Bill Text: NY S03287 | 2019-2020 | General Assembly | Introduced

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Bill Title: Creates the non-partisan legislative budget office; directs such office shall provide information to legislative committees of the senate and assembly with respect to the state budget, appropriation bills and other bills providing budget authority or tax expenditures; requires such office to report to the temporary president of the senate, the senate minority leader, the speaker of the assembly and the assembly minority leader.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2020-01-28 - REPORTED AND COMMITTED TO FINANCE [S03287 Detail]

Download: New_York-2019-S03287-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3287
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 5, 2019
                                       ___________
        Introduced  by Sens. KRUEGER, HOYLMAN, LIU, MONTGOMERY -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Ethics and Internal Governance
        AN  ACT  to  amend  the  legislative law, in relation to creation of the
          non-partisan legislative 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                   NON-PARTISAN LEGISLATIVE BUDGET OFFICE
     5  Section 76. Non-partisan legislative budget office.
     6          77. Powers and duties of the office; report.
     7    § 76. Non-partisan legislative budget office. 1. For purposes of  this
     8  article:
     9    a.  "Office"  means  the non-partisan legislative budget office estab-
    10  lished in this article; and
    11    b. "Director" means the director of the non-partisan legislative budg-
    12  et office.
    13    c. "Super-majority vote" means a  vote  requiring  two-thirds  of  the
    14  members elected to each branch of the legislature.
    15    2.  There  is hereby created a non-partisan legislative budget office.
    16  The head of such office shall be the director who shall be appointed  by
    17  a joint resolution requiring a super-majority vote of both of the senate
    18  and  assembly for a term of seven years.  The temporary president of the
    19  senate and speaker of the assembly,  in  consultation  with  the  senate
    20  minority  leader and assembly minority leader shall reach a consensus on
    21  a candidate for the director position on which the senate  and  assembly
    22  shall  vote.  The  director  of  the  legislative budget office shall be
    23  appointed without regard to political  affiliation  and  solely  on  the
    24  basis of fitness to perform the duties assigned by this article.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05847-01-9
        S. 3287                             2
     1    3.  A deputy director shall be appointed by the director. Any individ-
     2  ual appointed as director to fill a vacancy prior to the expiration of a
     3  term shall serve only for the unexpired portion of that term. Any  indi-
     4  vidual serving as director at the expiration of the term may continue to
     5  serve  until  his  or  her successor is appointed.   Any deputy director
     6  shall serve until the expiration of the term of office of  the  director
     7  who  appointed  him or her, and until his or her successor is appointed,
     8  unless sooner removed by the director.
     9    4.  The director shall hold no other public office  while  serving  as
    10  the  director.  The  director  shall receive such compensation as may be
    11  fixed by the legislature.
    12    5. The director may be removed by either the assembly or the senate by
    13  resolution requiring a two-thirds vote of the members elected to  either
    14  branch of the legislature.
    15    § 77. Powers and duties of the office; report. 1. a. The office shall:
    16    (i)  provide  information  to the legislative committees of the senate
    17  and assembly  with  respect  to  the  state  budget,  appropriation  and
    18  programmatic  bills  and  other  bills providing budget authority or tax
    19  expenditures;
    20    (ii) examine and review all financial and programmatic information  of
    21  the  state for the purpose of rendering revenue estimates used in deter-
    22  mining whether any proposed state budget is balanced;
    23    (iii) be charged with the duty of rendering anticipated revenue  fore-
    24  cast  reports  to  the  legislature and the governor for the purposes of
    25  facilitating passage of the state budget in a timely manner; and
    26    (iv) provide assistance in determining the fiscal impact  of  proposed
    27  legislation at the request of a member of the senate and assembly.
    28    b.  The  director  shall  develop, in consultation with the chairs and
    29  ranking members of the senate standing  committee  on  finance  and  the
    30  assembly  ways  and  means  committee,  a priority system for processing
    31  requests from legislators for fiscal impact statements for their  legis-
    32  lation.
    33    c.  The  director shall provide all members of the senate and assembly
    34  with a description of the priority system for processing  requests  from
    35  legislators for fiscal impact statements for their legislation.
    36    2.  At  the  request  of  any committee chair or ranking member of the
    37  senate or assembly, to the extent practicable,  the  legislative  budget
    38  office shall provide to such committee any information which will assist
    39  in the discharge of matters within the jurisdiction of such committee.
    40    3. The director may appoint budget analysts, assistants and such other
    41  employees  as  he or she may deem necessary or desirable, prescribe such
    42  employee's duties  and  fix  such  employee's  compensation  within  the
    43  amounts appropriated and made available therefor.
    44    4.  a.  The office shall submit a report to the temporary president of
    45  the senate, senate minority leader, the  speaker  of  the  assembly  and
    46  assembly minority leader, which shall include:
    47    (i)  written  estimates  of  anticipated  state revenues for budgetary
    48  purposes;
    49    (ii) projected economic factors and forecasts;
    50    (iii) summarization of the budget proposed by the governor pursuant to
    51  article seven of the constitution; and
    52    (iv) revenue sources that could be used  as  alternatives  to  revenue
    53  sources outlined in the executive budget.
    54    b.  Such report shall be submitted on the first of March each year for
    55  the next succeeding fiscal year. After submission to the temporary pres-
    56  ident of the senate, senate minority leader, the speaker of the assembly
        S. 3287                             3
     1  and assembly minority leader, such report shall be made available to the
     2  public, upon request.
     3    5.  a.  The legislative budget office shall be funded from legislative
     4  appropriations provided annually, with equal allocations provided by the
     5  senate and the assembly as each house deems appropriate.
     6    b. The director may procure, within the amounts appropriated and  made
     7  available  therefor,  up-to-date computer equipment, obtain the services
     8  of experts and consultants in computer technology.
     9    § 2. Section 30 of the legislative law, as amended by chapter  766  of
    10  the laws of 2005, is amended to read as follows:
    11    § 30. Duties  of finance and ways and means committees and secretaries
    12  and of the legislative budget office and its director.   The  committees
    13  and  their  secretaries  and  of  the  legislative budget office and its
    14  director shall have access at all reasonable times to offices  of  state
    15  departments,  commissions,  boards, bureaus and offices, to institutions
    16  and to all state authorities and public works of the state and they may,
    17  for the purpose of obtaining information as to the method of  operation,
    18  general  condition,  management  and  needs  thereof, examine the books,
    19  papers and public records therein.  Notwithstanding any other  provision
    20  of  law  such  state departments, commissions, boards, bureaus, offices,
    21  state authorities and institutions shall through their  proper  officers
    22  or deputies furnish to such committees and the legislative budget office
    23  such  data, information or statements as may be necessary for the proper
    24  exercise of their powers and duties and for the purpose of carrying into
    25  effect the provisions of this article. The finance and  ways  and  means
    26  committee  in exercising the powers and performing the duties prescribed
    27  by this article may act jointly, or separately, as they deem advisable.
    28    § 3. This act shall take effect immediately.