Lottery bill squeaks through Alabama Senate; BP settlement bill also advances

(The latest: A state lottery bill died, returned to life and then died again in the Alabama Legislature this week. The House voted 64-35 Thursday night for an amended version of SB 3that included revenue earmarks for Medicaid, education, and rural and community fire departments. That move came after the House reconsidered its initial 61-37 vote on the bill, which fell two votes short of the 63 votes required to pass a constitutional amendment. However, the Senate on Friday voted 23-7 against concurring with the House’s changes, killing SB 3 for the session. The Senate has yet to vote on the BP oil spill settlement bill, HB 36. Both the House and Senate have adjourned until Sept. 6. Three meeting days remain in the session.)

By the slimmest of margins, the Alabama Senate on Friday passed a heavily amended version of Gov. Robert Bentley’s state lottery proposal. Senators voted 21-12 for the plan, giving it the 60 percent majority required for proposed constitutional amendments.

SB 3, sponsored by Sen. Jim McClendon, R-Springville, now goes to the House. The Legislature will return Tuesday for its sixth of 12 possible meeting days during the special session.

Passage of SB 3, which its proponents called a “clean lottery bill,” came a day after the Senate failed to pass SB 11, also sponsored by McClendon. SB 11 not only would have created a lottery but also would have expanded gambling at six locations across the state and authorized Bentley to negotiate a compact with the Poarch Band of Creek Indians.

Senators repeatedly amended SB 3 in an effort to make the bill more acceptable to potential opponents. Key changes included earmarking the first $100 million of state lottery proceeds for Medicaid and dedicating 10 percent of proceeds to education. (The bill initially would have directed all lottery revenue to the General Fund, which supports non-education services like health care and public safety.) However, the education provision may have been removed inadvertently during the amendment process, the Montgomery Advertiser reports.

Other amendments that won Senate approval would limit further expansion of gambling, prohibit using state proceeds to advertise the lottery, and bar the lottery commission from hiring lobbyists, legislators or lawmakers’ family.

Bentley estimates the lottery would raise $225 million a year for Alabama. Proceeds from lotteries in states similar in size to Alabama ranged between $128 million and $327 million in 2014. But as more states participate, lottery revenues are declining in many parts of the country. Check out Arise’s fact sheet to learn more about how lotteries affect low-income people and state revenues.

Arise does not take a position for or against a lottery. But it’s important to note that even if a lottery passes the Legislature and wins voter approval, the proceeds would not be available in time to end the current Medicaid funding crisis. The Legislature must find an additional $85 million to address Medicaid’s 2017 shortfall and reverse the 30 percent Medicaid payment cuts to pediatricians and other primary care doctors that began Aug. 1. Medicaid provides health coverage for one in five Alabamians, mostly children, seniors, and people with disabilities.

BP settlement bill in line for Senate vote next week

One measure that could help avert the 2017 Medicaid cuts cleared a Senate committee Friday. HB 36 would issue bonds against BP oil spill settlement funds owed to the state. That revenue would be used to pay off state debts, freeing up $70 million for Medicaid. The House voted 91-10 Wednesday for the bill, sponsored by Rep. Steve Clouse, R-Ozark.

While the Senate committee approved the House version of HB 36, changes likely will be offered on the Senate floor. If the Senate passes a different version, HB 36 would return to the House, which either could agree with the changes or send the bill to a conference committee to negotiate the differences.

By Carol Gundlach, policy analyst. Posted Aug. 19, 2016. Updated Aug. 26, 2016.

Lottery, BP settlement bills clear Alabama legislative committees as special session on Medicaid funding continues

(Update: The Alabama House voted 91-10 Wednesday to pass the BP settlement bill (HB 36). A Senate committee approved the bill Friday, positioning it for a Senate vote Tuesday. SB 11 lost a procedural vote in the Senate on Thursday, greatly reducing its chances of passage. Senators are expected to debate SB 3 on Friday.)

