New York budget delay: Discovery law change is key snag, lawmakers say - Newsday
ALBANY — Closed-door negotiations over the late state budget include proposals that could fund critical improvements to mass transit and enact a ban on student cellphones in schools, but talks are snagged on reforming a step in criminal trials, according to legislators.
Legislative leaders and rank-and-file legislators in interviews said progress is being made on the cornerstone of Hochul’s "affordability" budget proposals, including tax rebate checks of up to $500 and $3 billion in middle-class tax breaks. But many issues, including how much to increase school aid and several of Hochul’s policy goals, remain open nearly a week after the 2025-26 budget was due on April 1.
On one issue that the state Budget Director Blake Washington said the governor "can't compromise on," Hochul wants to adjust how much and how quickly prosecutors must provide substantial evidence in the "discovery" period before criminal trials.
Prosecutors say the state’s current law has resulted in dismissed cases based on "technicalities" of failing to provide even inconsequential evidence to defense attorneys by a tight deadlineDemocratic lawmakers say they don’t want to give prosecutors more power to decide what evidence can be withheld before trial or before a defendant considers whether to go to trial or accept a plea bargain.
"Discovery is probably the biggest logjam," said Assembly Speaker CarlHeastie (D-Bronx) said.
Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) said she won't divulge what's going on behind closed doors, but also said at a March 25 news conference that discovery was a contentious issue.
"We don't want cases thrown out because a paper isn't there ... but we don't want wrongful convictions, either," Stewart-Cousins said.
The broadest agreement appears to be that the state budget is likely going to get done much later this month.
"I’m truly not in any rush," Hochul said Thursday. "I will stay here as long as it takes to get the budget that I believe delivers for New Yorkers."
Hochul also tweaked lawmakers who hope to complete a budget before Thursday, which is the beginning of their Easter-Passover break until April 28.
"I know some of the legislators may be anxious to hit certain vacation plans," Hochul told reporters, "but I’m not going anywhere. I don’t take vacations ... We’re getting close, but summers are nice here, too."
The strategy of expressing a willingness to hold out longest has traditionally been a successful tool in Albany budget negotiations. For a governor, that strategy is strengthened by a state law under which the pay of legislators is suspended until a late budget is replace by a new budget. Legislative leaders, however, note that governors usually bear the political backlash of an excessively late budget.
In January, Hochul had proposed a $252 billion budget which increased spending by $8.6 billion, or 3.6%, in the "all funds" budget, which includes capital spending, special revenue and debt spending, according to the state Division of Budget.
Hochul and legislative leaders won’t disclose much if anything about their private negotiating. Last week, Washington referred to the secrecy as "the sanctity of the room."
However, legislative leaders must update their Democratic conferences after the sessions. Five veteran legislators who were in those Assembly and Senate conferences talked to Newsday and provided some detail on the negotiations based on those closed-door conferences. They declined to be identified because of orders from their leaders to honor the "sanctity of the room."
One major issue in negotiations is the need to fund the Metropolitan Transportation Authority capital plan to improve services and assets including the Long Island Rail Road and city subway system. On Monday, Washington told reporters leaders are looking at "regionwide" approach to funding the MTA that wouldrequire most employers in the suburbs, including on Long Island, to share the added costs. He wouldn’t elaborate.
On Thursday, however, Hochul said there is no agreement to seek revenue regionwide other than "no income tax increases."
"No, we have not decided on the final way to have the revenues to fund the MTA," Hochul told reporters. "We are talking about different options."
She said the options include raising the Metropolitan Commuter Transportation Mobility tax on most employers in New York City, Long Island and the northern suburbs, or spreading the cost statewide.
"It’s still an evolving situation," Hochul said.
The rank-and-file legislators told Newsday that internal discussions also include a proposal to increase the payroll, but only on the largest, most-profitable companies, most of which would be located in Manhattan. They said another active proposal would phase out the payroll tax for small- and medium-sized businesses and local governments.
