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

                                   445

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. KRUEGER, MONTGOMERY, SERRANO, STAVISKY, VALESKY --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Investigations and Government 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:

  Section  1. The legislative law is amended by adding a new article 4-B
to read as follows:
                                ARTICLE 4-B
                 NON-PARTISAN LEGISLATIVE BUDGET OFFICE
SECTION 76. NON-PARTISAN LEGISLATIVE BUDGET OFFICE.
        77. POWERS AND DUTIES OF THE OFFICE; REPORT.
  S 76. NON-PARTISAN LEGISLATIVE BUDGET OFFICE. 1. FOR PURPOSES OF  THIS
ARTICLE:
  A.  "OFFICE"  MEANS  THE NON-PARTISAN LEGISLATIVE BUDGET OFFICE ESTAB-
LISHED IN THIS ARTICLE; AND
  B. "DIRECTOR" MEANS THE DIRECTOR OF THE NON-PARTISAN LEGISLATIVE BUDG-
ET OFFICE.
  C. "SUPER-MAJORITY VOTE" MEANS A  VOTE  REQUIRING  TWO-THIRDS  OF  THE
MEMBERS ELECTED TO EACH BRANCH OF THE LEGISLATURE.
  2.  THERE  IS HEREBY CREATED A NON-PARTISAN LEGISLATIVE BUDGET OFFICE.
THE HEAD OF SUCH OFFICE SHALL BE THE DIRECTOR WHO SHALL BE APPOINTED  BY
A JOINT RESOLUTION REQUIRING A SUPER-MAJORITY VOTE OF BOTH OF THE SENATE
AND  ASSEMBLY FOR A TERM OF SEVEN YEARS.  THE TEMPORARY PRESIDENT OF THE
SENATE AND SPEAKER OF THE ASSEMBLY,  IN  CONSULTATION  WITH  THE  SENATE
MINORITY  LEADER AND ASSEMBLY MINORITY LEADER SHALL REACH A CONSENSUS ON
A CANDIDATE FOR THE DIRECTOR POSITION ON WHICH THE SENATE  AND  ASSEMBLY
SHALL  VOTE.  THE  DIRECTOR  OF  THE  LEGISLATIVE BUDGET OFFICE SHALL BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00874-01-1
              