Two very different lottery bills won approval in the Alabama Senate’s Tourism and Marketing Committee on Tuesday, the second day of a special session prompted by a Medicaid funding shortfall. Both are sponsored by Sen. Jim McClendon, R-Springville, and the Senate could debate both as soon as Wednesday. (Check out Arise’s fact sheet to learn more about how lotteries affect low-income people and state revenues.)

SB 3, introduced at the request of Gov. Robert Bentley, creates a “simple” lottery consisting only of lottery ticket sales. SB 11 would create a ticket-based lottery but also would allow (and tax) “electronic lotteries” at existing dog tracks in Greene, Jefferson, Macon and Mobile counties. SB 11 also would authorize Bentley to seek additional state revenue by negotiating a compact with the Poarch Band of Creek Indians.

SB 3 would direct state lottery revenue to the General Fund (GF), which supports non-education services like health care and public safety. SB 11 would direct state lottery and gambling tax revenues to both the GF and education budgets. Both plans would require voter approval in November.

Arise does not take a position for or against a lottery. But it’s important to note that a lottery would not produce revenue in time to fund Medicaid fully in 2017, or to reverse the 30 percent Medicaid payment cuts to pediatricians and other primary care doctors that began Aug. 1. More cuts will follow unless the Legislature addresses Medicaid’s $85 million shortfall. Medicaid provides health coverage for one in five Alabamians, mostly children, seniors, and people with disabilities.

House approves BP settlement bill that could stop 2017 Medicaid cuts

One measure that could help avert Medicaid cuts in 2017 cleared the House’s GF budget committee Tuesday. HB 36, sponsored by Rep. Steve Clouse, R-Ozark, would use income from the BP oil spill settlement to offset state-issued bonds. Revenue from those bonds would be used to pay off state debts, thereby freeing up $70 million to go toward Medicaid’s $85 million shortfall in 2017. The House could consider the bill Wednesday.

Alabama needs adequate, stable Medicaid funding to avoid cuts that hurt our communities, our neighbors and our health care system. The long-term solution should include passing new revenue and closing the coverage gap for working families, Arise policy director Jim Carnes wrote on Equal Voice News. Expanding Medicaid would allow Alabama to reap considerable state savings on mental health care and other services. (Check out Arise’s fact sheet to learn more about how Medicaid expansion would benefit Alabama’s health, economy and budgets.)

By Carol Gundlach, policy analyst. Posted Aug. 16, 2016. Last updated Aug. 19, 2016.

Medicaid cuts loom, payday reform falls just short as Alabama Legislature ends 2016 regular session

The Alabama Legislature’s 2016 regular session, which ended Wednesday, was more notable in many ways for what didn’t happen than for what did.

Lawmakers did not agree on a revenue solution to prevent devastating Medicaid cuts that would reduce health care access for hundreds of thousands of children, seniors, and people with disabilities in Alabama. Despite enormous public support, payday lending reform didn’t cross the finish line in the House. State education funding still hasn’t returned to where it was in 2008. And proposals to expand affordable housing and reform Alabama’s death penalty system gained little traction at the State House.

Still, progress was real on several of Arise’s priority issues. With minutes left in the session, lawmakers passed a bill to expedite voting rights restoration for thousands of Alabamians. Payday lending reform made it further in the Legislature than it ever has before, with a reform bill sailing through the Senate 28-1. And the new #IamMedicaid campaign continues to remind lawmakers and the public of the real human faces behind Alabama’s Medicaid debate.

Here is a recap of what happened on each of Arise’s issue priorities this session – and the action that may yet lie ahead on them this year.

State budgets

Deep Medicaid cuts in Alabama moved much closer to reality Tuesday when a bill that would have averted most of them died in a Senate committee. HB 569 would have used BP oil spill settlement money to help free up $70 million to go toward Medicaid’s $85 million shortfall, but the bill died when the Senate’s General Fund (GF) budget committee adjourned without voting on it. Committee chairman Sen. Trip Pittman, R-Montrose, ended the meeting after his colleagues voted 9-6 to side with a proposed substitute by Sen. Arthur Orr, R-Decatur. Orr’s plan would have reduced the amount of road money in the bill and distributed those funds to all areas of Alabama instead of just coastal areas. The substitute also would have increased the share of settlement money used for debt repayment, fully repaying the Alabama Trust Fund (which receives state revenue from oil and gas drilling) for money that the state borrowed to avoid massive GF cuts in recent years.

