NY State Senate Bill 2009-S7038

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2010	referred to investigations and government operations

2009-S7038 (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 2011-2012 Legislative Session:: S879

2009-S7038 (ACTIVE) - Summary

Creates the New York state independent budget 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.

2009-S7038 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7038              REVISED 03/11/10

 TITLE OF BILL :
An act to amend the legislative law, in relation to establishing the
New York state independent budget office


 PURPOSE :
Creates the New York State Independent Budget Office to provide
objective, nonpartisan analyses of state revenues, expenditures and
management practices.

 SUMMARY :

Section 1. Amends the Legislative Law by adding Article 4-B as
outlined below:

§75. Establishes the New York State Independent Budget Office.

1. Provides that its primary purpose is to provide both individual
members and committees of the Legislature with information related to
the Budget Process.
2. Prepare fiscal impact statements on any bill impacting State
revenues or expenditures.
3. Submit an analysis of the Executive Budget by March first or each
year.

4. Develop alternative approaches to meet the financial obligations of
the State.
5. Prepare quarterly revenue forecast.
6. Publish a report by December 1st of each year that analyzes the
fiscal outlook of the State for the next five years.
7. Prepared to consult and assist with the analysis of proposed
legislation on local governments, tribal governments, private sector
employment and private sector enterprises.
8. Conduct continuing studies of budgetary matters to include the
impact of State mandates on local governments and private sector
entities.
9. Publish documents to enhance official and public understanding of
budget and public finance related matters.
10. Addresses the use of computer equipment and outside consultants.
11. Requires that information be made available on the Internet.

§76. Duties and powers of the Director.

1. Provides that the Director of the Independent Budget Office be
appointed by the Speaker of the Assembly and the Temporary President
of the Senate upon the recommendations of the Independent Budget
Office Board of Directors.

a. Director is appointed from a list of one or more candidates.
b. Serves for a six year term and is appointed as follows.
c. Initial recommendation must be made by January 15, 2011.
d. Initial appointment made by February 15, 2011
e. Director takes office April 1, 2011.
f. Same process recurs in six years.

2. Composition of the Independent Budget Office Board of Directors.

a. Has ten members who are appointed as follows:

i. One appointed and serving at the pleasure of the Chair and ranking
member of the Senate Finance Committee and Assembly Ways and Means
Committee;
ii. Six jointly appointed to staggered six year terms by the Speaker
of the Assembly and Temporary President of Senate;

iii. All members must have extensive knowledge in the fields of
finance, economies, accounting, public administration and public
policy analysis including at least one of the following:

* Nationally recognized expert in the fields of budget theory and the
budget process;
* One current or former dean or director of a graduate school of
business administration, public affairs or public administration
located in New York State;
* One current or former officer or economic advisor of a labor union;
* One current or former officer or economic advisor of a business
corporation;
* One current or former officer or commissioner of a City with a
population of more than one million;
* One current or former officer or commissioner of a county;
* One current or former officer of a civic or public interest advocacy
organization directly involved in budget Statewide or local budget
matters (merely lobbying state or local governments on budget related
matters does not count for the purposes of this subparagraph);
* No Director shall serve consecutive terms.

b. The New York State Independent Budget Office Board of Directors is
tasked with developing guidelines for best practices of the
Independent Budget Office. In developing such guidelines, nothing
shall preclude the Board from using pronouncements, standards and
other documents developed and published by the Governmental Accounting
Standards Board or other organizations that are nationally recognized
authorities in matters pertaining to public finance.

c. Board members serve without pay but are reimbursed for reasonable
expenses.

3. Provides that the Director shall be appointed for a six-year term
and cannot serve more than two terms.

4. Provides that twenty percent of the appropriations made to the
Division of the Budget shall be available to the Independent Budget
Office, commencing the year in which the Director takes office (April
1, 2011). Gives the Director explicit authority to hire and fire
staff, who will serve as appointees.

5. Provides that either the Senate or the Assembly may remove the
Director by resolution.

6. Compensation.

7. Access to all State entities.

8. For the purposes of estimating the fiscal impact of revenue
legislation this requires the Independent Budget Office to exclusively
use revenue estimates provided to it by the State Comptroller but does
not require or preclude use of the Comptrollers estimates in preparing
quarterly or annual revenue forecasts.

