2016 legislative update: 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 3 that 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.
2016 legislative update: 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.
Since 1988, Alabama Arise has worked to unite people from a range of backgrounds behind our shared goal: improving the lives of low-income Alabamians. On the question of a state lottery, Arise’s member organizations hold widely varying positions, some of them based on strong moral or religious beliefs. Because our bylaws prevent us from taking positions that deeply divide our membership or offend the deeply held beliefs of our members, Alabama Arise is neutral on the lottery.
2016 legislative update: 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.
By Chris Sanders, communications director. Posted May 6, 2016.
Consumer protection took a big step forward in June 2016, when the Consumer Financial Protection Bureau (CFPB) proposed important new federal rules governing high-cost consumer lending products, including payday and auto title loans. The proposals came after years of public comments and input gathered at CFPB events across the nation. (Click here to learn more about the proposed rules.)
Alabamians played a key role in the development of these new regulations. The CFPB held its very first field hearing on payday lending in Birmingham in 2012, and President Barack Obama met with Arise and other state advocates in Birmingham in March 2015 before delivering a speech calling for consumer-friendly reforms of payday and title lending.
These loans come at a high cost in Alabama, where they can carry interest rates of 456 percent a year (payday loans) and 300 percent a year (title loans). The CFPB has broad power to regulate these loans, but importantly, it does not have the authority to reduce rates. Only states can do that.
Arise will continue to work for state-level payday and title lending reform alongside its partners in the Alliance for Responsible Lending in Alabama (ARLA). In the meantime, these new federal rules represent a critical opportunity to improve the landscape of short-term lending in Alabama. Read policy analyst Stephen Stetson's fact sheet to learn what the new rules would do, why they need improvement, and how you can help strengthen them.
ACPP policy analyst Stephen Stetson issued the following statement Thursday, June 2, 2016, after the Consumer Financial Protection Bureau (CFPB) announced new proposed federal rules on payday and title loans:
“Today’s CFPB announcement is an important step in the right direction for payday and title loan borrowers in Alabama, but it’s not enough. The new federal rules would strengthen consumer protections by requiring lenders to verify borrowers’ ability to repay for many loans. But the rules contain many exceptions, and they may not go into effect for quite some time.
“The new rules also would not change the extremely high annual interest rates that Alabama allows those loans to carry: up to 456 percent a year for payday loans, and up to 300 percent a year for title loans. Alabama needs to build on these rules at the state level by closing loopholes and encouraging more affordable short-term loans for borrowers.
“Far too many Alabamians are struggling under the crushing weight of high-interest debt, and they need a better way to climb out of it. Real reform of payday and title lending in Alabama would be good for consumers, good for the economy and good for our entire state.”