The Legislature may return later this year for a special session to address the Medicaid shortfall, but Gov. Robert Bentley said “everybody’s got to rest a little bit” before he makes that decision. Even though the regular session is over, lawmakers are expected to continue a series of weekly hearings on Medicaid’s funding structure and importance to the state’s health care system. Meanwhile, Alabama moves ever closer to a future when deep Medicaid payment cuts could prompt many pediatricians to leave the state and could imperil many of the rural hospitals and doctor’s offices upon which Medicaid patients and privately insured Alabamians alike depend. The cuts could end Medicaid coverage for outpatient dialysis and adult prescriptions and eyeglasses as well. Also on the chopping block could be the Program of All-Inclusive Care for the Elderly (PACE) in Mobile, which saves the state money by allowing participating seniors to live independently in their own homes instead of being sent to a nursing home.

The Education Trust Fund (ETF) budget drew many fewer headlines than the GF this year, but state education funding is still about 15 percent below its pre-recession level of 2008, adjusted for inflation. (Even the 2008 funding level was insufficient to meet many of Alabama’s educational needs.) The 2017 ETF budget includes a 33 percent boost in pre-K funding and provides a 4 percent pay raise for most K-12 teachers. Universities and two-year colleges also received slight increases.

Payday lending reform

Alabama’s payday reform movement enjoyed an unprecedented breakthrough in the Legislature this year when a reform bill passed 28-1 in the Senate, but the plan came up just short of final passage. SB 91, sponsored by Orr, was on the House calendar Tuesday but never reached the floor for a vote after a long day of filibusters. Orr’s bill would have given Alabama payday borrowers a more realistic path out of debt by slashing interest rates, allowing installment payments and giving borrowers at least six months to repay. (Current state law allows payday loans to carry interest rates of up to 456 percent a year.) Arise will work with Alabama Appleseed and other advocates to build on this year’s momentum and growing public support as the reform movement continues into 2017.

Voting rights

Alabama will speed up the voting rights restoration process for thousands of people if Bentley signs a bill that the Legislature passed Wednesday. With just minutes left in the session, the House passed SB 186, sponsored by Sen. Linda Coleman-Madison, D-Birmingham, and sent it to the governor. The clock struck midnight just before the Senate could consider another voting rights bill – HB 268, sponsored by Rep. Mike Jones, R-Andalusia – which would have clarified what counts as a “crime of moral turpitude” that bars someone from voting in Alabama. Other proposals to expand voting access, including multi-day voting and same-day voter registration, died in committee.

Death penalty reform

A bill to establish a state Innocence Inquiry Commission for death penalty cases – SB 237, sponsored by Sen. Dick Brewbaker, R-Montgomery – cleared the Senate this year but died Tuesday when the House Judiciary Committee didn’t vote on it. Other proposed reforms to Alabama’s death penalty system, including a three-year moratorium on executions, went nowhere. The U.S. Supreme Court on Monday ordered further review of Alabama’s capital sentencing scheme, which allows judges to override a jury’s sentencing recommendation. A state circuit judge in March declared Alabama’s judicial override system unconstitutional, but the state has appealed that ruling.

Tax reform

Alabama’s tax system will remain upside down for another year, as the Legislature declined to consider measures to end the state grocery tax or close corporate tax loopholes. A bill to increase the state property tax won Senate committee approval but went no further. A proposed 75-cent cigarette tax increase won the endorsement of the Alabama Health Care Improvement Task Force but was never introduced in the Legislature. Lawmakers did, however, enact new tax breaks for small businesses and for increased use of state port facilities. The Legislature also passed a bill – SB 208, sponsored by Orr – to require annual reports on whether tax incentives are producing their intended economic effects.

