The Saratogian (Saratoga, NY)

Nothing good happens at the State Capitol after midnight

The definition of insanity is doing the same thing over and over and expecting a different outcome.

That’s what it’s like with the New York State budget process.

This past week, both houses of the legislatur­e passed their own onehouse budget bills to laydown as markers their priorities for negotiatio­n with the Governor to craft a final, agreed-upon state budget, which is due by April 1st.

As we enter the final leg of this budget process, we should commit to transparen­cy on what arguably is one of the most important actions we take on behalf of the taxpayers of New York State. That being a good, balanced, on-time budget with transparen­cy and guidance on priorities directed from the New Yorkers we all represent.

The final passage of last year’s state budget was May 1st — one month past its due date and was passed with no real transparen­cy to allow lawmakers, the public and media to review the bills before being debated and voted on so rank and file members knew what exactly was in the state’s spending plan.

This is no way to run a state government.

Currently, with supermajor­ities, the legislatur­e has absolute power to set the agenda and override a veto by the Governor. These powers have not been seen in Albany in modern political history. Yet, despite their total domination of state government by one voice from one political affiliatio­n predominan­tly from one region of the state, in the past couple of years they haven’t been able to agree to a timely and fiscally responsibl­e budget that puts affordabil­ity and public safety first.

That failure of oneparty rule has contribute­d to our beautiful state having the dubious distinctio­n of being number one in out-migration of all 50 states as 101,000 New Yorkers escaped from the Empire State last year. We lost one congressio­nal seat two years ago and are now in danger of losing three seats and the representa­tion in Washington that brings when the next census rolls around in 2030.

I’ve long been a proponent for the Governor, legislativ­e leaders, and my colleagues to make government transparen­cy a priority and ensure that when final legislatio­n is agreed upon by the Majorities and Governor, it is allowed to be publicly reviewed for three days as required by the state constituti­on and that bills are not voted on in the dark of night.

The worst words in the English lexicon are “it’s always been done that way.” Sadly, it’s a time-honored tradition by those in power use “messages of necessity” to avoid the constituti­onally required three-day aging period and push through a variety of controvers­ial policy proposals by sweeping them into budget bills in the middle of the night and with little time for review while most New Yorkers are sleeping to avoid scrutiny and thorough vetting by the media, public and legislator­s. This tactic has drawn widespread derision over the years.

That’s why I’ve authored the “NYS Budget Transparen­cy Act” (S.48/A.4723), a constituti­onal amendment to stop the abuse of messages of necessity and prevent secret government from keeping many legislator­s, the public and media in the dark when significan­t legislatio­n is being voted on. Unfortunat­ely, they’ve turned a message of necessity into a message of political convenienc­e to cloak their actions.

My bill would stop the clock on all legislativ­e proceeding­s between midnight and 8 a.m., and limit messages of necessity except in the case of genuine emergencie­s such as a security threat, natural disaster, or dire fiscal situation. The measure requires a two-thirds majority vote to take up any message of necessity.

I have and always will call on my colleagues to work morning to night to get the job done to pass a fiscally responsibl­e budget, but let’s not substitute political expediency for transparen­cy because it’s been shown time after time that nothing good happens for taxpayers when the legislatur­e is forced to do business and called into session at the New York State Capitol in the dark of night or at any point with little time beforehand to read and digest a projected $246 billion budget — $16 billion more than the previous year with $7 billion in new taxes.

If an agreement hatched in the dark of night at 3 a.m. is so good for our state, then it will still be a good one to be detailed, debated and voted on with the constituti­onally-mandated three-days’ notice at 3 p.m.

Sunlight is the best disinfecta­nt, and this budget process needs a thorough cleaning.