| HJR 707: Joint Subcommittee Studying the Balance of Power Between the 
        Legislative and Executive BranchesJune 21, 
        2005
The joint subcommittee, 
        which began in 2004 (HJR 13) and was continued by the 2005 General Assembly, 
        resumed its study by developing a work plan and reviewing the revenue 
        forecasting process in Virginia and in other states. The joint subcommittee 
        consists of six members of the General Assembly, Delegates R. Steven Landes (chairman), Harry R. Purkey, 
        H. Morgan Griffith, and Johnny S. Joannou and Senators Jeannemarie Devolites 
        Davis and Mamie Locke, as well as six citizen members, Constance Campanella, 
        Ben Carter, Tim Robertson, John Sherman, David L. Bailey, Jr., and Robert 
        L. Calhoun.
 BACKGROUND During its first 
        year, the joint subcommittee recommended the introduction of a constitutional 
        amendment to allow Virginia voters to decide whether the Governor should 
        be allowed to succeed himself in office. The constitutional amendment, 
        introduced as HJR 652 and SJR 401, was defeated in the Committee on Privileges 
        and Elections in both houses.  During committee 
        deliberations, members appeared unwilling to consider the amendment without 
        the addition of a proposal counterbalancing the shift of power granted 
        to the Governor if he is permitted to succeed himself in office. The defeat 
        of the measures means that the earliest date a constitutional amendment 
        could appear on the ballot would be 2008, if the General Assembly approves 
        a new amendment during the 2006 or 2007 session and then again during 
        the 2008 session. Because the original amendment was prospective, applying 
        to Governors elected in 2009 and thereafter, a delay would not affect a current Governor who would not be eligible to 
        serve two consecutive terms. The subcommittee agreed to revisit the constitutional 
        amendment while looking at other proposals that would more equitably balance 
        the fundamental powers between the legislative and executive branches.
 The members passed, 
        with overwhelming support, major legislation that establishes a deadline 
        for the submission of resumes and statements of the economic interests 
        of gubernatorial appointees, and codifies the current practice of reviewing 
        the information by a joint subcommittee of the Privileges and Elections 
        Committees.  REVENUE FORECASTING Overview by Secretary 
        Bennett John Bennett, the 
        Secretary of Finance, provided members with an overview of the revenue 
        forecasting process in Virginia and in other states. The requirement for 
        the Governor to submit a six-year revenue estimate dates back to 1975 
        in Virginia. Although the statutory provisions have been amended eight 
        times, the heart of the revenue forecasting process has remained basically 
        the same. The most significant changes to the statute occurred in 1984 
        when the revenue forecasting process was codified; the General Assembly 
        created two statutory advisory groups to assist in reviewing economic data and revenue forecasts.
 VA's Revenue Forecasting 
        Process Revenue forecasting 
        begins with the assessment of the national economy. The Department of 
        Taxation maintains contracts with two leading national forecasting firms, 
        Global Insight and Economy.com. Global Insight provides detailed quarterly 
        projections of economic variables, such as employment, income, and housing 
        construction at the national and regional levels. Information from Economy.com serves as a check on the data supplied by Global Insight.
 Materials containing 
        economic data and at least two possible economic forecasts-a standard 
        and an alternate-are considered by the Advisory Board of Economists in 
        mid-October. The advisory board is comprised of academic and professional 
        economists who review the economic forecasts and identify the most likely 
        economic scenario on which to base Virginia's revenue forecast. Although 
        no legislative members serve on the advisory board, staff from House Appropriations, 
        Senate Finance, Legislative Services and JLARC attend the meeting and 
        have an opportunity to comment and ask questions. The Department of Taxation 
        uses the Virginia economic outlook approved by the advisory board to develop a preliminary revenue forecast. The Department 
        uses forecasting equations for each significant revenue source, developed 
        from past statistical relationships between economic variables and revenues, 
        to predict future revenues. For example, growth in total personal income 
        is used to predict sales tax growth. The results are adjusted to account 
        for changes in federal and state laws.
 The Department of 
        Taxation prepares the General Fund revenue forecast for 24 distinct revenue 
        sources, including individual income tax withholding and sales and use 
        tax. Other agencies produce forecasts for specific revenue sources, such 
        as lottery profits and profits from the sale of alcoholic beverages. In 
        mid-November, the Advisory Council on Revenue Estimates reviews the standard 
        and alternate revenue forecasts. The advisory council consists of legislative 
        members, representing the leadership of the houses and the chairmen of 
        the money committees, and business leaders from various industries. Review 
        by the advisory council serves as a reality check on the preliminary forecast 
        with members providing comment on what is currently happening in their 
        industrial sectors, as well as Virginia's economy. The Governor and his 
        staff review the comments from the advisory council, the latest available 
        revenue collections, and any new economic data before finalizing the revenue 
        forecast that will provide the basis for the introduced budget. By tradition, 
        the Governor provides an update of the revenue forecast during the General 
        Assembly session based on the most current revenue collections. Revenue Forecasting 
        in Other States The revenue forecasting 
        processes in other states vary significantly. In general, the processes 
        can be grouped into five broad categories based upon who develops the 
        forecast:  
        Exclusively executive 
          - 5 states, including Georgia and West Virginia.Executive, with 
          legislative participation/review - 6 states, including Virginia and 
          Delaware.Joint legislative 
          and executive - 22 states, including Maryland and Kentucky.Separate legislative 
          - 13 states, including Alabama and Colorado.Independent - 
          4 states, including South Carolina and Texas. Secretary Bennett 
        noted that the variation in the relative roles of the legislature, the 
        Governor, and various independent groups in the revenue forecasting process 
        is attributed to each state's unique constitutional structure and budget 
        process. However, all states use the same basic forecasting model for 
        generating revenue projections. Because forecasting models rely on historical 
        data and trends to predict future revenues, states often face forecasting 
        inaccuracies during peaks and troughs of business cycles. The forecasts 
        tend to overestimate revenue in economic downturns and to underestimate 
        revenues in economic upturns. The Secretary also pointed out that states 
        that have competing forecasts developed by different groups have a built 
        in bias that leads decision makers to choose a higher forecast. Members 
        agreed to examine at a future meeting the correlation between Gross Domestic 
        Product (GDP) and revenues, and the correlation between revenue collections 
        in the first quarter and collections for the remainder of the year.  STUDY PLAN 
        The subcommittee 
          adopted a study plan of the following proposals for the current interim 
          that includes items deferred from the subcommittee's last meeting in January:
 
 Provide for 60-day sessions in odd-numbered years without the two-thirds 
          supermajority vote.
Increase legislative 
          appointments on executive boards and commissions that have significant 
          contractual authority, including the State Board of Education, the Commonwealth 
          Transportation Board, and public institutions of higher learning.
Allow, by a constitutional 
          amendment, the legislature to nullify or suspend administrative regulations 
          without the concurrence of the Governor. Establish an independent 
          economic and revenue forecasting commission whose members are appointed 
          by the legislature and the Governor .
 NEXT MEETING The subcommittee 
        has tentatively scheduled its next two meetings for August 22, 2005, at 
        10:00 a.m. and September 19, 2005, at 1:00 p.m. in House Room C of the 
        General Assembly Building. Chairman:The Hon. R. Steven 
        Landes
 For information, 
        contact:Ginny Edwards, 
        DLS Staff
 Website:http://dls.state.va.us/powers.htm
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