Monday, February 14, 2011

Legislative Updates from GBPI and the Libertarian Party

Here was the end of the week wrap up from Georgia Budget and Policy Institue that went out Friday:

State Revenues  

State revenues for the first seven months of this fiscal year are running 8.1 percent ($705 million) ahead of the FY 2010 revenue collections. More than $122 million of the growth is accounted for by a decrease in the number of refunds distributed. Discounting fewer refunds distributed, actual revenue growth is 4.8 percent.

 

The governor's FY 2011 revenue estimate projects an increase in revenues of 4 percent ($610 million). It seems highly likely that the fiscal year will end in a surplus of several hundred million dollars, which the governor has stated will be used to begin rebuilding the Revenue Shortfall Reserve.

According to the governor, his FY 2012 revenue estimate is a modest 3.75 percent. The governor included in his FY 2011 base $288 million in one time revenues from the GEFA monetization. Not taking into account the one time revenues from the GEFA monetization and comparing growth in taxes and fees, the revenue estimate actually projects a more substantial increase of 5.8 percent compared to FY 2011 projected collections. However, to drive a surplus of $300 to $400 million in FY 2012 to continue rebuilding the Revenue Shortfall Reserve, revenues will need to grow between 7 and 8 percent.

House and Senate Calendar 
The House and Senate are scheduled to be in session next week for the 14th legislative day on Tuesday, February 15, the 15th legislative day on Wednesday, February 16, and the 17th legislative day on Thursday, February 17

State Budget: FY 2011 Amended and FY 2012

Process

Governor Deal released his proposed budgets on January 12, 2011. (Download the proposed budgets.) 
  
The Amended FY 2011 Budget (HB 77) passed the House of Representatives 136-29. There were minimal changes made to the governor's proposal and HB 77 now will go to the Senate. 
  
The Senate Appropriations Sub-Committees will continue to meet on the Amended Budget and the House Appropriations Sub-Committees will begin to take up the FY 2012 budget.
 
GBPI Analysis 

The governor's FY 2012 budget proposal is disappointing in that it does not take a balanced approach to solving the state deficit. The budget contains additional cuts to education, with significant cuts to higher education, as well as cuts in services to our most vulnerable populations. A balanced approach to the fiscal crisis that includes additional revenues would assure that the factors most important to economic growth in the state, such as higher education, receive the necessary resources for Georgia to prosper.


The following are GBPI analysis:

Fiscal and Tax Policy 
 
Special Legislative Committee Takes Up Tax Council Recommendations


The Special Joint Committee on Georgia Revenue Structure held its second meeting to hear from members of the Tax Council. Their next meeting will be February 17 at 1 p.m. As the Special Joint Committee moves forward on tax reform, GBPI offers adjustments to the Tax Council's recommendations to lessen the tax shift:

  • Maintain the grocery exemption;
  • Lower the income tax rate to 4.5 percent rather than the 4 percent recommended by the Tax Council;
  • Re-craft the proposed personal income tax credit into a robust, refundable low income tax credit and targeted standard deduction.

Download GBPI's analysis with additional adjustment options here.

  

New GBPI Policy Brief on Senate Resolution 20 Available.

 

Senate Resolution 20 passed the Senate Finance Committee and awaits action by the Senate. The constitutional amendment would restrict state spending to a formula of population plus government inflation, similar to Colorado's TABOR.

 

In 2005, Colorado voters suspended the TABOR formula for five years to stop the many harmful budget cuts that had occurred under TABOR. Since Colorado adopted TABOR in 1992, more than 20 state legislatures have rejected TABOR, and it has been voted down in every state in which it reached the ballot. Business leaders, elected officials from both parties, and higher education officials, among others, recognize that TABOR has limited Colorado's ability to maintain critical services.

 

Download GBPI's policy brief on SR 20 and watch a video on this issue.


Health Care Legislation

 

Several health care bills have been introduced in both the House and Senate that address a wide variety of health care issues, including private insurance regulation, Georgia's Medicaid and PeachCare programs, public health and trauma care, and the state's role in implementing the Affordable Care Act.

 

Private Insurance Regulation

 

House Bill 47 is similar to legislation introduced in recent years to allow health insurance companies to sell health insurance products licensed in other states. This bill would allow Georgia insurers to offer policies they currently offer in other states, even if those policies do not cover services required under Georgia law. Effectively, this bill would allow insurers to sell plans to Georgians that do not cover certain benefits that must be covered by plans licensed in Georgia. The bill is assigned to the Health and Life Sub-committee of the House Committee on Insurance.

 

Senate Bill 17 would create a Special Advisory Commission on Mandated Health Insurance Benefits, effective in 2012. The Commission would be charged with a variety of duties, including developing a system to asses the effect of mandated benefits taking into account the costs and impact of treatment and the cost savings to the health care system. In particular, the Commission would be charged with assessing the social and financial impact and the medical efficacy of new mandates when they are proposed. This bill has been favorably reported from the Senate Insurance and Labor Committee.

