Category Archives: Legislature

State tax cuts: First answer ‘How?’ and then ‘How much?’

Debt and deficits, Legislature, Politics, State government

By Steve Brawner
© 2017 by Steve Brawner Communications, Inc.

Your state taxes were cut by $100 million in 2015 and about half that much this year. In 2019, Gov. Asa Hutchinson and state legislators intend to cut them again.

But with state budgets growing tighter, “How?” is a more important question than “How much?”

To answer both questions, and others, legislators during this past session created a task force that will study the state’s tax code before producing proposed legislation by September 2018, 16 months from now.

The Tax Reform and Relief Legislative Task Force met for the first time Monday and elected two level-headed and practical-minded co-chairmen, Rep. Lane Jean, R-Magnolia, and Sen. Jim Hendren, R-Gravette. Jean is co-chairman of the Joint Budget Committee, while Hendren, Hutchinson’s nephew, has co-chaired two other task forces, one for school employees’ health insurance and one for health care.

Hutchinson likes to use these task forces to form a consensus on tough issues, to create a forum for discussion, or, if nothing else, to buy time. So far, they’ve mostly resulted in the policies he wants or, in the case of highway funding, provided a convenient back burner on which to place subjects he’d rather address later. They tend to lead to considered, incremental change so that radical legislation doesn’t slip through during legislative sessions, when things happen fast and can get crazy. Looking back, he might wish he’d created one for guns on college campuses.

The tax cuts enacted so far have benefited mostly the middle class (in 2015) and lower-income Arkansans (in 2017), so some legislators believe it’s time to help out Arkansans earning $75,000 a year or more in taxable income.

But simply cutting taxes will be difficult in an era of tight budgets. Hutchinson in April cut spending by more than $100 million over the next two years because sales and corporate income taxes aren’t meeting projections. These were not devastating cuts because they occurred in the so-called “category B” funding, which is the kind agencies know beforehand may not be available. But the timing, occurring after the latest tax cuts, was a little concerning.

There’s fat in any government budget, of course, and state government is no exception, but certain expenses are hard if not impossible to cut. Health care costs rise regardless of what the state does. The state is locked into always providing at least a token increase in public school funding lest it be sued again for failing to follow its own Constitution. Those highways don’t fix or build themselves.

So while legislators certainly will want to cut taxes, they’ll be spending a lot of time on tax reform – making the tax code simpler and more competitive with neighboring states such as Texas, which doesn’t have an income tax.

The only way to cut taxes much without blowing a hole in the budget is by ending some of the deductions that litter the tax code, but those politics will be challenging. Sitting in those committee meetings will be lobbyists whose clients benefit from those deductions. They will make persuasive cases through logical arguments and through past and future campaign donations. And when their clients’ members are mobilized and vocal – for example, all the farmers in a legislator’s district – they can be hard to vote against.

Meanwhile, legislators will seek to avoid the experiences of Kansas. Five years ago, Gov. Sam Brownback slashed taxes but not enough spending, saying that the resulting economic growth would create sufficient new revenues, because money grows on trees. Those revenues didn’t materialize, the state has been a mess ever since, and now legislators there are arguing about what to do about a huge budget deficit.

Brownback called his tax cut plan in Kansas an “experiment.” Arkansas’ tax task force has 16 months to apply the lessons learned – hopefully, by answering first “how” before considering “how much.”

Steve Brawner is an independent journalist in Arkansas. Email him at brawnersteve@mac.com. Follow him on Twitter at @stevebrawner.

For the rest of us, there’s non-teacher retirement

Debt and deficits, Legislature, Politics, State government, U.S. Congress

By Steve Brawner
© 2017 by Steve Brawner Communications, Inc.

Could Arkansas’ efforts to strengthen a program serving 43,000 offer an example for Congress to fix programs serving 60 million?

During this past legislative session, Arkansas lawmakers took steps – baby steps for sure, but steps – that might shore up the state’s Teacher Retirement System. Actuaries had determined it would take the system 29 years to catch up with the payments it will make to current and future retirees, and that’s too much. In the past, 30 years was considered acceptable, but the Government Accounting Standards Board has lowered that number to 18. Anything longer risks hurting the state’s bond rating and increasing the borrowing costs for schools and roads.

Because big fixes are hard, the system’s managers requested the flexibility to implement numerous little ones. Laws passed this session let the system’s board of trustees increase the rates paid by school districts and by current teachers if the projected payoff exceeds 18 years. Various retirement benefits could be reduced, and the system will be funded by school districts employing contracted employees working for private providers.

In other words, the Teacher Retirement System is not meeting professional standards meant to assure long-term survivability. So in response, the Legislature gave a governing entity the flexibility to make changes, rather than doing it in the politically charged halls of the State Capitol, where laws can be hard to pass and harder to change.

