NY State Senate Bill 2009-S8392

Archive: Last Bill Status - In Senate Committee Rules 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 28, 2010	referred to rules

2009-S8392 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Legislative Law
Laws Affected:: Add Art 4-B §§76 - 79, Leg L
Versions Introduced in 2011-2012 Legislative Session:: S3460

2009-S8392 (ACTIVE) - Summary

Relates to establishing a non-partisan legislative budget office.

2009-S8392 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8392

TITLE OF BILL:

An act to amend the legislative law, in relation to the creation of a
non-partisan legislative budget office

PURPOSE:

This bill would establish a nonpartisan legislative budget office which
would mirror the non-partisan congressional 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.

2009-S8392 (ACTIVE) - Bill Text download pdf

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

                                  8392

                            I N  S E N A T E

                              June 28, 2010
                               ___________

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

AN ACT to amend the legislative law, in relation to the  creation  of  a
  non-partisan legislative 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
                 NON-PARTISAN LEGISLATIVE BUDGET OFFICE
SECTION 76. NON-PARTISAN LEGISLATIVE BUDGET OFFICE.
        77. ASSISTANCE  TO  SENATE STANDING COMMITTEE ON FINANCE AND THE
              ASSEMBLY STANDING COMMITTEE ON WAYS AND MEANS.
        78. PUBLIC ACCESS TO BUDGET DATA.
        79. ANNUAL REPORT.
  S 76. NON-PARTISAN LEGISLATIVE BUDGET OFFICE. 1. THERE IS  ESTABLISHED
AN OFFICE OF THE LEGISLATURE TO BE KNOWN AS THE NON-PARTISAN LEGISLATIVE
BUDGET  OFFICE (HEREINAFTER REFERRED TO AS THE OFFICE). THE OFFICE SHALL
BE HEADED BY A DIRECTOR; AND THERE SHALL BE A DEPUTY DIRECTOR WHO  SHALL
PERFORM  SUCH  DUTIES  AS  MAY BE ASSIGNED TO HIM OR HER BY THE DIRECTOR
AND, DURING THE ABSENCE OR INCAPACITY OF THE DIRECTOR OR DURING A VACAN-
CY IN THAT OFFICE, SHALL ACT AS DIRECTOR.
  2. THE DIRECTOR SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY  AND
THE  TEMPORARY PRESIDENT OF THE SENATE AFTER CONSIDERING RECOMMENDATIONS
RECEIVED FROM THE SENATE STANDING COMMITTEE ON FINANCE AND THE  ASSEMBLY
STANDING  COMMITTEE ON WAYS AND MEANS WITHOUT REGARD TO POLITICAL AFFIL-
IATION AND SOLELY ON THE BASIS OF HIS OR HER FITNESS TO PERFORM  HIS  OR
HER DUTIES. THE DEPUTY DIRECTOR SHALL BE APPOINTED BY THE DIRECTOR.
  3.  THE  TERM  OF OFFICE OF THE DIRECTOR SHALL BE FOUR YEARS AND SHALL
EXPIRE ON  JANUARY  THIRD  OF  THE  YEAR  PRECEDING  EACH  GUBERNATORIAL
ELECTION.  ANY  INDIVIDUAL APPOINTED AS DIRECTOR TO FILL A VACANCY PRIOR
TO THE EXPIRATION OF A TERM SHALL SERVE ONLY FOR THE  UNEXPIRED  PORTION
OF  THAT  TERM. AN INDIVIDUAL SERVING AS DIRECTOR AT THE EXPIRATION OF A
TERM MAY CONTINUE TO SERVE UNTIL HIS OR HER SUCCESSOR IS APPOINTED.  ANY