 JUSTIFICATION :
This legislation establishes the New York State Independent Budget
Office (NYS-IBO), a nonpartisan office to provide legislators with the
objective information they need to make decisions regarding the
budget. The NYS-IBO is modeled after the Congressional Budget Office
(CBO) and the New York City Independent Budget Office. 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 NYS-IBO 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.

All legislators, regardless of political affiliation will be able to
utilize the services of NYS-IBO. Because it is nonpartisan, members of
the Senate and Assembly will have access to the same data, analyses
and information thereby helping to reduce the yearly struggles that
emerge over the disparities in both revenue and expenditure
projections. This should in turn lead to more timely budgets 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 nonpartisan budget offices to assist their
legislatures.

 PRIOR LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :

None for SFY 2010-11.

Funding consists of twenty percent of the appropriation authority made
available to the New York State Division of the Budget. Based upon the
amount appropriated for SFY 2010-11 this would be $5.9 million.

The justification for making the funding available prior to the
Director being appointed is that

 EFFECTIVE DATE :
Immediately.

2009-S7038 (ACTIVE) - Bill Text download pdf

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

                                  7038

                            I N  S E N A T E

                              March 9, 2010
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 AN  OFFICE  OF  THE  NEW  YORK
STATE  LEGISLATURE  TO BE KNOWN AS THE NEW YORK STATE INDEPENDENT BUDGET
OFFICE.  1. IT SHALL BE THE PRIMARY DUTY AND FUNCTION OF  THE  NEW  YORK
STATE INDEPENDENT BUDGET OFFICE TO PROVIDE THE MEMBERS AND COMMITTEES OF
THE  LEGISLATURE  WITH  INFORMATION WHICH WILL ASSIST SUCH OFFICIALS AND
BODIES IN THE DISCHARGE OF MATTERS WITHIN THEIR JURISDICTION  PERTAINING
TO THE BUDGETARY PROCESS INCLUDING:
  (A)  INFORMATION  WITH RESPECT TO THE BUDGET, APPROPRIATIONS BILLS AND
OTHER   BILLS   AUTHORIZING   OR   PROVIDING   FOR   EXPENDITURES   FROM
GOVERNMENT-WIDE  FUNDS  OR  REVENUES TO THOSE FUNDS; INCLUDING ANY BILLS
THAT HAVE A DIRECT OR INDIRECT FISCAL IMPACT IN  TERMS  OF  SPENDING  OR
REVENUE;
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16050-05-0

S. 7038                             2

  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.
  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
FINANCIAL OBLIGATIONS 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.  AT  THE  REQUEST  OF  ANY MEMBER OR COMMITTEE OF THE SENATE OR THE
ASSEMBLY, THE INDEPENDENT BUDGET OFFICE SHALL, 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) A SIGNIFICANT BUDGETARY IMPACT ON LOCAL OR TRIBAL GOVERNMENTS;
  (B) A SIGNIFICANT FINANCIAL IMPACT ON THE PRIVATE SECTOR; OR
  (C) A SIGNIFICANT EMPLOYMENT IMPACT ON THE PRIVATE SECTOR.
  8. (A) THE DIRECTOR OF THE INDEPENDENT  BUDGET  OFFICE  SHALL  CONDUCT
CONTINUING  STUDIES  ON FISCAL MATTERS INCLUDING WAYS TO ENHANCE COMPAR-
ISONS OF BUDGET AUTHORITY AND OUTLAYS, DEBT AUTHORITY, AND TAX POLICY.
  (B) (1) AT THE REQUEST OF ANY CHAIR OR RANKING MEMBER OF THE  MINORITY
OF A COMMITTEE OF THE SENATE OR THE ASSEMBLY, THE DIRECTOR SHALL, TO THE
EXTENT PRACTICABLE, CONDUCT A STUDY OF A LEGISLATIVE PROPOSAL CONTAINING
A STATE MANDATE.
  (2)  IN  CONDUCTING  A  STUDY ON INTERGOVERNMENTAL MANDATES UNDER THIS
PARAGRAPH, THE DIRECTOR SHALL:
  (I) SOLICIT AND CONSIDER INFORMATION OR COMMENTS  FROM  ELECTED  OFFI-
CIALS  (INCLUDING  THEIR DESIGNATED REPRESENTATIVES) OF STATE, LOCAL, OR
TRIBAL GOVERNMENTS AS MAY PROVIDE HELPFUL INFORMATION OR COMMENTS;
  (II) CONSIDER ESTABLISHING ADVISORY PANELS  OF  ELECTED  OFFICIALS  OR
THEIR  DESIGNATED REPRESENTATIVES, OF LOCAL OR TRIBAL GOVERNMENTS IF THE
DIRECTOR DETERMINES THAT  SUCH  ADVISORY  PANELS  WOULD  BE  HELPFUL  IN
PERFORMING RESPONSIBILITIES OF THE DIRECTOR UNDER THIS SECTION; AND
  (III) IF, AND TO THE EXTENT THAT THE DIRECTOR DETERMINES THAT ACCURATE
ESTIMATES ARE REASONABLY FEASIBLE, INCLUDE ESTIMATES OF:
  (A)  THE  FUTURE  DIRECT  COST OF THE STATE MANDATE TO THE EXTENT THAT
SUCH COSTS SIGNIFICANTLY DIFFER FROM  OR  EXTEND  BEYOND  THE  FIVE-YEAR
PERIOD AFTER THE MANDATE IS FIRST EFFECTIVE; AND

