Georgia Budget & Policy Institute
This Week in the Georgia Legislature
engraved GA
House and Senate Calendar   
The House and Senate have finished 27 legislative days. The new calendar sets the 30th day (last day for a bill to pass from one chamber to another) on March 25th, and the 31st legislative day on March 29th. The last nine legislative days have not been scheduled.
The Ever-Increasing Budget Shortfall
Last week the governor lowered the current fiscal year's revenue estimate by $343 million and the FY 2011 (beginning July 1) revenue estimate by $443 million. These lower revenue estimates, as well as the governor's decision to move Recovery Act funds from FY 2011 to FY 2010, and the Governor's revised plan for fees on Hospitals and care management organizations, creates an additional $1 billion shortfall in FY 2011 on top of the multi-billion dollar deficit.
 
The FY 2011 Additional $1 Billion Shortfall Is Caused by the Governor: 
 
  • reducing the FY 2011 General Funds revenue estimate by $342 million,
  • revising his plan to implement new fees on Hospitals and managed care organizations, which reduces revenue by $345 million, and
  • transferring $343 Recovery Act funds budgeted in FY 2011 to FY 2010 in order to cover part of the FY 2010 shortfall. 
 
Governor's Proposal to Close Additional $1 billion FY 2011 Shortfall
 
  • Additional budget cuts: $633 million
    • Education agencies ($243 million)
    • Healthcare ($239 million)
    • All Other Agencies ($151 million)
  • Raise new revenues: $244 million
    • Fee increases ($96 million)
    • Lift sales tax exemption on certain hospitals and non-profit hospitals ($130 million)
    • Payment from Georgia Technology Authority ($18 million
  • Other actions ($161 million)
    • Additional Federal Medicaid funds that replace state funds ($84 million)
    • Use Tobacco Settlement funds originally directed to One Georgia Authority to replace state funds in the low-income Medicaid program ($47 million)
    • Motor Fuel funds to replace state funds in debt service ($26 million)
 
The House of Representatives Appropriations Committee is working on the FY 2011 budget. It is uncertain when the House version of the FY 2011 budget will be completed.
 
For analysis and fact sheets concerning the governor's original Amended FY 2010 budget and FY 2011 proposals, as well as revenue options, please visit www.GBPI.org.
 
Senate Appropriations Committee passed out several bills this week, including:
 
  • SB 480 creates the State Council of Economic Advisors to help determine the official revenue estimate.
  • SB 421 increases the maximum funds in the Revenue Shortfall Reserve from 10 percent of previous years' net revenues to 15 percent.
Fiscal and Tax Policy 
 
House Ways and Means Committee Passes Fee Updates
 
On Thursday, the Ways and Means Committee passed a substitute for House Bill 1055, with new language raising various fees such as court fees, special license plate fees, and licensing fees. Fee increases are expected to raise $96 million, according to the governor's plan for the revised revenue estimate. 
 
Ways and Means Passes Bill to Create Tax Reform Council
 
The Ways and Means Committee passed HB 1405 on Thursday to form a Special Council on Tax Reform and Fairness. The bill specifies members of the Council, such as former Governor Zell Miller and Governor Perdue. 
 
Transparency for Tax Breaks and User Fees 
 
Senate Bill 206, which requires an accounting of tax breaks currently in the tax code, will be heard by the House Appropriations Committee on Monday. The bill passed the Senate unanimously last year. Read GBPI analysis of the topic here.
 
The Senate passed SB 381 to require an annual report of user fees, with information about what services are covered and the last change to the fee rate. Read GBPI analysis of the topic here.
 
Ways and Means Passes Resolution for Trauma Funding

The House Ways and Means Committee passed SR 277 on Thursday to send a constitutional amendment for a $10 car tag fee for trauma funding to the ballot for 2010. It proposes that revenue from the new fee be deposited into a trauma trust fund to be established by the General Assembly for trauma care purposes.

Proposed Bills Raise Revenue or Improve Fairness
 
 
Several bills that would increase revenue or improve fairness are:
  • HB 928/HR 1109 removes the sales tax exemption from lottery tickets and dedicates the new revenues to K-12 education.
  • HB 1246 removes the sales tax exemption from outdoor advertising.
  • HB 1278 includes many tax changes, including the elimination of several sales tax exemptions.
  • HB 1066 adds a temporary, one percent surcharge on income over $400,000.
  • HBs 1065, 1067, and 1068 temporarily reduces the value of tax credits by 15 percent.
  • HBs 982, 983, 986, 1093, and 1137, among others, improve tax collections through electronic data management, coordinate information sharing between state and local governments, or close a tax loophole.
 