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

                                                           LBD17803-02-0

S. 8392                             2

DEPUTY  DIRECTOR SHALL SERVE UNTIL THE EXPIRATION OF THE TERM  OF OFFICE
OF THE DIRECTOR WHO APPOINTED HIM OR HER AND UNTIL HIS OR HER  SUCCESSOR
IS APPOINTED, UNLESS SOONER REMOVED BY THE DIRECTOR.
  4. THE DIRECTOR MAY BE REMOVED BY EITHER THE ASSEMBLY OR THE SENATE BY
RESOLUTION.
  5.  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. THE DEPUTY DIRECTOR SHALL  RECEIVE  COMPEN-
SATION  AT  AN ANNUAL RATE OF PAY THAT IS ONE THOUSAND DOLLARS LESS THAN
THE ANNUAL RATE OF PAY RECEIVED BY THE DIRECTOR.
  6. THE DIRECTOR SHALL APPOINT AND FIX THE COMPENSATION OF SUCH PERSON-
NEL 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 RESPON-
SIBILITIES OF THE PERSONNEL OF THE OFFICE, AND DELEGATE TO THEM AUTHORI-
TY 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 PRIV-
ILEGES, ALL PERSONNEL OF THE OFFICE SHALL BE TREATED  AS  IF  THEY  WERE
EMPLOYEES OF THE SENATE.
  7.  IN CARRYING OUT THE DUTIES AND FUNCTIONS OF THE OFFICE, THE DIREC-
TOR 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 LEGISLATURE.
  8. THE DIRECTOR IS AUTHORIZED TO SECURE INFORMATION, DATA,  ESTIMATES,
AND  STATISTICS  DIRECTLY FROM THE VARIOUS DEPARTMENTS, DIVISIONS, OFFI-
CERS, AGENCIES, PUBLIC AUTHORITIES  AND  COMMISSIONS  OF  THE  EXECUTIVE
BRANCH  OF GOVERNMENT AND THE REGULATORY AGENCIES AND COMMISSIONS OF THE
GOVERNMENT. ALL SUCH DEPARTMENTS, DIVISIONS, OFFICES,  AGENCIES,  PUBLIC
AUTHORITIES,  AND  COMMISSIONS  SHALL FURNISH THE DIRECTOR ANY AVAILABLE
MATERIAL WHICH HE OR SHE DETERMINES TO BE NECESSARY IN  THE  PERFORMANCE
OF  HIS  OR HER DUTIES AND FUNCTIONS (OTHER THAN MATERIAL THE DISCLOSURE
OF WHICH WOULD BE A VIOLATION OF LAW). THE DIRECTOR IS ALSO  AUTHORIZED,
UPON  AGREEMENT  WITH THE HEAD OF ANY SUCH DEPARTMENT, AGENCY, DIVISION,
OFFICE, COMMISSION OR PUBLIC AUTHORITY, TO UTILIZE ITS SERVICES, FACILI-
TIES, AND PERSONNEL WITH OR WITHOUT REIMBURSEMENT; AND THE HEAD OF  EACH
SUCH DEPARTMENT, AGENCY, DIVISION, OFFICE, COMMISSION OR PUBLIC AUTHORI-
TY  IS  AUTHORIZED  TO PROVIDE THE OFFICE SUCH SERVICES, FACILITIES, AND
PERSONNEL.
  9. 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 IS
AUTHORIZED TO OBTAIN INFORMATION, DATA, ESTIMATES, AND STATISTICS DEVEL-
OPED BY SUCH ENTITIES, AND (UPON AGREEMENT WITH THEM) TO  UTILIZE  THEIR
SERVICES, FACILITIES, AND PERSONNEL WITH OR WITHOUT REIMBURSEMENT.
  10.  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 SHALL USE EXCLUSIVELY DURING THAT SESSION
OF THE LEGISLATURE REVENUE ESTIMATES PROVIDED TO IT BY THE SENATE STAND-
ING COMMITTEE ON FINANCE AND THE ASSEMBLY STANDING COMMITTEE ON WAYS AND

