Give leaders of the 49th New Mexico Legislature credit for something: They advanced the art of passing the buck. During last week's four-day flurry of their special budget session, called because they couldn't agree on one during their regular budget session, they approved a 2-percent sales tax on food, but slyly forced local governments to levy it.

And, for good measure, they lateraled some of their constitutional spending authority to the executive branch.

What? They gave Gov. Bill Richardson, the guy so many of them have been vilifying for all manner of offenses — real and imagined — the power to spend money as he pleases?

Wasn't that the cause of great constitutional consternation back in the mid-1990s when then-Gov. Gary Johnson arrogated to himself the power to cut state spending — and to do it by withholding money from all state agencies, even the ones with their own elected bosses?

Johnson's rookie-year move went over like a lead balloon; the state Supreme Court declared that he was usurping the Legislature's appropriation powers and restored the financial flow.

Johnson was acting in anticipation of a $65 million revenue shortfall. Now his successor, and the Legislature, are facing another shortfall — probably three or four times bigger than the one 15 years ago. But it seems that our senators and representatives have wised up: The want the governor to make the cuts — and take the heat for it. So when the new fiscal year starts in July, many of the tough decisions will be in the hands of the governor — Richardson for six months, and whoever succeeds him on New Year's Day.

But can the lawmaking branch just turn its back on that part of its responsibilities? The measure tucked into the budget bill is sure to be better crafted than Johnson's decree. To make it seem legitimate, the slicing power could be limited to departments run by the governor's Cabinet; Johnson had claimed power to squeeze funds headed for the courts, the Attorney General, the district attorneys and such offices as the State Auditor, the state Treasurer and the Commissioner of Public Lands.

But surely someone will challenge it, legitimately or spuriously, when — or if — the knife comes out.

Maybe it won't come to that: If the governor decides to veto the food tax or other budget provisions, leaving the Fiscal 2011 spending plan totally out of whack, he'd probably call another special session. When? Hard to tell; it shouldn't happen before April, by which time there'll be some fresh revenue projections — but the governor seems reluctant to open the Legislature to a budget battle at a time when June primary-election challengers could make hay with members' indecision.

Any delays would make a mess of local-government and school-district budget-drafting. City councils, county commissions and school boards can thank legislators too timid to go after alcohol, big-box stores and other obvious revenue sources when they had a chance.

For now, those local bodies should base budgets on worst-case scenarios — assume cuts, as the Santa Fe Public Schools board is. This is no one's idea of how to run governments, state or local — but that's the hand the state one has dealt the others.