AG says governor lacks authority to prevent shutdown

RICHMOND, Va. Attorney General Bob McDonnell believes Governor Tim Kaine has NO power to keep state government open if the legislature fails to pass a budget by June 30th.

The Richmond Times-Dispatch reports today that McDonnell privately stated his position to House and Senate budget negotiators last week.

The Democratic governor continues to insist that he can invoke emergency powers to maintain essential state services if a new budget is not in place when the old one expires at the end of this fiscal year. University of Virginia law professor A-E Dick Howard -- the chief architect of the modern Virginia Constitution -- agrees with Kaine.

But House Appropriations Committee chairman Vince Callahan says McDonnell believes the governor can't do anything unless money is appropriated by the General Assembly.The legislature is now in its 147th day of the budget stalemate. Negotiations may resume this afternoon.