE OFFICE SHALL, TO THE EXTENT PRACTICABLE,
CONSULT WITH AND ASSIST SUCH COMMITTEE IN  ANALYZING  THE  BUDGETARY  OR
FINANCIAL IMPACT OF ANY PROPOSED LEGISLATION THAT MAY HAVE:
  (A) A SIGNIFICANT BUDGETARY IMPACT ON STATE OR LOCAL GOVERNMENTS;
  (B) A SIGNIFICANT FINANCIAL IMPACT ON THE PRIVATE SECTOR; OR
  (C) A SIGNIFICANT EMPLOYMENT IMPACT ON THE PRIVATE SECTOR.
  4.  AT THE REQUEST OF ANY MEMBER OF THE ASSEMBLY OR SENATE, THE OFFICE
SHALL PROVIDE TO SUCH MEMBER ANY  INFORMATION  WHICH  WILL  ASSIST  SUCH
MEMBER  IN THE DISCHARGE OF MATTERS CONCERNING THEIR LEGISLATIVE OFFICE,
AND, TO THE EXTENT AVAILABLE, SUCH ADDITIONAL INFORMATION RELATED TO THE
FOREGOING AS MAY BE REQUESTED.
  5. AT THE REQUEST OF THE SENATE STANDING COMMITTEE ON  FINANCE  AND/OR
THE  ASSEMBLY  STANDING  COMMITTEE  ON  WAYS AND MEANS, PERSONNEL OF THE
OFFICE SHALL BE ASSIGNED, ON A TEMPORARY BASIS, TO ASSIST  SUCH  COMMIT-
TEE. AT THE REQUEST OF ANY OTHER COMMITTEE OF EITHER THE ASSEMBLY OR THE
SENATE,  PERSONNEL  OF THE OFFICE MAY BE ASSIGNED, ON A TEMPORARY BASIS,
S. 3460                             4

TO ASSIST SUCH COMMITTEE WITH RESPECT TO  MATTERS  DIRECTLY  RELATED  TO
SUCH COMMITTEE'S JURISDICTION.
  6.  ON  OR  BEFORE FEBRUARY FIFTEENTH OF EACH YEAR, THE DIRECTOR SHALL
SUBMIT TO THE SENATE STANDING COMMITTEE  ON  FINANCE  AND  THE  ASSEMBLY
STANDING  COMMITTEE  ON  WAYS  AND  MEANS, A REPORT, FOR THE FISCAL YEAR
COMMENCING ON APRIL FIRST OF THAT YEAR, WITH RESPECT TO  FISCAL  POLICY,
INCLUDING:
  (A)  ALTERNATIVE LEVELS OF TOTAL REVENUES, TOTAL NEW BUDGET AUTHORITY,
AND TOTAL OUTLAYS (INCLUDING RELATED SURPLUSES AND DEFICITS);
  (B) THE LEVELS OF TAX EXPENDITURES UNDER  EXISTING  LAW,  TAKING  INTO
ACCOUNT  PROJECTED ECONOMIC FACTORS AND ANY CHANGES IN SUCH LEVELS BASED
ON PROPOSALS IN THE BUDGET SUBMITTED BY THE  GOVERNOR  FOR  SUCH  FISCAL
YEAR; AND
  (C) A STATEMENT OF THE LEVELS OF BUDGET AUTHORITY AND OUTLAYS FOR EACH
PROGRAM  IDENTIFIED  IN THE PROPOSED EXECUTIVE BUDGET. SUCH REPORT SHALL
ALSO INCLUDE A DISCUSSION OF STATE BUDGET PRIORITIES, INCLUDING ALTERNA-
TIVE WAYS OF ALLOCATING NEW BUDGET AUTHORITY AND BUDGET OUTLAYS FOR SUCH
FISCAL YEAR AMONG MAJOR PROGRAMS OR FUNCTIONAL CATEGORIES,  TAKING  INTO
ACCOUNT HOW SUCH ALTERNATIVE ALLOCATIONS WILL MEET MAJOR STATE NEEDS AND
AFFECT BALANCED GROWTH AND DEVELOPMENT OF THE STATE OF NEW YORK.