S. 7038                             3

  (B)  ANY  DISPROPORTIONATE  BUDGETARY  EFFECTS  OF STATE MANDATES UPON
PARTICULAR INDUSTRIES OR SECTORS OF THE ECONOMY, REGIONS, AND  URBAN  OR
RURAL OR OTHER TYPES OF COMMUNITIES, AS APPROPRIATE.
  (3)  IN CONDUCTING A STUDY ON STATE MANDATES UNDER SUBPARAGRAPH ONE OF
THIS PARAGRAPH, THE DIRECTOR SHALL PROVIDE  ESTIMATES,  IF  AND  TO  THE
EXTENT  THAT  THE DIRECTOR DETERMINES THAT SUCH ESTIMATES ARE REASONABLY
FEASIBLE, OF:
  (I) FUTURE COSTS OF STATE MANDATES  ON  PRIVATE  SECTOR  ENTITIES  AND
LOCAL  GOVERNMENTS TO THE EXTENT THAT SUCH MANDATES DIFFER SIGNIFICANTLY
FROM OR EXTEND BEYOND THE FIVE-YEAR TIME PERIOD REFERRED TO IN ITEM  (A)
OF CLAUSE (III) OF SUBPARAGRAPH TWO OF THIS PARAGRAPH;
  (II)  ANY  DISPROPORTIONATE  FINANCIAL EFFECTS OF STATE PRIVATE SECTOR
MANDATES AND OF ANY STATE FINANCIAL ASSISTANCE  IN  THE  BILL  OR  JOINT
RESOLUTION  UPON  ANY  PARTICULAR  INDUSTRIES OR SECTORS OF THE ECONOMY,
REGIONS, AND URBAN OR RURAL OR OTHER TYPES OF COMMUNITIES; AND
  (III) THE EFFECT OF STATE MANDATES IN THE BILL OR JOINT RESOLUTION  ON
THE ECONOMY OF THE STATE, INCLUDING THE EFFECT ON PRODUCTIVITY, ECONOMIC
GROWTH,  FULL  EMPLOYMENT, CREATION OF PRODUCTIVE JOBS, AND COMPETITIVE-
NESS OF GOODS AND SERVICES.
  9. 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.
  10.  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.
  11.  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, FROM ONE OR MORE CANDIDATES RECOMMENDED BY
THE INDEPENDENT BUDGET OFFICE  BOARD  OF  DIRECTORS  (ALSO  REFERRED  TO
INTERCHANGEABLY  AS THE "BOARD"), 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 ELEVEN  TO  THE  SPECIAL  COMMITTEE.  SUBSEQUENT
RECOMMENDATIONS  SHALL  BE  MADE  BETWEEN  JANUARY  SECOND  AND  JANUARY
FIFTEENTH EVERY SIXTH YEAR THEREAFTER. THE SPEAKER OF THE  ASSEMBLY  AND
TEMPORARY  PRESIDENT OF THE SENATE SHALL APPOINT THE INITIAL DIRECTOR NO
LATER THAN FEBRUARY FIFTEENTH, TWO  THOUSAND  ELEVEN  AND  SUCH  INITIAL
DIRECTOR  SHALL  TAKE OFFICE BEGINNING APRIL FIRST, TWO THOUSAND ELEVEN.
SUBSEQUENT APPOINTMENTS SHALL BE MADE NO LATER THAN  FEBRUARY  FIFTEENTH
EVERY SIXTH YEAR THEREAFTER.
  2.  (A) THERE SHALL BE AN INDEPENDENT BUDGET OFFICE BOARD OF DIRECTORS
CONSISTING OF (1) 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
CHAIR  AND  RANKING  MEMBER OF THE SENATE FINANCE COMMITTEE, AND (2) 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,

