NY State Senate Bill 2009-S3137

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to judiciary
Mar 11, 2009	referred to judiciary

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2009-S3137 (ACTIVE) - Details

See Assembly Version of this Bill:: A5925
Current Committee:: Senate Judiciary
Law Section:: Legislative Law
Laws Affected:: Add Art 4-B §§75 & 76, Leg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7285, A7184
2013-2014: S4005, A2007
2015-2016: S4468, A2830
2017-2018: S2325, A4444
2019-2020: S2029, A6531
2021-2022: S3818, A6677
2023-2024: S1834, A3724

2009-S3137 (ACTIVE) - Summary

Creates the New York state independent budget office with a director to be appointed by a special committee composed of the assembly speaker and minority leader, the temporary president and minority leader of the senate, and the state comptroller, upon the recommendations of the assembly ways and means committee and the senate finance committee; 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.

2009-S3137 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3137

 TITLE OF BILL :
An act to amend the legislative law, in relation to establishing the
New York state independent budget office


 PURPOSE :
To establish a New York State Independent Budget Office to provide
objective, nonpartisan analyses of state revenues, expenditures and
management practices.

 SUMMARY OF PROVISIONS :
Adds a new article to the executive law to create and define the
powers and duties of the New York State Independent Budget Office
(NYSIBO). Duties of the independent budget office shall include
providing members and committees of the legislature information with
respect to:

* the budget, appropriation bills and bills with fiscal implications;
*estimated revenues and receipts, and changing revenue conditions;
*the effectiveness of state agencies and programs; and
*to the extent practicable, other analyses requested by such officials
or the general public.

Specific responsibilities of the Independent Budget Office will

include:

*completing a fiscal impact statement for any bill placed on an
Assembly Ways and Means or Senate Finance committee agenda, to the
extent possible;
*completing a fiscal impact statement on any bill at the request of
the Speaker or Minority Leader of the Assembly or the Majority or
Minority Leader of the Senate;
*completing a fiscal impact statement at the request of committee
chairs or ranking members for any bill referred to their respective
committee;
*analyzing the executive budget by March 1st for the upcoming fiscal
year and reporting their findings to the Assembly Ways and Means
committee and Senate Finance committee;
*completing a fiscal impact statement at the request of committee
chairs or ranking members for any bill referred to their respective
committee;
*publishing a quarterly report that estimates revenue projections; and
*publishing a report by December 15 of each year that projects the
fiscal outlook of the state for the next five years.

The office shall, to the extent practicable, develop proposals for
cost effective alternatives to meet the public responsibilities of the
state. The office shall publish reports to enhance understanding of
budget documents, revenues, expenditures, state management practices
and related matters. All analyses and reports shall be made available
for the public and shall be available electronically. The director of
the NYSIBO shall be appointed by the Majority Leader of the Senate and
the Speaker of the Assembly, based on the recommendations of a
independent budget office advisory committee. The independent budget
office advisory committee shall consist of one person appointed by
each of the following officials: the chair and ranking member of the
Senate Finance Committee, the chair and ranking member of the Assembly
Ways and Means Committee. Six other members of the advisory committee
shall be jointly appointed by the Majority Leader of the Senate and
the Speaker of the Assembly. The members appointed must include at
least one expert in budget theory; one dean (or former) of a graduate
school of business, public affairs or public administration in the
state; one officer (or former) of a labor union; one officer (or
former) of a business corporation; and one officer (or former) of a
civic organization involved in budget matters. The advisory committee
shall develop guidelines for the best practices of the office and
shall meet annually with the director to review the guidelines. The
director shall be appointed without regard to political affiliation
for six-year terms. The director's salary shall be determined by the
legislative budget office advisory committee.

 JUSTIFICATION :
Modeled after the highly successful Congressional Budget Office and
the New York City Independent Budget Office, this legislation
establishes a nonpartisan office to provide legislators with the
objective information they need to make decisions regarding the
budget. Accurate, up-to-date information is a key ingredient for
prudent, timely budgetary and public policy decisions. This newly
created office will provide that to all state lawmakers. Each year,
the Independent Budget Office will provide all members of the Senate
Finance Committee and the Assembly Ways and Means Committee with
analyses of the executive budget by March 1st. This provides ample
time for members to review the analyses before the budget deadline of
Apri1 1st. New York City's Independent Budget Office has recently
published reports on a wide range of issues including budget options
for the City, financing plans for stadiums, debt affordability
measures for the city and the Metropolitan Transportation Authority's
budget in Staten Island. As in New York City, the New York State
Independent Budget Office win provide legislators and the public with
financial information covering varying issues. All legislators,
regardless of political affiliation will be able to utilize the
services of the NYSIBO. As this win be a nonpartisan office, members
of the Senate and Assembly will have access to the same data, analyses
and information thereby helping to eliminate the yearly struggles that
emerge over the disparities in both revenue and expenditure
projections. This should in turn lead to an on-time budget based on
sound fiscal policy. All documentation from this office will be made
available to the public in order to grant the public access to the
same information as the legislature. At least 23 other states
including California, Texas, Florida, Connecticut and Vermont have
already established nonpartisan budget offices to assist their
legislatures.

 LEGISLATIVE HISTORY :
2008- Investigations Committee.

 FISCAL IMPLICATIONS :
The Independent Budget Office shall be funded by 10% of the
appropriations available for the Division of Budget.

 EFFECTIVE DATE :
Immediate.

2009-S3137 (ACTIVE) - Bill Text download pdf

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

                                  3137

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 11, 2009
                               ___________

Introduced  by  Sens.  GRIFFO,  ALESI,  BONACIC, GOLDEN, HANNON, LARKIN,
  LITTLE, MAZIARZ, MORAHAN, SALAND, SEWARD --  read  twice  and  ordered
  printed,  and when printed to be committed to the Committee on Judici-
  ary

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;
  (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.

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

S. 3137                             2

  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
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.

S. 3137                             3

  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
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,

S. 3137                             4

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.

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Senate Bill S3137

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2009-S3137 (ACTIVE) - Details

2009-S3137 (ACTIVE) - Summary

2009-S3137 (ACTIVE) - Sponsor Memo

2009-S3137 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3137

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2009-S3137 (ACTIVE) - Details

2009-S3137 (ACTIVE) - Summary

2009-S3137 (ACTIVE) - Sponsor Memo

2009-S3137 (ACTIVE) - Bill Text download pdf

Comments