Creates the non-partisan legislative budget office; directs such office shall provide information to legislative committees of the senate and assembly with respect to the state budget, appropriation bills and other bills providing budget authority or tax expenditures; requires such office to report to the temporary president of the senate, the senate minority leader, the speaker of the assembly and the assembly minority leader.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11040
SPONSOR: Rajkumar TITLE OF BILL:
An act to amend the legislative law, in relation to creation of the
non-partisan legislative budget office
PURPOSE OR GENERAL IDEA OF BILL:
Creates a nonpartisan budget office to provide budget related informa-
tion to the committees of the senate and assembly.
SUMMARY OF PROVISIONS:
SECTION 1. Creates a new Article 4-B of the Legislative Law, titled
NON-PARTISAN LEGISLATIVE BUDGET OFFICE (NPLBO or The Office) and adds
new sections 76 and 77.
Section 76. 1. Defines Office, Director and Super-Majority Vote. 2.
Creates the NPLBO by a joint resolution and establishes how the director
is to be appointed. 3. Gives the Director authority to appoint a deputy
director. 4. States the Director shall hold no other public office while
serving and gives the Legislature the authority to decide the Director's
compensation. 5. Details how the Director may be removed.
Section 77. Establishes the powers and duties of the NPLBO. 1.a. The
Office shall (i) provide information to legislative committees with
respect to the state budget, appropriation and programmatic bills and
other bills that provide budget authority or tax expenditures (ii) exam-
ine and review all financial and programmatic information of the state
to determine if the proposed state budget is balanced (iii) render
anticipated revenue forecast reports to the legislature and governor to
ensure a timely budget (iv) assist in determining the fiscal impact of
proposed legislation per the request of the legislature. b. The Director
shall develop a priority system for processing requests for fiscal
impact statements when requested by a legislator for their bills. c. The
Director will give legislators a description of the priority system for
processing requests. 2. Any committee chair or ranking member, to the
extent practicable, may request The Office provide information to assist
in the discharge within the committee. 3. The Director my appoint staff.
4.a. The Office shall submit a report to the Temporary President, Senate
Minority Leader, Speaker, and Assembly Minority Leader to include (i) I0
estimates of anticipated state revenues (ii) projected economic factors
and forecasts (iii) a summarization of the governor's proposed budget
and (iv) alternative revenue sources that could be used in the executive
budget. b. Establishes when the report should be submitted, and in which
order it should be released. 5.a. Establishes how the NPLBO is to be
funded. b. Outlines the Director's procurement allotments.
SECTION 2. Amends Section 30 of the Legislative Law to read as follows:
Duties of finance and ways and means committees and secretaries and of
the legislative budget office and its director.
SECTION 3. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
JUSTIFICATION:
A Non-partisan Legislative Budget Office (NPLBO) should be created in
order to provide objective analysis of the states budget and fiscal
situation. Modeled on the Congressional Budget Office (CEO), the mission
of the NPLBO will be to provide budget, economic and policy analysis for
the residents of the state and its elected officials. Their role at the
NPLBO will be to increase the legislatures understanding of the budget
and how it affects New Yorkers.Currently, the majority and minority
parties of each house of the Legislature as well as the governor have a
fiscal and budget staff to provide them insight into the financial
matters of the state. These partisan offices provide information solely
to their respective membership. This costly and duplicative process
entrenches the parties and reinforces their positions. Rather than using
unbiased figures, each house uses its numbers to the advantage of their
priorities and at the expense of their adversaries. The result has been
a protracted budget debate where positions are staked, and compromise is
limited. A single nonpartisan budget office will ameliorate the situ-
ation and provide all the members with raw data which they can utilize
in shaping a policy debate among their colleagues
The effectiveness of the NPLBO rests squarely on its ability to serve
all members of the Legislature, regardless of the house in which they
serve or the side of the isle on which they sit. To achieve this end,
under this legislation, majority and minority members would be granted
equal access to the services of the NPLBO and reports it prepares. At
the committee level, the NPLBO would have to respond to requests for
information from the chairs and ranking members of Senate and Assembly
committees. At the member level, the NPLBO would have to provide assist-
ance in preparing fiscal notes for bills at the request of any legisla-
tor. This request would be based on a priority processing system devel-
oped by the Director in consultation with the chairs and ranking members
of the Senate Standing Committee on Finance and Assembly Ways and Means
Committee. Further, to help build trust between the NPLBO and the Senate
and Assembly, the new office's Director would be selected regardless of
his or her political affiliation by the majority leaders of the Senate
and Assembly, in consultation with the minority leaders of the Senate
and Assembly. The Director shall then be appointed by a joint resolution
requiring a super majority vote of both the Senate and Assembly.
PRIOR LEGISLATIVE HISTORY:
A03741 2023-24
A. 8636 (Galef) referred to governmental operations and S.6819 (Salazar)
referred to investigations and government operations of 2021/2022
A. 1835 and S. 3287 of 2019/2020
A. 10579 and S. 4583 of 2017/2018
A. 8600 and S. 4583 of 2017/2018 (Original Assembly Sponsor Left)
A. 5717 and S. 2672 of 2015/2016
A. 79 and S. 3450 of 2013/2014
A. 5927 and S. 445 of 2011/2012
A. 653-A and S. 4526-A of 2009/2010
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Revenue neutral. The legislative budget office shall be funded from the
Legislative Budget, with equal allocations provided by the senate and
the assembly as they deem appropriate.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
11040
IN ASSEMBLY
April 23, 2026
___________
Introduced by M. of A. RAJKUMAR, GONZALEZ-ROJAS -- 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:
1 Section 1. The legislative law is amended by adding a new article 4-B
2 to read as follows:
3 ARTICLE 4-B
4 NON-PARTISAN LEGISLATIVE BUDGET OFFICE
5 Section 76. Non-partisan legislative budget office.
6 77. Powers and duties of the office; report.
