JEFFERSON CITY, Mo. -- Passing the state budget is the only action the General Assembly is constitutionally required to take each year. Funding fights are common, but lawmakers usually pull the budget together on time.

But with the state in an unpleasant budget situation, some lawmakers are already questioning whether they will be able to deliver a constitutionally balanced budget to the governor by the May 10 deadline.

Gov. Bob Holden's $19.2 billion proposed budget included $480 million in spending cuts. He wants the legislature to authorize using the state's Rainy Day Fund to preserve another $135 million in spending -- an idea that has drawn a less-than-warm reception.

Last week, the governor declared an economic emergency to give lawmakers the constitutional go ahead to tap the fund. Republicans scoffed at Holden's definition of an emergency, saying the fund is intended for use during a natural disaster, such as a flood or earthquake.

"The governor's plan to raid the Rainy Day Fund is extremely shortsighted and doesn't reflect the long-term solution the state needs," said state Rep. Charlie Shields, R-St. Joseph.

Using the fund would require two-third majorities in both legislative chambers. Even Holden admitted the votes aren't there yet.

Plus, the fund would have to be repaid over the next three years, beginning next year. If state finances don't improve by then, using the fund could be just a postponement of the problem.

Without dipping into the fund, however, funding for state port authorities, including five in Southeast Missouri, Amtrak and various programs for the mentally ill and the elderly could disappear.

'It's storming'

Democrats continue to chastise Republicans for criticizing the governor while offering no alternatives.

"It's not just raining outside; we need to put away that term," said Lt. Gov. Joe Maxwell. "It's storming."

The Democratic chairmen of three House appropriations committees said Republicans have offered no amendments to cut department budgets being reviewed by those panels.

The House Budget Committee this week will begin hearing bills sent from the appropriations committees. Some of those bills are currently over budget.

The ranking Republican on the budget panel, state Rep. Kenny Legan, R-Halfway, isn't confident lawmakers will be able to agree on cuts.

"I don't know if we can get it done," Legan said. "There is the possibility that we could send the governor a budget that's out of balance and let him make the cuts."

Holden has line-item veto power over spending items. However, Holden hinted last week that if lawmakers can't finish the job on time, he may call a special session so they can complete it.

Tax me more

In a sarcastic shot at the governor, two Republican lawmakers filed a bill on Thursday that would establish the "Tax Me More Voluntary Fund."

In a news release announcing the bill, state Reps. Don Lograsso of Blue Springs and Mark Wright of Springfield said the fund "would allow citizens of Missouri, who believe that they are undertaxed or not paying their 'fair share,' the opportunity to pay additional taxes."

The lawmakers called on Holden to be the first to voluntarily pay more taxes under the bill, if it passes. Considering that the measure isn't intended to be taken seriously, that is unlikely.

Rape law changed

Missouri law is now clear that there is no statute of limitations on prosecution of forcible rape and sodomy. Holden signed the change into law Wednesday. It was the second bill the governor has signed in the 2002 legislative session.

The legislation was prompted by a Missouri Court of Appeals Western District decision that prosecution for such crimes must be initiated within three years from the time the crimes were committed. However, the state's other districts maintained there was no such limit.

No traffic cameras

A Senate committee has rejected a bill that would allow local governments to install traffic cameras to catch motorists who run red lights. The 5-2 vote came amid concerns about privacy and courts' rejection of automatic traffic cameras in other states.

Cape Girardeau is among the Missouri cities that have considered installing traffic cameras at intersections.

Judge-in-waiting

He's been appointed to the Missouri Supreme Court, and he's hearing cases with the court. However, Judge Richard B. Teitelman isn't yet a member of the court.

Gov. Bob Holden named Teitelman to the high court last month, but the judge hasn't stepped down from the Missouri Court of Appeals Eastern District. A Supreme Court spokesperson said Teitelman is wrapping up some cases with the appeals court and is expected to take his permanent place on the high court next week.

In the meantime, Teitelman sat with the high court for the first time last week as a special judge, participating in four of seven cases heard. Among them was his first death penalty case, a challenge by Terrance L. Anderson of his double-murder convictions by a Cape Girardeau County jury.

Smith to campaign

After two decades as right-hand man to U.S. Reps. Bill and Jo Ann Emerson, Lloyd Smith will end his official association with the Emerson political organization next month.

Smith, of Sikeston, is stepping down as Jo Ann Emerson's chief of staff -- a post he also held under her late husband -- to manage Republican Jim Talent's campaign for the U.S. Senate.

Smith joined Talent in Jefferson City on Thursday when the candidate officially filed to challenge incumbent U.S. Sen. Jean Carnahan, a Democrat. Carnahan hasn't yet filed but plans to do so.

mpowers@semissourian.com

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