Arkansas legislators convened in Little Rock Monday for the state’s second fiscal session since the passage of Amendment 86 in 2008, which surprised many political insiders. The temptation, as always, will be to open the session up to things other than fiscal matters.
The Legislature should avoid that temptation except in emergencies because the amendment clearly limits the people’s mandate.
Amendment 85 actually changed Article 5, Section 5 of the Arkansas Constitution, as well as several other sections. Section 5 says:
“Beginning in 2010, the General Assembly shall meet in fiscal session on the second Monday in February of each even-numbered year to consider only appropriations bills.”
The law goes on to allow “a bill other than an appropriation bill” to be considered in a fiscal session if two-thirds of the members of each house approve.
Independent reporting for Pine Bluff & Jefferson County since 1879.
That’s obviously intended to be an exceptional circumstance, and the amendment limits fiscal sessions to 30 days, to be extended by no more than 15 days. That doesn’t leave much time for controversial issues to be debated.
The amendment for annual sessions passed rather easily in 2008 despite the fact that some top state officials, including Gov. Mike Beebe, were against it.
I supported the proposal, and the newspaper that employed me endorsed it for two reasons. Most important was the belief that budgeting for a growing state has become too complicated to be done effectively every two years. The biennial budget passed in 2007 was for nearly $9 billion, passed after the state entered the calendar year with a $900 million surplus.
Making adjustments, sometimes in special sessions, had become the norm. Shortfalls in expected revenues had become especially difficult for colleges and universities, which too often had to endure across-the-board budget cuts.
The other reason was at least somewhat sentimental. The late Jerry Bookout, longtime Jonesboro representative in the General Assembly, always advocated annual sessions of the Legislature, arguing that they were needed for state government to be operated more efficiently.
His son, Sen. Paul Bookout, D-Jonesboro, now president pro tempore of the Senate, offered an annual sessions proposal in 2007, one of several that were considered. His wasn’t the one chosen, but it was similar.
Jerry wasn’t around to see the election of 2008, be he’d have supported the proposed amendment and would have been elated to see it pass with about 69 percent of the votes cast.
Amendment 86, by the way, also limits appropriation bills to one year.
The first fiscal session went well in 2010, producing the required balanced budget in only three weeks, and the budget held up fairly well despite tough economic conditions.
This year’s session should be similar, if the lawmakers don’t get involved in election-year maneuvering or non-appropriation issues.
One of the latter deals with the payment for expenses of the legislators themselves. They’ve been stung over the past year by revelations of what they’re been receiving in addition to their $15,869 in annual salary, and a lawsuit filed in September challenges the constitutionality of some payments to lawmakers.
A story published recently by the Arkansas Democrat-Gazette showed that 11 legislators in 2011 received more than $50,000 in reimbursements for per diem allowance, mileage and other expenses. Seventeen of the 35 senators and 48 of the 100 representatives drew more than $40,000.
Perhaps in reaction to the criticism, one prefiled bill proposes to drop the mileage allowance to the same level as state employees. That makes sense, but it’s a small gesture.
The real problem is that pitiful salary of $15,869, which is about half of what it ought to be for a job that has become much more demanding with annual sessions.
None of those issues, though, should be addressed in a fiscal session. They must wait for next year, and then they certainly should be. Meanwhile, the issue of legislative pay can be debated in the 2012 election, when many incumbents will be challenged.
For now, pass the budget and go back home.
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Roy Ockert is editor emeritus of The Jonesboro Sun. He may be reached by e-mail at royo@suddenlink.net.