Bill S4005B-2013

Establishes the New York state independent budget office

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.

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  • Feb 19, 2014: PRINT NUMBER 4005B
  • Feb 19, 2014: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Feb 10, 2014: PRINT NUMBER 4005A
  • Feb 10, 2014: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Mar 4, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S4005B

TITLE OF BILL: An act to amend the legislative law, in relation to establishing the New York state independent budget office

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to establish a New York State Independent Budget Office to provide objective, non-partisan analyses of State revenues, expenditures and management practices.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Adds a new article 4-B to the Legislative Law titled NEW YORK STATE INDEPENDENT BUDGET OFFICE

Duties of the NYSIBO shall include providing members and committees of the legislature information with respect to:

*the budget, appropriation bills and bills with fiscal implications; *estimated revenues and receipts, and changing revenue conditions; *the effectiveness of sate agencies and programs; and *the extent practicable, other analyses requested by such officials or the general public.

Specific responsibilities of the NYSIBO will include:

*completing a fiscal impact statement for any bill placed on an Assembly Ways and Means or Senate Finance Committee agenda to the extent possible; *completing a fiscal impact statement on any bill at the request of the Speaker or Minority Leader of the Assembly or the Majority or Minority Leader of the Senate; *completing a fiscal impact statement at the request of committee chairs or ranking members for any bill referred to their respective committee; *analyzing the Executive Budget by IVIarch 1st for the upcoming fiscal year and reporting their findings to the Assembly Ways and Means Committee and Senate Finance Committee; *completing a fiscal impact statement at the request of committee chairs or ranking members for any bill referred to their respective committee; *publishing a quarterly report that estimates revenue projections; and *publishing a report by DecemberÖreach year projecting a five year fiscal outlook.

The office shall, the extent practicable, develop proposals for cost effective alternatives to meet the public responsibilities of the State. The office shall publish reports to enhance understanding of budget documents, revenues, expenditures, state management practices and related matters. All analyses and reports shall be made available for the public and shall be available electronically.

The director of the NYSIBO shall be appointed by the Speaker of the Assembly and Majority Leader of the Senate, based on the recommendations of the Independent Budget Office Advisory Committee

(NYSIBOAC). The NYSIBOAC shall consist of one person appointed by each of the following officials:

*the chair and ranking member of the Assembly Ways and Means Committee; *the chair and ranking member of the Senate Finance Committee; *six additional members jointly appointed by the Speaker of the Assembly and the Majority Leader of the Senate. These members must consist of at least one of each of the following: *one expert in budget theory and the budget process; *one dean (or former) 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 or 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.

The NYSIBOAC shall develop guidelines for the best practices of the office and shall meet annually with the director to review the guidelines.

The member of the NYSIBOAC shall receive no compensation but shall be reimbursed for reasonably expenses incurred in connection with their duties. The director shall be appointed without regard to political affiliation for a six year term. The director's salary shall be determined by the NYSIBOAC.

JUSTIFICATION:

Modeled after the highly successful Congressional Budget Office and the New York City Independent Budget office, this legislation establishes a non-partisan office to provide legislators with the objective information they need to make decisions regarding the budget. Accurate, up-to-date information is a key ingredient for prudent, timely budgetary and public policy decisions. This newly created office will provide that to all State lawmakers. Each year the Independent Budget NYSIBO will provide the Senate Finance Committee members and the Assembly Ways and Means Committee members with an Executive Budget analyses by March 1st. This provides ample time to review the analyses before the budget deadline of April 1st.

New York City's Independent Budget has recently published reports on issues including Budget Options for the City, Financing Plans for Stadiums, Debt Affordability Measures for the City and the Metropolitan Transportation Authority's Budget in Staten Island. As in New York City, the NYSIBO will provide legislators and the public with financial information covering varying issues.

All legislators, regardless of political affiliation will be able to utilize the services of the NYSIBO. As this will be a non-partisan office, Senate and Assembly Members will have access to the same data, analyses and information thereby helping to eliminate the annual conflicts that emerge over the disparities in both revenue and expenditures projections. This will result in an on-time budget based on sound fiscal policy.

All documentation from this office will be made available to the public in order to grant the public access to the same information as the legislature. At least 23 other states including California, Texas, Florida, Connecticut and Vermont have already established non-partisan budget offices to assist their Legislatures.

PRIOR LEGISLATIVE HISTORY:

A. 7184 of 2011/2012 A. 5925 and S. 3137 of 2009/2010 A. 7645 and S. 4618 of 2007/2008 A. 11196 and S. 7872 of 2005/2006

FISCAL IMPLICATIONS:

The New York State Independent Budget Office shall be funded by 10% of the appropriations available for the Division Budget.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4005--B 2013-2014 Regular Sessions IN SENATE 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 -- 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: 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 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 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 OF THE SECOND YEAR FOLLOWING THE ENACTMENT OF THIS ARTICLE 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 OF THE SECOND YEAR FOLLOWING THE ENACTMENT OF THIS ARTICLE AND SUCH INITIAL DIRECTOR SHALL TAKE OFFICE BEGINNING APRIL FIRST OF THE SECOND YEAR FOLLOWING THE ENACTMENT OF THIS ARTICLE. 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) ONE PERSON APPOINTED BY EACH OF THE FOLLOWING OFFI- CIALS AND WHO SHALL SERVE AT THE PLEASURE OF SUCH OFFICIALS; THE CHAIR AND RANKING MEMBER OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE CHAIR AND RANKING MEMBER OF THE SENATE FINANCE COMMITTEE, AND (II) SIX OTHER MEMBERS JOINTLY APPOINTED BY THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE, WHO SHALL SERVE FOR SIX YEAR TERMS, PROVIDED, HOWEVER THAT OF THE MEMBERS FIRST APPOINTED, TWO SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST, OF THE SECOND YEAR FOLLOWING THE ENACTMENT OF THIS ARTICLE; TWO SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST, OF THE FOURTH YEAR FOLLOWING THE ENACTMENT OF THIS ARTICLE; AND TWO SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST, OF THE SIXTH YEAR FOLLOWING THE ENACTMENT OF THIS ARTICLE. THE MEMBERS SHALL ALL BE INDIVIDUALS WITH EXTENSIVE EXPERIENCE AND KNOWLEDGE IN THE FIELDS OF FINANCE, ECONOMICS, ACCOUNTING, 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 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 INDIVID- UAL 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, OF THE SIXTH YEAR FOLLOWING THE ENACTMENT OF THIS ARTICLE 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 DIRECTOR SHALL SERVE MORE THAN TWO TERMS CONSEC- UTIVELY. 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, 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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