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AB3468 Summary:

BILL NOA03468
 
SAME ASNo Same As
 
SPONSOREnglebright
 
COSPNSRQuart
 
MLTSPNSR
 
Add Art 4-B 75 & 76, Leg L
 
Creates the New York state independent budget office with a director to be appointed, upon recommendations of an independent budget advisory committee, by the speaker of the assembly and the temporary president of the senate; authorizes such office to 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.
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AB3468 Actions:

BILL NOA03468
 
01/27/2017referred to governmental operations
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AB3468 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3468
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2017
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, QUART -- read once and referred to
          the Committee on Governmental Operations
 
        AN ACT to amend the legislative law, in  relation  to  establishing  the
          independent 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                          INDEPENDENT BUDGET OFFICE
     5  Section 75. Powers and duties of the independent budget office.
     6          76. Director of the independent budget office.
     7    §  75. Powers and duties of the independent budget office. There shall
     8  hereby be established an independent budget office.  1. It shall be  the
     9  duty of the independent budget office to provide the members and commit-
    10  tees  of  the  legislature with information which will assist such offi-
    11  cials and bodies in the discharge of their  responsibilities  which  are
    12  related to the budgetary process including:
    13    (a)  information  with respect to the budget, appropriations bills and
    14  proposed laws with fiscal implications;
    15    (b) information with respect to estimated revenues and  receipts,  and
    16  changing revenue conditions;
    17    (c)  information  with respect to the performance and effectiveness of
    18  state agencies and programs; and
    19    (d) to the extent practicable, such other information or  analyses  as
    20  may be requested by such officials and bodies, and the general public.
    21    Requests  made by the speaker of the assembly, the temporary president
    22  of the senate, the chair of the assembly ways and  means  committee  and
    23  the chair of the senate finance committee regarding the budget, revenues
    24  and expenditures shall receive priority attention.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03894-01-7

        A. 3468                             2
 
     1    2.    The  independent  budget  office  shall complete a fiscal impact
     2  statement: (a) for any bill being considered on  an  assembly  ways  and
     3  means  committee  agenda  or  a  senate finance committee agenda, to the
     4  extent possible; (b) for any bill at  the  request  of  the  speaker  or
     5  minority  leader  of the assembly or the temporary president or minority
     6  leader of the senate; and (c) at the request of  a  committee  chair  or
     7  ranking  member of a committee for any bill referred to their respective
     8  committee.  Fiscal impact statements shall estimate the impact on  state
     9  revenues or expenditures.
    10    3.    The  independent  budget  office shall submit an analysis of the
    11  executive budget by March first of each  year  to  the  members  of  the
    12  assembly  ways and means committee and the senate finance committee, and
    13  make copies of such analysis available  to  all  other  members  of  the
    14  legislature and all other individuals, upon request.
    15    4.  The  independent  budget  office shall, to the extent practicable,
    16  develop proposals for cost effective alternative approaches to meet  the
    17  public responsibilities of the state.
    18    5.  The  independent budget office shall publish a report with respect
    19  to the expected levels of state revenues by the first  day  of  January,
    20  the first day of April, the first day of July and the first day of Octo-
    21  ber of each year.
    22    6.  The  independent  budget  office shall publish by December thirty-
    23  first of each year a report analyzing the fiscal outlook  of  the  state
    24  for the next five years.
    25    7.  The  independent  budget  office shall, from time to time, publish
    26  such reports as may be appropriate to enhance the  official  and  public
    27  understanding of the budgetary process and of the budget documents. Such
    28  office  shall,  from time to time, publish such reports as may be neces-
    29  sary or appropriate to provide such information, data  and  analysis  as
    30  will  enhance  official  and public understanding of matters relating to
    31  state revenues, expenditures, management practices and related matters.
    32    8. The independent  budget  office  may  procure  up-to-date  computer
    33  equipment,  obtain  the  services of experts and consultants in computer
    34  technology, and develop techniques for the evaluation of revenue projec-
    35  tions and budgetary requirements.
    36    9. All information, data, estimates and statistics,  and  all  studies
    37  and  reports  prepared  by  the  independent budget office shall be made
    38  available to the public and shall also be made available  by  electronic
    39  means over the internet.
    40    §  76.   Director of the independent budget office. 1. The independent
    41  budget office shall be  headed  by  a  director  who  shall  be  jointly
    42  appointed,  upon  the  recommendations  of  an independent budget office
    43  advisory committee, by the speaker of the  assembly  and  the  temporary
    44  president of the senate. The recommendations for the initial appointment
    45  of  such  director  shall  be  made no later than January fifteenth, two
    46  thousand eighteen to the committee. Subsequent recommendations shall  be
    47  made between January second and January fifteenth every sixth year ther-
    48  eafter.  The  committee shall appoint the initial director no later than
    49  February fifteenth, two thousand  eighteen  and  such  initial  director
    50  shall  take  office beginning April first, two thousand eighteen. Subse-
    51  quent appointments shall be made no later than February fifteenth  every
    52  sixth year thereafter.
    53    2.  (a) There shall be an independent budget office advisory committee
    54  consisting of: (i) the chair and ranking minority member of the assembly
    55  ways and means committee and the chair and ranking  minority  member  of
    56  the  senate  finance  committee  or  their designees; (ii) three members

