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Budget deficit violates state constitution

Spend first, and ask questions later.

That seems to be the philosophy of our state legislators and Gov. Tom Wolf for the past two years.In each case, they have agreed to a spending plan but not how to pay for it.As we are about to enter the fourth month of a half-completed budget, even though the deadline was June 30, our state leaders are not only neglecting to fulfill their legislative duties, but they are violating the state constitution by perpetuating what is now expected to be about a $2.3 billion deficit. Last year's budget carried about a $1.5 billion deficit.In the last week, Standard & Poor's Global Rating agency downgraded the state's credit rating once again to its lowest level in 39 years. The downgrade went from AA- to A+. In doing so, the agency felt that the state's ability to meet its financial commitments is "more susceptible to the adverse effects of changes in circumstances and economic conditions."Why is this important? It means when the state borrows money, as it does frequently, it will cost more in fees and interest payments. This extra money, which could be in the millions during the course of a year, comes out of your pocket and mine, because the state is on the hook for these extra costs.This is money which can be used to improve our educational system and help senior citizens and others in the state who need a broader safety net."The downgrade largely reflects the commonwealth's chronic structural imbalance dating back nearly a decade, a history of late budget adoptions and our opinion that this pattern could continue," said S&P analyst Carol Spain in a statement.In typical head-in-the-sand fashion, House Majority Leader Dave Reed, R-Indiana, criticized the credit-rating agency for its "hollow and partisan" decision. Republicans said S&P based its downgrade on interviews and news releases that did not accurately portray the true situation in Harrisburg.As if to confirm the S&P statement, on the same day it was issued, the state Senate shot down an alternate House plan to fund the budget, 41-7. The Senate's plan, which had the support of the governor, did not fly, because the House leadership would not bring it to a vote. House members do not want to raise any taxes, and the Senate plan had a few.So, once again, we have gridlock in Harrisburg.The state constitution is unequivocal about having a balanced budget. It is laid out in Article 8, Section 13: "Operating budget appropriations made by the General Assembly (the official name of the state Legislature) shall not exceed the actual and estimated revenues and surplus available in the same fiscal year."That hasn't stopped the legislators and governor from violating the constitution that they swore to uphold when they took their oaths of office. They also swore to discharge the duties of their office "with fidelity."Wolf is empowered to veto legislation that comes to his desk that does not ensure a balanced budget, but he allowed unfunded spending legislation to become law, not once but twice.Three taxpayers, headed by Matthew J. Brouillette, president and chief executive officer of Commonwealth Partners Chamber of Entrepreneurs, have filed suit in Commonwealth Court asking that the judges compel Wolf and the Legislature to abide by the constitutional provisions and to fulfill their constitutional directive.Also named in the suit are state Treasurer Joe Torsella and Auditor General Eugene DePasquale, whothe litigants said are a party to the unbalanced budgets.If the Legislature and Wolf do not act, it becomes more likely that state services and payments will be delayed until there is a revenue stream to pay for them.Some feared that this would occur last week, but Wolf delayed a $1.2 billion payment to eight state-managed care providers and a $581 million payment to the state School Employees Retirement System. Our leaders, however, can only rob Peter to pay Paul for so long before the day of reckoning comes, and it is not far off, according toTorsella andDePasquale.We believe whenever legislators and the governor do not meet their constitutional obligations on time that they should not receive their paychecks until they do. If they don't do it after 30 days, they also should be fined, and the fine should increase proportionally every month until their work is completed.This might get their attention, because not much else is.By Bruce Frassinelli |

tneditor@tnonline.com