Senate Bill S1637

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

                                  1637

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation to creating an  inde-
  pendent  budget  office  to  provide  various offices with information
  which will assist in the discharge of responsibilities related to  the
  budgetary process

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The state finance law is amended by adding a new article 17
to read as follows:
                              ARTICLE XVII
                        INDEPENDENT BUDGET OFFICE
SECTION 250. INDEPENDENT BUDGET OFFICE.
        251. POWERS AND DUTIES OF THE OFFICE; REPORT.
  S 250. INDEPENDENT BUDGET OFFICE.  1. (A) THERE SHALL BE AN  INDEPEND-
ENT BUDGET OFFICE TO BE HEADED BY A DIRECTOR WHO SHALL BE APPOINTED UPON
THE  RECOMMENDATION  OF  THE  INDEPENDENT  BUDGET OFFICE ADVISORY BOARD,
DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION,  WHICH  SHALL  BE  ESTAB-
LISHED  BY A SPECIAL COMMITTEE CONVENED FOR THE PURPOSE OF CREATING SUCH
BOARD. SUCH COMMITTEE SHALL CONSIST OF AN APPOINTEE OF THE  STATE  COMP-
TROLLER,  AN APPOINTEE OF THE DIRECTOR OF THE DIVISION OF BUDGET FOR THE
STATE, AN APPOINTEE  OF  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE,  AN
APPOINTEE  OF  THE  MINORITY  LEADER  OF THE SENATE, AN APPOINTEE OF THE
SPEAKER OF THE ASSEMBLY, AND AN APPOINTEE OF THE MINORITY LEADER OF  THE
ASSEMBLY.
  (B) THE DIRECTOR SHALL BE APPOINTED WITHOUT REGARD TO POLITICAL AFFIL-
IATION AND SOLELY ON THE BASIS OF FITNESS TO PERFORM THE DUTIES ASSIGNED
BY  THIS SECTION.   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 ADVISORY BOARD.  THE TERM OF OFFICE OF THE DIREC-
TOR FIRST APPOINTED SHALL EXPIRE ON AUGUST FIRST, TWO THOUSAND THIRTEEN,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04646-01-9
              

