S T A T E   O F   N E W   Y O R K
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                                  5925

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by  M.  of  A. GALEF, DESTITO, JOHN, BRADLEY, FIELDS, RAMOS,
  ENGLEBRIGHT, SCHIMMINGER, FINCH, BALL, ALFANO, CALHOUN, CORWIN,  KOLB,
  MOLINARO  --  Multi-Sponsored  by  -- M. of A. ALESSI, BARRA, BOYLAND,
  BURLING, CHRISTENSEN, CLARK, COLTON, CONTE, DelMONTE, DUPREY,  ERRIGO,
  GIGLIO, GOTTFRIED, GUNTHER, LATIMER, LIFTON, LUPARDO, MAYERSOHN, McDO-
  NOUGH,  MILLER,  MILLMAN,  PAULIN,  PHEFFER,  QUINN, SAYWARD, SCHIMEL,
  THIELE, TOWNSEND, WALKER -- 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:

  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01673-01-9

              

A. 5925                             2

  (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, TWO THOUSAND TEN TO THE SPECIAL COMMITTEE. SUBSEQUENT  RECOM-
MENDATIONS  SHALL  BE  MADE BETWEEN JANUARY SECOND AND JANUARY FIFTEENTH
EVERY SIXTH YEAR THEREAFTER. THE SPECIAL  COMMITTEE  SHALL  APPOINT  THE

A. 5925                             3

INITIAL  DIRECTOR NO LATER THAN FEBRUARY FIFTEENTH, TWO THOUSAND TEN AND
SUCH INITIAL DIRECTOR SHALL TAKE OFFICE BEGINNING APRIL FIRST, TWO THOU-
SAND TEN. 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, TWO THOUSAND TWELVE; TWO SHALL
SERVE  FOR  TERMS EXPIRING ON MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN;
AND TWO SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST, TWO  THOU-
SAND  SIXTEEN. THE MEMBERS SHALL ALL BE INDIVIDUALS WITH EXTENSIVE EXPE-
RIENCE 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 INDIVIDUAL 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,  TWO  THOUSAND  SIXTEEN, 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 DIREC-
TOR SHALL SERVE MORE THAN TWO TERMS CONSECUTIVELY.
  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

A. 5925                             4

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.