S. 8392                             3

MEANS. 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  COMMIT-
TEES  IN  DETERMINING  SUCH  ESTIMATES. THE SENATE STANDING COMMITTEE ON
FINANCE AND THE ASSEMBLY STANDING COMMITTEE  ON  WAYS  AND  MEANS  SHALL
DETERMINE ALL ESTIMATES WITH RESPECT TO SCORING POINTS OF ORDER AND WITH
RESPECT TO THE EXECUTION OF THE PURPOSES OF THIS ARTICLE.
  11.  THERE  ARE  AUTHORIZED  TO BE APPROPRIATED TO THE OFFICE FOR EACH
FISCAL YEAR SUCH SUMS AS MAY BE NECESSARY TO ENABLE IT TO CARRY OUT  ITS
DUTIES AND FUNCTIONS.
  12.  THE DIRECTOR OF THE OFFICE MAY, WITHIN APPROPRIATIONS MADE THERE-
FOR, PROVIDE FOR THE TRAINING AND/OR PROFESSIONAL DEVELOPMENT  OF  INDI-
VIDUALS EMPLOYED BY THE OFFICE.
  S  77.  ASSISTANCE  TO  SENATE  STANDING  COMMITTEE ON FINANCE AND THE
ASSEMBLY STANDING COMMITTEE ON WAYS AND MEANS. 1. IT SHALL BE THE PRIMA-
RY DUTY AND FUNCTION OF THE OFFICE TO PROVIDE  TO  THE  SENATE  STANDING
COMMITTEE  ON  FINANCE  AND  THE ASSEMBLY STANDING COMMITTEE ON WAYS AND
MEANS INFORMATION WHICH WILL ASSIST SUCH COMMITTEES IN THE DISCHARGE  OF
ALL MATTERS WITHIN THEIR JURISDICTIONS, INCLUDING:
  (A)  INFORMATION  WITH RESPECT TO THE BUDGET, APPROPRIATION BILLS, AND
OTHER BILLS AUTHORIZING OR PROVIDING NEW BUDGET AUTHORITY OR TAX EXPEND-
ITURES;
  (B) INFORMATION WITH RESPECT TO REVENUES, RECEIPTS,  ESTIMATED  FUTURE
REVENUES AND RECEIPTS, AND CHANGING REVENUE CONDITIONS; AND
  (C) SUCH RELATED INFORMATION AS SUCH COMMITTEE MAY REQUEST.
  2.  AT  THE REQUEST OF THE SENATE STANDING COMMITTEE ON FINANCE AND/OR
THE ASSEMBLY STANDING COMMITTEE ON WAYS  AND  MEANS,  THE  OFFICE  SHALL
PROVIDE  TO  SUCH  COMMITTEE ANY INFORMATION WHICH WILL ASSIST IT IN THE
DISCHARGE OF MATTERS WITHIN ITS JURISDICTION, AND SUCH RELATED  INFORMA-
TION AS THE COMMITTEE MAY REQUEST.
  3.  AT  THE  REQUEST  OF  ANY  OTHER  COMMITTEE OF THE ASSEMBLY OR THE
SENATE, THE OFFICE SHALL 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. AT THE REQUEST OF ANY COMMITTEE OF THE
SENATE OR THE ASSEMBLY, THE OFFICE SHALL,  TO  THE  EXTENT  PRACTICABLE,
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 STATE OR LOCAL GOVERNMENTS;
  (B) A SIGNIFICANT FINANCIAL IMPACT ON THE PRIVATE SECTOR; OR
  (C) A SIGNIFICANT EMPLOYMENT IMPACT ON THE PRIVATE SECTOR.
  4. AT THE REQUEST OF ANY MEMBER OF THE ASSEMBLY OR SENATE, THE  OFFICE
SHALL  PROVIDE  TO  SUCH  MEMBER  ANY INFORMATION WHICH WILL 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.
  5.  AT  THE REQUEST OF THE SENATE STANDING COMMITTEE ON FINANCE AND/OR
THE ASSEMBLY STANDING COMMITTEE ON WAYS  AND  MEANS,  PERSONNEL  OF  THE
OFFICE  SHALL  BE ASSIGNED, ON A TEMPORARY BASIS, TO ASSIST SUCH COMMIT-
TEE. AT THE REQUEST OF ANY OTHER COMMITTEE OF EITHER THE ASSEMBLY OR THE
SENATE, PERSONNEL OF THE OFFICE MAY BE ASSIGNED, ON A  TEMPORARY  BASIS,
TO  ASSIST  SUCH  COMMITTEE  WITH RESPECT TO MATTERS DIRECTLY RELATED TO
SUCH COMMITTEE'S JURISDICTION.
  6. ON OR BEFORE FEBRUARY FIFTEENTH OF EACH YEAR,  THE  DIRECTOR  SHALL
SUBMIT  TO  THE  SENATE  STANDING  COMMITTEE ON FINANCE AND THE ASSEMBLY
STANDING COMMITTEE ON WAYS AND MEANS, A  REPORT,  FOR  THE  FISCAL  YEAR

