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Friday, January 16, 2009

Rounds's Do-Over Budget Illegal?

Mr. Powers offered an interesting observation a couple days ago about the governor's budget proposal. Governor Rounds's declaration that he needs to refigure the budget based on worse-than-expected Decemeber sales tax revenues has the Legislature twiddling its thumbs until January 22. Governor Rounds's do-over also may be illegal:

Note that the law [SDCL 4-7-9] says it should be presented “after the first Monday of December immediately preceding the session for consideration either with or without amendments and modifications by the Legislature.” I’m kind of taking it that the law’s intent is that the legislature has the power to modify it after presentation - and there isn’t any allowance for the executive branch to have a do over. [Pat Powers, "So, If It Isn't on Time, Is It a 'Legal Budget'?" Dakota War College, 2009.01.14].

I would love to see the Legislature fight for its proper power, dig into the original budget proposed in December, and make all the necessary changes themselves. Alas, our legislators—even the Democrats—don't have quite the fight in their souls that they should have against an executive branch that continues to over-extend its authority.

5 comments:

  1. I'm glad that Governor Rounds has taken the initiative to redo the budget in the face of a projected shortfall.

    Revising the budget isn't going to be enough as tax revenues are probably going to tank further than we can imagine.

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  2. I don't understand why Rounds can't lay off some employees in the capital. Every other business is laying people off, so to me it stands to reason that that the capital could do without some of their employees, especially members of the Rounds family.

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  3. Is the Happy News finally over?

    Are done deluding and misleading ourselves that we are immune from the Second Great Depression?

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  4. I wouldn't call Cory deluded...then again...

    The depression is already here. Be prepared for at least another 4 years of fun until another great hope is elected president.

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  5. I think the delusion to which Anon 12:13 refers is the governor's constant "Everything is fine, everything is wonderful" happy talk... rather like the rhetoric of our new state senator, Mr. Olson, who thinks education has all the funding it needs and that legislators don't need to create more legislation.

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