NYS budget is overdue; it's time for action in Albany — again

The 2025-26 state budget was due more than a week ago. Albany lawmakers have authorized $1.8 billion in emergency spending to keep the state government running and will likely need yet another stopgap measure soon. The most sensible plan is to quickly resolve the nonfiscal issues, then turn to a longer-range effort — reacting to the global chaos caused by President Donald Trump's tariff turmoil and the domestic threat of cuts in federal funding.

Gov. Kathy Hochul is committed to pushing for several legislative changes in the budget, where she has the most leverage. That will require patience and flexibility on all sides, and if a delayed budget means lawmakers don't get paid, then the question can be asked: What were you doing the last three months?

The nonfiscal priorities shouldn't be difficult. They include curbing cellphones in schools, making easier involuntary custody of troubled homeless people who can’t or won’t care for themselves, and tightening earlier changes in criminal procedure law that cause too many cases involving serious crimes to be dismissed for technicalities.

A salient proposal for evidence disclosures in criminal cases supported by prosecutors statewide is now the biggest sticking point. Discovery requirements that were tightened in 2019 were unrealistic. In the years since, prosecutors statewide have expressed continued dismay at valid criminal cases being tossed out, delayed or undermined due to what they see as inconsequential evidentiary transgressions. By now, both houses have enough information to decide this issue but the Assembly and Senate can't seem to put any proposed wording for changes on the table.

Well, time's up. The evidentiary rules are overdue for adjustment. As the District Attorneys Association of the State of New York says: "Even with the proposed changes, New York will still have the most open and transparent criminal discovery law in the country."

Separately, dark clouds loom over major components of the annual fiscal plan. The state’s ability to spend and pay labor and pension costs will face constraints amid economic uncertainty and volatile markets. This budget is bound to need midyear changes. 

The Republicans who control Washington plan to deplete aid to states and municipalities. Albany's Democratic-controlled Legislature shouldn’t use this as an excuse to splurge. New York, its counties, and its cities may need to compensate for a loss of some federal services. But that takes more fiscal discipline, not less. Increasing the Metropolitan Transportation Authority payroll tax for employers in regions the MTA serves is being discussed; that should be a last resort and only if the burden is reduced on small businesses.

Political players will rev up finger-pointing in the days ahead. But at some point, everyone in power will need to confront real crises, whoever created them. Whether it's crime, school funding or delivery of health services, resolutions will come only if we all agree we are in the same boat.