S. 8392                             4

COMMENCING  ON  APRIL FIRST OF THAT YEAR, WITH RESPECT TO FISCAL POLICY,
INCLUDING:
  (A)  ALTERNATIVE LEVELS OF TOTAL REVENUES, TOTAL NEW BUDGET AUTHORITY,
AND TOTAL OUTLAYS (INCLUDING RELATED SURPLUSES AND DEFICITS);
  (B) THE LEVELS OF TAX EXPENDITURES UNDER  EXISTING  LAW,  TAKING  INTO
ACCOUNT  PROJECTED ECONOMIC FACTORS AND ANY CHANGES IN SUCH LEVELS BASED
ON PROPOSALS IN THE BUDGET SUBMITTED BY THE  GOVERNOR  FOR  SUCH  FISCAL
YEAR; AND
  (C) A STATEMENT OF THE LEVELS OF BUDGET AUTHORITY AND OUTLAYS FOR EACH
PROGRAM  IDENTIFIED  IN THE PROPOSED EXECUTIVE BUDGET. SUCH REPORT SHALL
ALSO INCLUDE A DISCUSSION OF STATE BUDGET PRIORITIES, INCLUDING ALTERNA-
TIVE WAYS OF ALLOCATING NEW BUDGET AUTHORITY AND BUDGET OUTLAYS FOR SUCH
FISCAL YEAR AMONG MAJOR PROGRAMS OR FUNCTIONAL CATEGORIES,  TAKING  INTO
ACCOUNT HOW SUCH ALTERNATIVE ALLOCATIONS WILL MEET MAJOR STATE NEEDS AND
AFFECT BALANCED GROWTH AND DEVELOPMENT OF THE STATE OF NEW YORK.
  7.  THE DIRECTOR SHALL FROM TIME TO TIME SUBMIT TO THE SENATE STANDING
COMMITTEE ON FINANCE AND THE ASSEMBLY STANDING  COMMITTEE  ON  WAYS  AND
MEANS  SUCH  FURTHER  REPORTS  (INCLUDING  REPORTS  REVISING  THE REPORT
REQUIRED BY SUBDIVISION SIX OF THIS SECTION)  AS  MAY  BE  NECESSARY  OR
APPROPRIATE  TO  PROVIDE  SUCH  COMMITTEES  WITH  INFORMATION, DATA, AND
ANALYSES FOR THE PERFORMANCE OF THEIR DUTIES AND FUNCTIONS.
  8. ON OR BEFORE MAY  FIFTEENTH  OF  EACH  YEAR,  THE  DIRECTOR,  AFTER
CONSULTATION WITH THE APPROPRIATE COMMITTEES OF THE ASSEMBLY AND SENATE,
SHALL  SUBMIT TO THE SENATE STANDING COMMITTEE ON FINANCE AND THE ASSEM-
BLY STANDING COMMITTEE ON WAYS AND MEANS A REPORT LISTING:
  (A) ALL PROGRAMS AND ACTIVITIES FUNDED DURING THE FISCAL  YEAR  ENDING
MARCH  THIRTY-FIRST  OF  THE NEXT CALENDAR YEAR FOR WHICH AUTHORIZATIONS
FOR APPROPRIATIONS HAVE NOT BEEN ENACTED FOR THAT FISCAL YEAR; AND
  (B) ALL PROGRAMS AND ACTIVITIES FOR WHICH AUTHORIZATIONS FOR APPROPRI-
ATIONS HAVE BEEN ENACTED FOR THE FISCAL YEAR ENDING  MARCH  THIRTY-FIRST
OF THE NEXT CALENDAR YEAR, BUT FOR WHICH NO AUTHORIZATIONS FOR APPROPRI-
ATIONS HAVE BEEN ENACTED FOR THE FISCAL YEAR.
  9. THE DIRECTOR MAY EQUIP THE OFFICE WITH UP-TO-DATE COMPUTER CAPABIL-
ITY,  OBTAINED THE SERVICES OF EXPERTS AND CONSULTANTS IN COMPUTER TECH-
NOLOGY, AND DEVELOP TECHNIQUES FOR THE EVALUATION OF BUDGETARY  REQUIRE-
MENTS.
  10.  THE  DIRECTOR  OF  THE OFFICE SHALL CONDUCT CONTINUING STUDIES TO
ENHANCE COMPARISONS OF BUDGET OUTLAYS, CREDIT AUTHORITY, AND TAX EXPEND-
ITURES. AT THE REQUEST OF ANY CHAIRMAN 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. IN CONDUCTING A STUDY  ON  INTERGOVERNMENTAL  MANDATES,
THE DIRECTOR SHALL:
  (A)  SOLICIT  AND  CONSIDER INFORMATION OR COMMENTS FROM ELECTED OFFI-
CIALS (INCLUDING THEIR DESIGNATED REPRESENTATIVES)  OF  STATE  OR  LOCAL
GOVERNMENTS AS MAY PROVIDE HELPFUL INFORMATION OR COMMENTS;
  (B)  CONSIDER  ESTABLISHING  ADVISORY  PANELS  OF ELECTED OFFICIALS OR
THEIR DESIGNATED REPRESENTATIVES, OF STATE OR LOCAL GOVERNMENTS  IF  THE
DIRECTOR  DETERMINES  THAT  SUCH  ADVISORY  PANELS  WOULD  BE HELPFUL IN
PERFORMING RESPONSIBILITIES OF THE DIRECTOR UNDER THIS SUBDIVISION; AND
  (C) IF, AND TO THE EXTENT THAT THE DIRECTOR DETERMINES  THAT  ACCURATE
ESTIMATES ARE REASONABLY FEASIBLE, INCLUDE ESTIMATES OF:
  (I)  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. 8392                             5

