Georgia Budget and Policy Institute

This Week in the Georgia Legislature

engraved GA
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 FY 2010 revenue estimate is based on 4 percent revenue growth.

 
House and Senate Calendar 
  
The House and Senate are scheduled to be in session Monday, Tuesday, Thursday and Friday of next week. Friday, March 11th will be the 28th legislative day. The 30th legislative day (cross over day) is scheduled for March 16. 
Fiscal and Tax Policy 
 

Ways and Means Sub-committees Hold First Hearings

 

Among the bills receiving first hearings this week in Ways and Means were:

  • HB 319 to restore the sales tax exemptions for volunteer health clinics, Goodwill Industries, and food banks.
  • HB 325 to expand the tax credits for donations to student scholarship organizations for students attending private K-12 schools. The bill would expand the current aggregate cap on the tax credits from $50 million to $62.5 million and increase the cap by another 25 percent every time the cap is met.
  • HB 381 to freeze assessed values for property tax purposes for one year.
  • HB 322 to renew the sales tax exemption for jet fuel enjoyed by major airlines such as Delta Airlines.

Comprehensive Tax Reform Bills and Resolutions Still Waiting for Action

  

HB 385 incorporated the Tax Council's recommendations in full and now awaits action by the House and Senate. Three other bills (HBs 386, 387, and 388) include the same language as HB 385 and also could be vehicles for tax reform.

 

TABOR Constitutional Amendment Assigned to Ways and Means Committee

 

Senate Resolution 20 was read in the House this week and assigned to the Ways and Means Committee. The constitutional amendment would restrict state spending to a formula of population plus government inflation growth, locking in place the current $3 billion in cuts to services. Download GBPI's policy brief on SR 20, as well as a fact sheet on TABOR. Watch a video on this issue.

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, and now has passed the Senate, 46-4. There are relatively minor differences between the House and Senate versions of HB 77. A Senate and House agreement on HB 77 is expected early next week.
  
The House Appropriations Sub-Committees are continuing to meet on the FY 2012 budget. The FY 2012 budget contains hundreds of millions of dollars in additional cuts. Budget cuts have totaled $2.9 billion since FY 2009. Most state agency budgets have been cut by more than 20 percent. Read GBPI analysis of the governor's FY 2012 budget proposal:

Education Bills

The future of Georgia's HOPE and Pre-K programs was a major focus this week. Legislation was introduced in the House that makes significant changes to both programs. In addition, legislation was passed in the House that aims to study K-12 education funding in Georgia.

 

HB 326 - HOPE Reform and changes to Pre-K program 

 

Currently, HOPE scholarships and grants cover full tuition and a portion of fees, and provides a partial book allowance to eligible students. The current HOPE program also provides a 6.5 hour day for its Pre-K program.

 

HB 326 addresses HOPE's structural deficit by decoupling HOPE awards from tuition, and covering 90 percent of tution for FY 2011. In addition, HOPE funding for fees and books will be eliminated and HOPE scholarships will no longer cover remedial courses. In order to maintain HOPE grants, students will be required to earn a 3.0 GPA be the first checkpoint. HOPE awards will be adjusted each year based on lottery revenue, while a Zell Miller Scholarship program will be created to retain the state's brightest student. The bill adds 5,000 addtional Pre-K slots, but cuts the program from a 6.5 hour day to a four hour day. Addtional funds are provided for transportation and extended learning.

 

There are serious concerns regarding the impact that cuts to HOPE awards will have on the ability of students from moderate- and low-income families to pursue a postsecondary education. Also, cutting the Pre-K program from a full day to a half day could have an adverse impact on Georgia youth, particularly at-risk youth.

 

HB 192 - Establishes a QBE Study Commission

 

The House passed HB 192 that establishes a State Education Finance Study Commission that will study the Quality Basic Education (QBE) formula and education funding for public schools. The bill addresses the composition of the commission, duties and powers, timelines, and other related provisions. Furthermore, the bill requires a final report that includes a prioritization of all recommendations, a timeline for implementing the recommendations, and an estimated cost for each recommendation. The commission will disband on March 31, 2013.

