Creates the non-partisan legislative budget office

Summary of provisions

Section 1 creates a new Article 4-B of the Legislative Law and amends Section 30 of the Legislative Law. Section 76. Non-partisan Legislative Budget Office. 1. Definitions. 2. Appointment of the Director of the Legislative Budget Office. The Director shall be appointed to a seven-year term by a joint resolution requiring a super-majority vote of both the senate and assembly. 3. Appointment of a Deputy Director, who can temporarily succeed the Director when the Director resigns or is removed before his or her term expires. 4. Director prohibitions and compensation. 5. Removal of the Director through a two-thirds vote from the members elected to either branch of the legislature. Section 77. Powers and duties of the office; report. 1. Types of fiscal analytical information the Director shall provide to the Legislature. 2. Assistance the Legislative Budget Office shall provide to committees of th Senate and Assembly. 3. Hiring authority of the Director. 4. Legislative Budget Office report on the Executive Budget. 5. Funding sources the Legislative Budget Office and spending authority of its Director. Section 2. amends Section 30 of the Legislative Law. Legislative budget office access to all state entities Authority of the Legislative Budget Office to gain access to all state entities for the purpose of obtaining information on state operations and financial conditions.

Existing law

None.

Justification

A nonpartisan legislative budget office (LBO) should be created in order to provide objective analysis of the state's budget and fiscal situation. Modeled on the Congressional Budget Office (CBO), the mission of the LBO will be to provide budget, economic and policy analysis for the residents of the state and its elected officials. Their role at the LBO will be to increase the legislature's understanding of the budget and how it affects New Yorkers.

Currently, the majority and minority parties of each house of the Legislature as well as the governor have a fiscal and budget staff to provide them insight into the financial matters of the state. These partisan offices provide information solely to their respective membership. This costly and duplicative process entrenches the parties

and reinforces their positions. Rather than using unbiased figures, each house uses its numbers to the advantage of their priorities and at the expense of their adversaries. The result has been a protracted budget debate where positions are staked and compromise is limited. A single nonpartisan budget office will ameliorate the situation and provide all the members with raw data which they can utilize in shaping a policy debate among their colleagues.

The effectiveness of the LBO rests squarely on its ability to serve all members of the Legislature, regardless of the house in which they serve or the side of the isle on which they sit. To achieve this end, under this legislation, majority and minority members would be granted equal access to the services of the LBO and reports it prepares. At the committee level, the LBO would have to respond to requests for information from the chairs and ranking members of Senate and Assembly committees. At the member level, the LBO would have to provide assistance in preparing fiscal notes for bills at the request of any legislator based on a priority processing system developed by the director in consolation with the chairs and ranking members of the Senate Standing Committee on Finance and Assembly Ways and Means Committee.

Further, to help build trust between the LBO and the Senate and Assembly, the new office's Director would be selected regardless of his or her political affiliation by the majority leaders of the Senate and Assembly, in consultation with the minority leaders of the Senate and Assembly. The Director shall then be appointed by a joint resolution requiring a super majority vote of both the Senate and Assembly.

Fiscal implications

Revenue neutral. The legislative budget office shall be funded from the Legislative Budget, with equal allocations provided by the senate and the assembly as they deem appropriate.

Local fiscal implications

None.

Effective date

This act shall take effect immediately.