Late NYS budgets have evolved into a strategy by governors to get policy issues approved
Gov. Kathy Hochul speaks at a news conference in Manhattan on Feb. 20. Governors have a lot of the leverage during state budget negotiations to get policy objectives approved. Credit: AP/Julia Demaree Nikhinson
ALBANY — Whether a kid can have a cellphone in class and how lieutenant governors are elected are the kinds of issues that have made the state budget late, again, as it has been routinely since the 1980s. But now the practice of jamming more policies into closed-door negotiations for a late budget deal has evolved into a strategy.
"I’m truly not in any rush," Gov. Kathy Hochul said, three days after the budget that will exceed $252 billion was due by April 1 under law. "I will stay here as long as it takes to get the budget that I believe delivers for New Yorkers."
"We’ve had some success with policies that would never have happened," she said.
She then rattled off the victories she’s had using the leverage governors wield during budget negotiations to get her policy objectives. Her wins included an expansive plan to increase housing statewide and a tougher law concerning bail over the objections of many legislators of her own Democratic Party.
"I’m very successful in overtime," Hochul said.
Some of Hochul's fiscal measures, such as $3 billion in tax cuts including one-time rebate checks of up to $500 for most families, seems to have agreement, all sides said. Hochul’s budget proposal would increase state operating funds spending by $10.5 billion, or 7.9%.
Her budgets have been nine days late, 20 days late and 32 days late. Past governors missed the deadline by as much five months late, with few spending plans adopted by the start of the new fiscal year.
This year, legislators blame Hochul’s inclusion of a proposed cellphone ban in schools and reform of the way lieutenant governors are elected that could make them more beholden to governors. She added some policy after the budget was due.
In forming a late budget, governors have extraordinary leverage over the Legislature under the state constitution and subsequent Court of Appeals decisions 25 years ago. Governors can include policies in what are called Article VII bills, which originally were intended only for policy necessary to implement spending in the budget.
All governors, however, have used late budgets to include policy to avoid the legislative process. When a budget is late, a Legislature that rejects the governor’s policy could trigger a shutdown of state government if a governor digs in.
The practiced was expanded since 2015 under Gov. Andrew M. Cuomo and Hochul.
"The reasons that budgets are late is because governors use — in my opinion — the over-empowering that the Court of Appeals gave them to pretty much throw whatever they want into a budget," said Assembly Speaker Carl Heastie (D-Bronx). "That’s why year after year after year the budgets are late. It’s never late for the numbers."
Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) agreed.
"There is a lot of policy being discussed and every day there are new policies," the Yonkers Democrat said last week. "It just seems that the more it stays open, the more policies that emerge ... less policy would help."
Analysts said the practice should concern New Yorkers.
"I’m just astonished by the degree to which it’s accepted as a given," said E.J. McMahon of the Manhattan Institute for Policy Research. "She has taken this tactic to extreme."
McMahon said putting policy in a budget also gives political cover to legislators who can blame their vote on a controversial policy because it was part of one huge, interconnected budget deal.
Today, McMahon said Hochul and legislative leaders are haggling over state policy when they should be preparing President Donald Trump’s threat to cut billions of dollars in federal aid. State leaders said they don’t want to make preemptive painful cuts, but instead will hold a special session in the fall if necessary to cut the budget.
Patrick Orecki of the independent Citizens Budget Commission said Albany has developed a culture that "binds non-fiscal policymaking into the budget process ... lawmakers don't spend enough time focusing on the budget, and they don't spend enough time debating the policies."
The Democrats’ futility is a frequent target of Republicans, although Republicans who controlled the Senate for decades until 2019 and former Republican Gov. George Pataki were no more successful.
"I understand the hang-up is on policy issues," said Assemb. Ed Ra (R-Hempstead) last week. But he said he sees "no sense of urgency. He called passing a budget on time "one of our basic constitutional duties."
Some saw the flaws of the budget process up close.
Former Democratic Assemb. Catherine Nolan of Sunnyside, Queens said Hochul is pushing for her policies because she faces reelection next year "and being tough on the Legislature is part of an old Albany playbook."
She said legislators are forced to accept a governor’s policy that wouldn’t be approved in the legislative process in order to pass a budget.
"There are always poison pills in the budget," said Nolan, who retired three years ago after 38 years in the Assembly.
Former Gov. David Paterson also has concerns.
"I really thought budgets should be on time," Paterson said. "There were oaths taken and we should follow them, but if you don’t have all three [leaders], you have a problem."
He doesn’t blame Hochul for using the power under late budgets because budgeting is political hardball. But a review might be warranted.
"It’s something that I think at some point, it wouldn’t be bad ... to create a bipartisan commission to look at where the governor’s powers may be deemed superfluous and where those powers are limited," Paterson said.
ALBANY — Whether a kid can have a cellphone in class and how lieutenant governors are elected are the kinds of issues that have made the state budget late, again, as it has been routinely since the 1980s. But now the practice of jamming more policies into closed-door negotiations for a late budget deal has evolved into a strategy.
