Rep. Anne Donahue
Legislative Update
January 25, 2014
Last week we voted on the mid-year
budget adjustment act. The budget adjustment is intended to allow for shifts in
allocations from last year based upon unanticipated up or down trends in
different parts of the budget.
As usual this year it was
mostly up, but because revenues were also up over projections, it didn’t
unbalance the budget. As a result, the majority seemed not to mind.
Most of the increases
appeared justified on the surface. For example, there were a number of
Irene-relocated offices where rent now must be paid by the state because the
FEMA support has ended.
There was also “backfill” in
several areas where federal sequestration cuts had hit, and a big increase --
$2.5 million – because of a shortfall in the emergency housing budget. It has
been pretty cold out lately.
But wait.
Didn’t we know last year the
FEMA money was going to end, and plan for those rents when the budget was
developed?
Are we going to always just
assume we put the funding in when the feds cut, without assessing the long-term
budget impact?
The reason for the emergency
housing budget gap was fairly clear, and also speaks to poor advance planning.
We had slipped into an atrocious
bottomless pit through well intentioned efforts to keep people from being
homeless in our streets. It’s atrocious in part because it uses hotels as the
emergency shelter system.
The increase in cost has gone
from $1.4 million in fiscal year 2011, to $2.8 in 2012, to $4.3 in 2013.
Last year, the legislature
said, “enough,” and shifted much of that money into addressing longer-term
housing solutions. We told the administration to create a priority list for
need, and we cut the fiscal year 2014 emergency housing budget back to $1.5
million.
That isn’t a level of change
that can happen in a single year. If the prior trend had not been curbed at
all, this year’s spending would have hit $6 million. With efforts at change
underway, the administration says the spending will be held to $4 million. That
$4 million is $2.5 million more than budgeted, which is where the $2.5 million
budget adjustment line item comes in.
(The priority list itself is
under attack. Our committee was staggered to see that being a disabled veteran
gets you one point of the four needed to qualify, which is exactly the same as
being an individual on probation or parole with a recent release from prison.)
When we create a budget based
upon planning that is overly optimistic, and put the “savings” from that
optimism into other spending, then the overall budget can appear to be
reasonable in terms of its increases, as last year’s did. When the bills come
due, however, we’re in the red.
We have to pump new revenue
into the holes, instead of having held the original budget to its more conservative
estimates.
These may be hard projections
to make, but it’s clear we have to do a better job, so that we don’t end up
every winter with what amounts to a much bigger budget increase for the year than
what we passed the prior spring.
For that reason, I voted
against the increase in the current year’s bottom line. It passed on a 110-33
vote, and now heads to the Senate.
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Next Year’s Budget
The details take a while to seep
from the spreadsheets, but I’ve never heard a budget speech yet (either party)
that didn’t promise to be balanced without raising taxes, while also offering
new initiatives.
One part of the governor’s
proposal for fiscal year 2015, however, has already raised some eyebrows. To
help fill the gap between new spending and income without raising any
“broad-based” taxes, he proposes raising $14 million by increasing a tax on
insurance claim payments.
Who pays those? All of us who
pay for health insurance – we’ll see it in our rates. At the exact same time,
he is pushing a health reform plan that is supposed to rein in the costs of
health insurance. When the rates go up next year to pay the $14 million, it
will be more “evidence” of the out-of-control cost of insurance.
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Who Pays for Mistakes?
One of the issues my
committee took up this week was the ongoing failure of the state to bring down
a nationally-highest error rate in processing food stamp applications. The food
stamp program now had the federal acronym, SNAP, and the Vermont name, 3
Squares. (I perpetually misstate this as “4 Squares” – what square has three in
it?)
This year, our error rate has
exceeded nine percent, and we face another half-million or so in federal fines.
Since food stamps are paid for completely by the federal government, it doesn’t
look kindly on the overspending. In addition, it wants the money back that was
given out in error.
So picture this: a struggling,
working family, barely making ends meet. After applying for food stamps, the
family is told that it is eligible for $200 a month in benefits.
They spend this. They buy
food each month. It isn’t enough to cover the whole grocery bill, but it helps
a lot.
A year goes by. Then they get
a letter from the state telling them there was an error – absolutely no fault
of the family. But actually, they were only eligible for $150 per month. So
they get a bill for $50 times 12 months: $600.
Where exactly is that money
supposed to come from? Stop the next oil delivery, maybe? Skip a month’s rent
payment?
This is fundamentally unjust.
The administration has failed to resolve its own errors, so low- income
families have to pay to make up for it?
My committee is looking into
ways to address this. If our own state budget has to be tapped to protect
innocent victims, that will be one budget increase I will support.
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Voice of the People
Our Constitution assures the
people of the right to petition its government, and I frequently urge all of
you to contact me with questions or concerns. Many of you do, and I appreciate
that. Sometimes, that information is very sensitive, such as when a
constituent is seeking help with struggles with a state agency.
We are a citizen’s legislature,
without any assigned staff, although with the help of legislative counsel for
turning ideas in to bills.
We often seek input from
advocates for various interests. Ideas are brainstormed via email. I enter into
discussions about potential legislation with other legislators and members of
the public. This kind of dialogue – and the ability to have a free flow of
ideas – is critical to our process.
And thus, “freedom of
deliberation” in the legislature is also a privilege protected under our
Constitution. The interest in being able to have a confidential communication
process among citizen legislators, legislative staff and members of the public
is vital to the process.
If those communications were
deemed to all be “public records,” I can only imagine the chilling effect it
would have on the flow of ideas. How many citizens might become apprehensive
about discussing concerns – or even just venting – if they knew anyone could
request copies of the emails they sent?
How many legislators would
feel unable to gain the benefit of seeking input from others, when ideas are
still in the formative stage, and might evolve into something very different
before being developed into a bill for introduction? I know that when I try to
think of best outcomes, my own views benefits tremendously when critiqued or
explored with me by others. If that thinking process was an open book, would I
still feel able to share those early ideas freely?
For all those reasons, and
the integrity of the very process of the workings of a citizen’s legislature,
last week I formally refused a public records request by a mental health
advocate. The request was for all email exchanges that I had this fall and
winter with other legislators and with advocates from the hospital association
related to legislation addressing the involuntary legal process sometimes used
in mental health treatment.
I was served with the records
request along with two Senators, and although we each came to our own decision
after extended conversations with legislative counsel, we ended up in the same
place. I had nothing specific in those particular emails that I feared
disclosing, but the principle itself was too important to not take a clear
stand.
That decision will no doubt
come under criticism. I have long defended the importance of transparency in
government, and that belief has not changed.
What is different here is
that it involves the confidence of the public in the ability to access their
legislators, and the ability of legislators to feel free to do initial exploration
of ideas with others. Once bills are introduced and public debate has begun,
every aspect of that legislative process must be open to full public scrutiny.
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You can reach me to discuss this update, or any other
subjects of concern, by calling me at home (485-6431) or by message at the
legislature (828-2228), or by my home (counterp@tds.net) or legislative (adonahue@leg.state.vt.us) email. I
welcome your input. This and past updates can be found at
http://representativeannedonahue.blogspot.com.
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