To unallot, first you have to allot

Details are emerging on how GOP Gov. Tim Pawlenty and his administration will begin the unprecedented and massive process ofunallotting their way to a balanced budget.Pawlenty convened a cabinet meeting Thursday to review the law and give marching orders to his commissioners.

First things first. Before the administration can start unallotting, all the "allotting" has to take place. That means that Pawlenty has to sign all the appropriations bills, which will happen in the next few weeks. Since Pawlenty will likely make more line-item vetos, we won’t know the exact amount that will have to be unallotted until then.

Meanwhile, Pawlenty has told his commissioners to review every item in their budgets and start making recommendations. [A GOP partisan aside: Many DFLers and leftie groups are whining that all
this will be happening behind closed doors. True, but haven't we already had months of hearings, including a month-long DFL legislative road show around the state, and there was still no consensus on what to do? That's the crux of why Pawlenty pulled the unallotment trigger: Someone had to make decisions. And so they are being made. Pawlenty offered up public input at budgetsolutions@mn.state.gov, and, as of Thursday, more than 1,000 people have sent emails with suggestions (although some of the emails told Pawlenty where to go).]

Once the exact budget deficit number becomes concrete, the operative statute kicks in:

"If the commissioner determines that probable receipts for the general fund will be less than anticipated, and that the amount available for the remainder of the biennium will be less than needed, the commissioner shall, with the approval of the governor, and after consulting the
Legislative Advisory Commission, reduce the amount in the budget reserve account as needed to balance expenditures with revenue."

"Commissioner" means Minnesota Management and Budget Commissioner Tom Hanson. [In case you missed it, our Capitol Report's Charley Shaw wrote an extensive profile on Hanson here.] Look for Hanson to present the whole package of unallotments to the Legislative Advisory Commission (LAC) sometime between mid-June and July 1 (the start of the new biennium). As the operative House Research Unallotment Brief notes, the LAC has no power to do anything except to listen — and grill — the administration on the unallotments.

Other likely developments? House Speaker Margaret Kelliher (DFL-Minneapolis) and Senate Majority Leader Larry Pogemiller (DFL-Minneapolis) won’t likely resist the temptation to bring Hanson back before the Legislative Commission on Planning and Fiscal Policy.
And don’t forget the courts. There have been a few cases where legislators have tried to challenge the executive branch for usurping the>constitutional authority of the Legislature, but they have been ruled moot. For example, see Rukavina v. Pawlenty

"A citizen must have sustained or be in immediate danger of sustaining some direct injury from the enforcement of the challenged statute and not suffering in some indefinite way in common with people in general." [.pdf]

Certainly the unallotments will directly affect definable people, making a showdown in court almost inevitable.

2 Responses to “To unallot, first you have to allot”

1. Anonymous Says:
   May 23rd, 2009 at 8:01 am

   I think one of the central legal issues will be anticipation. Commissioner Hanson will have to determine that the budget shortfall is unanticipated.

2. Anonymous Says:
   May 24th, 2009 at 7:40 am

   Send this to Governor Pawlenty at:
   budgetideas@state.mn.us
   Please copy and paste the following text into the body of your email.

   Governor Pawlenty:
   Governor, please immediately unallot my tax dollars for Ethanol Subsidies! By removing the remaining “Ethanol Subsidies” under the fiscal 2009 budget of $8,363,000 and the $12,168,000 scheduled for 2010 and the additional $12,168,000 for 2011, for a total saving of $32,699,000 kept in the 2009-2011 budgets todate! Then also end the $19,790,000 still scheduled for fiscal 2012-2013. For all this money only goes to the “Ethanol Plants” that enjoyed the best of times and for the last five years have sent out over $100 million annually to their invester in the form of dividends!!!!!!! This will make a total savings of $53 million, available for “Government Agencies and People” who really need help! Thank You for your leadership
   —Signed —–Your Name http://www.congressionalchange.com