S. 7038                             4

PROVIDED, HOWEVER THAT OF THE MEMBERS FIRST APPOINTED, TWO  SHALL  SERVE
FOR  TERMS  EXPIRING  ON  MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN; TWO
SHALL SERVE FOR TERMS  EXPIRING  ON  MARCH  THIRTY-FIRST,  TWO  THOUSAND
FIFTEEN;  AND  TWO SHALL SERVE FOR TERMS EXPIRING ON MARCH THIRTY-FIRST,
TWO THOUSAND SEVENTEEN. 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;  ONE  OFFICER  OR
FORMER  OFFICER  OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, ONE
OFFICER OR FORMER OFFICER OF A COUNTY; AND ONE OFFICER OR FORMER OFFICER
OF A CIVIC OR PUBLIC INTEREST ADVOCACY ORGANIZATION DIRECTLY INVOLVED IN
BUDGET MATTERS.  LOBBYING STATE OR LOCAL ENTITIES AS DEFINED BY  SECTION
ONE-C  OF  THIS CHAPTER SHALL NOT BE CONSTRUED AS DIRECT INVOLVEMENT FOR
THE PURPOSE OF THIS PARAGRAPH.   NO INDIVIDUAL SHALL  SERVE  CONSECUTIVE
TERMS.
  (B)  THE  INDEPENDENT  BUDGET  OFFICE BOARD OF DIRECTORS SHALL DEVELOP
GUIDELINES FOR THE BEST PRACTICES OF THE INDEPENDENT BUDGET OFFICE.  THE
INDEPENDENT  BUDGET  OFFICE  BOARD OF DIRECTORS SHALL MEET ANNUALLY WITH
THE DIRECTOR  TO  REVIEW  SUCH  GUIDELINES  AND  TO  MAKE  COMMENTS  AND
SUGGESTIONS  ON  THE  OVERALL  PRACTICES  OF THE OFFICE.   IN DEVELOPING
GUIDELINES FOR BEST PRACTICES, SUCH STANDARDS  SHALL  BE  IN  COMPLIANCE
WITH  STANDARDS  PROMULGATED  BY  THE  GOVERNMENTAL ACCOUNTING STANDARDS
BOARD OR ANOTHER COMPARABLE STANDARD SETTING  ENTITY  WHEN  PRACTICABLE.
NOTHING  IN  THIS SECTION SHALL PRECLUDE THE BOARD FROM USING PRONOUNCE-
MENTS; STANDARDS AND OTHER OTHER DOCUMENTS DEVELOPED  AND  PUBLISHED  BY
ORGANIZATIONS  THAT  ARE  NATIONALLY  RECOGNIZED  AUTHORITIES IN MATTERS
PERTAINING TO PUBLIC FINANCE EXCEPT THAT THE BOARD  SHALL  DEVELOP  SUCH
BEST  PRACTICES  WITH  THE  INTENT  OF  COMPLYING  WITH THE GOVERNMENTAL
ACCOUNTING STANDARDS BOARD WHERE PRACTICABLE AND APPLICABLE.
  (C) MEMBERS OF THE BOARD OF DIRECTORS 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 SEVENTEEN, 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 BOARD OF DIRECTORS 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.  TWENTY  PERCENT  OF THE APPROPRIATIONS MADE TO THE DIVISION OF THE
BUDGET 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
INDEPENDENT  BUDGET  OFFICE SHALL APPOINT SUCH PERSONNEL AND PROCURE THE

