Relates to establishing a non-partisan legislative budget office

Summary of specific provisions

Section one of this bill would add a new Article 4-B to the legislative law, to establish a new Non-Partisan Legislative Budget Office. Specif- ically, this bill would:

1. Add a new Section 76 to the Legislative Law to create a new Non- Partisan Legislative Budget Office. Such office would:

a. Mirror the congressional budget office and its provisions, as is set forth pursuant to federal law;

b. Be headed by a Director appointed by the Speaker of the Assembly and the President pro tempore of the Senate after considering recommenda- tions received from the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means, without regard to poli- tical affiliation and solely on the basis of his fitness to perform his or her duties;

c. Permit the Director to be removed by either the Assembly or the Senate by resolution, provide that the term of office of the Director would be 4 years and would expire on January 3 of the year preceding each Gubernatorial election, provide that the Director shall receive compensation at an annual rate of pay that is equal to the lower of the highest annual rate of compensation of any officer of the Senate, or the highest annual rate of compensation of any officer of the Assembly.

d. Have a Deputy Director, appointed by the Director, who would receive compensation that is $1,000 less than the annual rate of pay received by the Director, and who would perform such duties as may be assigned by the Director and, during the absence, incapacity or vacancy of the Director, would act as Director.

e. Provide that the Director would appoint and fix the compensation of such personnel as may be necessary to carry out the duties and functions of the Office, with all personnel of the Office appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties.

f. Provide that the Director would prescribe the duties and responsibil- ities of the personnel of the Office, and delegate to them authority to perform any of the duties, powers, and functions imposed on the Office or on the Director, and for purposes of pay (other than pay of the Director and Deputy Director) and employment benefits, rights, and priv- ileges, all personnel of the Office shall be treated as if they were employees of the Senate.

g. Provide that in carrying out the duties and functions of the Office, the Director may procure the temporary (not to exceed one year) or intermittent services of experts or consultants or organizations thereof by contract as independent contractors, or, in the case of individual experts or consultants, by employment at rates of pay not in excess of an amount established in the budget by the state legislature.

h. Provide that the Director would be authorized to secure information, data, estimates, and statistics directly from the various departments, agencies, and establishments of the executive branch of Government and the regulatory agencies and commissions of the Government, and that all such departments, agencies, establishments, and regulatory agencies and commissions would be required to furnish the Director any available material which he determines to be necessary in the performance of his duties and functions.

i. Provide that in carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other state government entities with a view to utilizing most effectively the information, services, and capabilities of all such entities in carrying out the various responsibilities assigned to each, the Director would be authorized to obtain information, data, estimates, and statistics developed by such entities, and (upon agreement with them) to utilize their services, facilities, and personnel with or with- out reimbursement.

j. Provide that for the purposes of revenue legislation which is income, estate and gift, excise, and payroll taxes considered or enacted in any session of the legislature, the Office would use exclusively during that session of the legislature revenue estimates provided to it by the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means, and that during that session of the legislature such revenue estimates shall be transmitted by the Office to any committee of the Assembly or the Senate requesting such estimates, and shall be used by such Committees in determining such estimates, and that the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means would determine all estimates with respect to scoring points of order and with respect to the execution of the purposes of this Act.

k. Authorize appropriations for the Office for each fiscal year such sums as may be necessary to enable it to carry out its duties and func- tions, and provide that the Director of the Office may, within appropri-

ations made therefore, provide for the training and or professional development of individuals employed by the Office.