Bills that Impact Georgia's Unemployment Trust Fund

Georgia's unemployment trust fund is insolvent in part due to continued employer state unemployment insurance (UI ) tax breaks. See GBPI's recent brief, Georgia's Unemployment Trust Fund: More than $600 Million Owed to the Federal Government, for more background.

 

Recently introduced bills are one step forward and two steps back on what should be a thoughtful strategy to put Georgia on the path to solvency.

 

SB 151 - State-wide Reserve Ratio; extend suspension of adjustments; provide for increase in the overall rate

 

From 2002 forward, Georgia policymakers passed legislation to suppress employer state UI tax increases that would build back the unemployment trust fund. In 2003, Georgia enacted legislation that suspended the increase in employer state UI tax unless the State-wide Reserve Ratio was less than 1.00 percent at which point the DOL commissioner would have the discretion to increase the overall rate by a maximum of 35 percent. Similar legislation was passed to continue this provision through 2011. During 2007-2011, the DOL commissioner discretion provision applied if the State-Wide Reserve Ratio was less than 1.25 percent. 

 

SB 151 continues to suppress the overall rate increase through 2012 but gives the DOL commissioner discretion to increase the overall rate by a maximum of 50 percent (up from 35 percent). This bill was passed by the Senate Insurance and Labor Committee on March 3 and goes to House Rules.

 

HB 292 - Employment security; extend rates and credits; change certain provisions

 

HB 292 contains the same surcharge provision as SB 151. It also contains provisions that keep employer standard state UI tax rates level for the next five years.

 

Under current law, new employers were scheduled to pay an increased state UI tax rate of 2.7 percent (up from 2.62 percent) beginning in 2012; however, HB 292 suppresses that increase for five years. Also, HB 292 would suppress the scheduled increase in the employer state UI tax rates until after December 31, 2016.

 

Keeping employer state UI tax rates level for five years will not move the unemployment reserve to solvency. The bill was referred to the House Industrial Relations Committee and will be discussed at a committee meeting on March 7.  

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

 

HB 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. The bill has been favorably reported from the House Insurance Committee. 

 

SB 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 assess the effect of mandated benefits taking into account the costs and impact of treatment and the cost savings to the health care system. This bill has passed the Senate and is assigned to the House Insurance Committee.

 

State Health Care Programs

 

HB 214 would create a new state Department of Public Health as a separate cabinet-level agency reporting directly to the governor. This bill implements a recommendation by a special commission created to help guide the long-term structure of the state's public health activities; it passed the House on Friday, March 4.

 

SB 63 would direct the Department of Community Health (DCH) to create a new Medicaid smart card that includes patient medical and identity information as well as fingerprint identification. The bill would require Medicaid patients to scan the card and their fingerprints when receiving health care services, in order to confirm they are the eligible enrollee. Prior to statewide implementation, the bill directs the agency to implement a three-to-six month pilot program in six Georgia counties, to be chosen by DCH. 

 

A fiscal note prepared by the Department of Audits and Accounts estimates the costs of a three- or six-month pilot program at $575,000 and $600,000, respectively. Full statewide roll-out is estimated to cost at least $23.2 million in the first year, with ongoing annual costs expected to be at least $3.2 million. 

 

The fiscal note was unable to forecast potential savings because of the difficulty in estimating what portion of existing fraud could be curtailed by this program as well as the potential for new types of fraud that can arise with new technologies.

 

The bill has been reported from sub-committee, and will likely receive a full committee hearing next week in the Senate Health and Human Services Committee.  

 

SR 140 proposes a Constitutional Amendment to dedicate $10 from the current vehicle registration fee to a trauma trust fund, to be established by the Legislature. If passed, the amendment would be placed on the 2012 ballot for ratification. The resolution is assigned to the Senate Finance 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. 