  7.  THE DIRECTOR SHALL FROM TIME TO TIME SUBMIT TO THE SENATE STANDING
COMMITTEE ON FINANCE AND THE ASSEMBLY STANDING  COMMITTEE  ON  WAYS  AND
MEANS  SUCH  FURTHER  REPORTS  (INCLUDING  REPORTS  REVISING  THE REPORT
REQUIRED BY SUBDIVISION SIX OF THIS SECTION)  AS  MAY  BE  NECESSARY  OR
APPROPRIATE  TO  PROVIDE  SUCH  COMMITTEES  WITH  INFORMATION, DATA, AND
ANALYSES FOR THE PERFORMANCE OF THEIR DUTIES AND FUNCTIONS.
  8. ON OR BEFORE MAY  FIFTEENTH  OF  EACH  YEAR,  THE  DIRECTOR,  AFTER
CONSULTATION WITH THE APPROPRIATE COMMITTEES OF THE ASSEMBLY AND SENATE,
SHALL  SUBMIT TO THE SENATE STANDING COMMITTEE ON FINANCE AND THE ASSEM-
BLY STANDING COMMITTEE ON WAYS AND MEANS A REPORT LISTING:
  (A) ALL PROGRAMS AND ACTIVITIES FUNDED DURING THE FISCAL  YEAR  ENDING
MARCH  THIRTY-FIRST  OF  THE NEXT CALENDAR YEAR FOR WHICH AUTHORIZATIONS
FOR APPROPRIATIONS HAVE NOT BEEN ENACTED FOR THAT FISCAL YEAR; AND
  (B) ALL PROGRAMS AND ACTIVITIES FOR WHICH AUTHORIZATIONS FOR APPROPRI-
ATIONS HAVE BEEN ENACTED FOR THE FISCAL YEAR ENDING  MARCH  THIRTY-FIRST
OF THE NEXT CALENDAR YEAR, BUT FOR WHICH NO AUTHORIZATIONS FOR APPROPRI-
ATIONS HAVE BEEN ENACTED FOR THE FISCAL YEAR.
  9. THE DIRECTOR MAY EQUIP THE OFFICE WITH UP-TO-DATE COMPUTER CAPABIL-
ITY,  OBTAINED THE SERVICES OF EXPERTS AND CONSULTANTS IN COMPUTER TECH-
NOLOGY, AND DEVELOP TECHNIQUES FOR THE EVALUATION OF BUDGETARY  REQUIRE-
MENTS.
  10.  THE  DIRECTOR  OF  THE OFFICE SHALL CONDUCT CONTINUING STUDIES TO
ENHANCE COMPARISONS OF BUDGET OUTLAYS, CREDIT AUTHORITY, AND TAX EXPEND-
ITURES. AT THE REQUEST OF ANY CHAIRMAN OR RANKING MEMBER OF THE MINORITY
OF A COMMITTEE OF THE SENATE OR THE ASSEMBLY, THE DIRECTOR SHALL, TO THE
EXTENT PRACTICABLE, CONDUCT A STUDY OF A LEGISLATIVE PROPOSAL CONTAINING
A STATE MANDATE. IN CONDUCTING A STUDY  ON  INTERGOVERNMENTAL  MANDATES,
THE DIRECTOR SHALL:
  (A)  SOLICIT  AND  CONSIDER INFORMATION OR COMMENTS FROM ELECTED OFFI-
CIALS (INCLUDING THEIR DESIGNATED REPRESENTATIVES)  OF  STATE  OR  LOCAL
GOVERNMENTS AS MAY PROVIDE HELPFUL INFORMATION OR COMMENTS;
  (B)  CONSIDER  ESTABLISHING  ADVISORY  PANELS  OF ELECTED OFFICIALS OR
THEIR DESIGNATED REPRESENTATIVES, OF STATE OR LOCAL GOVERNMENTS  IF  THE
DIRECTOR  DETERMINES  THAT  SUCH  ADVISORY  PANELS  WOULD  BE HELPFUL IN
PERFORMING RESPONSIBILITIES OF THE DIRECTOR UNDER THIS SUBDIVISION; AND
S. 3460                             5

  (C) IF, AND TO THE EXTENT THAT THE DIRECTOR DETERMINES  THAT  ACCURATE
ESTIMATES ARE REASONABLY FEASIBLE, INCLUDE ESTIMATES OF:
  (I)  THE  FUTURE  DIRECT  COST OF THE STATE MANDATE TO THE EXTENT THAT
SUCH COSTS SIGNIFICANTLY DIFFER FROM  OR  EXTEND  BEYOND  THE  FIVE-YEAR
PERIOD AFTER THE MANDATE IS FIRST EFFECTIVE; AND
  (II)  ANY  DISPROPORTIONATE  BUDGETARY  EFFECTS OF STATE MANDATES UPON
PARTICULAR INDUSTRIES OR SECTORS OF THE ECONOMY, STATE, REGION, LOCALITY
AND URBAN OR RURAL OR OTHER TYPES OF COMMUNITIES, AS APPROPRIATE.