  (II)  ANY  DISPROPORTIONATE  BUDGETARY  EFFECTS OF STATE MANDATES UPON
PARTICULAR INDUSTRIES OR SECTORS OF THE ECONOMY, STATE, REGION, LOCALITY
AND URBAN OR RURAL OR OTHER TYPES OF COMMUNITIES, AS APPROPRIATE.
  (D)  IN  CONDUCTING  A  STUDY ON PRIVATE SECTOR MANDATES, THE DIRECTOR
SHALL PROVIDE ESTIMATES, IF AND TO THE EXTENT THAT THE  DIRECTOR  DETER-
MINES THAT SUCH ESTIMATES ARE REASONABLY FEASIBLE, OF:
  (I)  FUTURE  COSTS OF STATE PRIVATE SECTOR MANDATES TO THE EXTENT THAT
SUCH MANDATES DIFFER SIGNIFICANTLY FROM OR EXTEND BEYOND  THE  FIVE-YEAR
TIME PERIOD;
  (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,
STATE, COUNTY, REGION, LOCALITY, AND URBAN OR RURAL OR  OTHER  TYPES  OF
COMMUNITIES; AND
  (III) THE EFFECT OF STATE PRIVATE SECTOR MANDATES IN THE BILL OR JOINT
RESOLUTION  ON  THE STATE ECONOMY, INCLUDING THE EFFECT ON PRODUCTIVITY,
ECONOMIC GROWTH, FULL  EMPLOYMENT,  CREATION  OF  PRODUCTIVE  JOBS,  AND
INTERNATIONAL COMPETITIVENESS OF NEW YORK STATE GOODS AND SERVICES.
  S  78.  PUBLIC  ACCESS  TO  BUDGET  DATA.  1. RIGHT TO COPY. EXCEPT AS
PROVIDED IN SUBDIVISIONS THREE, FOUR, AND  FIVE  OF  THIS  SECTION,  THE
DIRECTOR  SHALL  MAKE  ALL  INFORMATION, DATA, ESTIMATES, AND STATISTICS
OBTAINED UNDER SECTION SEVENTY-SIX OF THIS ARTICLE AVAILABLE FOR  PUBLIC
COPYING  DURING  NORMAL  BUSINESS HOURS, SUBJECT TO REASONABLE RULES AND
REGULATIONS, AND SHALL TO THE EXTENT PRACTICABLE, AT THE REQUEST OF  ANY
PERSON,  FURNISH  A  COPY  OF  ANY SUCH INFORMATION, DATA, ESTIMATES, OR
STATISTICS UPON PAYMENT BY  SUCH  PERSON  OF  THE  COST  OF  MAKING  AND
FURNISHING SUCH COPY.
  2.  INDEX. THE DIRECTOR SHALL DEVELOP AND MAINTAIN FILING, CODING, AND
INDEXING SYSTEMS THAT IDENTIFY THE  INFORMATION,  DATA,  ESTIMATES,  AND
STATISTICS  TO  WHICH  SUBDIVISION ONE OF THIS SECTION APPLIES AND SHALL
MAKE SUCH SYSTEMS AVAILABLE FOR PUBLIC USE DURING NORMAL BUSINESS HOURS.
  3. EXCEPTIONS. SUBDIVISION ONE OF THIS  SECTION  SHALL  NOT  APPLY  TO
INFORMATION, DATA, ESTIMATES, AND STATISTICS WHICH:
  (A) ARE SPECIFICALLY EXEMPTED FROM DISCLOSURE BY LAW; OR
  (B) THE DIRECTOR DETERMINES WILL DISCLOSE:
  (I) MATTERS NECESSARY TO BE KEPT SECRET IN THE INTERESTS OF THE PUBLIC
PROTECTION OF THE STATE OF NEW YORK;
  (II)  INFORMATION RELATING TO TRADE SECRETS OR FINANCIAL OR COMMERCIAL
INFORMATION PERTAINING SPECIFICALLY TO A GIVEN PERSON IF THE INFORMATION
HAS BEEN OBTAINED BY THE GOVERNMENT ON A CONFIDENTIAL BASIS, OTHER  THAN
THROUGH  AN APPLICATION BY SUCH PERSON FOR A SPECIFIC FINANCIAL OR OTHER
BENEFIT, AND IS REQUIRED TO BE KEPT SECRET IN  ORDER  TO  PREVENT  UNDUE
INJURY TO THE COMPETITIVE POSITION OF SUCH PERSON; OR
  (III)  PERSONNEL  OR  MEDICAL  DATA  OR SIMILAR DATA THE DISCLOSURE OF
WHICH WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVA-
CY;
  UNLESS THE PORTIONS CONTAINING SUCH MATTERS, INFORMATION, OR DATA HAVE
EXCISED.
  4. INFORMATION OBTAINED FOR COMMITTEES AND MEMBERS. SUBDIVISION ONE OF
THIS SECTION SHALL  APPLY  TO  ANY  INFORMATION,  DATA,  ESTIMATES,  AND
STATISTICS  OBTAINED  AT  THE REQUEST OF ANY COMMITTEE, OR MEMBER UNLESS
SUCH COMMITTEE OR MEMBER HAS INSTRUCTED THE DIRECTOR NOT  TO  MAKE  SUCH
INFORMATION,  DATA,  ESTIMATES, OR STATISTICS AVAILABLE FOR PUBLIC COPY-
ING.
  5. LEVEL OF CONFIDENTIALITY.  WITH RESPECT TO INFORMATION, DATA, ESTI-
MATES, AND STATISTICS OBTAINED UNDER SECTION SEVENTY-SIX OF  THIS  ARTI-

