Assembly Bill A10579

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10579
 
                           I N  A S S E M B L Y
 
                                May 7, 2018
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the legislative law, in  relation  to  creation  of  the
   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. POWERS AND DUTIES OF THE OFFICE; REPORT.
   §  76. NON-PARTISAN LEGISLATIVE BUDGET OFFICE. 1. FOR PURPOSES OF THIS
 ARTICLE:
   A. "OFFICE" MEANS THE NON-PARTISAN LEGISLATIVE  BUDGET  OFFICE  ESTAB-
 LISHED IN THIS ARTICLE; AND
   B. "DIRECTOR" MEANS THE DIRECTOR OF THE NON-PARTISAN LEGISLATIVE BUDG-
 ET OFFICE.
   C.  "SUPER-MAJORITY  VOTE"  MEANS  A  VOTE REQUIRING TWO-THIRDS OF THE
 MEMBERS ELECTED TO EACH BRANCH OF THE LEGISLATURE.
   2. THERE IS HEREBY CREATED A NON-PARTISAN LEGISLATIVE  BUDGET  OFFICE.
 THE  HEAD OF SUCH OFFICE SHALL BE THE DIRECTOR WHO SHALL BE APPOINTED BY
 A JOINT RESOLUTION REQUIRING A SUPER-MAJORITY VOTE OF BOTH OF THE SENATE
 AND ASSEMBLY FOR A TERM OF SEVEN YEARS.  THE TEMPORARY PRESIDENT OF  THE
 SENATE  AND  SPEAKER  OF  THE  ASSEMBLY, IN CONSULTATION WITH THE SENATE
 MINORITY LEADER AND ASSEMBLY MINORITY LEADER SHALL REACH A CONSENSUS  ON
 A  CANDIDATE  FOR THE DIRECTOR POSITION ON WHICH THE SENATE AND ASSEMBLY
 SHALL VOTE. THE DIRECTOR OF  THE  LEGISLATIVE  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.
   3. A DEPUTY DIRECTOR SHALL BE APPOINTED BY THE DIRECTOR. ANY  INDIVID-
 UAL APPOINTED AS DIRECTOR TO FILL A VACANCY PRIOR TO THE EXPIRATION OF A
 TERM  SHALL SERVE ONLY FOR THE UNEXPIRED PORTION OF THAT TERM. ANY INDI-
 VIDUAL SERVING AS DIRECTOR AT THE EXPIRATION OF THE TERM MAY CONTINUE TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01915-01-7