Another Hochul policy in talks is a ban on students’ cellphones in schools. Heastie said Hochul’s "bell-to-bell" proposal to ban the cellphones throughout the school day to reduce distractions is "just about done ... with some tweaks." He wouldn’t elaborate.
The rank-and-file legislators told Newsday that those tweaks would allow some flexibility to school districts that already have effective policies.
Hochul also proposes to outlaw masks in publicto help police identify suspects, including those caught on surveillance videosHochul on Thursday refused to comment on its status, but Heastie and rank-and-file legislators did.
"Members of our conference raised concerns ... (and) support looking at other ways," Heastie said Thursday.
Legislators told Newsday those other ways to crack down on masks when used in crimes, but not for public protests by demonstrators who fear reprisals.
Hochul also wants to make it easier for police and the courts to send people they suspect of mental illness to evaluation at psychiatric wards. The "involuntary commitment" proposal seeks to aid law enforcement in subways and on the streets, but also to get ill people into care.
Hochul wouldn’t comment on the status of this and most of her other proposals.
Heastie said the contentious civil rights issue "is moving in the right direction," but there is difficulty turning the concept into bill text that would serve police and mentally ill people "in a practical setting."
Legislators said their leaders seek to make sure the state also better funds outpatient treatment so the patients aren’t discharged back to the streets without help.
Heastie has traditionally described the status of budget negotiations in spatial terms. He has said that the Legislature and governor can be far apart at the beginning of negotiations to the point that they are only in the same universe, with the governor on Earth and lawmakers millions of miles away. But just before a budget deal is struck, he has said the Legislature and governor are in the same neighborhood.
"Right now," Heastie said Thursday, "we are probably on Neptune. But I believe if we can resolve discovery we will perhaps be on Mars."
Hochul dismissed criticism of her record of four late state budgets. She said that tactic aided by the governor’s constitutional leverage over the Legislature in crafting a budget has won her policy objectives that wouldn’t likely have happened through the traditional legislative process.
"I’m very successful in overtime," Hochul said.
ALBANY — Closed-door negotiations over the late state budget include proposals that could fund critical improvements to mass transit and enact a ban on student cellphones in schools, but talks are snagged on reforming a step in criminal trials, according to legislators.
Legislative leaders and rank-and-file legislators in interviews said progress is being made on the cornerstone of Hochul’s "affordability" budget proposals, including tax rebate checks of up to $500 and $3 billion in middle-class tax breaks. But many issues, including how much to increase school aid and several of Hochul’s policy goals, remain open nearly a week after the 2025-26 budget was due on April 1.
On one issue that the state Budget Director Blake Washington said the governor "can't compromise on," Hochul wants to adjust how much and how quickly prosecutors must provide substantial evidence in the "discovery" period before criminal trials.
Prosecutors say the state’s current law has resulted in dismissed cases based on "technicalities" of failing to provide even inconsequential evidence to defense attorneys by a tight deadlineDemocratic lawmakers say they don’t want to give prosecutors more power to decide what evidence can be withheld before trial or before a defendant considers whether to go to trial or accept a plea bargain.
"Discovery is probably the biggest logjam," said Assembly Speaker CarlHeastie (D-Bronx) said.
Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) said she won't divulge what's going on behind closed doors, but also said at a March 25 news conference that discovery was a contentious issue.
"We don't want cases thrown out because a paper isn't there ... but we don't want wrongful convictions, either," Stewart-Cousins said.
The broadest agreement appears to be that the state budget is likely going to get done much later this month.
"I’m truly not in any rush," Hochul said Thursday. "I will stay here as long as it takes to get the budget that I believe delivers for New Yorkers."
Hochul also tweaked lawmakers who hope to complete a budget before Thursday, which is the beginning of their Easter-Passover break until April 28.
"I know some of the legislators may be anxious to hit certain vacation plans," Hochul told reporters, "but I’m not going anywhere. I don’t take vacations ... We’re getting close, but summers are nice here, too."