“Ban the box” legislation

SB 327, sponsored by Sen. Quinton Ross, D-Montgomery, won Senate committee approval on April 7 but never reached the Senate floor. The bill would have removed the criminal history checkbox from state job and license applications, removing a potential barrier to employment for thousands of Alabamians looking to rebuild their lives and provide for their families after serving their time for a criminal offense.

Housing Trust Fund (HTF)

A bill to increase the state mortgage recording fee and distribute some of the revenue to the state HTF died in a House committee. HB 341, sponsored by Rep. Patricia Todd, D-Birmingham, would have created a dedicated state funding source for the HTF, which could create thousands of jobs while addressing Alabama’s need for more than 90,000 affordable homes for residents with extremely low incomes.

Quick overviews of Arise’s 2016 issue priorities

Your time is important, and your voice for a better Alabama is essential. That’s why we’ve prepared these quick overviews to keep you up-to-date on what’s happening at the Alabama Legislature on Arise’s 2016 issue priorities. We’ll update this post as needed.

“Ban the box” legislation: ‘Ban the box’ law would help rebuild lives in Alabama — The “criminal history checkbox” on many standardized job application forms often keeps otherwise qualified employees from making it to the next stage of the hiring process, where they could explain their past face-to-face. This creates discouraging barriers to employment for people who are looking to rebuild their lives after serving their time and paying their debt to society. A growing national “ban the box” movement to remove those checkboxes from job applications is helping former inmates become productive members of society and provide for their families. It could do the same for thousands in Alabama. (The Senate Judiciary Committee on April 7 approved SB 327, which would “ban the box” on state job and license applications, but the Senate never voted on it.)

Death penalty reform: Death is different: Reforming Alabama’s capital punishment system — People accused of capital crimes deserve every possible safeguard to ensure the integrity of a conviction. This overview examines several bills that could lower the risks of errors and injustice and could bring Alabama law into compliance with U.S. Supreme Court rulings.

Health care: Medicaid RCOs: Better care, better health, lower costs — Medicaid’s promising new regional care organization (RCO) reforms are designed to keep patients healthier while cutting health care costs. Investing in preventive care now should pay off in fewer costly emergency room visits later. (The Legislature on April 5 overrode the governor’s veto to pass a General Fund budget that would force deep Medicaid cuts. Lawmakers may return later this year for a special session to address Medicaid’s funding shortfall.)

Housing: Home at last: The Alabama Housing Trust Fund — Alabama has a shortage of almost 90,000 affordable and available homes for residents with extremely low incomes. State funding for the Alabama Housing Trust Fund (HTF), created in 2012, could reduce this shortfall and make dreams of home a reality for tens of thousands of families, seniors, veterans, and people with disabilities.

Payday lending reform: SB 91: A step in the right direction for Alabama borrowers — Payday loans in Alabama carry astonishingly high interest rates: up to 456 percent a year. A Senate proposal would give payday borrowers a less expensive path out of debt by reducing the maximum interest rate and allowing borrowers to pay off their loan in installments over time. (The Senate passed the bill 28-1 on April 5. A House committee approved a different version of SB 91 on April 27, but the regular session ended without a House vote on either version.)

State budgets: Alabama’s education budget begins to rebuild, but General Fund struggles put Medicaid at risk — The usual contrast between Alabama’s starving General Fund budget and its slightly healthier but still inadequate Education Trust Fund budget is exceptionally stark this year. As education finally climbs back toward its 2008 funding level after years of enormous cuts, the latest General Fund shortfall threatens devastating Medicaid cuts with effects that could ripple through the state’s entire health care system. (The Legislature on April 5 overrode the governor’s veto to pass a General Fund budget that would force deep Medicaid cuts. Lawmakers may return later this year for a special session to address Medicaid’s funding shortfall.)

