This week, the General Assembly experienced a very dubious first. For the first time since Virginia instituted its biennial budget process in 1920, the General Assembly found itself without a budget bill to consider.
Senate Democrats, who have been insisting that the Senate reorganize before they will agree to vote for any budget proposal, followed through on that threat and killed the budget bill on Wednesday. Their action left the General Assembly in uncharted legislative territory with no clear way to resolve the impasse.
Last week, I explained that although the Lieutenant Governor can break ties in the General Assembly, the Constitution does not give him the power to do so on enacting the state budget. Since passage of a budget requires 21 votes in the Senate, at least one Democrat and every Republican would have to vote for a spending plan. So far, every Republican has voted in favor of the Senate budget proposal, but no Democrat would do so.
This is not the first time Virginia has experienced a budget impasse, but the istuation is much more serious in this instance. During the previous stalemates of 2001, 2004, and 2006, the General Assembly could not agree on the terms of a budget agreement, but negotiations continued over the specific details of a budget bill. This time there is no budget bill to discuss or the terms of which can be negotiated; Senate Democrats killed it.
Without a budget bill, it will be very challenging to reach an agreement. Making the situation much more daunting, Senate Democrats objections are not about spending priorities. Instead, they want to reorganize the Senate, despite it having been organized on January 11. Their complaints are about the politics of the Senate, not the policies and priorities of the budget.
By derailing the budget process, Senate Democrats are effectively holding hostage every core service the Commonwealth provides its citizens. Frustratingly, the Senate budget plan was crafted with the extensive input and active collaboration of Senate Democrats. As a result, the Senate budget proposal has more funding for K-12 public education, health care, social services, and local governments than the plan originally introduced by Governor McDonnell or the one approved by the House of Delegates.
Is there a way out of this situation? At this point, it's hard to see one. If the Senate Democrats continued to insist on holding the budget hostage until their unrelated demands are met, this stalemate could drag on for quite a while. That is why many media outlets were not overstating the situation when they said a government shutdown was possible.
Since the Senate Democrats will not agree to proceed with any budget, the House of Delegates - with unanimous support of House Democrats - introduced a new budget for the General Assembly to consider. That will start the process all over again, although there is no guarantee that we will see a different result. I will have more to report on this matter next week.