HJR 707: Joint Subcommittee Studying the Balance of Power Between the
Legislative and Executive Branches
November 30,
2005
The Joint Subcommittee
to Study the Appropriate Balance of Power Between the Legislative and
Executive Branches held its fourth meeting on November 30, 2005, to finalize
its recommendations. With the assistance of the Directors of the House
Committee on Appropriations and the Senate Committee on Finance, the joint
subcommittee reviewed several options to increase the legislature's ability
to independently and critically analyze economic data and revenue forecasts.
The joint subcommittee also considered several constitutional amendments
that would modify the term of the Governor, the length of legislative
sessions, the appointing authority for members of the Board of Education,
and procedures regarding legislative veto of administrative regulations.
RECOMMENDATIONS
FOR THE 2006 SESSIONS
The joint subcommittee
agreed to the following proposals and legislation for consideration at
the 2006 Session:
Revenue-Forecasting
Process
- Outsource to the
private sector the development and maintenance of a revenue-forecasting
model that would be used by the legislature to evaluate the Governor's
six-year revenue forecasts.
- Create a joint
subcommittee comprised of legislative members who currently sit on the
Advisory Council on Revenue Estimates to oversee the outsourcing process.
Balance of Constitutional Powers
In endorsing a six-year
term for the Governor, the joint subcommittee recommended that the following
constitutional amendments be adopted as a set to achieve a constitutional
balance of power between the legislative and executive branches:
- Allow the Governor
to serve one six-year term that would begin with Governor elected in
2009.
- Allow the General
Assembly to extend sessions for any length of time with a two-thirds
vote.
- Permit the General
Assembly to nullify or suspend administrative regulations by a joint
resolution.
- Permit standing
committees and legislative commissions designated by the General Assembly
(the Joint Commission on Administrative Regulations) to suspend administrative
regulations during times when the General Assembly is not in session.
- Transfer to the
legislature five of the nine appointments on the Board of Education.
Three members would be appointed by the House of Delegates and two members
would be appointed by the Senate, in accordance with the rules of each
house.
Organizational
Session
The joint
subcommittee also endorsed as a stand alone constitutional amendment to
provide for an organizational session. The organizational session would
convene on the second Wednesday in December or on another day in December
as may be designated by a joint rule, and it would be limited to three
days. The organizational session would deal only with matters concerning
the administration of oaths, seating of members, selection of officers,
organization of committees, adoption of rules, confirmations of gubernatorial
and other appointees, and elections of judicial and other officers. The
proposed amendment would also clarify that unless the General Assembly
states otherwise the refusal to confirm gubernatorial appointees at an
organizational or special session would invoke the constitutional provision
that prohibits the reappointment of these appointees by the Governor during
the interim.
Appointments
The joint subcommittee
agreed to recommend the transfer of the following appointments currently
made by the Governor to the legislature:
- The five at-large
citizen members on the Commonwealth Transportation Board. The transfer
would give the legislature a significant minority influence in determining
the composition of the Board. The Governor would continue to appoint
the remaining nine citizen members who are appointed from the nine construction
districts. The legislation would be contingent upon the passage of the
constitutional amendments to balance the powers between the legislature
and the Governor.
- Legislators who
currently serve on the Tourist Train Development Authority, the Chippokes
Farm Foundation Board, and the Potomac River Basin Commission. One Senator
is added to the Tourist Train Development Authority to give the Senate
representation on the Authority, and two Delegates are added to the
Chippokes Farm Foundation Board to give the House of Delegates the correct
proportional representation on the Board.
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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