Provides for creation of a non-partisan legislative budget office to perform budget analysis to determine the funding levels necessary to the operation of governmental departments and programs and render anticipated revenue estimates for each fiscal year, examine and review all financial information of the state for the purpose of rendering revenue estimates used in determining whether the proposed state budget is balanced, be charged with the duty of rendering anticipated revenue forecast reports to the legislature and the governor for the purposes of facilitating passage of the state budget in a timely manner, provide assistance in determining the fiscal impact of proposed legislation, and submit to the state legislature written estimates of anticipated state revenues on January 15, April 15, July 15 and October 15 of each year.
TITLE OF BILL: An act to amend the legislative law, in relation to creation of the legislative budget office
PURPOSE OR GENERAL IDEA OF BILL: Allows for a non-partisan budget office to be established. This office would be similar to that of the U.S. Congressional Budget Office that would perform budget analysis for both Houses of the State Legislature.
SUMMARY OF SPECIFIC PROVISIONS: The legislative law is amended by adding a new article 5-c.
JUSTIFICATION: One of the reasons for delay in meeting state budget deadlines is that the Assembly, the Senate, and the Governor each have their own fiscal staffs which, more often than not, disagree on state revenue estimates for the upcoming fiscal year. In recent years, these disagreements in state budget revenue estimates have stalled budget negotiations because money cannot be accurately allocated to different state agencies and among state programs when there is no agreed upon estimate of anticipated revenue.
The establishment of a Legislative Budget office should help to eliminate the partisan effect of the Senate and the Assembly fiscal staffs and ensure that both houses are using the same set of numbers. Because the office would be non-partisan, estimates developed would be based on economic reality - not political expediency. The use of the U.S. congressional Budget Office has helped to alleviate at least some of the delays that have occurred in negotiating the Federal budget. It is hoped that this bill could do the same for the State Budget.
PRIOR LEGISLATIVE HISTORY: A.3953 of 2001-2002 A.572 of 2003-2004 A.1003 of 2005-2006 A.2675 of 2007-2008 S.6233 of 2009-2010 - Referred to Investigations & Government Operations
FISCAL IMPLICATIONS: Would not require additional funding because the money currently being spent for budget analysis for Senate Finance and Assembly Ways and Means committee could be used.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK ________________________________________________________________________ 611 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the legislative law, in relation to creation of the 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 5-C to read as follows: ARTICLE 5-C LEGISLATIVE BUDGET OFFICE SECTION 88-K. NON-PARTISAN LEGISLATIVE BUDGET OFFICE. 88-L. POWERS AND DUTIES OF THE NON-PARTISAN LEGISLATIVE BUDGET OFFICE. S 88-K. NON-PARTISAN LEGISLATIVE BUDGET OFFICE. THERE IS HEREBY CREATED A NON-PARTISAN LEGISLATIVE BUDGET OFFICE. S 88-L. POWERS AND DUTIES OF THE NON-PARTISAN LEGISLATIVE BUDGET OFFICE. 1. THE NON-PARTISAN LEGISLATIVE BUDGET OFFICE SHALL PERFORM BUDGET ANALYSIS TO DETERMINE THE FUNDING LEVELS NECESSARY TO THE OPERA- TION OF GOVERNMENTAL DEPARTMENTS AND PROGRAMS AND RENDER ANTICIPATED REVENUE ESTIMATES FOR EACH FISCAL YEAR. SUCH REVENUE ESTIMATES SHALL BE USED EXCLUSIVELY FOR PURPOSES OF DETERMINING BUDGET EXPENDITURES. 2. THE DIRECTOR OF THE NON-PARTISAN LEGISLATIVE BUDGET OFFICE SHALL EXAMINE AND REVIEW ALL FINANCIAL INFORMATION OF THE STATE FOR THE PURPOSE OF RENDERING REVENUE ESTIMATES USED IN DETERMINING WHETHER THE PROPOSED STATE BUDGET IS BALANCED. 3. THE NON-PARTISAN LEGISLATIVE BUDGET OFFICE SHALL BE HEADED BY A DIRECTOR WHO SHALL BE APPOINTED BY A JOINT RESOLUTION OF THE SENATE AND ASSEMBLY FOR A TERM OF FIVE YEARS. HE OR SHE SHALL DEVOTE HIS OR HER FULL TIME AND EFFORT TO THE OFFICE OF DIRECTOR AND HE OR SHE SHALL HOLDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04910-01-1 S. 611 2
NO OTHER PUBLIC OFFICE. THE DIRECTOR SHALL RECEIVE SUCH COMPENSATION AS MAY BE FIXED BY THE OFFICE. THE DIRECTOR MAY APPOINT BUDGET ANALYSTS, ASSISTANTS AND SUCH OTHER EMPLOYEES AS HE OR SHE MAY DEEM NECESSARY OR DESIRABLE, PRESCRIBE THEIR DUTIES AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS APPROPRIATED AND MADE AVAILABLE THEREFOR. 4. THE NON-PARTISAN LEGISLATIVE BUDGET OFFICE SHALL BE CHARGED WITH THE DUTY OF RENDERING ANTICIPATED REVENUE FORECAST REPORTS TO THE LEGIS- LATURE AND THE GOVERNOR FOR THE PURPOSES OF FACILITATING PASSAGE OF THE STATE BUDGET IN A TIMELY MANNER. THE DIRECTOR MAY REQUEST AND SHALL RECEIVE FROM ALL PUBLIC OFFICERS, DEPARTMENTS, AGENCIES AND AUTHORITIES OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SUCH ASSISTANCE AND DATA AS SHALL BE NECESSARY TO PROJECT ANTICIPATED STATE REVENUES FOR BUDGETARY PURPOSES. 5. THE NON-PARTISAN LEGISLATIVE BUDGET OFFICE SHALL PROVIDE ASSISTANCE IN DETERMINING THE FISCAL IMPACT OF PROPOSED LEGISLATION. 6. THE NON-PARTISAN LEGISLATIVE BUDGET OFFICE SHALL SUBMIT TO THE LEGISLATURE WRITTEN ESTIMATES OF ANTICIPATED STATE REVENUES ON JANUARY FIFTEENTH, APRIL FIFTEENTH, JULY FIFTEENTH AND OCTOBER FIFTEENTH OF EACH YEAR. S 2. This act shall take effect immediately.