ostrich-150x150-5173435For the eighth consecutive year, New York’s governor and Legislature have failed to comply with a decade-old law designed to foster a “quick start” of the state budget-making process for the next fiscal year.

Under the Budget Reform Act of 2007 (Section 23.5 of State Finance Law), representatives of the governor, the Legislature and the state comptroller were supposed to hold a public meeting by Nov. 15 “for the purpose of jointly reviewing available financial information to facilitate timely adoption of a budget for the next fiscal year,” which begins April 1.

Also by Nov. 15, the governor and legislative majorities were required to “jointly prepare and make available on their internet websites a report on the actual, estimated and projected state receipts and state disbursements for the prior, current and ensuing fiscal years, respectively, for all funds of the state.”

As usual, no such meeting was held and no reports were issued. In fact, the Nov. 15 meeting and joint reporting deadline was last met back in 2009, when David Paterson was governor. Since he succeeded Paterson almost seven years ago, Andrew Cuomo has made it clear that he has no interest in complying with the Budget Reform Act. As the Daily News reported in November 2011:

Cuomo scoffed at questions about when his office and the Legislature might come up with a consensus revenue forecast as called for in the quick start budget process enacted in 2007. The law was not only supposed to jumpstart the budget process but also provide more transparency to the process.

“I’m slightly amused by the questions about–‘well you’re not following all the rules set up by the budget process to get a budget on time, when, by the way, the rules never got a budget on time,’” Cuomo told reporters at the Capitol.

“But the concept of working closely with the Legislature so that you can hopefully facilitate a budget on time, that we are doing and that we have been doing,” he added.

He called the “quick start” for the budget process, “probably an oxymoron on the first place.”

Cuomo also has a perfect record of non-compliance with the older Finance Law provision requiring the governor to issue financial plan updates within 30 days of the end of every fiscal quarter—including a mid-year report due by the end of October. This year’s mid-year update was issued by the Division of the Budget last Friday afternoon, 10 days behind schedule.

The current governor’s disregard for the law is mirrored by the legislative majorities, whose leaders and members show no apparent interest in sharing information on the fiscal outlook.

This is all a far cry from the happy hyperbole that surrounded the Budget Reform Act amendments when they were passed unanimously by the Assembly and Senate in January 2007, just a few weeks into the tenure of then-Gov. Eliot Spitzer. To mark the occasion, the Senate Republican Majority issued a celebratory news release featuring this quote from Sen. Cathy Young, then a junior member of the conference:

“The [budget process reform] bills reflect the Senate’s decade long fight to reform the State budget process … Far too frequently, the budget has been late and we must do everything we can to ensure a transparent and accountable process in crafting the state’s fiscal plan. Our bill includes many of the reforms that we have fought for, but the greater openness is needed and my colleagues and I will continue to push for further reforms.”

Young is now chairman of the Senate Finance Committee, which means she is among those primarily responsible for enforcing and abiding by the Finance Law.

You may also like

Email Confirms Early Contact Between NY Officials and CDPAP Contractor

State officials met with the ultimate winner of a $1 billion Medicaid contract two weeks before the Legislature authorized bidding on the job as part of the state's 2024-25 budget, an email obtained by the Empire Center sho Read More

From Promises to Vetoes: Hochul’s Actions Belie Her Commitment to Transparency

Governor Kathy Hochul made news this fall when she used her legislative veto power in a way that looked personal. That’s how Albany watchers and the target, Senator James Skoufis, w Read More

Budget Update Paints Less Alarming Picture of Federal Health Cuts

A new fiscal report from the state Budget Division suggests federal funding cuts will hit New York's health-care budget less severely than officials have previously warned. A relea Read More

Parsing the Impact of Mamdani’s Tax Hike Plans

The front-running candidate for New York City mayor, Zohran Mamdani, has said he can finance his costly campaign promises – including free buses and universal child care – by taxing only a sliver of the city's residents Read More

K-12 SOS. Buffalo City School District

K-12 SOS is a pilot project of the Empire Center to inform parents, politicians, and decision-makers about the state of K-12 education in New York State. Determining why certain schools perform better than others is beyond the scope of this research. Read More

DOH Ducks a Simple Question on Covid in Nursing Homes

Five years after the coronavirus pandemic, the state Department of Health is pleading ignorance about one of its most hotly debated policy choices of the crisis – a directive that sent thousands of infected patients into Read More

An Eerie Silence About the State of Education in New York

A by National Assessment of Educational Progress (NAEP) lamented the declining state of U.S. education by highlighting how scores in grade 12 math and reading have hit record lows. While Covid-19 was definitely a factor, others correctly pointed out that Read More

In the Fight Over ACA Tax Credits, the Stakes Are Lowest for New York

As Washington skirmishes over the future of enhanced tax credits under the Affordable Care Act, New York has relatively little to gain or lose. The number of New Yorkers using any A Read More