S. 1637                             2

AND THE TERMS OF OFFICE OF DIRECTORS SUBSEQUENTLY APPOINTED SHALL EXPIRE
ON SUCH DATE IN EACH FOURTH YEAR THEREAFTER. ANY INDIVIDUAL APPOINTED TO
FILL  A  VACANCY  PRIOR TO THE EXPIRATION OF A TERM SHALL SERVE ONLY FOR
THE  UNEXPIRED PORTION OF THE TERM. AN INDIVIDUAL SERVING AS DIRECTOR AT
THE EXPIRATION OF A TERM MAY CONTINUE TO  SERVE  UNTIL  A  SUCCESSOR  IS
APPOINTED.
  2.  THE DIRECTOR SHALL APPOINT SUCH PERSONNEL AND PROCURE THE SERVICES
OF SUCH EXPERTS AND CONSULTANTS,  WITHIN  THE  APPROPRIATIONS  AVAILABLE
THEREFOR,  AS  MAY BE NECESSARY FOR THE DIRECTOR TO CARRY OUT THE DUTIES
AND FUNCTIONS ASSIGNED HEREIN. SUCH PERSONNEL AND EXPERTS SHALL  PERFORM
SUCH DUTIES AS MAY BE ASSIGNED TO THEM BY THE DIRECTOR.
  3.  THE DIRECTOR SHALL BE AUTHORIZED TO SECURE SUCH INFORMATION, DATA,
ESTIMATES AND STATISTICS FROM THE AGENCIES OF THE STATE AS THE  DIRECTOR
DETERMINES  TO  BE  NECESSARY  FOR  THE PERFORMANCE OF THE FUNCTIONS AND
DUTIES OF THE OFFICE, AND SUCH AGENCIES SHALL PROVIDE SUCH  INFORMATION,
TO  THE  EXTENT THAT IT IS AVAILABLE, IN A TIMELY FASHION.  THE LEGISLA-
TURE AND EXECUTIVE SHALL PROVIDE A  REPORT  TO  THE  INDEPENDENT  BUDGET
OFFICE  WHICH  SHALL BE THE RESULT OF THE CONSENSUS ECONOMIC AND REVENUE
FORECASTING CONFERENCE  HELD  IN  ACCORDANCE  WITH  SUBDIVISION  SIX  OF
SECTION TWENTY-THREE OF THIS CHAPTER. THE DIRECTOR SHALL NOT BE ENTITLED
TO   OBTAIN   RECORDS   WHICH   ARE  PROTECTED  BY  THE  PRIVILEGES  FOR
ATTORNEY-CLIENT  COMMUNICATIONS,  ATTORNEY  WORK  PRODUCT,  OR  MATERIAL
PREPARED FOR LITIGATION.
  4. THERE SHALL BE AN INDEPENDENT BUDGET OFFICE ADVISORY BOARD CONSIST-
ING  OF  SIX  MEMBERS APPOINTED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
ONE OF THIS SECTION.  THE MEMBERS OF THE ADVISORY BOARD SHALL SERVE  FOR
THREE  YEAR  TERMS  AS FOLLOWS: OF THE MEMBERS ORIGINALLY APPOINTED, TWO
SHALL SERVE UNTIL THE THIRTY-FIRST DAY OF MARCH, TWO THOUSAND  TEN,  TWO
SHALL  SERVE  UNTIL  THE THIRTY-FIRST DAY OF MARCH, TWO THOUSAND ELEVEN,
AND TWO SHALL SERVE UNTIL THE THIRTY-FIRST DAY OF  MARCH,  TWO  THOUSAND
TWELVE.   THE MEMBERS SHALL ALL BE INDIVIDUALS WITH EXTENSIVE EXPERIENCE
AND KNOWLEDGE IN THE FIELDS OF FINANCE,  ECONOMICS,  ACCOUNTING,  PUBLIC
ADMINISTRATION AND PUBLIC POLICY ANALYSIS, INCLUDING AT LEAST ONE FORMER
DIRECTOR  OF  THE STATE DIVISION OF BUDGET, OR OF A COMPARABLE OFFICE IN
ANOTHER STATE  GOVERNMENTAL  JURISDICTION  IN  THE  UNITED  STATES;  ONE
NATIONALLY  RECOGNIZED  EXPERT  IN  THE  FIELDS OF BUDGET THEORY AND THE
BUDGETARY PROCESS; ONE DEAN OR DIRECTOR OR FORMER DEAN OR DIRECTOR OF  A
GRADUATE  SCHOOL  OF  BUSINESS ADMINISTRATION LOCATED IN NEW YORK STATE;
ONE DEAN OR DIRECTOR OR FORMER DEAN OR DIRECTOR OF A GRADUATE SCHOOL  OF
PUBLIC  ADMINISTRATION OR PUBLIC AFFAIRS OR PUBLIC POLICY LOCATED IN NEW
YORK STATE; ONE CHAIR OR FORMER CHAIR OF A GRADUATE ECONOMICS DEPARTMENT
OF A COLLEGE OR UNIVERSITY LOCATED IN NEW YORK  STATE;  ONE  OFFICER  OR
FORMER  OFFICER  OF  A  CIVIC  OR  PUBLIC INTEREST ADVOCACY ORGANIZATION
INVOLVED IN BUDGETARY MATTERS OR ONE OFFICER  OR  FORMER  OFFICER  OF  A
HUMAN  SERVICES  ADVOCACY  ORGANIZATION  INVOLVED  IN BUDGET MATTERS. NO
MEMBER MAY BE REAPPOINTED  TO  CONSECUTIVE  TERMS.  VACANCIES  OCCURRING
BECAUSE  OF  THE  EXPIRATION  OF  TERMS  SHALL BE FILLED PROMPTLY ON THE
RECOMMENDATION OF THE ORIGINAL APPOINTING MEMBER. EACH OF THE MEMBERS OF
THE ADVISORY BOARD  SHALL  RECEIVE,  AS  COMPENSATION  FOR  HIS  OR  HER
SERVICES  HEREUNDER,  A  PER  DIEM  ALLOWANCE  IN THE SUM OF ONE HUNDRED
DOLLARS FOR EACH DAY ACTUALLY SPENT IN THE PERFORMANCE  OF  HIS  OR  HER
DUTIES  HEREUNDER,  NOT  EXCEEDING,  HOWEVER,  THE  SUM OF FIVE THOUSAND
DOLLARS IN ANY CALENDAR YEAR, AND, IN ADDITION THERETO, SHALL  BE  REIM-
BURSED  FOR ALL EXPENSES ACTUALLY AND NECESSARILY INCURRED BY HIM OR HER
IN THE PERFORMANCE OF HIS OR HER DUTIES UNDER THIS ARTICLE. THE ADVISORY
BOARD SHALL AT ITS FIRST MEETING IN EVERY EVEN NUMBERED YEAR ELECT, FROM

