Assembly to Take Up Constitutional Amendments to
Restore Balance of Power between Legislature and Executive

Action Seeks to Make Budget Process More Timely,
Accountable and Open to the Public

Calling them "defining endeavors" for representative government in New York State, Assembly Speaker Sheldon Silver today announced at a Capitol news conference that the house would take up two constitutional amendments next week to "restore the balance of power between the executive and legislative branches and dramatically improve the state’s existing budget process."

A new constitutional amendment unveiled today by the Assembly directly responds to the December decision by the Court of Appeals, the state’s highest court, which stripped the Legislature of much of its power, handing the governor inordinate control in the budget-making process.

"The ability of the people of this state, as represented by the Legislature, to fight for public education, health care, higher education, effective economic-development policies and lower property taxes has been significantly weakened by a court decision that has empowered the governor of this state to a level well beyond that of any other executive in this nation," said Silver. "The Court of Appeals decision was a disservice to the people of New York, and today we put forward our plan to correct this injustice."

Silver noted that the court’s ruling created confusion both over the governor’s authority to change existing law within the budget bills he submits to the state Legislature and over the Legislature’s ability to respond in a meaningful manner. Unless the issue is addressed, the court’s decision could result in further budget delays.

Silver noted that there is disagreement over how revolutionary the court’s decision really is. Even Governor Pataki’s counsel has acknowledged that there are some ’grey areas’ in interpreting the court decision. "As such," said Silver, "the Legislature is left to conduct the public’s business without knowing the rules under which we or the executive are negotiating,"

He continued, "In a nutshell, the court’s decision seems to permit the governor to trump laws on the books, without any ability of the Legislature to amend his actions if he mixes those changes with budget appropriations. Thus, there is legislation without any input from the people through their elected Legislature. And for that reason, I have repeatedly asked the governor to remove the host of programmatic changes his budget language makes to existing state laws and programs. I urge him to amend his 30-day amendments so that his budget is presented in an untangled, clear and straightforward format."

Specifically, the amendment would:

• require proposed spending, as provided for in an appropriation bill, be consistent with existing law or proposed legislation; when a consistency question arises, a fast-track review process will be triggered;
• allow the Legislature to do more than simply reduce, strike or accept proposals in the governor’s budget that aren’t consistent with state law;
• permit the Legislature to add items of appropriation to the governor’s budget, based on proposed legislation introduced by the governor but modified or rejected by the Legislature; and
• require the Legislature to explain the fiscal impact of any legislative addition to the governor’s budget proposal and identify its funding.

In addition, the Assembly plans to give final passage to a budget reform constitutional amendment and legislation implementing changes (A.1 and A.2) agreed to by a bipartisan joint conference committee made up of rank-and-file members of the Assembly and Senate last year.

"This budget reform agreement will bring transparency, accountability and efficiency into a system that has been rife with gridlock. It is the product of many hours of work by Assemblymembers and Senators from both sides of the aisle," said Silver. "I applaud their determined efforts and urge the Senate to pass this budget reform constitutional amendment and let it go to the voters this fall."

"Once this passes both houses and the voters ratify the constitutional amendment, we in the Legislature, will have an improved budget process that will aid us in delivering an on-time budget to the people of New York," said Assemblyman Herman "Denny" Farrell, Jr., (D-Manhattan) chair of the Assembly Ways and Means Committee.

"In light of the recent Court of Appeals decision granting the governor unsurpassed power in the budget process, it is even more imperative we act to reform the budget process to ensure the budget is adopted in a fair and responsible way," stated Assemblyman Pete Grannis (D-Manhattan). "The budget reform package, previously negotiated and agreed upon by the Senate in an open forum, will ensure New York State residents benefit from closer oversight in spending, better long-term planning and the creation of a much needed independent budget office to provide the Legislature with objective revenue forecasts."

"I look forward to ending the problem of late state budgets that has plagued our state for 20 years, and beginning a new era of openness, accountability and timeliness," said Assemblymember Susan John (D - Rochester). "These reforms will help ensure fair, on-time state budgets that meet the needs of New Yorkers through better long-term and annual planning, closer oversight of spending, and more public input."

"As a member of last year’s Joint Legislative Budget Reform Conference Committee, I am committed to reforming the state’s budget process and believe these reforms will bring significant improvement to a system that has been broken," Assemblywoman RoAnn Destito (D-Rome) said. "With these reforms, such as the two year education formula and the establishment of an independent budget office, the New York State budget process will work more openly and efficiently."

The bipartisan budget reform agreement would move the start of New York’s fiscal year from April 1 to May 1 to allow for better revenue and spending projections and institute provisions to instill greater accountability in the process. If no budget is passed by May 1, a contingency budget equivalent to that of the preceding year would take effect.

The plan would also require a two-year appropriation for education aid that will help schools stay a step ahead by finally giving them the information they need, when they need it. The reforms will also create a reserve fund in the state Constitution to ensure education aid can be paid in May and June of each year.

In order to change the Constitution in New York State, amendments must pass both the Assembly and Senate in two consecutively elected Legislatures and then approved by the voters. While the amendment responding to the Court of Appeals decision is being voted on for the first time, the budget reform amendment achieved first passage by the Senate and Assembly last year. Once the Assembly passes the budget reform amendment this year, Senate approval is all that is needed for it to appear on the ballot in November.