 A. 10579                            2
 
 SERVE UNTIL HIS OR HER SUCCESSOR IS  APPOINTED.    ANY  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 SHALL HOLD NO OTHER PUBLIC OFFICE WHILE SERVING AS
 THE DIRECTOR. THE DIRECTOR SHALL RECEIVE SUCH  COMPENSATION  AS  MAY  BE
 FIXED BY THE LEGISLATURE.
   5. THE DIRECTOR MAY BE REMOVED BY EITHER THE ASSEMBLY OR THE SENATE BY
 RESOLUTION  REQUIRING A TWO-THIRDS VOTE OF THE MEMBERS ELECTED TO EITHER
 BRANCH OF THE LEGISLATURE.
   § 77. POWERS AND DUTIES OF THE OFFICE; REPORT. 1. A. THE OFFICE SHALL:
   (I) PROVIDE INFORMATION TO THE LEGISLATIVE COMMITTEES  OF  THE  SENATE
 AND  ASSEMBLY  WITH  RESPECT  TO  THE  STATE  BUDGET,  APPROPRIATION AND
 PROGRAMMATIC BILLS AND OTHER BILLS PROVIDING  BUDGET  AUTHORITY  OR  TAX
 EXPENDITURES;
   (II)  EXAMINE AND REVIEW ALL FINANCIAL AND PROGRAMMATIC INFORMATION OF
 THE STATE FOR THE PURPOSE OF RENDERING REVENUE ESTIMATES USED IN  DETER-
 MINING WHETHER ANY PROPOSED STATE BUDGET IS BALANCED;
   (III)  BE CHARGED WITH THE DUTY OF RENDERING ANTICIPATED REVENUE FORE-
 CAST REPORTS TO THE LEGISLATURE AND THE GOVERNOR  FOR  THE  PURPOSES  OF
 FACILITATING PASSAGE OF THE STATE BUDGET IN A TIMELY MANNER; AND
   (IV)  PROVIDE  ASSISTANCE IN DETERMINING THE FISCAL IMPACT OF PROPOSED
 LEGISLATION AT THE REQUEST OF A MEMBER OF THE SENATE AND ASSEMBLY.
   B. THE DIRECTOR SHALL DEVELOP, IN CONSULTATION  WITH  THE  CHAIRS  AND
 RANKING  MEMBERS  OF  THE  SENATE  STANDING COMMITTEE ON FINANCE AND THE
 ASSEMBLY WAYS AND MEANS COMMITTEE,  A  PRIORITY  SYSTEM  FOR  PROCESSING
 REQUESTS  FROM LEGISLATORS FOR FISCAL IMPACT STATEMENTS FOR THEIR LEGIS-
 LATION.
   C. THE DIRECTOR SHALL PROVIDE ALL MEMBERS OF THE SENATE  AND  ASSEMBLY
 WITH  A  DESCRIPTION OF THE PRIORITY SYSTEM FOR PROCESSING REQUESTS FROM
 LEGISLATORS FOR FISCAL IMPACT STATEMENTS FOR THEIR LEGISLATION.
   2. AT THE REQUEST OF ANY COMMITTEE CHAIR  OR  RANKING  MEMBER  OF  THE
 SENATE  OR  ASSEMBLY,  TO THE EXTENT PRACTICABLE, THE LEGISLATIVE BUDGET
 OFFICE SHALL PROVIDE TO SUCH COMMITTEE ANY INFORMATION WHICH WILL ASSIST
 IN THE DISCHARGE OF MATTERS WITHIN THE JURISDICTION OF SUCH COMMITTEE.
   3. 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.
   4. A. THE OFFICE SHALL SUBMIT A REPORT TO THE TEMPORARY  PRESIDENT  OF
 THE  SENATE,  SENATE  MINORITY  LEADER,  THE SPEAKER OF THE ASSEMBLY AND
 ASSEMBLY MINORITY LEADER, WHICH SHALL INCLUDE:
   (I) WRITTEN ESTIMATES OF  ANTICIPATED  STATE  REVENUES  FOR  BUDGETARY
 PURPOSES;
   (II) PROJECTED ECONOMIC FACTORS AND FORECASTS;
   (III) SUMMARIZATION OF THE BUDGET PROPOSED BY THE GOVERNOR PURSUANT TO
 ARTICLE SEVEN OF THE CONSTITUTION; AND
   (IV)  REVENUE  SOURCES  THAT  COULD BE USED AS ALTERNATIVES TO REVENUE
 SOURCES OUTLINED IN THE EXECUTIVE BUDGET.
   B. 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, SENATE MINORITY LEADER, THE SPEAKER OF THE ASSEMBLY
 AND ASSEMBLY MINORITY LEADER, SUCH REPORT SHALL BE MADE AVAILABLE TO THE
 PUBLIC, UPON REQUEST.

 A. 10579                            3
 
   5.  A.  THE LEGISLATIVE BUDGET OFFICE SHALL BE FUNDED FROM LEGISLATIVE
 APPROPRIATIONS PROVIDED ANNUALLY, WITH EQUAL ALLOCATIONS PROVIDED BY THE
 SENATE AND THE ASSEMBLY AS EACH HOUSE DEEMS APPROPRIATE.
   B.  THE DIRECTOR MAY PROCURE, WITHIN THE AMOUNTS APPROPRIATED AND MADE
 AVAILABLE THEREFOR, UP-TO-DATE COMPUTER EQUIPMENT, OBTAIN  THE  SERVICES
 OF EXPERTS AND CONSULTANTS IN COMPUTER TECHNOLOGY.
   §  2.  Section 30 of the legislative law, as amended by chapter 766 of
 the laws of 2005, is amended to read as follows:
   § 30. Duties of finance and ways and means committees and  secretaries
 AND  OF  THE LEGISLATIVE BUDGET OFFICE AND ITS DIRECTOR.  The committees
 and their secretaries AND OF  THE  LEGISLATIVE  BUDGET  OFFICE  AND  ITS
 DIRECTOR  shall  have access at all reasonable times to offices of state
 departments, commissions, boards, bureaus and offices,  to  institutions
 and to all state authorities 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,  offices,
 state  authorities  and institutions shall through their proper officers
 or deputies furnish to such committees AND THE LEGISLATIVE BUDGET OFFICE
 such data, information or statements as may be necessary for the  proper
 exercise of their powers and duties and for the purpose of carrying into
 effect  the  provisions  of this article. The finance and ways and means
 committee in exercising the powers and performing the duties  prescribed
 by this article may act jointly, or separately, as they deem advisable.
   § 3. This act shall take effect immediately.