S. 8392                             6

CLE, THE DIRECTOR SHALL MAINTAIN THE SAME LEVEL OF CONFIDENTIALITY AS IS
REQUIRED  BY LAW OF THE DEPARTMENT, AGENCY, DIVISION, OFFICE, COMMISSION
OR PUBLIC AUTHORITY FROM WHICH IT IS OBTAINED. OFFICERS AND EMPLOYEES OF
THE  OFFICE  SHALL  BE SUBJECT TO THE SAME STATUTORY PENALTIES FOR UNAU-
THORIZED DISCLOSURE OR USE AS OFFICERS OR EMPLOYEES OF  THE  DEPARTMENT,
AGENCY,  DIVISION,  OFFICE, COMMISSION OR PUBLIC AUTHORITY FROM WHICH IT
IS OBTAINED.
  S 79. ANNUAL REPORT. 1.  THE OFFICE SHALL SUBMIT AN ANNUAL  REPORT  TO
THE  TEMPORARY  PRESIDENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
WHICH SHALL INCLUDE:
  (A) DOCUMENTATION OF FISCAL POLICIES OF THE  STATE,  INCLUDING  BUDGET
AUTHORITY;
  (B)  WRITTEN  ESTIMATES  OF  ANTICIPATED  STATE REVENUES FOR BUDGETARY
PURPOSES;
  (C) PROJECTED ECONOMIC FACTORS AND FORECASTS; AND
  (D) SUMMARIZATION OF THE BUDGET PROPOSED BY THE GOVERNOR  PURSUANT  TO
ARTICLE SEVEN OF THE CONSTITUTION.
  2.  SUCH REPORT SHALL BE SUBMITTED ON THE FIRST OF MARCH EACH YEAR FOR
THE NEXT SUCCEEDING FISCAL YEAR. AFTER SUBMISSION TO THE TEMPORARY PRES-
IDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, SUCH  REPORT  SHALL
BE MADE AVAILABLE TO THE PUBLIC, UPON REQUEST.
  S 2. This act shall take effect immediately.

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Senate Bill S8392

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2009-S8392 (ACTIVE) - Details

2009-S8392 (ACTIVE) - Summary

2009-S8392 (ACTIVE) - Sponsor Memo

2009-S8392 (ACTIVE) - Bill Text download pdf

Comments