  (D) IN CONDUCTING A STUDY ON PRIVATE  SECTOR  MANDATES,  THE  DIRECTOR
SHALL  PROVIDE  ESTIMATES, IF AND TO THE EXTENT THAT THE DIRECTOR DETER-
MINES THAT SUCH ESTIMATES ARE REASONABLY FEASIBLE, OF:
  (I) FUTURE COSTS OF STATE PRIVATE SECTOR MANDATES TO THE  EXTENT  THAT
SUCH  MANDATES  DIFFER SIGNIFICANTLY FROM OR EXTEND BEYOND THE FIVE-YEAR
TIME PERIOD;
  (II) ANY DISPROPORTIONATE FINANCIAL EFFECTS OF  STATE  PRIVATE  SECTOR
MANDATES  AND  OF  ANY  STATE  FINANCIAL ASSISTANCE IN THE BILL OR JOINT
RESOLUTION UPON ANY PARTICULAR INDUSTRIES OR  SECTORS  OF  THE  ECONOMY,
STATE,  COUNTY,  REGION,  LOCALITY, AND URBAN OR RURAL OR OTHER TYPES OF
COMMUNITIES; AND
  (III) THE EFFECT OF STATE PRIVATE SECTOR MANDATES IN THE BILL OR JOINT
RESOLUTION ON THE STATE ECONOMY, INCLUDING THE EFFECT  ON  PRODUCTIVITY,
ECONOMIC  GROWTH,  FULL  EMPLOYMENT,  CREATION  OF  PRODUCTIVE JOBS, AND
INTERNATIONAL COMPETITIVENESS OF NEW YORK STATE GOODS AND SERVICES.
  S 78. PUBLIC ACCESS TO BUDGET  DATA.  1.  RIGHT  TO  COPY.  EXCEPT  AS
PROVIDED  IN  SUBDIVISIONS  THREE,  FOUR,  AND FIVE OF THIS SECTION, THE
DIRECTOR SHALL MAKE ALL INFORMATION,  DATA,  ESTIMATES,  AND  STATISTICS
OBTAINED  UNDER SECTION SEVENTY-SIX OF THIS ARTICLE AVAILABLE FOR PUBLIC
COPYING DURING NORMAL BUSINESS HOURS, SUBJECT TO  REASONABLE  RULES  AND
REGULATIONS,  AND SHALL TO THE EXTENT PRACTICABLE, AT THE REQUEST OF ANY
PERSON, FURNISH A COPY OF ANY  SUCH  INFORMATION,  DATA,  ESTIMATES,  OR
STATISTICS  UPON  PAYMENT  BY  SUCH  PERSON  OF  THE  COST OF MAKING AND
FURNISHING SUCH COPY.
  2. INDEX. THE DIRECTOR SHALL DEVELOP AND MAINTAIN FILING, CODING,  AND
INDEXING  SYSTEMS  THAT  IDENTIFY  THE INFORMATION, DATA, ESTIMATES, AND
STATISTICS TO WHICH SUBDIVISION ONE OF THIS SECTION  APPLIES  AND  SHALL
MAKE SUCH SYSTEMS AVAILABLE FOR PUBLIC USE DURING NORMAL BUSINESS HOURS.