S. 1637                             3

AMONG ITS MEMBERS, A CHAIR AND VICE-CHAIR  WHO  SHALL  SERVE  UNTIL  THE
THIRTY-FIRST DAY OF MARCH OF THE NEXT EVEN NUMBERED YEAR.
  S 251.  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 BILLS AND OTHER
BILLS PROVIDING BUDGET AUTHORITY OR TAX EXPENDITURES;
  B.  EXAMINE  AND REVIEW ALL FINANCIAL INFORMATION OF THE STATE FOR THE
PURPOSE OF RENDERING REVENUE ESTIMATES USED IN DETERMINING  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.
  2. 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.  THE  DIRECTOR  MAY
REQUEST  AND  SHALL RECEIVE FROM ALL PUBLIC OFFICERS, DEPARTMENTS, AGEN-
CIES AND AUTHORITIES OF THE STATE AND ITS POLITICAL  SUBDIVISIONS,  SUCH
ASSISTANCE  AND  DATA AS SHALL BE NECESSARY TO PROJECT ANTICIPATED STATE
REVENUES FOR BUDGETARY PURPOSES.
  3. THE DIRECTOR SHALL FROM TIME TO TIME PUBLISH SUCH REPORTS AS MAY BE
APPROPRIATE TO ENHANCE OFFICIAL AND PUBLIC UNDERSTANDING OF THE  BUDGET-
ARY  PROCESS AND OF THE BUDGET DOCUMENTS WHICH ARE PUBLISHED. THE DIREC-
TOR SHALL FROM TIME TO TIME PUBLISH SUCH REPORTS AS MAY BE NECESSARY  OR
APPROPRIATE  TO  PROVIDE  SUCH  INFORMATION,  DATA, AND ANALYSIS AS WILL
ENHANCE OFFICIAL AND PUBLIC UNDERSTANDING OF MATTERS RELATING  TO  STATE
REVENUES,  EXPENDITURES,  FINANCIAL  MANAGEMENT  PRACTICES  AND  RELATED
MATTERS.
  4. THE DIRECTOR MAY  PROCURE,  FOR  THE  OFFICE,  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.
  5. THE DIRECTOR SHALL  MAKE  ALL  INFORMATION,  DATA,  ESTIMATES,  AND
STATISTICS OBTAINED, AND ALL STUDIES AND REPORTS PREPARED BY THE OFFICE,
AVAILABLE FOR PUBLIC INSPECTION AND COPYING DURING NORMAL BUSINESS HOURS
AND  SHALL, TO THE EXTENT PRACTICABLE, FURNISH A COPY OF ANY SUCH INFOR-
MATION OR REPORT TO ANY PERSON UPON REQUEST AT A REASONABLE COST.
  S 2. Paragraph (b) of subdivision 6 of section 23 of the state finance
law, as added by chapter 1 of the laws of 2007, is amended  to  read  as
follows:
  (b)  On or before March first in each year, the director of the budget
and the secretary of the senate finance committee and the  secretary  of
the  assembly  ways  and  means  committee  shall  issue  a joint report
containing a consensus forecast of the economy and estimates of receipts
for the current and the ensuing state fiscal  year.  Such  estimates  of
receipts  shall include, but not be limited to: expected tax receipts on
an all-funds basis, projected lottery receipts, and anticipated  miscel-
laneous  receipts  to  be  received in the general fund. The estimate of
receipts for the ensuing fiscal year contained in the report,  shall  be
all  receipts  from such sources described in this subdivision available
to make disbursements authorized by the appropriation bills submitted by
the governor pursuant to section three of article seven of the constitu-
tion for the ensuing fiscal year.  THE REPORT SHALL BE  DISSEMINATED  TO

S. 1637                             4

THE  INDEPENDENT  BUDGET  OFFICE IN ACCORDANCE WITH ARTICLE SEVENTEEN OF
THIS CHAPTER.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized  and  directed  to  be  made  and completed on or before such
effective date.