Tax reform: Cigarette tax for Medicaid: A win-win to improve health and fill Alabama’s revenue gap — The future of Alabama Medicaid is on the line as lawmakers confront yet another threadbare General Fund budget. Without significant new long-term revenue, Medicaid will continue to be at risk of cuts to vital services and doctor payments that could place the entire program — and Alabama’s entire health care system — at risk. A cigarette tax of 75 cents per pack could provide long-term revenue needed to avoid those cuts, while also reducing health care costs and saving lives in Alabama.

Voting rights: A menu of options to improve voting rights in Alabama — Our entire democratic system depends on how elections are structured and who can participate. When barriers exclude people from voting, they often lose faith in a system that doesn’t seem to value their voice in our society’s decision-making process. This overview examines several bills that would protect and expand voting rights, including proposals related to early voting, streamlined voter registration and voting rights restoration. (SB 186, which would expedite the state’s voting rights restoration process, has gone to Gov. Robert Bentley after passing the Senate on April 19 and the House on May 4. Different versions of HB 268, a bill to clarify which crimes are “crimes of moral turpitude” that permanently disqualify offenders from voting in Alabama, passed the House on April 19 and the Senate on May 3, but the plan died May 4 when the regular session ended before the House could vote on a proposed conference committee version.)

Posted March 7, 2016. Last updated May 5, 2016.

Cigarette tax for Medicaid: A win-win to improve health and fill Alabama’s revenue gap

The future of Alabama Medicaid is on the line as lawmakers consider a threadbare 2017 General Fund budget. Without significant new revenue, Medicaid would not only lose the promising regional care organizations (RCOs) set to launch in October but also would cut vital services and doctor payments. Those cuts could place the Medicaid program itself – and Alabama’s entire health care system – at risk.

The Alabama Health Care Improvement Task Force has proposed a solution that would:

  • Increase Alabama’s cigarette tax by 75 cents a pack, bringing in an estimated $200 million in new General Fund revenue in the first year.
  • Direct 90 percent of the new revenue (or $180 million) to Medicaid.
  • Direct the remaining 10 percent (or $20 million) to the Department of Mental Health for substance abuse treatment services.

A 75-cent cigarette tax increase would be a win-win for Alabama because it would:

  • Fill the Medicaid budget shortfall, strengthening the program and saving the RCO reforms that are designed to save money while keeping patients healthier.
  • Encourage smokers to quit and discourage young people from starting.
  • Have disproportionate health benefits for low-income Alabamians, who are more likely to respond to the tax increase by quitting smoking.
  • Have a long-term positive impact on public health – and health care costs for everyone. Even if smokers quit and cigarette tax revenues drop, Medicaid would save money because fewer people would have smoking-related diseases.

BOTTOM LINE: Now is the time to raise the cigarette tax by 75 cents a pack to save Medicaid, save health care dollars and save lives in Alabama.

Same old song: Alabama faces another shortfall for vital services, but lawmakers aren’t eager to raise revenue to prevent cuts

Groundhog Day, the first day of the Alabama Legislature’s 2016 regular session, left advocates for human services feeling a powerful sense of déjà vu. A mere five months ago, the Legislature managed, with small tax increases and large transfers from the Education Trust Fund (ETF) budget, to pass a 2016 General Fund (GF) budget that barely maintained Medicaid, mental health care, corrections and other essential services.

It took lawmakers three tries to pass this year’s GF budget, and many advocates hoped the grueling experience would lead legislators to sober consideration of Alabama’s very real need for sustainable new revenue for the perenially cash-strapped GF. Unfortunately, that doesn’t seem to be the case for many of them.

The Legislature began consideration of the 2017 budgets this week with no indication that it will seriously consider significant new revenue measures like closing income tax loopholes or raising the cigarette tax. Instead, key legislators told the media that they saw “no appetite” for tax increases, and said any further ETF transfers were “off the table.”

Those stances are in sharp contrast to the shortfalls and unmet needs for health care, public safety and other vital services in Alabama. In pre-session budget hearings, agency leaders asked the GF budget committees for an additional $235 million just to maintain current services. The GF has a structural deficit, with normal cost growth regularly outpacing the sluggish growth of its revenue sources.

