2014 legislative update: General Fund budget, changes to Alabama's landlord-tenant law enacted

Next year’s General Fund (GF) budget became law Thursday night when the Alabama House ended the 2014 regular session without considering Gov. Robert Bentley’s proposed amendment to it. Bentley’s changes to the $1.8 billion GF budget were enacted automatically when the House adjourned. Check out AL.com’s report to learn more about Thursday’s action.

Bentley still must decide whether to sign the Education Trust Fund (ETF) budget or veto it and order the Legislature to return for a special session. Bentley urged lawmakers to approve a 2 percent pay raise for K-12 teachers next year, but the ETF budget sent to him did not include a teacher raise or bonus. Click here to learn more about the ETF budget.

GF support for the Department of Corrections would fall by about $2 million, or 0.5 percent, next year under the budget, even though Alabama’s prison system is operating at nearly twice its designed capacity. The budget includes $3.5 million for an overflow facility to help house some inmates from the overcrowded Julia Tutwiler women’s prison in Wetumpka. The spending plan also includes $250,000 for a new ombudsman program for Tutwiler prisoners who report mistreatment.

State employees would receive a one-time $400 bonus next year under lawmakers’ GF budget. Bentley’s amendment changed the funding source for those bonuses but did not eliminate them. Medicaid funding would increase by 11.4 percent next year, though the amount would fall short of what State Health Officer Don Williamson said the agency needs from the GF. Williamson said earlier this year that Medicaid could endure at the proposed funding level by cutting costs in the prescription drug program and other areas. Click here to learn more about the GF budget.

Landlord-tenant law revisions, AHIP bill among other enacted legislation

Alabama landlords will have more time to refund a security deposit or give notice of why they are keeping some or all of it under a new law enacted last month. SB 291, sponsored by Senate President Pro Tem Del Marsh, R-Anniston, will increase that window from 35 days to 60 days. The law also will allow landlords to treat a property as abandoned if electrical service is cut off for at least a week.

In addition, landlords will have to provide only a seven-day written notice if they plan to terminate the lease for a violation that does not involve failure to pay rent. That’s down from the previous 14-day timetable. SB 291 gives renters four chances every 12 months to correct problems cited as a lease violation without getting the landlord’s written consent. The measure passed 28-0 in the Senate and 98-0 in the House.

The Alabama Health Insurance Program (AHIP) will come to an end under another law enacted last month. SB 123, sponsored by Sen. Slade Blackwell, R-Mountain Brook, will transfer any remaining unused and unobligated program funds to the GF. Supporters said AHIP, which offers “guaranteed-issue” health coverage, is no longer needed because the Affordable Care Act (ACA) requires insurers to offer coverage regardless of a person’s health history. Blackwell’s bill passed 21-0 in the Senate and 90-0 in the House.

Before the ACA, applicants with pre-existing conditions like cancer often struggled to find coverage. Alabama created AHIP as a high-risk pool to cover certain residents who were turned down by other insurers after Congress passed the Health Insurance Portability and Accountability Act (HIPAA) in 1996.

By Chris Sanders, communications director, and M.J. Ellington, health policy analyst. Posted April 4, 2014.

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