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States' constitutions require balanced budgets

The Ohio legislature is facing budget cuts on the state and local levels, in order to balance the budget. All but one state's constitution requires lawmakers to balance the budget each year.

One option legislators have to avoid spending cuts — especially in tough economic times — is to amend the state constitution. However, legislators do not support such a measure.

The Ohio Legislative Service Commission, a fourteen-member non-partisan board, writes all the bills the General Assembly considers. Many board members said allowing the state to deficit spend would not be a good idea.

Board member, Rep. Patricia Clancy, R-Cincinnati, said she thinks the founding fathers were instrumental in placing the requirement for the state to balance the budget into the Constitution.

"They were dead right," Clancy said. "Even though it is stressful and inconvenient for a whole host of reasons, it's a good thing that we have to balance it because the state really has to balance its priorities."

Clancy said most Ohio citizens do not realize the state is required to balance the budget.

"It doesn't really sink in until it is something they are specifically interested in. Knowledge obviously is power about this."

Rep. Gary Cates, R-West Chester, also a board member, said he does not think amending the constitution would be a good idea.

"It instills a discipline to make sure the government doesn't deficit spend," Cates said. "The federal government has the ability to issue debt. When you get to local, county and state government, it is an excellent clause so you do not put your citizenry into debt. As painful as it can be, in the long run in can be very effective."

Vermont, the only state that is allowed constitutionally to deficit spend, traditionally has not, said Michael Chernick, a member of the non-partisan research council of the Vermont Legislature. While Vermont does not have a constitutional provision, politically the legislature has to balance the budget.

"There isn't a constitutional requirement but there is a political reality the legislature has to adjourn with a balanced budget," Chernick said.

Chernick said while Vermont is experiencing fiscal problems, their problems are not as severe as many other states so they are not considering deficit spending. The lawmakers set up rainy day funds that the legislature uses at the end of the year to a minimal extent necessary.

If Ohio were to consider amending its constitution, it can be done two ways. The first, and more popular way, is by a 3/5 vote from both Houses of Congress. The General Assembly would have to adopt a joint resolution. Then, the proposal would be submitted to the voters and if a majority voted "yes" on it, the proposal would be adopted, said Jim Burley, Ohio Legislative Service Commission director.

The second way is through the initiative petition. The citizen-based petition requires 10 percent of electors to sign it to propose an amendment to the Constitution.

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