Medicaid alone needs an additional $157 million to avoid cuts and complete the shift to a new regional care organization (RCO) model designed to save money and keep patients healthier, Commissioner Stephanie Azar told lawmakers last month. Medicaid provides health coverage for one in five Alabamians – mostly low-income children, seniors, and people with disabilities.

Bentley’s plan: Move money from education to General Fund

Gov. Robert Bentley sent his proposed budgets to the Legislature on Feb. 3, as required by the state constitution. But unlike last year, he offered no recommendations for new revenue. Instead, Bentley proposed to move $181 million of use tax revenue from the education budget to the GF and to replace that money with a one-time transfer of money from the ETF Budget Stabilization Fund and the ETF Advancement and Technology Fund.

Senate President Pro Tem Del Marsh, R-Anniston, told AL.com this week that he would be “very surprised” to see lawmakers move ETF money to the GF again this year.

The Budget Stabilization Fund originally was created as a savings account to help the ETF avoid proration in years when revenues were low. The Advancement and Technology Fund was created just last year so schools would have money available for one-time expenses like buildings, buses and textbooks. Without a transfer, about $195 million will be available in these two accounts at the end of 2016, according to Legislative Fiscal Office estimates.

While use taxes would continue to bolster the GF in future years, the ETF revenue loss would only be replaced in 2017 if lawmakers pass a bill sponsored by Sen. Paul Sanford, R-Huntsville. SB 129 would spend 90 percent of the money in these two accounts in one year and leave the ETF without a source to replace lost revenues from the use tax (essentially a sales tax on out-of-state purchases) in future years.

Medicaid, public health would come up short in governor’s budget

Bentley’s budget is a starting point for the GF debate, but if history is any guide, it will not be the final product. With the help of the ETF transfer, Bentley’s proposed budget includes:

  • A $100 million GF increase for Medicaid, which is well short of the $157 million that the agency says it needs to prevent cuts and fully fund the RCO reforms.
  • A 12.6 percent, or $4.5 million, cut to the Department of Public Health in a year when the agency also will run out of the surplus federal matching money that allowed it to balance its budget this year.
  • A $5 million GF increase for the Department of Human Resources. Meanwhile, DHR could face a loss of as much as $150 million of dedicated funds under SB 15, an un-earmarking bill sponsored by Sen. Cam Ward, R-Alabaster. The bill does not specify that the money would be reallocated to DHR through the GF.
  • A $900,000 (less than 1 percent) budget increase for courts, which have suffered for years with staff shortages and lengthy trial delays.
  • Level funding for the Department of Mental Health, which has yet to recover from years of cuts and also could face a significant loss of earmarked dollars under SB 15.
  • A 5 percent, or $300,000, GF decrease for the Department of Youth Services, an agency that almost has been eliminated from the GF in prior years.
  • A 4.6 percent, or $18.2 million, increase for Alabama’s overcrowded prison system, which operates at nearly twice its designed capacity. In his State of the State address Tuesday, Bentley proposed issuing bonds to fund the construction of four new prisons over the next three years. Those new buildings would replace dilapidated facilities like the Julia Tutwiler Prison for Women.

Bentley’s total proposed GF budget is only 5 percent larger than last year’s, even with the transfer from the ETF. This anemic growth would do little to make up for a 15 percent cut to the GF since 2008, and a nearly 20 percent ETF cut in that time. Alabama’s state K-12 cuts have been the nation’s second worst since the Great Recession, while its higher education cuts have been the fourth worst.

By Carol Gundlach, policy analyst. Posted Feb. 4, 2016.

A budget at last: What got cut, what didn’t, and what’s next for Alabama

Three times proved to be the charm Wednesday night as the Alabama Legislature finally passed a General Fund (GF) budget and accompanying revenue bills. Gov. Robert Bentley signed the budget Thursday morning, a mere two weeks before the start of the 2016 budget year.

