Legislature looking at legality of budget veto override

The Legislature is looking at possibly overriding the governor’s veto of the 2009 budget, despite some legal concerns.

Several members of the Legislature held a closed-door meeting yesterday to discuss possible options regarding Gov. Benigno Fitial’s veto of the $165.4-million budget. Members present were Maria T. Pangelinan, chairwoman of the Senate’s Fiscal Affairs committee; House Speaker Arnold Palacios; Ray Yumul, chairman on the House’s Ways and Means Committee; House Vice Speaker Joseph Deleon Guerrero, Rep. Heinz Hofschneider, Rep. Diego Benavente, and Rep. Tina Sablan. The Legislature’s legal counsels were also present.

Fitial vetoed the budget Dec. 24, citing a drop of $8.7 million in the Finance Department’s revised revenue estimate. To cope with the revenue decline, Fitial announced a 5.5-percent budget cut to all agencies starting Jan. 1 and lasting through the end of the 2009 fiscal year.

Because of the timing of the veto and the Legislature’s inability to reconvene, there are some constitutional questions on whether a veto can be overridden, Sablan said after the meeting. The Constitution prohibits the Legislature from increasing budgets beyond the governor’s revenue projections, she said, adding that it’s not clear if overriding the veto would amount to such an increase.

“On the other hand, some members argued the Legislature’s power to override the governor’s veto and enact law is absolute. We have that absolute authority. That’s a check the people put in place,” Sablan said.

If the veto is overridden, Sablan said the governor still retains power to proportionately make reductions that have to be in place if there are still unexpected shortfalls in revenues.

If the Legislature does veto the bill, as is the most likely option according to Sablan, the legislative members would also be working on a concurrent resolution and budget bill that incorporates the governor’s revisions, which would ultimately put any constitutional issues to rest.

That system would be the best option to immediately establish strict controls on spending and requirements for accountability, the representative said.

She said going on continuing resolution with the previous budget would be the worst thing to do.

“It’s disappointing Fitial vetoed the budget, especially with the hard work both houses put in and the fact that the committees worked with the Secretary of Finance closely,” Sablan said.

Finance Secretary Eloy Inos commended the Legislature yesterday for their hard work, but said there are just not enough resources currently to work with the original budget.