Bill Text: NY A06531 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-03-11 - referred to governmental operations [A06531 Detail]

Download: New_York-2019-A06531-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6531
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 11, 2019
                                       ___________
        Introduced by M. of A. GALEF, WOERNER, RAIA, FINCH -- Multi-Sponsored by
          --  M.  of A.  BARCLAY, GOTTFRIED, THIELE -- 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:
     1    Section  1. The legislative law is amended by adding a new article 4-B
     2  to read as follows:
     3                                  ARTICLE 4-B
     4                  NEW YORK STATE INDEPENDENT BUDGET OFFICE
     5  Section 75. Powers and duties of the New York state  independent  budget
     6                office.
     7          76. Director of the New York state independent budget office.
     8    §  75.  Powers  and  duties  of  the New York state independent budget
     9  office. There shall hereby be established a New York  state  independent
    10  budget  office.  1. It shall be the duty of the New York state independ-
    11  ent budget office to provide the members and committees of the  legisla-
    12  ture with information which will assist such officials and bodies in the
    13  discharge  of  their responsibilities which are related to the budgetary
    14  process including:
    15    (a) information with respect to the budget, appropriations  bills  and
    16  proposed laws with fiscal implications;
    17    (b)  information  with respect to estimated revenues and receipts, and
    18  changing revenue conditions;
    19    (c) information with respect to the performance and  effectiveness  of
    20  state agencies and programs; and
    21    (d)  to  the extent practicable, such other information or analyses as
    22  may be requested by such officials and bodies, and the general public.
    23    Requests made by the speaker of the assembly, the temporary  president
    24  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.
                                                                   LBD06988-01-9

        A. 6531                             2
     1  the chair of the senate finance committee regarding the budget, revenues
     2  and expenditures shall receive priority attention.
     3    2.    The  independent  budget  office  shall complete a fiscal impact
     4  statement: (a) for any bill being considered on  an  assembly  ways  and
     5  means  committee  agenda  or  a  senate finance committee agenda, to the
     6  extent possible; (b) for any bill at  the  request  of  the  speaker  or
     7  minority  leader  of the assembly or the temporary president or minority
     8  leader of the senate; and (c) at the request of  a  committee  chair  or
     9  ranking  member of a committee for any bill referred to their respective
    10  committee.  Fiscal impact statements shall estimate the impact on  state
    11  revenues or expenditures.
    12    3.    The  independent  budget  office shall submit an analysis of the
    13  executive budget by March first of each  year  to  the  members  of  the
    14  assembly  ways and means committee and the senate finance committee, and
    15  make copies of such analysis available  to  all  other  members  of  the
    16  legislature and all other individuals, upon request.
    17    4.  The  independent  budget  office shall, to the extent practicable,
    18  develop proposals for cost effective alternative approaches to meet  the
    19  public responsibilities of the state.
    20    5.  The  independent budget office shall publish a report with respect
    21  to the expected levels of state revenues by the first  day  of  January,
    22  the first day of April, the first day of July and the first day of Octo-
    23  ber of each year.
    24    6.  The  independent  budget office shall publish by December first of
    25  each year a report analyzing the fiscal outlook of  the  state  for  the
    26  next five years.
    27    7.  The  independent  budget  office shall, from time to time, publish
    28  such reports as may be appropriate to enhance the  official  and  public
    29  understanding of the budgetary process and of the budget documents. Such
    30  office  shall,  from time to time, publish such reports as may be neces-
    31  sary or appropriate to provide such information, data  and  analysis  as
    32  will  enhance  official  and public understanding of matters relating to
    33  state revenues, expenditures, management practices and related matters.
    34    8. The independent  budget  office  may  procure  up-to-date  computer
    35  equipment,  obtain  the  services of experts and consultants in computer
    36  technology, and develop techniques for the evaluation of revenue projec-
    37  tions and budgetary requirements.
    38    9. All information, data, estimates and statistics,  and  all  studies
    39  and  reports  prepared  by  the  independent budget office shall be made
    40  available to the public and shall also be made available  by  electronic
    41  means over the internet.
    42    §  76.    Director of the New York state independent budget office. 1.
    43  The New York state independent budget office shall be headed by a direc-
    44  tor who shall be appointed, upon the recommendations of  an  independent
    45  budget office advisory committee, by the speaker of the assembly and the
    46  temporary  president  of the senate. The recommendations for the initial
    47  appointment of such  director  shall  be  made  no  later  than  January
    48  fifteenth  of the second year following the enactment of this article to
    49  the special committee. Subsequent recommendations shall be made  between
    50  January  second  and  January fifteenth every sixth year thereafter. The
    51  special committee shall appoint  the  initial  director  no  later  than
    52  February  fifteenth  of  the second year following the enactment of this
    53  article and such initial director  shall  take  office  beginning  April
    54  first  of  the  second  year  following  the  enactment of this article.
    55  Subsequent appointments shall be made no later than  February  fifteenth
    56  every sixth year thereafter.

