DLS rules budget unconstitutional

By J.R. | February 29, 2008
Filed Under General Assembly, Lieutenant Governor |

Last week, Lt. Gov. Bill Bolling ruled that the Senate Budget was unconstitutional for transferring lottery money, supposedly dedicated for public education, into the General Fund for whatever use. In a straight party-line vote, Democrats over-ruled him 21-19 which brings up why is there a ruling from the chair if a simple majority can overrule him, but I digress).

Today, the senior attorney from the Division of Legislative services wrote via email to Senate Finance Committee members regarding the state constitution:

“Its plain language requires that the revenues in the Lottery Proceeds Fund be appropriated from the Fund to localities for public education and not be deposited into the general fund of the Commonwealth. Therefore, it is my opinion that the current method of depositing the revenues into the general fund does not comport with this constitutional provision.”

To make the funds available for general use, a 4/5’s majority is required.

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Comments

2 Responses to “DLS rules budget unconstitutional”

  1. Robert Lehman on March 1st, 2008 9:09 am

    Senate Dems and Republicans need to get past their quarreling and find a way to allocate the lottery funds in a way that offers accurate accounting of lottery funds and remains compliant with the VA Constituion.

    The following text is based upon the AP article “Budget Dispute Reveals Lottery Conflict by Dena Potter 3/1/08 in the Daily Press:

    Ken Stolle called this practice an “illusion” and said a permanent fund should be created. “This is the worst shell game that I’ve ever seen in my life,” Stolle said. “it’s not our fault, but it’s our responsibility to fix it.”

    Tommy Norment did some grandstanding of his own, “I think what is abundantly clear is the the constituionality of what has happened is clearly in play now and to look back and say this is the way it has always been done is of absoluted no comfort to me. We cannot leave here in 2008 and just turn a deaf ear to this constitutional question that has been raised.”

    Freshman Democratic Senator Chap Peterson pointed out the audacity of the Republican posturing on trampling the state constitution, when he aptly pointed out, “In my part of the state, thousands of small businesses and millions of consumers have had their time wasted because frankly not enough attention was paid to the Constituion,” referring to the VA Supreme Court’s ruling that the HRTA and NoVA TRA legislation enacted by the General Assembly and spearheaded by the Republican controlled House last year was in violation of the VA Constitution. “Before we make a speech on constituionality, I think we should remember that those of us who live in glass houses should not throw stones.”

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    My reply: look at the account ledgers. If the deposits into the general fund from the lottery proceeds exceeds that which was paid out in funding school expenditures for recent FY years, then start your hemming and hawing. Until then, quit grandstanding and move on to the next challenge (a new solution for the roads issues). If you want to create a permanent account do it already.

    Shame on both parties and all members of the General Assembly for failing to deliver a budget that can fund a transporstation package that Virginians have needed for over ten years. I was against them (Regional Taxing Authorities) when they rolled it out last year. You want to be a state legislator? Take the heat that comes with the role and deliver on the promise of offering leadership and policies and do it in support of the State Constitution. Enough bickering already.

  2. LittleDavid on March 2nd, 2008 12:06 pm

    Oh, I think their complaint is that many citizens thought the lottery was supposed to result in additional funding for education, not just provide an alternate funding for existing revenue.

    I think they have a point.

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