Patrick McSweeney


 

A Budget Impasse in 2006?

 

Government shutdowns are the nuclear option of state politics. Virginia could be heading for just such a calamity over transportation taxes. 


 

News reports from Minnesota, North Carolina and California about government shutdowns or threatened shutdowns due to budget impasses bring back memories of a similar problem in Virginia in 2004.  Could we be looking at a replay in Richmond when the current budget is due to expire in 2006?

 

Senate Finance Chair John Chichester, R- Northumberland, with the help of Gov. Mark R. Warner, brought about a legislative stalemate during the 2004 regular session of the Virginia General Assembly when the Senate and House failed to reach agreement on a budget. The Senate insisted on a major increase in state taxes to fund the 2004-2006 budget. The House refused to do so after weeks of nonproductive haggling with the Senate.

 

To avert a government shutdown while negotiations continued, the House passed legislation that would continue the 2002-2004 budget beyond June 30, 2004, when it was scheduled to expire, while increasing state funding for public education by almost eight percent. Warner and Chichester rejected the stopgap legislation and accused the House of attempting to disrupt the budget negotiations.   Warner went so far as to threaten to veto the stopgap legislation, using the prospect of a government shutdown as a political weapon to force the House to agree to raise taxes.

 

The threat worked. It was a clever and effective political tactic, but very poor public policy.

 

How other states have responded to the same kind of budget impasse is instructive. Earlier this month, the Minnesota legislature refused to enact a stopgap budget and suffered an almost complete shutdown of state government.

 

California and North Carolina, on the other hand, kept their respective governments operating this year by agreeing to stopgap legislation. California has done so for five straight years.

 

Which is the more responsible approach?

 

Averting a shutdown and making a bill to raise taxes succeed or fail on its own merits rather than tying it to the enactment of a state budget would seem to be the wiser course, but Warner, Chichester, and their pro-tax allies don’t appear to agree.

 

Now is the time to confront this issue because Virginia will face another potential budget impasse in 2006. This time the fight is likely to be over a proposal to increase the motor fuel tax or other taxes to provide funding for transportation.

 

Chichester has been critical of the positions of the two major party gubernatorial candidates to use revenues from existing general fund taxes to pay for transportation projects. He and his Senate colleague Russell Potts, an independent gubernatorial candidate, have proposed a substantial hike in special fund taxes (for example, the motor fuel tax) to pay for new transportation projects.

 

The responsible course is to resolve in advance not to have legislators enact another state budget with a gun at their heads, the gun being the threat of a government shutdown. Legislation to increase taxes should be addressed as an independent matter.

 

Special interests that favor tax hikes won’t be pleased with this approach. Neither will their allies in the General Assembly. But a majority of Virginians will support separate tracks, one for the budget and another for any legislation unrelated to appropriating revenues currently authorized.

 

Last session, the Senate declined to take up House-passed legislation to prevent either chamber from creating a budget impasse by inserting a tax increase into the budget bill. Are a majority of senators prepared to use the budget impasse tactic again in 2006?

 

-- July 11, 2005

 

 

 
 

 

 

 

 

 

 

Contact Information

 

McSweeney & Crump

11 South Twelfth Street
Richmond, VA 23219
(804) 783-6802

pmcsweeney@

   mcbump.com

 

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