        A. 6531                             3
     1    2.  (a) There shall be an independent budget office advisory committee
     2  consisting of (i) one person appointed by each of  the  following  offi-
     3  cials  and  who shall serve at the pleasure of such officials; the chair
     4  and ranking member of the assembly ways  and  means  committee  and  the
     5  chair  and  ranking member of the senate finance committee, and (ii) six
     6  other members jointly appointed by the speaker of the assembly  and  the
     7  temporary  president  of the senate, who shall serve for six year terms,
     8  provided, however that of the members first appointed, two  shall  serve
     9  for  terms  expiring on March thirty-first, of the second year following
    10  the enactment of this article; two shall serve  for  terms  expiring  on
    11  March  thirty-first,  of the fourth year following the enactment of this
    12  article; and two shall serve for terms expiring on  March  thirty-first,
    13  of  the  sixth year following the enactment of this article. The members
    14  shall all be individuals with extensive experience and knowledge in  the
    15  fields  of  finance,  economics,  accounting,  public administration and
    16  public policy analysis including  at  least  one  nationally  recognized
    17  expert  in  the fields of budget theory and the budget process; one dean
    18  or director or former dean or director of a graduate school of  business
    19  administration,  public  affairs or public administration located in New
    20  York state; one officer or former officer or economic advisor of a labor
    21  union; one officer or former officer or economic advisor to  a  business
    22  corporation;  and  one  officer  or  former officer of a civic or public
    23  interest advocacy organization involved in budget matters.  No  individ-
    24  ual shall serve consecutive terms.
    25    (b)  The  independent  budget  office advisory committee shall develop
    26  guidelines for the best practices of the independent budget office.  The
    27  independent  budget  office  advisory committee shall meet annually with
    28  the director  to  review  such  guidelines  and  to  make  comments  and
    29  suggestions on the overall practices of the office.
    30    (c)  Members  of  the advisory committee shall receive no compensation
    31  but shall be reimbursed for reasonable expenses incurred  in  connection
    32  with their duties.
    33    3.  The  director  of the independent budget office shall be appointed
    34  without regard to political affiliation  and  solely  on  the  basis  of
    35  fitness  to  perform  the  duties  assigned by this article. The term of
    36  office  of  the  director  first  appointed  shall  expire  on  February
    37  fifteenth, of the sixth year following the enactment of this article and
    38  the  terms of office of directors subsequently appointed shall expire on
    39  such date in each sixth year thereafter.  Any  individual  appointed  to
    40  fill  a  vacancy  prior to the expiration of a term shall serve only for
    41  the unexpired portion of such term. An individual serving as director at
    42  the expiration of the term may continue to serve until  a  successor  is
    43  appointed.   Any director serving consecutive terms shall be recommended
    44  by the independent budget office advisory committee and appointed by the
    45  speaker of the assembly and the temporary president of  the  senate  for
    46  the  second  term.  No  director shall serve more than two terms consec-
    47  utively.
    48    4. Ten percent of the appropriations made to the division of the budg-
    49  et shall be available to pay for the expenses of the independent  budget
    50  office  during  each  fiscal  year beginning with the first day of April
    51  after this section shall have become a law. The director  of  the  inde-
    52  pendent  budget  office  shall  appoint  such  personnel and procure the
    53  services of such experts  and  consultants,  within  the  appropriations
    54  available  therefor,  as may be necessary for such director to carry out
    55  the duties and functions  assigned  pursuant  to  this  article.    Such

        A. 6531                             4
     1  personnel  and  experts  shall perform such duties as may be assigned to
     2  them by the director.
     3    5.  The director of the independent budget office shall have access at
     4  all reasonable times  to  offices  of  state  departments,  commissions,
     5  boards,  bureaus  and offices, to institutions and to all state authori-
     6  ties and public works of the state and they  may,  for  the  purpose  of
     7  obtaining  information as to the method of operation, general condition,
     8  management and needs thereof,  examine  the  books,  papers  and  public
     9  records  therein.  Notwithstanding any other provision of law such state
    10  departments, commissions, boards, bureaus,  offices,  state  authorities
    11  and  institutions  shall,  through  their  proper  officers or deputies,
    12  furnish to the director such data, information or statements as  may  be
    13  necessary  for  the  proper exercise of his or her powers and duties and
    14  for the purpose of carrying into effect the provisions of this article.
    15    6.  The independent budget office advisory committee  shall  determine
    16  the salary of the director of the independent budget office.
    17    § 2. This act shall take effect immediately.
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