Della’s Question of the Week #6: Can a ConCon bring more transparency to and improve the State budget-making process?

[Della Au Belatti]

Opinion Polls & Market Research

Most of us will agree that a constitution is an enduring document that (1) provides the basic framework, structure, powers & duties (shall we say DNA?) for our government and (2) guarantees certain fundamental rights to people that government must uphold.

Because of these two fundamental tenets of constitutions, critics will say that changing a constitution should be done very rarely; that constitutions should not be loaded with details that are more appropriately prescribed through laws; and that there are other means by which to amend a constitution if there is a public clamor without actually holding dangerous constitutional conventions.

For the most part, I agree with this statement as it relates to the U.S. Constitution which has endured for over 220 years with only 27 amendments (one of which was later repealed by another amendment)! However, when I look at the Hawaii Constitution, I am struck by the fact that it already has a lot of detail that will, most likely, be changed ONLY through a ConCon where concentrated study, review, and discussion can be executed in a very public and transparent manner.

One area of great detail in our State Constitution, with great impact on the lives of individual citizens, is the state budgeting process. I have been reading with great interest Lowell Kalapa’s articles on the budget process and how a ConCon could improve this process by requiring that (1) the Legislature tally expenditures to determine if the constitutional general fund ceiling is being exceeded; (2) a ban be placed on the creation of special funds that do not have a direct relationship between those who pay the fee and the benefits received from payment of that fee; and (3) tax credits be defined as general fund expenditures so that citizens and politicians alike can get a better handle and understanding of what general fund monies are foregone with the creation of such tax credits.

For those who say we should only amend the Constitution if there is a public clamor to fix it, does anyone believe for one second that most laypeople understand enough about the State budget process to know whether it’s broken or needs fixing? Does anyone really believe controls that might improve greater transparency to the budget process will be acted affirmatively upon by legislators or governors?

I have to point out that I disagree with Lowell on many, many matters of policy. However, I must say that I have a great deal of respect for Lowell because he so often presents a bare bones, no-nonsense view of the world and economics that is often not well-received in the hallways of government. I’m looking forward to more suggestions by people like Lowell, and other local experts, who understand more fully the macro and micro-economic implications of various amendments to the State Constitution.

On these particular budget matters, and the areas that Lowell has already pointed out for review, I think a ConCon would be the appropriate vehicle from which to examine and suggest improvements to a process that is so fundamentally a part of government’s role and responsibility.

Your thoughts on how ConCon can bring more transparency to and improve the state budget-making process?

[Della Au Belatti]

Aloha HawaiiConCon.org members. Because of my delay in posting the last two questions of the week, this question is going to remain open for one more day. I'll post my Question of the Week 7 on Wed. June 25th - with the time for voting to occur from Wednesday to Wednesday. Thanks for being flexible AND for those who are voting!

[Kaunaloa]

"(1) the Legislature tally expenditures to determine if the constitutional general fund ceiling is being exceeded; (2) a ban be placed on the creation of special funds that do not have a direct relationship between those who pay the fee and the benefits received from payment of that fee; and (3) tax credits be defined as general fund expenditures so that citizens and politicians alike can get a better handle and understanding of what general fund monies are foregone with the creation of such tax credits."

um, the fact the leg. DOESN'T do these things at present is, imo, pretty sad, so yeah, those and like measures should really be put into place