Bill Text: NY A05717 | 2015-2016 | General Assembly | Introduced

---

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: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A05717 Detail]

Download: New_York-2015-A05717-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5717
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 3, 2015
                                      ___________
       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Governmental Operations
       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    S 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.
                                                                  LBD00239-01-5
       A. 5717                             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    S 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
       A. 5717                             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    S 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    S 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    S 3. This act shall take effect immediately.