NYS passes another emergency spending bill; tensions rise over late budget

ALBANY — The State Legislature on Monday authorized another $1.8 billion to keep state government running through Wednesday, as patience among legislators frayed over the late state budget.

The emergency spending bill includes pay for Gov. Kathy Hochul and her staff, but under state law, the pay for legislators is suspended when a budget isn’t in place by the April 1 start of the fiscal year. Now, the late budget threatens lawmakers’ two-week break, which is scheduled to begin Thursday.

"We need to do another extender and I’m not sure there is any change from last week," said Senate Finance Committee Chairwoman Liz Krueger (D-Manhattan).

This year’s third emergency spending bill extends spending for salaries for the executive and legislative staff employees, veterans services and Medicaid spending to hospitals.

Hochul said last week she will delay a budget deal as long as she must to get an agreement that includes her policy priorities.

"I read the governor’s comments," Krueger said Monday, days after she hoped a budget deal could be struck this week. "She said she is in no hurry to get a budget done ... It’s a darker day for me."

The delay in the closed-door negotiations rankled many legislators.

"Here we are day six, not even an idea of when a budget is going to be here," said Assemb. Chris Tague (R-Schoharie). "Who knows? Let’s make it 365” days. "I don’t care. What a joke this place is."

Hochul in the budget extender included only spending through Wednesday. That means the Legislature likely would have to be in Albany during their Passover-Easter break to vote on another emergency extender. Assembly Ways and Means Committee Chairman Gary Pretlow (D-Mount Vernon) said the next extender required to keep paying state salaries would be due April 15.

In past years, the Legislature has returned to Albany during the Passover-Easter break for a budget deal or to pass extenders.

Last week, Hochul jabbed at the Legislature, saying they were planning to go on vacation despite the late budget, but that she will stay on the job.

John Kaehny of the Reinvent Albany government watchdog group said protracted late budgets not only hurt fiscal planning by state and the local governments and school districts that depend on state aid, but impinges on the regular legislation session, scheduled to end June 12.

"The budget is when the governor has maximum negotiating power, so really short legislative sessions takes power away from the Legislature," Kaehny told Newsday.

Meanwhile, local district attorneys were in Albany to bolster one of Hochul’s policy proposals that faces some opposition from legislative leaders in the closed-door negotiations for a budget.

At issue is how much evidence a prosecutor must provide to a defense attorney in a criminal case before a defendant decides whether to take a plea bargain or fight the charges in court. Hochul has sought to require prosecutors to provide only substantial evidence, so that cases won’t be dismissed over inconsequential evidence or other "technicalities."

Legislative leaders, however, are fighting over what evidence would be considered inconsequential. Legislators want to avoid practices in past years when some prosecutors withheld important evidence until trial.

Hochul’s bill is needed "so we can avoid dismissals on technicalities," said Bronx District Attorney Darcel Clark.

"The proposal is about justice and compliance," Clark told reporters. "We are trying to level the playing field for victims."

But Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers), in a March 25 news conference, said, "We don't want cases thrown out because a paper isn't there. But we don't want wrongful convictions, either."

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.