Tax bills: What passed and what didn’t

Alabama faced a GF budget shortfall of nearly $260 million that was partially filled by a 25-cent-per-pack increase in the cigarette tax. Alabama Arise and health advocates had hoped for a much larger increase that would have raised more revenue and ensured a reduction in smoking, particularly among teens. Unfortunately, the tax approved was inadequate to meet either need.

The Legislature also passed two small provider taxes (each worth about $8 million) on pharmacies and nursing homes. These taxes were dedicated to the Medicaid program and helped save both promising new Medicaid reforms and Medicaid itself.

Facing opposition from ALFA, the Legislature failed to pass business privilege tax changes that would have raised $28 million by increasing taxes on the wealthiest corporations while cutting taxes for tens of thousands of small businesses. Separately, lawmakers also failed to eliminate the state income tax deduction for FICA (e.g., Social Security and Medicare) taxes, which would have raised nearly $200 million for education and other essential state programs.

Through a complicated linkage of bills, the Legislature transferred $80 million in use tax revenues (essentially a sales tax on out-of-state purchases) from education to the GF while also increasing the amount of education money available to public schools. Changes to the Rolling Reserve Act, which sets an artificial cap on annual education spending, replaced the lost use tax revenues by increasing the money available to schools for one-time infrastructure needs like books, building repairs, buses and technology. Alabama’s education funding still hasn’t returned its pre-recession 2008 level.

Altogether, the use tax transfer and the new taxes raised around $164 million. That was enough to prevent devastating cuts to crucial state services, but inadequate to truly fill the budget gap. The changes also were not nearly enough to solve the GF’s chronic shortfall.

Medicaid, DHR, mental health aren’t cut, but other important services are

Because new revenues were inadequate, not all state agencies received the money needed to maintain current service levels. The Department of Public Health was cut by nearly $10 million, of which $2.4 million came from AIDS medication assistance. The Alabama Department of Environmental Management was nearly zeroed out of the budget, endangering the state’s environmental protection and risking federal intervention.

The Department of Youth Services was cut by nearly 20 percent, which almost certainly will result in fewer community services for at-risk children and teens. Senior services also suffered a small cut, though it should not affect the Medicaid waivers that allow hundreds of seniors to live independently outside of nursing homes.

Other essential services survived without the devastating cuts feared earlier this year. The “Big Five” – Medicaid, mental health, corrections, trial courts and the Department of Human Resources – all were funded at or above 2015 GF levels.

Important reforms to Medicaid and the corrections system also will be able to continue. Lawmakers cobbled together additional money to support Medicaid’s transition to a regional care organization model designed to cut costs and keep patients healthier. The GF budget also funds new parole officers and community correctional services as alternatives to lengthy prison sentences.

The prison reform funding was good news on another front: It means Alabama will end its lifetime SNAP and TANF eligibility bans for people with a past felony drug conviction. Language ending the state’s bans on assistance under the Supplemental Nutrition Assistance Program and the Temporary Assistance for Needy Families program is included in the prison reform law that the Legislature passed earlier this year. With funding in place to allow the law to take effect, the SNAP and TANF bans will end Jan. 30, 2016.

Hope for the future

As the last late night of the session wrapped up Wednesday, there were some encouraging signs for the future. For the first time, the conservative supermajority in the Legislature was willing to consider raising taxes, and majorities in both the House and Senate actually voted to do so. Legislative floor debate included real, serious discussion of Alabama’s structural deficit and the need for comprehensive tax reform.

Most importantly, the organized voices of citizens and advocates for low-income Alabamians, seniors, children, and people with disabilities were loud – and effective – in their demand for new taxes instead of devastating cuts to life-saving state services. Constituent emails, telephone calls, postcards and face-to-face meetings with legislators helped to prevent those cuts. They also helped convince the Legislature, though reluctantly and inadequately, to raise tax revenue to support vital services that make Alabama a better place to live and work.

By Carol Gundlach, policy analyst. Posted Sept. 18, 2015.

