It’s no secret that the state’s budget-crafting system needs to be improved for every New Yorker. This plan will bring transparency, accountability and efficiency to the process, and above all, will help ensure on-time budgets in the years to come.

A decision by the state’s highest court has dramatically altered the checks and balances of state government – giving the governor a near stranglehold over the budget process. The Court of Appeals decision makes it much harder for the Legislature to restore the governor’s cuts or prevent him from altering or sidestepping existing law.

Now, the governor is exploiting his newfound power by releasing a contingency budget only three days after he finished unveiling his budget proposal. The fine print in the contingency budget gives the governor total power to suspend, alter or modify any law, rule or regulation relating to state funding.

The governor’s budget language would give the governor nearly unlimited budget power. It states that “…the governor, in addition to all other powers conferred upon him by the state constitution and state law, shall have the power to suspend, alter or modify the operation of any law, rule or regulation relating to the apportionment, allocation, or expenditure of appropriated funds.”

The governor is attempting to steal the budget process and render the elected representatives in the legislature meaningless. It is vital that a constitutional amendment be passed ensuring that New York has the proper checks and balances that are expected and necessary in our democratic form of government.

Restoring the balance of power in the budget process

The Assembly’s new legislation and constitutional amendment to restore the balance of budget powers will:

·        require proposed spending to be consistent with existing law or proposed legislation, and when a consistency question arises, a fast-track review process will be triggered;

·        allow the Legislature to do more than simply reduce, strike or accept proposals in the governor’s budget that aren’t consistent with state law;

·        permit the Legislature to add items of appropriation to the governor’s budget based on proposed legislation introduced by the governor but modified or rejected by the Legislature; and

·        require the Legislature to explain the fiscal impact of any legislative additions to the governor’s budget proposal and identify its funding.

Implementing the reforms that are necessary for on-time budgets

·        move the start of New York’s fiscal year from April 1 to May 1 to allow for better revenue and spending projections and institute provisions to instill greater accountability in the process;

·        implement a contingency budget as a last resort if no spending plan is passed by May 1;

·        require a two-year appropriation for education aid that will help schools stay a step ahead by finally giving them the information they need, when they need it;

·        create a reserve fund in the state constitution to ensure sufficient funds exist for the payment of education aid in May and June of each year; and

·        establishes an independent nonpartisan budget office

The Senate passed the Assembly’s budget reform plan – it now awaits the governor’s signature – but the Senate has not passed the constitutional amendment legislation for a second time. I strongly urge the Senate to re-pass this vital constitutional amendment so it will be sure to go before the voters on Election Day, November 8th.