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Bill seeks ‘stricter requirements’ on hiring during continuing resolution
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Posted on Jan 19 2009
Under a new bill introduced by Rep. Ray Yumul, the Legislature must pass a joint resolution approving the hiring of additional employees during a period of continuing appropriations.
Yumul, chairman of the House Ways and Means committee, introduced the bill at the same time he introduced the revised fiscal year 2009 budget. A new budget was introduced last week after Gov. Benigno Fitial vetoed the original Legislature-approved budget. The House passed the revised budget last week and the Senate is expected to take it up today.
Without a fiscal year 2009 budget in place the government has been on continuing appropriations. Because the government failed to approve a fiscal year 2008 budget, it has been spending at the prior year’s level.
Members of the Legislature have noted that hiring continues to take place despite the decline in revenue for the government.
The Supreme Court in Rayphand vs. Tenorio has questioned whether the governor possessed reprogramming authority during a period of continuing appropriations and has left open the possibility that the governor does not hold such authority, according to the bill.
“The Legislature finds that the public interest requires legislative approval of the filling of vacant positions during a period of continuing appropriations, and such approval is consistent with the balanced budget requirements of the Commonwealth Constitution,” the bill states.