S. 7038                             5

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 MAY BE REMOVED BY EITHER THE  SENATE  OR  ASSEMBLY  BY
RESOLUTION.
  6.  (A)  THE  DIRECTOR SHALL RECEIVE COMPENSATION AT AN ANNUAL RATE OF
PAY THAT IS EQUAL TO THE LOWER OF:
  (1) THE HIGHEST ANNUAL RATE OF COMPENSATION  OF  ANY  OFFICER  OF  THE
SENATE; OR
  (2)  THE  HIGHEST  ANNUAL  RATE  OF COMPENSATION OF ANY OFFICER OF THE
ASSEMBLY.
  (B) THE DEPUTY DIRECTOR SHALL RECEIVE COMPENSATION AT AN  ANNUAL  RATE
OF  PAY  THAT  IS  ONE THOUSAND DOLLARS LESS THAN THE ANNUAL RATE OF PAY
RECEIVED BY THE DIRECTOR, AS DETERMINED  UNDER  PARAGRAPH  (A)  OF  THIS
SUBDIVISION.
  (C)  THE  DIRECTOR  SHALL  APPOINT  AND  FIX  THE COMPENSATION OF SUCH
PERSONNEL AS MAY BE NECESSARY TO CARRY OUT THE DUTIES AND  FUNCTIONS  OF
THE  OFFICE.  ALL  PERSONNEL  OF  THE  OFFICE SHALL BE APPOINTED WITHOUT
REGARD TO POLITICAL AFFILIATION AND SOLELY ON THE BASIS OF THEIR FITNESS
TO PERFORM THEIR DUTIES. THE  DIRECTOR  MAY  PRESCRIBE  THE  DUTIES  AND
RESPONSIBILITIES  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. FOR PURPOSES OF PAY (OTHER  THAN  PAY  OF
THE  DIRECTOR  AND DEPUTY DIRECTOR) AND EMPLOYMENT BENEFITS, RIGHTS, AND
PRIVILEGES, ALL PERSONNEL OF THE OFFICE SHALL BE TREATED AS IF THEY WERE
EMPLOYEES OF NEW YORK STATE.
  7. 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,
MANAGEMENT  AND  NEEDS  THEREOF,  EXAMINE  THE  BOOKS, PAPERS AND PUBLIC
RECORDS THEREIN. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  SUCH  STATE
DEPARTMENTS,  COMMISSIONS,  BOARDS,  BUREAUS,  DIVISIONS, OFFICES, STATE
AUTHORITIES AND OTHER INSTITUTIONS SHALL, THROUGH THEIR PROPER  OFFICERS
OR  DEPUTIES,  FURNISH  TO THE DIRECTOR SUCH DATA, INFORMATION OR STATE-
MENTS 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.
  8. 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  INDEPENDENT  BUDGET OFFICE SHALL USE EXCLUSIVELY
DURING THAT LEGISLATIVE SESSION REVENUE ESTIMATES PROVIDED TO IT BY  THE
OFFICE  OF THE STATE COMPTROLLER. DURING THAT SESSION OF THE LEGISLATURE
SUCH REVENUE ESTIMATES SHALL BE TRANSMITTED BY  THE  INDEPENDENT  BUDGET
OFFICE  TO  ANY  COMMITTEE OF THE ASSEMBLY OR THE SENATE REQUESTING SUCH
ESTIMATES, AND SHALL BE USED BY  SUCH  COMMITTEES  IN  DETERMINING  SUCH
ESTIMATES. THE FISCAL COMMITTEES OF THE SENATE AND ASSEMBLY SHALL DETER-
MINE ALL ESTIMATES WITH RESPECT TO THE EXECUTION OF THE PURPOSES OF THIS
ARTICLE.   THIS SUBDIVISION SHALL NOT REQUIRE NOR PRECLUDE THE INDEPEND-
ENT BUDGET OFFICE FROM USING ESTIMATES OF THE STATE COMPTROLLER  IN  THE
CALCULATION OF THE REVENUE FORECAST AS STIPULATED IN SUBDIVISION FIVE OF
SECTION SEVENTY-FIVE OF THIS ARTICLE.
  S 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7038

Sponsored By

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

2009-S7038 (ACTIVE) - Details

2009-S7038 (ACTIVE) - Summary

2009-S7038 (ACTIVE) - Sponsor Memo

2009-S7038 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7038

Share this bill

Sponsored By

Martin J. Golden

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

2009-S7038 (ACTIVE) - Details

2009-S7038 (ACTIVE) - Summary

2009-S7038 (ACTIVE) - Sponsor Memo

2009-S7038 (ACTIVE) - Bill Text download pdf

Comments