I recall a legislator once telling me that the legislative sessions in an economic downturn are really difficult because the legislature has to make painful decisions about cutting programs and/or raising taxes.  But this legislator went on to say that in years when there was a big surplus, the session was even more contentious, as everyone fought for slices of the pie for their own district or pet issue.  Well, this year we have both scenarios.  The legislators came to town facing a serious shortfall and sobering budget situation.  Then the president and Congress push through a huge infusion of money to the state governments.  And so the state policymakers find themselves working both sides of that budgetary street.  

Obviously, we have a very serious situation on our hands, but it sometimes looks less serious because of the budgetary life-line tossed out by the feds, and because we do have some money in reserve in the stabilization accounts.  The result is that the various power centers aren’t on the same page; the governor, JFAC, the House leadership, the Senate leadership, the minority party all see the situation from different angles.  It is just a bizarre situation.  This is most evident in the role being played by the budget committee (JFAC) and the whole transportation situation.

JFAC is a powerful budget committee—one of the most powerful and independent legislative committees in the country, and has been so for at least four decades.  But this year JFAC has worked very, very hard this year and I genuinely believe it has been a wrenching experience for most committee members. But what really stands out is the way JFAC seems to have taken their already substantial powers to another level by not just by making budget cuts (which certainly had to be made) but by mandating HOW agencies were to make those cuts (3% pay cuts across the board).  The governor, finally, has objected on separation-of-powers grounds.  

Meanwhile, the governor keeps getting beat down by the House on transportation related tax increases.  The House has denied him time and time again:  On car rental fee increases, on license fee increases, on gasoline taxes increases again and again.  Three-quarters of the House members are from the governor’s party and he can’t win a vote on this particular issue!

Most government textbooks note that the governor has some real advantages in dealing with the legislature: (1) the ability to set the agenda, (2) the ability to focus public opinion, (3) a sizeable staff all with one master and (4) the veto power.  

The governor tried to set the agenda.  He worked hard on public opinion before the session but got blindsided by the rapidly deteriorating economy.  Some of the staff doesn’t seem to have helped the governor’s cause.  We will see if the veto stamp is an effective tool in the current situation.

Gary Moncrief
Professor of Political Science and a University Foundation Research Scholar at Boise State University