Patrick McSweeney


 

Spending Commitments?

The General Assembly is not obligated to sustain programs funded by previous legislatures, much less increase spending. Lawmakers need to ask tough questions before passing a budget.


 

There has been a lot of loose talk from those pushing for huge tax hikes in Virginia about spending commitments. The truth is that when the General Assembly adopts a budget every two years, it has the prerogative to write on a virtually clean slate.

 

Except for the legislature’s obligation to appropriate money to service outstanding state debt, to restore the Rainy Day Fund, to fund the state’s retirement system, constitutional offices and the court system, and to satisfy the Commonwealth’s contractual obligations, it has no obligation to spend money.  Every General Assembly can start from scratch on the budget.

 

No session of the legislature can bind future legislative sessions. Programs established at previous sessions are not obligations of the General Assembly that convenes in Richmond next Wednesday. Those programs can be eliminated or simply not funded unless the Constitution of Virginia says otherwise.

 

The Constitution establishes a policy of environmental protection, but that provision does not require the General Assembly to appropriate any funds for that purpose. There is also provision for maintaining a public education system of high quality, but it doesn’t define “high quality.”

 

Gov. Mark R. Warner, among others, claims there is a constitutional mandate to appropriate what the State Board of Education says is needed for schools.  There is no such mandate. The legislature is the final arbiter of what should be spent.

 

The nub of the debate over taxes and state spending is what it has always been. What functions should government pay for and how much should it spend on each? These are political questions.

 

Senate Finance Committee chairman John Chichester, R-Stafford, frequently refers to the Commonwealth’s “core functions.” That is not a defined term.

 

For decades after the initial state constitution became effective, the Commonwealth had no system of public schools or public roads. The federal government had not yet begun to coerce states into adopting programs such as Medicaid or the Cooperative Extension Service. “Core functions” can mean different things to different people and in different times.

 

Although Virginia had no statewide system of public schools or public roads for most of its first century after independence, those two programs are now broadly believed to be core state functions. That doesn’t mean that increased funding for either is necessarily sound policy.

 

Every state program should be carefully scrutinized to see if its objectives can be met more efficiently or more effectively by a different approach. That hasn’t been happening.

 

The extreme version of this approach has been labeled “zero based budgeting,” where every program and every dollar spent on it must be justified from scratch. As a practical matter, the General Assembly can’t adopt this approach in its pure form, but the legislature can select at least several major programs for such a review every biennium.

 

Before insisting that taxpayers swallow a tax increase, the governor and members of the General Assembly have an obligation — not a legal, but a political obligation — to ask tough questions of those proposing higher spending levels. Why should taxpayers be asked to pay more for state road maintenance when the state is spending twice what the private sector spends for the same result? Why should public school spending continue to increase ten times faster than the growth in enrollment? Why should Medicaid patients enjoy greater benefits than those available to state employees?

 

It’s time for some late-night budget sessions.

 

-- January 19, 2003

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contact Information

 

McSweeney & Crump

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

pmcsweeney@

   mcbump.com