House bill poses first big test for Huntsman

The first legislative session for a new governor and his staff is a bit like drinking out of a fire hose — too much, too quickly.

Gov. Jon Huntsman and his top aides are experiencing that right now. And it doesn't help that GOP leaders will push HB97 on the new governor.

The bill is sponsored by House Speaker Greg Curtis, R-Sandy. And, not surprisingly, it flew through a committee hearing Thursday on a straight party-line vote, Republicans for it, Democrats against it.

HB97 sounds mild: If the Legislature doesn't pass one of the budget bills, or if the governor vetoes one of the budget bills, without further action the current budget for the area covered in the bill would just continue for another year.

Sounds like just good, prudent government. Prepare for the worst, in case it happens.

Actually, HB97 is a legislative leader's dream and governor's nightmare. With such a law, legislators who disagree with the governor over a spending plan could just say: Go ahead, make my day.

And it may be a conservatives' day.

Except in times of real tax revenue hardship (experienced in 2001 and 2002), lawmakers and the governor each year increase state spending and individual budgets.

But conservatives in the House and Senate love to grouse about the spending.

And in the mid- to late-1990s, conservatives got into real battles with then-Gov. Mike Leavitt over spending. The state's budget grew at record levels. Still, conservatives were able to pump hundreds of millions of ongoing tax revenue into one-time projects, like new roads and buildings. It turns out it was a smart thing to do.

When the economic hard times hit, legislators just pulled that general fund money out of construction projects and the state limped by — no big tax cuts, slashing programs or laying off workers as some other states experienced.

If HB97 becomes law as written, the current and future governors could basically be powerless in opposing a conservative Legislature that didn't mind spending next year what it spent this year on this or that budget.

And if legislative leaders really got tricky and wrote and passed an appropriation bill targeted to foil a governor's specific funding dispute with lawmakers, well, things could really get interesting.

Yes, Huntsman's first big test as chief executive is coming. Can he convince legislative leaders to dump HB97? Will he veto it if it should pass?

Or will he just pretend it really isn't that important and let it become law? (Huntsman's legislative aide Mike Mowers testified against the bill Thursday, saying the governor opposes it and hopes legislators will study the issue for at least a year.)