Albany

The state Capitol, normally a sleepy place through Labor Day, will see an increase in activity in the coming weeks because activists, lobbyists and others who seek help on their issues have increasingly moved up their schedules to get a foothold in the next state budget.

The early jump is driven by the fact the Cuomo administration is expected to soon begin piecing together outlines of its proposed state budget, which is unveiled in January and due by April 1.

In response, the army of special interests who seek governmental action for their causes have learned to make earlier bids to get their items included in budget talks, rather than waiting for the rest of the legislative session that begins in January.

In years past, those seeking new laws or changes would wait until the beginning of the year – aiming toward the late June rush to wrap up the legislative calendar. But now they are active in late summer, with their crunch time coming in late March rather than June.

“My work now begins the Tuesday after Labor Day. It’s like someone who has turned on the fire house,” veteran lobbyist and advocate Jeff Jones said of the earlier schedule that’s now needed to draw attention and support for a bill.

Lawmakers have noticed the change as well.

“If you’re not in the door in October or November you are probably not going to be the main course,” said Albany-area Democratic Assemblyman John McDonald. “You are going to be an appetizer.”

“In the new world, September to December is as important as January to June,” added another longtime lobbyist and observer.

The earlier timetable is an example of how Cuomo’s insertion of key items in the budget has changed the landscape and even the culture of government in Albany.

During the last session, initiatives such as a proposal to raise the age of criminal responsibility was in the budget along with other items that in past years might have been debated well into June. Other notable measures proffered in the budget included a plan for free SUNY and CUNY tuition for middle class families, creation of a hate crimes task force, as well as a new statewide hiking and biking trail.

The year before, paid family leave and a higher minimum wage were in the budget plan.

Placing more and more key items in the budget also gives the governor leverage to push for those measures if lawmakers are worried about getting the deal done by or near the April 1 deadline.

But the negotiating strategy has roots in a 13-year-old Court of Appeals decision, Silver v. Pataki. The effect of that dispute between former Assembly Democratic Majority Speaker Sheldon Silver and former GOP Gov. George Pataki held that lawmakers can vote down but not alter budget bills from the governor.

The effect was to remove a bargaining chip that the legislature had at the time.

The power dynamic was further tilted under former Democratic Gov. David Paterson during late budget negotiations in June 2010, when he pledged to put his wish-list in week by week budget “extenders” needed to keep government operating. That left lawmakers with the prospect of a government shutdown or spending part or all of their summer in continued negotiations unless they reached a final deal.

Still, even though more items are included in budget talks, not all of them make it through the final negotiations. A DREAM Act that would give tuition assistance to undocumented immigrants and ethics reform fell off the table during completion of this year’s budget.

Cuomo acknowledged that items with the most political backing would make it into the final spending plan.

“If we didn't get it done in the budget, it means you don't have the political will to get it done," Cuomo said at the time.

That’s not to say that all of the legislature and governor’s business gets done in the budget.

Lawmakers and the governor in June agreed to a number of high profile bills including a ban on indoor “vaping” or use of e-cigarettes. And they banned child marriage, raising the age of consent from 14 to 18.

“Some major issues still go into June every year,” said Ken Pokalsky, vice president of government affairs for the state Business Council.

But the earlier schedule will nonetheless lead to a busy autumn, especially since the governor is heading into an election year in 2018, which usually brings a long list of spending – and budgetary – items.

rkarlin@timesunion.com @RickKarlinTU