2. Add a new section 77 to the Legislative Law to provide assistance to the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means by the Non Partisan Legislative Budget Office. Specifically, this section would provide:

a. That it would be the primary duty and function of the Non-Partisan Legislative Budget Office to provide the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means with information which would assist such committees in the discharge of all matters within their jurisdictions, including information with respect to the budget, appropriation bills, and other bills authorizing or providing new budget authority or tax expenditures, revenues, receipts, estimated future revenues and receipts, and changing revenue conditions, as well as such related information as such Committee may request;

b. That at the request of the Senate Standing Committee on Finance and/or the Assembly Standing Committee on Ways and Means, the Office would provide to such Committee any information which would assist it in the discharge of matters within its jurisdiction, and such related information as the Committee may request;

c. That at the request of any other committee of the Assembly or the Senate, the Office would provide to such committee any information which will assist it in the discharge of matters within its jurisdiction, and, to the extent practicable, such additional information related to the foregoing as may be requested, and that at the request of any committee of the Senate or the Assembly, the Office would, to the extent practica- ble, consult with and assist such committee In analyzing the budgetary or financial impact of any proposed legislation that may have a signif- icant budgetary impact on state or local governments, a significant financial impact on the private sector, or a significant employment impact on the private sector;

d. That at the request of any member of the Assembly or Senate, the Office would provide to such Member any information which would assist such member in the discharge of matters concerning their legislative office, and, to the extent available, such additional information related to the foregoing as may be requested;

e. That at the request of the Senate Standing Committee on Finance and/or the Assembly Standing Committee on Ways and Means, the personnel of the Office would be assigned, on a temporary basis, to assist such committee, and that at the request of any other committee of either the Assembly or the Senate, personnel of the Office could be assigned, on a temporary basis, to assist such committee with respect to matters directly related to such committee's jurisdiction;

f. That on or before February 15 of each year, the Director would be required to submit to the Senate Standing Committee on Finance and the

Assembly Standing Committee on Ways and Means, a report, for the fiscal year commencing on April 1 of that year, with respect to fiscal policy;

g. That the Director would also be required to submit to the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means such further reports as may be necessary or appropriate to provide such Committees with information, data, and analyses for the performance of their duties and functions;

h. That on or before May 15 of each year, the Director, after consulta- tion with the appropriate committees of the Assembly and Senate, would be further required to submit to the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means a report listing all programs and activities funded during the fiscal year ending March 31 of the next calendar year for which authorizations for appro- priations have not been enacted for that fiscal year, and all programs and activities for which authorizations for appropriations have been enacted for the fiscal year ending March 31 of the next calendar year, but for which no authorizations for appropriations have been enacted for the fiscal year; and

i. That the Director could equip the Office with up-to-date computer capability, obtain the services of experts and consultants in computer technology, and develop techniques for the evaluation of budgetary requirements, and conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures, and that at the request of any Chairman or ranking member of the minority of a Committee of the Senate or the Assembly, the Director would be required, to the extent practicable, to conduct a study of a legislative proposal containing a state mandate;

3. Add a new section 78 to the legislative law regarding broad based and significant public access to budget data produced by the Non-Partisan Legislative Budget Office; and

4. Add a new section 79 to the legislative law to require the Non Parti- san Legislative Budget Office to produce an Annual Report which would include documentation of fiscal policies of the state, including budget authority, written estimates of anticipated state revenues for budgetary purposes, projected economic factors and forecasts, and a summarization of the budget proposed by the governor pursuant to article seven of the constitution.

Justification

This bill would establish a new Non Partisan Legislative Budget Office for the State of New York.

This measure, which mirrors the highly respected Congressional Budget Office in the federal government, seeks to provide for professional, independent, non partisan fiscal forecasting and budget assessments for New York State fiscal matters and legislative impacts. By inserting

professionalism and removing the politics from budget assessments, this bill seeks to shine the light of truth and accuracy on New York State fiscal affairs and actions. Such accuracy and independence would also bring an added tool to reduce the causes of the perennial late state budgets, and remove the problem of inaccurately assessed state mandates and spending programs.

To bring professionalism and non partisanship into the budget process, would help to build fiscal integrity and stability in New York. If would empower citizens to know the consequences of both the annual state budg- et as well as legislative proposals which would have a substantial fiscal impact. It would help to remove the speculation and partisan slant which has caused New York's financial status to deteriorate, and provide a proven and useful tool to rebuild our state's financial condi- tion.

Legislative history

This is a new bill in the Senate.

Fiscal implications

None noted.

Effective date

This act would take effect immediately.