  3.  EXCEPTIONS.  SUBDIVISION  ONE  OF  THIS SECTION SHALL NOT APPLY TO
INFORMATION, DATA, ESTIMATES, AND STATISTICS WHICH:
  (A) ARE SPECIFICALLY EXEMPTED FROM DISCLOSURE BY LAW; OR
  (B) THE DIRECTOR DETERMINES WILL DISCLOSE:
  (I) MATTERS NECESSARY TO BE KEPT SECRET IN THE INTERESTS OF THE PUBLIC
PROTECTION OF THE STATE OF NEW YORK;
  (II) INFORMATION RELATING TO TRADE SECRETS OR FINANCIAL OR  COMMERCIAL
INFORMATION PERTAINING SPECIFICALLY TO A GIVEN PERSON IF THE INFORMATION
HAS  BEEN OBTAINED BY THE GOVERNMENT ON A CONFIDENTIAL BASIS, OTHER THAN
THROUGH AN APPLICATION BY SUCH PERSON FOR A SPECIFIC FINANCIAL OR  OTHER
BENEFIT,  AND  IS  REQUIRED  TO BE KEPT SECRET IN ORDER TO PREVENT UNDUE
INJURY TO THE COMPETITIVE POSITION OF SUCH PERSON; OR
  (III) PERSONNEL OR MEDICAL DATA OR  SIMILAR  DATA  THE  DISCLOSURE  OF
WHICH WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVA-
CY;
  UNLESS THE PORTIONS CONTAINING SUCH MATTERS, INFORMATION, OR DATA HAVE
EXCISED.
  4. INFORMATION OBTAINED FOR COMMITTEES AND MEMBERS. SUBDIVISION ONE OF
THIS  SECTION  SHALL  APPLY  TO  ANY  INFORMATION,  DATA, ESTIMATES, AND
STATISTICS OBTAINED AT THE REQUEST OF ANY COMMITTEE,  OR  MEMBER  UNLESS
S. 3460                             6

SUCH  COMMITTEE  OR  MEMBER HAS INSTRUCTED THE DIRECTOR NOT TO MAKE SUCH
INFORMATION, DATA, ESTIMATES, OR STATISTICS AVAILABLE FOR  PUBLIC  COPY-
ING.
  5. LEVEL OF CONFIDENTIALITY.  WITH RESPECT TO INFORMATION, DATA, ESTI-
MATES,  AND  STATISTICS OBTAINED UNDER SECTION SEVENTY-SIX OF THIS ARTI-
CLE, THE DIRECTOR SHALL MAINTAIN THE SAME LEVEL OF CONFIDENTIALITY AS IS
REQUIRED BY LAW OF THE DEPARTMENT, AGENCY, DIVISION, OFFICE,  COMMISSION
OR PUBLIC AUTHORITY FROM WHICH IT IS OBTAINED. OFFICERS AND EMPLOYEES OF
THE  OFFICE  SHALL  BE SUBJECT TO THE SAME STATUTORY PENALTIES FOR UNAU-
THORIZED DISCLOSURE OR USE AS OFFICERS OR EMPLOYEES OF  THE  DEPARTMENT,
AGENCY,  DIVISION,  OFFICE, COMMISSION OR PUBLIC AUTHORITY FROM WHICH IT
IS OBTAINED.
  S 79. ANNUAL REPORT. 1.  THE OFFICE SHALL SUBMIT AN ANNUAL  REPORT  TO
THE  TEMPORARY  PRESIDENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
WHICH SHALL INCLUDE:
  (A) DOCUMENTATION OF FISCAL POLICIES OF THE  STATE,  INCLUDING  BUDGET
AUTHORITY;
  (B)  WRITTEN  ESTIMATES  OF  ANTICIPATED  STATE REVENUES FOR BUDGETARY
PURPOSES;
  (C) PROJECTED ECONOMIC FACTORS AND FORECASTS; AND
  (D) SUMMARIZATION OF THE BUDGET PROPOSED BY THE GOVERNOR  PURSUANT  TO
ARTICLE SEVEN OF THE CONSTITUTION.
  2.  SUCH REPORT SHALL BE SUBMITTED ON THE FIRST OF MARCH EACH YEAR FOR
THE NEXT SUCCEEDING FISCAL YEAR. AFTER SUBMISSION TO THE TEMPORARY PRES-
IDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, SUCH  REPORT  SHALL
BE MADE AVAILABLE TO THE PUBLIC, UPON REQUEST.
  S 2. This act shall take effect immediately.