NY State Senate Bill 2011-S7285

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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
May 02, 2012	referred to investigations and government operations

2011-S7285 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Legislative Law
Laws Affected:: Add Art 4-B §§75 & 76, Leg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3137
2013-2014: S4005
2015-2016: S4468
2017-2018: S2325
2019-2020: S2029
2021-2022: S3818
2023-2024: S1834

2011-S7285 (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.

2011-S7285 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7285

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 1st 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 Speaker of the
Assembly and Majority Leader of the Senate, 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 Assembly Ways and Means Committee,

* the chair and ranking member of the Senate Finance Committee.

Six other members of the advisory committee shall be jointly appointed
by the Speaker of the Assembly and the Majority Leader of the Senate.
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) to 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 April 1st.

New York City's Independent Budget 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 will


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 will 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
expenditures 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 non-partisan budget
offices to assist their legislatures.

LEGISLATIVE HISTORY:
A.5925/S.3l37 of 2009/2010

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

EFFECTIVE DATE:
Immediate.

2011-S7285 (ACTIVE) - Bill Text download pdf

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

                                  7285

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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;
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07015-02-2

S. 7285                             2

  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  THIRTEEN TO THE SPECIAL COMMITTEE. SUBSEQUENT
RECOMMENDATIONS  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 THOU-
SAND THIRTEEN AND SUCH INITIAL  DIRECTOR  SHALL  TAKE  OFFICE  BEGINNING
APRIL  FIRST,  TWO  THOUSAND  THIRTEEN. 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

S. 7285                             3

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  FIFTEEN;  TWO
SHALL  SERVE  FOR  TERMS  EXPIRING  ON  MARCH THIRTY-FIRST, TWO THOUSAND
SEVENTEEN; AND TWO SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST,
TWO THOUSAND NINETEEN. THE MEMBERS SHALL ALL BE INDIVIDUALS WITH  EXTEN-
SIVE  EXPERIENCE  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 NINETEEN, 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,
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,

S. 7285                             4

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 S7285

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2011-S7285 (ACTIVE) - Details

2011-S7285 (ACTIVE) - Summary

2011-S7285 (ACTIVE) - Sponsor Memo

2011-S7285 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7285

Share this bill

Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2011-S7285 (ACTIVE) - Details

2011-S7285 (ACTIVE) - Summary

2011-S7285 (ACTIVE) - Sponsor Memo

2011-S7285 (ACTIVE) - Bill Text download pdf

Comments