As expected, the state Senate voted today to place on November’s statewide ballot a constitutional amendment that would greatly expand the Legislature’s budgeting power at the Governor’s expense. If enacted, it would represent the most sweeping shift of constitutional authority in New York State since the enactment of the current Executive Budget provisions (Article 4 and Article 7 of the Constitution) more than 75 years ago.
We’ve had a lot to say about this already — here, for instance — and will be saying more in the future.
For the time being, it’s sufficient to observe that the amendment (A2) would:
* give legislators a strong new incentive to stall budget action until they pass the start of a new fiscal year, and
* effectively outlaw late budgets solely by dint of creating an automatic and permanent contingency budget, subject to changes the Legislature alone could originate (with added spending still subject to the Governor’s veto).
Assuming the Legislature also moves the start of the state fiscal year from April 1 to May 1, as proposed in a separate implementing bill approved by both houses but vetoed Tuesday by Governor George Pataki, the first budget proposed by the next governor would be alive for just 89 days. The entire Executive Budget would then be automatically shoved into the trash if either house of the Legislature doesn’t like it — which, based on past experience, is highly likely.
Oh, and legislators will no longer forfeit pay for failing to pass a budget on time — because, under this amendment, inaction on the Executive Budget would be tantamount to “final action” as far as the Constitution is concerned.