Alabama House passes cigarette tax increase; business privilege tax measure stalls

The Alabama House voted by narrow margins Thursday to pass several bills to raise revenue for the General Fund (GF) budget that supports Medicaid, mental health care, public safety and other vital services. The House did not vote on the budget but is expected to consider it Friday.

The measures included a 25-cent-per-pack increase in the cigarette tax, two provider taxes dedicated to Medicaid, and tax increases on automobile titles and rentals. Together, these taxes would bring in an additional $107 million for GF services next year. The package falls short of the amount needed to address the GF shortfall without cuts. It’s also well short of the $300 million in new GF revenue that Alabama Arise and more than 200 other organizations have urged.

Rep. Connie Rowe, R-Jasper, who sponsored the cigarette tax bill, was particularly passionate in her call for new revenue. She recalled a time when, as Jasper’s police chief, she personally had to stop traffic on Interstate 22 because of an accident, while waiting for backup from a state trooper who had to serve five counties. “I’ve been in law enforcement for 25 years,” Rowe said. “We need district attorneys, judges and court clerks.”

Additional cuts may be ahead after inaction on business privilege tax bill

A potentially significant roadblock to passage of the GF budget emerged Thursday when the House failed to vote on a business privilege tax bill. The measure would cut taxes for tens of thousands of small businesses while increasing the tax for the largest corporations. The Alabama Farmers Federation opposed the bill, the Montgomery Advertiser reported Thursday.

The GF budget that won House committee approval Wednesday depends on a carefully balanced combination of tax increases and transfers from the Education Trust Fund (ETF) budget. Without the business privilege tax increase, the committee’s budget would be $22 million short, forcing lawmakers to approve a substitute revenue source or make additional cuts.

Major reforms of Medicaid and criminal justice system would receive the money needed to move forward under the committee’s GF budget. Other major services – including courts, mental health and the Department of Human Resources (DHR) – would be funded at their 2015 GF levels.

But many other state services would fare far worse under the proposed budget. The Department of Senior Services would be cut by $2.4 million, with most of that money coming from home-based services for seniors who otherwise might have to enter nursing homes. The Department of Youth Services would be cut by nearly 75 percent, and the Department of Archives and History by almost a fourth.

Bills would move revenues, expenses from education budget to General Fund

The House passed two bills Thursday to revise the Rolling Reserve Act, which imposes an artificial cap on ETF spending. One measure would free up education revenue for infrastructure improvements in local schools. The plan also would loan $50 million from the education budget to the GF budget, while protecting education in case of failure to repay the loan.

The other bill would transfer use tax revenue from the ETF to the GF starting in 2017, accompanied by a transfer of education budget obligations for traditional GF agencies. The use tax is equivalent to a sales tax on goods bought outside the state for use within Alabama. It is commonly discussed in the context of Internet sales and equipment purchases.

Many lawmakers strongly oppose shifting money from education to GF services. Alabama’s education funding is still well below its 2008 level, before the Great Recession, and its K-12 cuts and higher education cuts since then are among the nation’s worst.

The GF supports vital services like health care, child care, corrections and public safety in Alabama. The budget relies on a hodgepodge of revenues, most of which grow slowly even in good economic times. That leaves the GF with a structural deficit, meaning revenue growth is not strong enough to keep pace with ordinary cost growth. Without significant new revenue, Alabama will not have enough money to continue investing in vital services that make the state a better place to live and work.

By Carol Gundlach, policy analyst. Posted Sept. 10, 2015.

6 things to know about the FICA deduction

The Alabama Legislature may consider removing the state FICA income tax deduction during 2015’s second special session. Without significant new General Fund revenue, the state may make enormous cuts to Medicaid, child care, public safety and other vital services.

As lawmakers decide how to address the General Fund shortfall, here are six things to know about the FICA deduction.

7 things to know about the cigarette tax

The Alabama Legislature is considering a cigarette tax increase during 2015’s second special session. Without significant new General Fund revenue, the state may make enormous cuts to Medicaid, child care, public safety and other vital services.

As lawmakers decide how to address the General Fund shortfall, here are seven things to know about tobacco taxes.