The strategy of expressing a willingness to hold out longest has traditionally been a successful tool in Albany budget negotiations. For a governor, that strategy is strengthened by a state law under which the pay of legislators is suspended until a late budget is replace by a new budget. Legislative leaders, however, note that governors usually bear the political backlash of an excessively late budget.
In January, Hochul had proposed a $252 billion budget which increased spending by $8.6 billion, or 3.6%, in the "all funds" budget, which includes capital spending, special revenue and debt spending, according to the state Division of Budget.
Hochul and legislative leaders won’t disclose much if anything about their private negotiating. Last week, Washington referred to the secrecy as "the sanctity of the room."
However, legislative leaders must update their Democratic conferences after the sessions. Five veteran legislators who were in those Assembly and Senate conferences talked to Newsday and provided some detail on the negotiations based on those closed-door conferences. They declined to be identified because of orders from their leaders to honor the "sanctity of the room."
One major issue in negotiations is the need to fund the Metropolitan Transportation Authority capital plan to improve services and assets including the Long Island Rail Road and city subway system. On Monday, Washington told reporters leaders are looking at "regionwide" approach to funding the MTA that wouldrequire most employers in the suburbs, including on Long Island, to share the added costs. He wouldn’t elaborate.
On Thursday, however, Hochul said there is no agreement to seek revenue regionwide other than "no income tax increases."
"No, we have not decided on the final way to have the revenues to fund the MTA," Hochul told reporters. "We are talking about different options."
She said the options include raising the Metropolitan Commuter Transportation Mobility tax on most employers in New York City, Long Island and the northern suburbs, or spreading the cost statewide.
"It’s still an evolving situation," Hochul said.
The rank-and-file legislators told Newsday that internal discussions also include a proposal to increase the payroll, but only on the largest, most-profitable companies, most of which would be located in Manhattan. They said another active proposal would phase out the payroll tax for small- and medium-sized businesses and local governments.
Another Hochul policy in talks is a ban on students’ cellphones in schools. Heastie said Hochul’s "bell-to-bell" proposal to ban the cellphones throughout the school day to reduce distractions is "just about done ... with some tweaks." He wouldn’t elaborate.
The rank-and-file legislators told Newsday that those tweaks would allow some flexibility to school districts that already have effective policies.
Hochul also proposes to outlaw masks in publicto help police identify suspects, including those caught on surveillance videosHochul on Thursday refused to comment on its status, but Heastie and rank-and-file legislators did.
"Members of our conference raised concerns ... (and) support looking at other ways," Heastie said Thursday.
Legislators told Newsday those other ways to crack down on masks when used in crimes, but not for public protests by demonstrators who fear reprisals.
Hochul also wants to make it easier for police and the courts to send people they suspect of mental illness to evaluation at psychiatric wards. The "involuntary commitment" proposal seeks to aid law enforcement in subways and on the streets, but also to get ill people into care.
Hochul wouldn’t comment on the status of this and most of her other proposals.
Heastie said the contentious civil rights issue "is moving in the right direction," but there is difficulty turning the concept into bill text that would serve police and mentally ill people "in a practical setting."
Legislators said their leaders seek to make sure the state also better funds outpatient treatment so the patients aren’t discharged back to the streets without help.
Heastie has traditionally described the status of budget negotiations in spatial terms. He has said that the Legislature and governor can be far apart at the beginning of negotiations to the point that they are only in the same universe, with the governor on Earth and lawmakers millions of miles away. But just before a budget deal is struck, he has said the Legislature and governor are in the same neighborhood.
"Right now," Heastie said Thursday, "we are probably on Neptune. But I believe if we can resolve discovery we will perhaps be on Mars."
Hochul dismissed criticism of her record of four late state budgets. She said that tactic aided by the governor’s constitutional leverage over the Legislature in crafting a budget has won her policy objectives that wouldn’t likely have happened through the traditional legislative process.
"I’m very successful in overtime," Hochul said.
Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.