"I’m truly not in any rush," Gov. Kathy Hochul said, three days after the budget that will exceed $252 billion was due by April 1 under law. "I will stay here as long as it takes to get the budget that I believe delivers for New Yorkers."
"We’ve had some success with policies that would never have happened," she said.
She then rattled off the victories she’s had using the leverage governors wield during budget negotiations to get her policy objectives. Her wins included an expansive plan to increase housing statewide and a tougher law concerning bail over the objections of many legislators of her own Democratic Party.
WHAT NEWSDAY FOUND
- The practice of jamming policy issues into the closed-door negotiations over the state budget has evolved into a strategy that leads to late budgets.
- All governors have used late budgets to include policy to avoid the legislative process. When a budget is late, if a State Legislature rejects the governor’s policies, it could trigger a shutdown of state government.
- The budget for this fiscal year was due April 1; negotiations will continue next week.
"I’m very successful in overtime," Hochul said.
Some of Hochul's fiscal measures, such as $3 billion in tax cuts including one-time rebate checks of up to $500 for most families, seems to have agreement, all sides said. Hochul’s budget proposal would increase state operating funds spending by $10.5 billion, or 7.9%.
Her budgets have been nine days late, 20 days late and 32 days late. Past governors missed the deadline by as much five months late, with few spending plans adopted by the start of the new fiscal year.
This year, legislators blame Hochul’s inclusion of a proposed cellphone ban in schools and reform of the way lieutenant governors are elected that could make them more beholden to governors. She added some policy after the budget was due.
In forming a late budget, governors have extraordinary leverage over the Legislature under the state constitution and subsequent Court of Appeals decisions 25 years ago. Governors can include policies in what are called Article VII bills, which originally were intended only for policy necessary to implement spending in the budget.
All governors, however, have used late budgets to include policy to avoid the legislative process. When a budget is late, a Legislature that rejects the governor’s policy could trigger a shutdown of state government if a governor digs in.
The practiced was expanded since 2015 under Gov. Andrew M. Cuomo and Hochul.
"The reasons that budgets are late is because governors use — in my opinion — the over-empowering that the Court of Appeals gave them to pretty much throw whatever they want into a budget," said Assembly Speaker Carl Heastie (D-Bronx). "That’s why year after year after year the budgets are late. It’s never late for the numbers."
Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) agreed.
"There is a lot of policy being discussed and every day there are new policies," the Yonkers Democrat said last week. "It just seems that the more it stays open, the more policies that emerge ... less policy would help."
Analysts said the practice should concern New Yorkers.
"I’m just astonished by the degree to which it’s accepted as a given," said E.J. McMahon of the Manhattan Institute for Policy Research. "She has taken this tactic to extreme."
McMahon said putting policy in a budget also gives political cover to legislators who can blame their vote on a controversial policy because it was part of one huge, interconnected budget deal.
Today, McMahon said Hochul and legislative leaders are haggling over state policy when they should be preparing President Donald Trump’s threat to cut billions of dollars in federal aid. State leaders said they don’t want to make preemptive painful cuts, but instead will hold a special session in the fall if necessary to cut the budget.
Patrick Orecki of the independent Citizens Budget Commission said Albany has developed a culture that "binds non-fiscal policymaking into the budget process ... lawmakers don't spend enough time focusing on the budget, and they don't spend enough time debating the policies."
The Democrats’ futility is a frequent target of Republicans, although Republicans who controlled the Senate for decades until 2019 and former Republican Gov. George Pataki were no more successful.
"I understand the hang-up is on policy issues," said Assemb. Ed Ra (R-Hempstead) last week. But he said he sees "no sense of urgency. He called passing a budget on time "one of our basic constitutional duties."
Some saw the flaws of the budget process up close.
Former Democratic Assemb. Catherine Nolan of Sunnyside, Queens said Hochul is pushing for her policies because she faces reelection next year "and being tough on the Legislature is part of an old Albany playbook."
She said legislators are forced to accept a governor’s policy that wouldn’t be approved in the legislative process in order to pass a budget.
"There are always poison pills in the budget," said Nolan, who retired three years ago after 38 years in the Assembly.
Former Gov. David Paterson also has concerns.
"I really thought budgets should be on time," Paterson said. "There were oaths taken and we should follow them, but if you don’t have all three [leaders], you have a problem."
He doesn’t blame Hochul for using the power under late budgets because budgeting is political hardball. But a review might be warranted.
"It’s something that I think at some point, it wouldn’t be bad ... to create a bipartisan commission to look at where the governor’s powers may be deemed superfluous and where those powers are limited," Paterson said.

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SARRA SOUNDS OFF: Interview with Hills West's Anthony Raio On the latest episode of "Sarra Sounds Off," Half Hollow Hills West lacrosse and football star Anthony Raio, plus West Babylon honors recent car crash victims.