Amendment #12 to H2017

Establishing a Legislative Budget Office

Representatives Diehl of Whitman and O'Connell of Taunton moves to amend the order move to amend the bill by inserting the following rule:-

"LEGISLATIVE BUDGET OFFICE

Section XX. (a) There is hereby established the Joint Legislative Budget Office, hereinafter referred to as the “office”. The state chairman of each of the two leading political parties, the Chairs of the Joint Committee on Ways and Means, the minority leaders of both the House and Senate, and a dean of a business school located in the commonwealth, to be appointed by the governor as provided hereinafter, shall serve as a commission for the purposes of selecting the director of the office. The term of the dean of a business school shall be six years but shall expire if he should cease to act as dean; a successor shall be appointed within thirty days after the occurrence of a vacancy in said office. The dean of the business school shall act as chairman of said commission. Meetings of the commission may be called by the dean or by any two other members.

Selection of the director, who shall be a resident of the commonwealth, shall be by unanimous vote of the members of the commission. The commission shall select a successor director no later than thirty days prior to the expiration date of the term of the director and no later than sixty days after the occurrence of a vacancy in said office.

The director shall serve for a term of six years and, unless removed, until his successor has been selected and has assumed the office. He may not be removed from office except upon an affirmative vote of all of the members of the commission then serving. Removal of the director shall be at the discretion of the commission, and shall not be reviewable.

The director shall devote full time to his duties during normal business hours. Subject to appropriation, he shall receive a salary to be determined from time to time by a majority of the members present and voting at a duly-called meeting of the commission, a quorum being present. He shall not, during the term he serves as director, engage in any political activities of any nature, nor shall he hold any other public office; provided, however, that he shall be free to advise and consult with legislative committees, the members of the general court and other persons affected by the laws under his jurisdiction, and to advocate and sponsor legislation.

The director shall appoint such employees as the work of the office may require. The director shall establish the salaries, duties, and personnel regulations of all employees as he deems necessary to perform the duties of the office, provided however, the salaries of such employees shall not exceed the sum annually appropriated by the general court. The provisions of sections nine A and forty-five of chapter 30 and of chapter 31 shall not apply to the employees of the office.

(b)(1) The term of office of the Director shall be 6 years. Any individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only the unexpired portion of that term.

(2) The Deputy Director shall be appointed by the Director. Any Deputy Director shall serve until the expiration of the term of office of the Director who appointed him, unless sooner removed by the Director.

(c) The Director shall, subject to appropriation, appoint and may remove such employees, as he deems necessary to carry out the duties and functions of the office, and may determine their salaries and duties; provided, however, that the total amount of all such salaries shall not exceed the sum appropriated therefore by the general court. The personnel of the office shall include at least one certified public accountant and at least one attorney. All personnel of the office shall be appointed without regard to political affiliation and shall be appointed solely on the basis of their fitness to perform their duties. For purposes of pay, employment benefits, rights, privileges, and disciplinary matters, all personnel of the office shall be considered employees of the general court.

(d) The office shall be nonpartisan and may perform duties including, but not limited to, the following:

(1) advise and assist any committee of the senate or house of representatives, upon request, in the analysis, appraisal, and evaluation of legislative proposals within that committee’s jurisdiction or recommendations submitted to the general court by the governor or any agency, department or division within the executive branch, and by providing such other research and analytical services as the committee considers appropriate, or otherwise to assist in furnishing a basis for the proper evaluation and determination of legislative proposals and recommendations generally;

(2) advise and assist any member of the senate or house of representatives, upon request, on the fiscal impact of a bill or budget item, or review proposed legislation, provided, however, that the office shall have no legislative powers to originate or file legislation;

(3) prepare and provide information, research, and reference materials and services to committees and members of the senate and house of representatives to assist them in their legislative and representative functions;

(5) conduct studies, develop options, and make recommendations on fiscal matters that relate to the state budget, including:

(i) taxes and revenues, including the state tax expenditure budget;

(ii) finances;

(iii) grants to individual and private entities;

(7) review the proposed state budget at each stage of its consideration, and;

(8) conduct revenue forecasts.

(e) The office shall have the authority and ability to access documents maintained by agencies or authorities of the commonwealth relating to their expenditures, revenues, operations and organizational structures.

(f) The office shall provide an annual report detailing the work and performance of the office to the state library, the speaker of the house, the senate president, the chair of the house committee on ways and means, the chair of the senate committee on ways and means, the chairs of the house and senate post audit and oversight committees, and the minority leaders of both the house and senate. A copy of the same shall be filed with the clerk of the House of Representatives and the clerk of the senate on or before the 2nd Wednesday of November in each year.

(g) The office shall be considered a part of the general court for the purposes of public records under section 18 of chapter 66."

Additional co-sponsor(s) added to Amendment #12 to H2017

Establishing a Legislative Budget Office