 

SR 55 proposes a Constitutional Amendment to declare that no Georgian could be required to participate in any health care system, in an attempt to prevent the application of the provisions in the Affordable Care Act that require most Americans to obtain health insurance in 2014. Because federal statutes take precedent over state laws, it is unlikely this Amendment would enable Georgians to avoid the requirement to have health coverage. This resolution is scheduled for a Senate floor debate and vote on Monday, March 8.

 

SB 22 directs the State Insurance Commissioner to seek a federal waiver of  Medical Loss Ratio 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. This bill has been favorably reported by sub-committee, and will next be in front of the full Senate Health and Human Services Committee. 

 

SB 20 and SB 25 seek to prevent agencies from implementing any portion of the law without approval from the legislature, while SB 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.

 

 

March 4, 2011 

Alan's Signature

Stay Connected: Join GBPI's Social Network.

 

Find us on Facebook
  
Follow us on Twitter
  

FACT CHECK


According to a local policy group, "The top 10 percent of income earners in Georgia pay 57 percent of state income taxes, while the bottom 53 percent of income earners pay only 9 percent of state income taxes."

 It sounds astounding until you ask the follow up question, "What share of total income did the top 10 percent earn?"

 

For 2008, the top 10 percent of income earners in Georgia had 51 percent of the taxable income and paid 54 percent of state income taxes.

 

Not quite as shocking when all the facts are present. Let's face it--Georgia's income tax system is nearly flat.  

HOPE reform, yes. But Save Pre-K and HOPE Grants, too.

 

Governor Nathan Deal recently released proposed plans to reform Georgia's prized lottery-funded HOPE program, which seeks to preserve HOPE scholarships as much as possible. GBPI Executive Director Alan Essig offers an alternative line of thinking to reforming the HOPE program with emphasis placed on Georgia's pre-K and HOPE grant programs.

 

Click here to read the commentary titled, "Reprioritize Funds to Get the Biggest Educational Bang for the Lottery Dollar."

 

In and Around Georgia

 

On March 2, Executive Director Alan Essig spoke at the PTA Day at the Capitol and at the Chamblee First United Methodist Church, providing an overview of the governor's proposed FY 2012 budget and recommendations of the Special Council on Tax Reform and Fairness for Georgians. 

 

 

Deputy Director Sarah Beth Gehl was a presenter for the Georgia Council of Nonprofits' web conference on how tax reform will affect nonprofits.

 

 

Senior Policy Analyst Clare Richie participated in the Annie E. Casey Foundation
 Partners Meeting in Atlanta, providing an overview of the governor's proposed FY 2012 budget.

 

 

Senior Health Care  Policy Analyst Tim Sweeney presented at the Families USA Health Action 2011 Conference in Washington, D.C. about state Medicaid programs, including the importance of preserving programs at a time when many states face budget shortfalls.

 

GBPI in the News

 

 

Athens Banner-Herald

 

Atlanta Journal-Constitution

 

New  York Times
  
Atlanta Journal-Constitution

 

Atlanta Journal-Constitution

 

Times Herald
 
NPR Weekend Edition
 
Atlanta Journal-Constitution
 
Savannah Morning News
Rome News-Tribune

2011 Legislative Session:

 

 

GBPI's Latest Analysis

 

 

 

  

 

  
  
 
  
  
  
  


Have We Hit the Bottom?

An overview of the governor's FY 2012 budget

  

Support GBPI's independent analysis by making a tax-deductible gift.

 

  donate
 
white GBPI logo for footer 
GBPI is the state's leading independent, nonpartisan nonprofit engaged in research and education about the fiscal and economic health of the state of Georgia. GBPI provides reliable and timely analysis of Georgia's budget and tax policies and promotes greater state government fiscal accountability, improved services, and an enhanced quality of life for all Georgians. Visit www.GBPI.org for more information.