S T A T E   O F   N E W   Y O R K
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                                  6115

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2013
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, QUART -- read once and referred to
  the Committee on Governmental Operations

AN ACT to amend the legislative law, in  relation  to  establishing  the
  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
                        INDEPENDENT BUDGET OFFICE
SECTION 75. POWERS AND DUTIES OF THE INDEPENDENT BUDGET OFFICE.
        76. DIRECTOR OF THE INDEPENDENT BUDGET OFFICE.
  S  75. POWERS AND DUTIES OF THE INDEPENDENT BUDGET OFFICE. THERE SHALL
HEREBY BE ESTABLISHED AN INDEPENDENT BUDGET OFFICE.  1. IT SHALL BE  THE
DUTY OF THE INDEPENDENT BUDGET OFFICE TO PROVIDE THE MEMBERS AND COMMIT-
TEES  OF  THE  LEGISLATURE WITH INFORMATION WHICH WILL ASSIST SUCH OFFI-
CIALS 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
THE CHAIR OF THE SENATE FINANCE COMMITTEE REGARDING THE BUDGET, REVENUES
AND EXPENDITURES SHALL RECEIVE PRIORITY ATTENTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09705-01-3

              

A. 6115                             2

  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 INDEPENDENT BUDGET OFFICE. 1. THE INDEPENDENT
BUDGET OFFICE SHALL BE  HEADED  BY  A  DIRECTOR  WHO  SHALL  BE  JOINTLY
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 FOURTEEN TO THE COMMITTEE. SUBSEQUENT RECOMMENDATIONS SHALL  BE
MADE BETWEEN JANUARY SECOND AND JANUARY FIFTEENTH EVERY SIXTH YEAR THER-
EAFTER.  THE  COMMITTEE SHALL APPOINT THE INITIAL DIRECTOR NO LATER THAN
FEBRUARY FIFTEENTH, TWO THOUSAND  FOURTEEN  AND  SUCH  INITIAL  DIRECTOR
SHALL  TAKE  OFFICE BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN. SUBSE-
QUENT 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 MINORITY MEMBER OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE AND THE CHAIR AND RANKING  MINORITY  MEMBER  OF
THE  SENATE  FINANCE  COMMITTEE  OR  THEIR DESIGNEES; (II) THREE MEMBERS

A. 6115                             3

APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (III) THREE MEMBERS  APPOINTED
BY THE TEMPORARY PRESIDENT 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 EXPIRING ON MARCH THIRTY-FIRST, TWO  THOUSAND  SIXTEEN;  THREE
SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST, TWO THOUSAND EIGH-
TEEN;  AND  THREE  SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST,
TWO THOUSAND TWENTY. THE MEMBERS SHALL ALL BE INDIVIDUALS WITH EXTENSIVE
EXPERIENCE AND KNOWLEDGE IN THE FIELDS OF FINANCE,  ECONOMICS,  ACCOUNT-
ING, PUBLIC ADMINISTRATION 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 THE 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 TWENTY, 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 JOINTLY APPOINTED BY THE  SPEAKER  OF  THE
ASSEMBLY  AND THE TEMPORARY PRESIDENT OF THE SENATE FOR THE SECOND TERM.
NO DIRECTOR 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-
TIES  AND  PUBLIC  WORKS  OF  THE STATE AND THEY MAY, FOR THE PURPOSE OF
OBTAINING INFORMATION AS TO THE METHOD OF OPERATION, GENERAL  CONDITION,

A. 6115                             4

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.