 

State Health Care Programs

 

House Bill 214 would create a new state Department of Public Health as a separate cabinet-level agency. In FY 2010, the Georgia Division of Public Health was moved into the Department of Community Health as part of the reorganization of the former Department of Human Resources. As part of the move, a commission was established to examine and make recommendations to the Legislature for the permanent placement of Georgia's public health functions. The Public Health Commission recommended the creation of a new agency; HB 214 implements this recommendation. The bill is currently assigned to the House Committee on Health and Human Services.

 

Senate Bill 63 would direct Georgia Medicaid program to create a new Medicaid smart card that includes recipient medical information as well as fingerprint identification to be used by all enrollees. The bill would require Medicaid clients to use the card at the point of service to receive benefits and would require providers to verify the patients identity using a fingerprint scanner to match information from the card. Prior to statewide implementation, the bill directs the agency to implement a pilot program in the following Georgia counties: Brantley, Camden, Glynn, Pierce, Ware, and Wayne. The bill is currently assigned to the Senate Health and Human Services Committee.  

 

Affordable Care Act

 

Several bills have been introduced that seek to prevent state agencies from, or limit the ways in which state agencies go about, implementing the Affordable Care Act. In particular, Senate Bills 20 and 25 seek to prevent agencies from implementing any portion of the law without approval from the legislature, while Senate Bill 23 would prevent agencies from proposing or adopting any administrative rules regarding the implementation or enforcement of the Affordable Care Act without legislative approval. All three of these bills have been assigned to the Senate Health and Human Services Committee.

 

In addition, Senate Bill 22 authorizes and directs the governor to seek a federal waiver of provisions that require health insurance plans to spend a certain amount of the premiums collected on health care services as opposed to administrative or marketing expenses. The portion of premiums directed to health care services is called the Medical Loss Ratio (MLR) and the Affordable Care Act sets new rules establishing minimum MLR requirements for health insurance plans. This bill has been assigned to the Senate Health and Human Services Committee.  

Libertarian Party update 

This week will contain the halfway point to Crossover Day - the day when a bill must pass out of its originating chamber and "cross over" to the other chamber in order to possibly become law in 2011. So far there are 783 bills and resolutions introduced in the Assembly, and more bills are beginning to make their way out of Committee and onto the Floor for debate. In one great, though temporary, stop this week, freshman State Rep BJ Pak (R-Lilburn) introduced a floor amendment to HB 72, the English-only driver's test bill, and the bill was subsequently tabled.

 

ACTION ITEM

Although multiple polls have shown tremendous support for local control of alcohol sales in Georgia, the Senate has stalled out on passing 

SB 10, though a House Committee passed out its version of the bill, HB 69, this week. This week's action item is to call, email, and/or as many legislators as you can in support of these bills, and encourage your friends and family to do the same. The polls I mentioned moments ago have shown that upwards of 60-80% of Georgians support this measure, and I urge you to make the legislators hear our will. One important thing to remember is that this bill isn't about alcohol, but rather local control of the issue.  A great email to guide your contact (written by our New Media director) can be found here. If you don't know who represents you, or you need to find contact information for more than your Representative, you can find all contact information for all State Representatives here.  That same information can be found for the State Senators here.

 

THE GOOD

State Senator Buddy Carter (R-Savannah) has introduced a package of several bills, 

SB 69SB 70SB 71SB 72SB 73SB 74 & SB 75, that would make all local elections non-partisan. Clearly, this would be a GREAT opportunity for Libertarians to run for more local offices, as many of these positions are currently partisan races and subject to the state's draconian ballot access laws. Freshman State Rep Elena Parent (D-Atlanta) has introduced HB 188, requiring a searchable database be maintained on a weekly basis of all appropriations in the current budget bills, both Amended and for the next fiscal year.

 

THE BAD

This week, freshman Republican State Senator Josh McKoon (R-Columbus) introduced 

SB 80, a bill to require DNA samples upon arrest for certain felonies. This bill is especially interesting because it is largely an exact copy of last year's HB 1033 - by a former State Rep who shortly thereafter lost the DEMOCRATIC Party's primary for Attorney General. Last year, 2008 Libertarian Party Presidential Candidate Bob Barrwrote about HB 1033 last year, as did our Executive Directorand their comments still apply to the bill introduced by Senator McKoon. While we're talking about bills that invade medical privacy, the Prescription Drug Monitoring Program, defeated in each of the last two years, largely due to our vigilance and action, has returned as State Senator Buddy Carter (R-Savannah)'s SB 36 and State Rep Tom Weldon (R-Ringgold)'s HB 184. Finally, State Senator Judson Hill (R-Marietta) introduced SB 5 several weeks ago to put a driver's medical data on an RFID chip embedded on their drivers' license. This bill would be one of the single biggest threats to medical privacy currently being debated in the Legislature, and it will receive its first hearing in the Senate Public Safety Committee this Monday morning, Feb 14 2011 at 2pm in room 450 of the State Capitol.

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