Senate gets hang of
separating budget-writing, lawmaking ... to a
point
By CINDI ROSS SCOPPE Associate Editor
AND I THOUGHT the House was making radical changes.
When it comes to the emerging legislative sport of keeping
law-making separate from budget-writing, the House has nothing on
the Senate Finance Committee.
That’s a good thing, even if it does make budget debate a lot
less interesting. The best way to end up with bad laws is for
legislators to sneak them into the budget bill. With hundreds of
pages of provisos — instructions to state agencies on how to spend
money — it’s too intimidating for most people even to try to
digest.
I can’t tell you how many provisos the Finance Committee amended
or added to its version of next year’s budget, which the full Senate
begins debating this morning. It didn’t occur to me until I was
halfway through my review that I should have been keeping a count;
that’s when the paucity of change began to register. But it seemed
more than a little pedantic to spend the time going back and
counting, so I called my senator, John Courson, who’s a senior
member of the committee. He confirmed my impression.
It wasn’t just the low number of provisos that was remarkable,
but the fact that most of them weren’t particularly remarkable.
The way I figure it, senators must have been too wiped out from
all their property tax gymnastics to get into the kind of mischief
that the Senate of days past raised to a high art. (Think video
poker.)
Sen. Courson adds two other factors: Republicans have curtailed
the practice from Democratic days of using the budget as a vehicle
to pass controversial laws that can’t stand on their own. And Gov.
Mark Sanford has “sent a message that he has no problem using his
veto pen, so a lot of people who may think, ‘Gosh, this is a great
way to sneak something in,’ they know it’s going to be vetoed.”
While the Legislature can be counted on to override most of Mr.
Sanford’s budget vetoes, those vetoes still shine a spotlight on
changes lawmakers prefer to keep in the shadows.
That’s not to say there’s nothing interesting or important in the
Finance Committee’s provisos.
The two most significant changes — one good, one bad — delete
items the House passed.
The good change is to get rid of the college tuition cap.
The bad change is to take away language to let the Department of
Mental Health keep the proceeds from the sale of the State Hospital.
The House proviso could have quickened a court review of the sale,
thus speeding along the sale itself.
In conjunction with that, the panel eliminated a plan to use
proceeds from the State Hospital to pay for intensive treatment for
young children with autism; instead, that will be paid for with
surplus funds — still an unstable source, but not quite as temporary
as the House’s solution. But the committee also spends less than
half what the House budgeted.
The most interesting provisos in the committee bill deal with the
Budget and Control Board, which is one of Mr. Sanford’s favorite
points of conflict with the Legislature.
One proviso eliminates language that allows the board to realign
its divisions; and just to make sure there’s no confusion, it adds
language specifically requiring the board to get legislative
approval for “any reorganization or restructuring between
divisions.” It goes on to require prior legislative approval for any
layoffs.
In other words, it’ll now take an act of the Legislature to move
the mail room from one office of this massive agency to another. And
if the economy tanks and we have mid-year budget cuts when the
Legislature’s out of town, this agency would have to go into debt
rather than laying anyone off.
This would be legislative meddling aplenty if the Budget and
Control Board were a regular state agency. It’s not. It’s controlled
by a five-member board: the governor, the comptroller general, the
treasurer and — get this — the chairmen of the House and Senate
budget committees.
Despite the fact that legislators have two-fifths of the votes on
this executive agency — and the fact that Treasurer Grady Patterson
routinely sides with those legislators to outvote Mr. Sanford and
Comptroller General Richard Eckstrom — one observer told me with a
straight face that the idea behind all of the Budget and Control
Board provisos was to “give the Legislature more control” over the
agency.
That brings me to the Finance Committee’s piece de resistance: a
study of the “usefulness, effectiveness, and constitutionality of
the State Budget and Control Board.” For a split second when I first
read this, I thought a coup had brought to power someone who
believes in government accountability — not to mention
constitutionality and functionality.
Then I read the next sentence.
The study would be conducted by a panel appointed by the
governor, the treasurer, the comptroller general, the chairmen of
the legislative budget committees, and the chief justice. Best-case
scenario, this is a whitewash. Worst-case: I can just see that gang
locking Chief Justice Jean Toal in a room and explaining to her how
vitally important the constitutionality of the Budget and Control
Board is to continued funding of the judiciary.
I suppose it’s good to know that some things never change.
Ms. Scoppe can be reached at cscoppe@thestate.com or at
(803)
771-8571. |