        A. 3468                             3
 
     1  appointed by the speaker of the assembly; (iii) three members  appointed
     2  by the temporary president of the senate; and (iv) two members, one each
     3  appointed  by  the minority leader in each house of the legislature. The
     4  members  of  the  advisory  committee  shall  serve  for six year terms,
     5  provided, however that of the members first appointed, three shall serve
     6  for terms expiring on March thirty-first,  two  thousand  twenty;  three
     7  shall serve for terms expiring on March thirty-first, two thousand twen-
     8  ty-two;  and three shall serve for terms expiring on March thirty-first,
     9  two thousand twenty-four. The members  shall  all  be  individuals  with
    10  extensive  experience and knowledge in the fields of finance, economics,
    11  accounting, public administration and public policy  analysis  including
    12  at least one nationally recognized expert in the fields of budget theory
    13  and  the budget process; one dean or director or former dean or director
    14  of a graduate school  of  business  administration,  public  affairs  or
    15  public  administration located in the state; one officer or former offi-
    16  cer or economic advisor of a labor union; one officer or former  officer
    17  or economic advisor to a business corporation; and one officer or former
    18  officer  of a civic or public interest advocacy organization involved in
    19  budget matters.  No individual shall serve consecutive terms.
    20    (b) The independent budget office  advisory  committee  shall  develop
    21  guidelines  for the best practices of the independent budget office. The
    22  independent budget office advisory committee shall  meet  annually  with
    23  the  director  to  review  such  guidelines  and  to  make  comments and
    24  suggestions on the overall practices of the office.
    25    (c) Members of the advisory committee shall  receive  no  compensation
    26  but  shall  be reimbursed for reasonable expenses incurred in connection
    27  with their duties.
    28    3. The director of the independent budget office  shall  be  appointed
    29  without  regard  to  political  affiliation  and  solely on the basis of
    30  fitness to perform the duties assigned by  this  article.  The  term  of
    31  office  of  the  director  first  appointed  shall  expire  on  February
    32  fifteenth, two thousand twenty-four, and the terms of office  of  direc-
    33  tors subsequently appointed shall expire on such date in each sixth year
    34  thereafter.  Any  individual  appointed  to  fill a vacancy prior to the
    35  expiration of a term shall serve only for the unexpired portion of  such
    36  term.  An  individual  serving as director at the expiration of the term
    37  may continue to serve until a successor  is  appointed.    Any  director
    38  serving consecutive terms shall be recommended by the independent budget
    39  office  advisory  committee  and jointly appointed by the speaker of the
    40  assembly and the temporary president of the senate for the second  term.
    41  No director shall serve more than two terms consecutively.
    42    4. Ten percent of the appropriations made to the division of the budg-
    43  et  shall be available to pay for the expenses of the independent budget
    44  office during each fiscal year beginning with the  first  day  of  April
    45  after  this  section  shall have become a law. The director of the inde-
    46  pendent budget office shall  appoint  such  personnel  and  procure  the
    47  services  of  such  experts  and  consultants, within the appropriations
    48  available therefor, as may be necessary for such director to  carry  out
    49  the  duties  and  functions  assigned  pursuant  to this article.   Such
    50  personnel and experts shall perform such duties as may  be  assigned  to
    51  them by the director.
    52    5.  The director of the independent budget office shall have access at
    53  all reasonable times  to  offices  of  state  departments,  commissions,
    54  boards,  bureaus  and offices, to institutions and to all state authori-
    55  ties and public works of the state and they  may,  for  the  purpose  of
    56  obtaining  information as to the method of operation, general condition,

        A. 3468                             4
 
     1  management and needs thereof,  examine  the  books,  papers  and  public
     2  records  therein. Notwithstanding any other provision of law, such state
     3  departments, commissions, boards, bureaus,  offices,  state  authorities
     4  and  institutions  shall,  through  their  proper  officers or deputies,
     5  furnish to the director such data, information or statements as  may  be
     6  necessary  for  the  proper exercise of his or her powers and duties and
     7  for the purpose of carrying into effect the provisions of this article.
     8    6.  The independent budget office advisory committee  shall  determine
     9  the salary of the director of the independent budget office.
    10    § 2. This act shall take effect immediately.
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