Additionally, HB 39, which would raise the cigarette tax by $1- a-pack, remains active from last session. Read GBPI's latest fact sheet on the expected $355 million gain from HB 39.
 
HR 1 and HB 1023 Remain in the House Rules Committee
 
House Resolution 1, a constitutional amendment to restrict growth in property assessments to the lesser of 3 percent or inflation, remained in the House Rules Committee this week. The Lincoln Institute of Land Policy provides an in-depth analysis of the unintended consequences of these assessment caps in other states over the past 30 years. 
 
Likewise, HB 1023, almost identical legislation to the so-called JOBS Act the governor vetoed last session, remained in committee. The fiscal note for the bill indicates that the legislation would cause an $18 million drop in State General Fund revenues in FY 2011, growing to a $500 million revenue loss in FY 2013, depending upon the buildup of revenue reserve funds.
 
GBPI Resources About Taxes
Healthcare and Health Insurance Policy
 
Hospital and Managed Care Fees
 
The governor's original FY 2011 budget proposed a 1.6 percent fee on hospitals and managed care providers in Georgia to be directed to the state's Medicaid program. The budget projected $345 million in new revenue from these fees and the proposal would have directed them to: 1) increase reimbursement rates paid to hospitals and Care Management Organizations (CMO) serving Medicaid and PeachCare; 2) provide funding to cover increased costs as a result of enrollment growth in FY 2011; and 3) replace one-time funding used in FY 2010.
 
On March 11th, the governor released a revised budget proposal for FY 2011 that does not include these provider fees. Instead, the governor proposes to eliminate sales tax exemptions currently enjoyed by many hospitals, generating $130 million in new revenues for FY 2011. 

This week, the Ways and Means Sales Tax Subcommittee amended House Bill 299 to represent the proposal to eliminate the sales tax exemption for non-profit hospitals. The bill received its first hearing on March 17th and will need a second hearing in order to be reported out of the subcommittee.

 
The governor's new proposal also makes several adjustments to the Medicaid and PeachCare budgets:


1. It reduces Medicaid and PeachCare spending by $144.3 million by cutting reimbursement rates paid to Medicaid and PeachCare providers by 10.25 percent (excluding nursing homes, home and community based providers, and community mental health services).
 
2. It eliminates $70.9 million in reimbursement rate increases included in the governor's original FY 2011 proposal that would have been funded with revenue from the originally proposed provider fee.

3. It generates $2.2 million in savings in the PeachCare program by increasing monthly premiums by $5 per month for those currently paying premiums (premiums range from $10 to $70 per family, and are assessed on behalf of children 6 years old and older, beginning at 100 percent of the federal poverty threshold, which is approximately $18,300 for a family of three).
 
4. It generates General Fund savings by recognizing $84 million from additional federal Medicaid funds available from the Recovery Act.
 
5. It redirects $47.1 million in Tobacco Settlement funding traditionally allocated to the OneGeorgia Account, to instead fund the Medicaid program (this redirection is also included in the FY 2010 budget; however, the governor's initial FY 2011 budget restored funding to the OneGeorgia Account).

6. The governor's new proposal also assumes $23.6 million in savings by eliminating certain contracts and other efficiencies in the Department of Community Health.
 
HB 1170 is the governor's proposal (included in the original FY 2011 budget recommendation) to eliminate the exemption from the state's Insurance Premium Tax currently enjoyed by the CMOs that operate the state's Medicaid program. The governor's budget directs the revenue from this proposal to fund mental health services in the Department of Mental Health and Developmental Disabilities. The bill was favorably reported from the House Committee on Appropriations March 16th.
 
For more information about the governor's original Medicaid budget proposal, including a further discussion of the provider fee proposal, read Senior Healthcare Analyst Timothy Sweeney's analysis and testimony before a House subcommittee examining the proposal.

 
Health Insurance Regulation

 
Senate Bill 407 would allow insurance companies licensed and regulated in other states to sell health insurance policies in Georgia. Under these proposals, out-of-state insurers are exempted from state laws governing required benefits and consumer protections that apply to health insurers licensed in Georgia. This bill was favorably reported out of the Senate Committee on Insurance and Labor on March 9th. 
 