S. 445                              2

APPOINTED WITHOUT REGARD TO POLITICAL  AFFILIATION  AND  SOLELY  ON  THE
BASIS OF FITNESS TO PERFORM THE DUTIES ASSIGNED BY THIS ARTICLE.
  3.  A DEPUTY DIRECTOR SHALL BE APPOINTED BY THE DIRECTOR. ANY INDIVID-
UAL APPOINTED AS DIRECTOR TO FILL A VACANCY PRIOR TO THE EXPIRATION OF A
TERM SHALL SERVE ONLY FOR THE UNEXPIRED PORTION OF THAT TERM. ANY  INDI-
VIDUAL SERVING AS DIRECTOR AT THE EXPIRATION OF THE TERM MAY CONTINUE TO
SERVE  UNTIL  HIS  OR  HER SUCCESSOR IS APPOINTED.   ANY DEPUTY DIRECTOR
SHALL SERVE UNTIL THE EXPIRATION OF THE TERM OF OFFICE OF  THE  DIRECTOR
WHO  APPOINTED  HIM OR HER, AND UNTIL HIS OR HER SUCCESSOR IS APPOINTED,
UNLESS SOONER REMOVED BY THE DIRECTOR.
  4.  THE DIRECTOR SHALL HOLD NO OTHER PUBLIC OFFICE  WHILE  SERVING  AS
THE  DIRECTOR.  THE  DIRECTOR  SHALL RECEIVE SUCH COMPENSATION AS MAY BE
FIXED BY THE LEGISLATURE.
  5. THE DIRECTOR MAY BE REMOVED BY EITHER THE ASSEMBLY OR THE SENATE BY
RESOLUTION REQUIRING A TWO-THIRDS VOTE OF THE MEMBERS ELECTED TO  EITHER
BRANCH OF THE LEGISLATURE.
  S 77. POWERS AND DUTIES OF THE OFFICE; REPORT. 1. THE OFFICE SHALL:
  A. PROVIDE INFORMATION TO THE LEGISLATIVE COMMITTEES OF THE SENATE AND
ASSEMBLY WITH RESPECT TO THE STATE BUDGET, APPROPRIATION AND PROGRAMMAT-
IC BILLS AND OTHER BILLS PROVIDING BUDGET AUTHORITY OR TAX EXPENDITURES;
  B.  EXAMINE  AND  REVIEW ALL FINANCIAL AND PROGRAMMATIC INFORMATION OF
THE STATE FOR THE PURPOSE OF RENDERING REVENUE ESTIMATES USED IN  DETER-
MINING WHETHER ANY PROPOSED STATE BUDGET IS BALANCED;
  C.  BE CHARGED WITH THE DUTY OF RENDERING ANTICIPATED REVENUE FORECAST
REPORTS TO THE LEGISLATURE AND THE GOVERNOR FOR THE PURPOSES OF  FACILI-
TATING PASSAGE OF THE STATE BUDGET IN A TIMELY MANNER; AND
  D.  PROVIDE  ASSISTANCE  IN  DETERMINING THE FISCAL IMPACT OF PROPOSED
LEGISLATION AT THE REQUEST OF A MEMBER OF THE SENATE AND ASSEMBLY.
  E. THE DIRECTOR SHALL DEVELOP, IN CONSULTATION  WITH  THE  CHAIRS  AND
RANKING  MEMBERS  OF  THE  SENATE  STANDING COMMITTEE ON FINANCE AND THE
ASSEMBLY WAYS AND MEANS COMMITTEE,  A  PRIORITY  SYSTEM  FOR  PROCESSING
REQUESTS  FROM LEGISLATORS FOR FISCAL IMPACT STATEMENTS FOR THEIR LEGIS-
LATION.
  F. THE DIRECTOR SHALL PROVIDE ALL MEMBERS OF THE SENATE  AND  ASSEMBLY
WITH  A  DESCRIPTION OF THE PRIORITY SYSTEM FOR PROCESSING REQUESTS FROM
LEGISLATORS FOR FISCAL IMPACT STATEMENTS FOR THEIR LEGISLATION.
  2. AT THE REQUEST OF ANY COMMITTEE CHAIR  OR  RANKING  MEMBER  OF  THE
SENATE  OR  ASSEMBLY,  TO THE EXTENT PRACTICABLE, THE LEGISLATIVE BUDGET
OFFICE SHALL PROVIDE TO SUCH COMMITTEE ANY INFORMATION WHICH WILL ASSIST
IN THE DISCHARGE OF MATTERS WITHIN THE JURISDICTION OF SUCH COMMITTEE.
  3. THE DIRECTOR MAY APPOINT BUDGET ANALYSTS, ASSISTANTS AND SUCH OTHER
EMPLOYEES AS HE OR SHE MAY DEEM NECESSARY OR DESIRABLE,  PRESCRIBE  SUCH
EMPLOYEE'S  DUTIES  AND  FIX  SUCH  EMPLOYEE'S  COMPENSATION  WITHIN THE
AMOUNTS APPROPRIATED AND MADE AVAILABLE THEREFOR.
  4. A. THE OFFICE SHALL SUBMIT A REPORT TO THE TEMPORARY  PRESIDENT  OF
THE  SENATE,  SENATE  MINORITY  LEADER,  THE SPEAKER OF THE ASSEMBLY AND
ASSEMBLY MINORITY LEADER, WHICH SHALL INCLUDE:
  1. WRITTEN ESTIMATES  OF  ANTICIPATED  STATE  REVENUES  FOR  BUDGETARY
PURPOSES;
  2. PROJECTED ECONOMIC FACTORS AND FORECASTS;
  3.  SUMMARIZATION  OF  THE BUDGET PROPOSED BY THE GOVERNOR PURSUANT TO
ARTICLE SEVEN OF THE CONSTITUTION; AND
  4. REVENUE SOURCES THAT COULD  BE  USED  AS  ALTERNATIVES  TO  REVENUE
SOURCES OUTLINED IN THE EXECUTIVE BUDGET.
  B.  SUCH REPORT SHALL BE SUBMITTED ON THE FIRST OF MARCH EACH YEAR FOR
THE NEXT SUCCEEDING FISCAL YEAR. AFTER SUBMISSION TO THE TEMPORARY PRES-

S. 445                              3

IDENT OF THE SENATE, SENATE MINORITY LEADER, THE SPEAKER OF THE ASSEMBLY
AND ASSEMBLY MINORITY LEADER, SUCH REPORT SHALL BE MADE AVAILABLE TO THE
PUBLIC, UPON REQUEST.
  5.  A.  THE LEGISLATIVE BUDGET OFFICE SHALL BE FUNDED FROM LEGISLATIVE
APPROPRIATIONS PROVIDED ANNUALLY, WITH EQUAL ALLOCATIONS PROVIDED BY THE
SENATE AND THE ASSEMBLY AS EACH HOUSE DEEMS APPROPRIATE.
  B. THE DIRECTOR MAY PROCURE, WITHIN THE AMOUNTS APPROPRIATED AND  MADE
AVAILABLE  THEREFOR,  UP-TO-DATE COMPUTER EQUIPMENT, OBTAIN THE SERVICES
OF EXPERTS AND CONSULTANTS IN COMPUTER TECHNOLOGY.
  S 2. Section 30 of the legislative law, as amended by chapter  766  of
the laws of 2005, is amended to read as follows:
  S 30. Duties  of finance and ways and means committees and secretaries
AND OF THE LEGISLATIVE BUDGET OFFICE AND ITS DIRECTOR.   The  committees
and  their  secretaries  AND  OF  THE  LEGISLATIVE BUDGET OFFICE AND ITS
DIRECTOR shall have access at all reasonable times to offices  of  state
departments,  commissions,  boards, bureaus and offices, to institutions
and to all state authorities 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 such committees AND THE LEGISLATIVE BUDGET OFFICE
such  data, information or statements as may be necessary for the proper
exercise of their powers and duties and for the purpose of carrying into
effect the provisions of this article. The finance and  ways  and  means
committee  in exercising the powers and performing the duties prescribed
by this article may act jointly, or separately, as they deem advisable.
  S 3. This act shall take effect immediately.