Governor and Senate Democrats ignore law on lottery funds

Last week, Lt. Gov. Bill Bolling ruled from the chair of the Senate that diverting money from the lottery fund to the general fund without a 4/5 super-majority was out of order. Yet, the easy-money Democrats of the Senate over-ruled the chair on a partisan 21-19 votes, effectively saying “rules, what rules?”

Well, fast-forward to today.

In a letter to the Attorney General, Bolling requested an official interpretation of the ruling…and more…

I understand that members of the Senate of Virginia have asked you to opine on several questions regarding the Lottery Proceeds Fund set forth in Article X, Section 7-A of the Constitution of Virginia.

Specifically, I was told that you were asked to determine whether or not the Constitution of Virginia requires that a Lottery Proceeds Fund be created, that lottery profits be deposited into the Lottery Proceeds Fund, and that all monies deposited into the Lottery Proceeds Fund be appropriated directly to counties, cities and towns for the purpose of public education. I would like you to expand upon these original questions and ask you to also address the following related issues:

1. Does the Constitution of Virginia require a four-fifths vote of members elected to pass a budget bill that diverts monies from the Lottery Proceeds Fund to other funds, including the General Fund, or for other purposes?

2. Does the Constitution of Virginia require a four-fifths vote of members elected to adopt a conference committee report that diverts monies from the Lottery Proceeds Fund to other funds, including the General Fund, or for other purposes?

McDonnell not only responded the the Lt. Governor’s request, but also the request of three Republican senators with the following:

“[the state Constitution] mandates that the General Assembly establish a fund for net lottery proceeds and distribute such funds directly to counties, cities, and towns and the school divisions thereof, for the purposes of public education. It further is my opinion that such direct appropriation necessarily means that placing such funds into another fund, such as the general fund of the state treasury, prior to distribution to the localities and school divisions is prohibited.”

That’s an official ruling from the state’s lawyer. Therefore, any further budget movement by Kaine and Senate Democrats to divert money to Kaine’s pet projects is not only illegal, but is going against legal advice. At this point, Democrats are ignoring 19 members of the state Senate, the chair of the Senate, the attorney for the Division of Legislative Services, and now the Attorney General.

“When we crafted the wording we sought to make it perfectly clear that these funds were to go directly to counties, cities and towns, with no detour, to support public education on the local level,” said Sen. Stephen Newman (R-Lynchburg). “I appreciate the fact that the Attorney General’s opinion expressly recognizes that there is no question as to what the amendment requires. Now it is up to the budget conferees to bring back to us a report that follows the spirit and letter of the Constitution.”

Somehow, I’d be surprised if the Democrat Senate conferees will.

Category: Catch-All