House Bill 1184 differs from SB 407; however, it also seeks to allow insurance products licensed and regulated in other states to be sold in the individual market in Georgia. The bill would allow insurers licensed in Georgia to sell policies that are approved in other states, even if those policies do not conform to Georgia insurance laws and regulations.
 
Furthermore, the bill was amended in subcommittee to allow in-state insurers to also offer any policies similar to those allowed from out-of-state insurers. This bill represents the governor's proposal and was reported out of subcommittee on March 17th. The bill is scheduled for a full committee hearing before the House Committee on Insurance Monday, March 22nd, at PM.
 
SB 330 would eliminate the ability of insurance companies licensed in Georgia to impose lifetime or annual caps on benefits for patients. In addition, the bill would limit the ability of insurers to rescind existing policies or deny services in the case of misstatements or omissions on insurance applications.
 
Finally, the bill would allow dependent children to remain on their parent's health insurance policy through the age of 25, even if the dependent is not a full-time student. (It is likely that the protections added by this bill would not be required of out-of-state policies sold in Georgia under the provisions of SB 407.) This bill was favorably reported out of the Senate Committee on Insurance and Labor on March 9th.

SB 331 would allow small employers with 2 - 50 employees to pool with other small employers to purchase group health insurance policies, and would require all health insurers in Georgia to offer plans -- often called Association Health Plans -- designed for these arrangements. This bill is currently assigned to the Senate Committee on Insurance and Labor.

SB 443 creates a legislative oversight committee to review and evaluate the CMOs that currently operate a portion of Georgia's Medicaid program. This bill was favorably reported out of the Senate Committee on Health and Human Services on March 10th.
 
Bills Related to National Health Reform
 
There are several bills and resolutions that seek to assert that Georgia could exempt itself from provisions in national health insurance reform proposals that legislators find objectionable. In particular, SB 317 would make it a state law that Georgians could not be compelled to "participate in any health care system," and that the purchase or sale of health insurance products and/or direct healthcare services could not be prohibited.
 
In addition, SR 794, SR 795, and HR 1086 seek to accomplish the same or similar goals through the constitutional amendment process, and as a result will require two-thirds majority in both the House and Senate to reach the ballot.
 
Although these bills are aimed at provisions in the national health insurance reform proposals in Congress that assess penalties for individuals who do not obtain health insurance (with exceptions related to affordability) through the federal income tax system, it is unclear as to whether these bills would enable Georgians to escape these federal rules if they are enacted.  
 
SB 317 passed the Senate on March 18th, however, SR 794 failed two floor votes in the Senate and is now dead. SR 795 remains in the Senate Committee on Judiciary, and HR 1086 was favorably reported by the House Committee on Health & Human Services.
March 19, 2010
 
Alan's Signature
Please support GBPI's independent legislative analysis by making a tax-deductible gift.
 
 donate
 
"The choices [states] make about how to close those deficits have serious implications ... States that rely primarily on widespread budget cuts are harming residents and businesses that need immediate assistance; they also are reducing demand in the economy and impeding their state's economic recovery ...."
 
Read
the full report by Iris Lav of the Center on Budget and Policy Priorities
Commentary
 
OP-ED by
Executive Director
Alan Essig
Published in AJC and Savannah Morning News 
 
New GBPI report by
Sarah Beth Gehl
For more info and reports, please visit:
 
GBPI in the News
 
Cutting the Budget, No Matter the Costs 
 
Raze and Rebuild Tax System
 
Georgia, Oregon Become Economic Test Case 
Atlanta Journal Constitution
 
Georgia Hurting for Funds
 Column by Jay Bookman of the AJC
 
State Budget Crises to Require Difficult Decision-Making
 
Taxing the Other Smoke: Pollution
AJC 
 
Georgia Should Raise its Taxes to Close the Budget Shortfall and Modernize the State  
 
 
The General Assembly and the State's Budget
Session 2010 Info:
 
white GBPI logo for footer 
The Georgia Budget and Policy Institute, the state's leading independent, nonprofit, non-partisan organization, seeks to build a more prosperous Georgia. We rigorously analyze budget and tax policies and provide education to inspire informed debate and responsible decision-making, advancing our vision of a state in which economic opportunity and well-being are widely shared among all.