7 § 76. Non-partisan legislative budget office. 1. For purposes of this
8 article:
9 a. "Office" means the non-partisan legislative budget office estab-
10 lished in this article; and
11 b. "Director" means the director of the non-partisan legislative budg-
12 et office.
13 c. "Super-majority vote" means a vote requiring two-thirds of the
14 members elected to each branch of the legislature.
15 2. There is hereby created a non-partisan legislative budget office.
16 The head of such office shall be the director who shall be appointed by
17 a joint resolution requiring a super-majority vote of both of the senate
18 and assembly for a term of seven years. The temporary president of the
19 senate and speaker of the assembly, in consultation with the senate
20 minority leader and assembly minority leader shall reach a consensus on
21 a candidate for the director position on which the senate and assembly
22 shall vote. The director of the legislative budget office shall be
23 appointed without regard to political affiliation and solely on the
24 basis of fitness to perform the duties assigned by this article.
25 3. A deputy director shall be appointed by the director. Any individ-
26 ual appointed as director to fill a vacancy prior to the expiration of a
27 term shall serve only for the unexpired portion of that term. Any indi-
28 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.
LBD10428-01-5
A. 11040 2
1 serve until their successor is appointed. Any deputy director shall
2 serve until the expiration of the term of office of the director who
3 appointed them, and until their successor is appointed, unless sooner
4 removed by the director.
5 4. The director shall hold no other public office while serving as
6 the director. The director shall receive such compensation as may be
7 fixed by the legislature.
8 5. The director may be removed by either the assembly or the senate by
9 resolution requiring a two-thirds vote of the members elected to either
10 branch of the legislature.
11 § 77. Powers and duties of the office; report. 1. a. The office shall:
12 (i) provide information to the legislative committees of the senate
13 and assembly with respect to the state budget, appropriation and
14 programmatic bills and other bills providing budget authority or tax
15 expenditures;
16 (ii) examine and review all financial and programmatic information of
17 the state for the purpose of rendering revenue estimates used in deter-
18 mining whether any proposed state budget is balanced;
19 (iii) be charged with the duty of rendering anticipated revenue fore-
20 cast reports to the legislature and the governor for the purposes of
21 facilitating passage of the state budget in a timely manner; and
22 (iv) provide assistance in determining the fiscal impact of proposed
23 legislation at the request of a member of the senate and assembly.
24 b. The director shall develop, in consultation with the chairs and
25 ranking members of the senate standing committee on finance and the
26 assembly ways and means committee, a priority system for processing
27 requests from legislators for fiscal impact statements for their legis-
28 lation.
29 c. The director shall provide all members of the senate and assembly
30 with a description of the priority system for processing requests from
31 legislators for fiscal impact statements for their legislation.
32 2. At the request of any committee chair or ranking member of the
33 senate or assembly, to the extent practicable, the legislative budget
34 office shall provide to such committee any information which will assist
35 in the discharge of matters within the jurisdiction of such committee.
36 3. The director may appoint budget analysts, assistants and such other
37 employees as they may deem necessary or desirable, prescribe such
38 employee's duties and fix such employee's compensation within the
39 amounts appropriated and made available therefor.
40 4. a. The office shall submit a report to the temporary president of
41 the senate, senate minority leader, the speaker of the assembly and
42 assembly minority leader, which shall include:
43 (i) written estimates of anticipated state revenues for budgetary
44 purposes;
45 (ii) projected economic factors and forecasts;
46 (iii) summarization of the budget proposed by the governor pursuant to
47 article seven of the constitution; and
48 (iv) revenue sources that could be used as alternatives to revenue
49 sources outlined in the executive budget.
50 b. Such report shall be submitted on the first of March each year for
51 the next succeeding fiscal year. After submission to the temporary pres-
52 ident of the senate, senate minority leader, the speaker of the assembly
53 and assembly minority leader, such report shall be made available to the
54 public, upon request.
A. 11040 3
1 5. a. The legislative budget office shall be funded from legislative
2 appropriations provided annually, with equal allocations provided by the
3 senate and the assembly as each house deems appropriate.
4 b. The director may procure, within the amounts appropriated and made
5 available therefor, up-to-date computer equipment, obtain the services
6 of experts and consultants in computer technology.
7 § 2. Section 30 of the legislative law, as amended by chapter 766 of
8 the laws of 2005, is amended to read as follows:
9 § 30. Duties of finance and ways and means committees and secretaries
10 and of the legislative budget office and its director. The committees
11 and their secretaries and of the legislative budget office and its
12 director shall have access at all reasonable times to offices of state
13 departments, commissions, boards, bureaus and offices, to institutions
14 and to all state authorities and public works of the state and they may,
15 for the purpose of obtaining information as to the method of operation,
16 general condition, management and needs thereof, examine the books,
17 papers and public records therein. Notwithstanding any other provision
18 of law such state departments, commissions, boards, bureaus, offices,
19 state authorities and institutions shall through their proper officers
20 or deputies furnish to such committees and the legislative budget office
21 such data, information or statements as may be necessary for the proper
22 exercise of their powers and duties and for the purpose of carrying into
23 effect the provisions of this article. The finance and ways and means
24 committee in exercising the powers and performing the duties prescribed
25 by this article may act jointly, or separately, as they deem advisable.
26 § 3. This act shall take effect immediately.