It remains to be seen if the changes will work. It could be that the state’s retirement systems need bigger fixes. The point is, fixes are being attempted for a popular retirement system serving 43,000 current beneficiaries, and those fixes involve less debt, not more. Solving the problem will require some people to pay more or get less, and these people vote.

Let’s compare that to the federal government’s programs that serve 60 million people. Social Security and Medicare both face long-term funding issues far more serious than the state’s Teacher Retirement System. According to the nonpartisan Committee for a Responsible Federal Budget, the trust fund for Medicare Part A, which covers hospital payments, runs out of money in 2025, and then it will have to rely solely on the taxes being paid at the time. At that point, doctors and hospitals under the law will face a 13 percent pay cut, leading some to simply stop seeing Medicare patients. Social Security’s trust fund runs out of money in 2034, at which point all recipients under current law will receive an automatic 21 percent cut. The trust fund has been borrowed from to pay for the government’s other programs, but the government has promised to pay it back, so we’ll just have to take its word for it.

The numbers don’t work and will grow worse as the baby boomers age and retire. By 2027, the costs of mandatory spending programs, of which Social Security and Medicare are the major parts, plus interest on the national debt will equal 99 percent of all federal revenues. That means, 10 years from now, 1 percent will be left for everything else the government does, including the military, which means even more borrowing. In the following decades, the unfunded liabilities for Social Security and Medicare reach incomprehensibly high numbers in the trillions of dollars.

Unlike the Teacher Retirement System, there is no mechanism for boards of trustees to tweak the systems, because the financials are locked into law. In fact, because the programs are considered to be “mandatory,” Congress doesn’t even take a hard look at them. Moreover, the spending is not governed by anything like that 18-year provision. The government just pays more year after year until the programs hit the wall in 2025 and 2034, and then benefits suddenly will be cut.

Whether it’s the Teacher Retirement System, Social Security or Medicare, when revenues doesn’t meet expenses, policymakers have three choices: more revenues, less expenses, or some combination of both. Congress has chosen the easier fourth option: Do nothing because the consequences happen long after the next election.

Could Congress, which long ago decreed the changes would happen suddenly in the future, instead somehow make them happen gradually and less painfully – using some of the same principles adopted by the Legislature? The pain could be lessened by addressing the problem now, even though it would involve some people paying more or getting less, and those people vote.

Hopefully, Congress will do something. Most of us aren’t teachers, but most of us hope to retire, eventually.

Related: $23.33 less debt

$23.33 less debt

Debt and deficits, Legislature, Politics, State government, U.S. Congress

By Steve Brawner
© 2017 by Steve Brawner Communications, Inc.

The past couple of weeks showed two different ways to react when you don’t have enough money coming in: the Arkansas state government reaction, which is relatively effective, and the federal reaction, which isn’t at all.

Why the difference? One big reason is that Arkansas has a structure for responding to budget shortfalls and, more important, a culture that respects that structure. The federal government has neither nor the structure nor the culture.

Let’s start with Arkansas. The state’s budgetary decisions are governed by the Revenue Stabilization Act, a law passed in 1945 that is amended by the Legislature each budget cycle and sets the parameters for a balanced budget. Under the act, state spending is divided into categories: an essential Category A and a much smaller, spend-it-if-we’ve-got-it Category B.

State revenues this year have been a little lower than was budgeted because sales and corporate income tax revenues are lower than expected while income tax refunds have been higher.

Faced with a deficit, on Friday Gov. Asa Hutchinson announced that various state agencies would see total cuts of $70 million in Category B (out of a $5.33 billion general revenue budget) to make up the difference. The announcement took up part of a half-hour news conference that also covered the death penalty and the health care-related legislative session occurring this week. And that was that.

Contrast that with what happened in Washington, D.C., where members of Congress, faced with a looming government shutdown, managed last week to pass a continuing resolution to fund the government for another week – a process that happens so often these days that Americans hardly even notice anymore. Then on Monday it was announced that the Trump administration and Congress had agreed to a $1.1 trillion spending bill that increases money for defense and other areas while not cutting much elsewhere. The bill does not affect Social Security and Medicare, the government’s biggest programs, which Trump has vowed not to cut.

This is happening within the context of a federal government that is expected this fiscal year to spend $4 trillion but only collect $3.4 trillion, leaving a $559 billion deficit ($1,731 per American) that is being added to the $20 trillion national debt ($62,000 per American).

Meanwhile, President Trump released the bare outlines for tax cuts that the nonpartisan Committee for a Responsible Federal Budget guesstimates will reduce federal revenues by $5.5 trillion over the next decade. His administration promises the tax cuts will spur enough economic growth to pay for themselves, but history has shown that rosy scenario simply won’t happen. History has shown, however, that when a president calls for tax cuts, there’s a good chance taxes will be cut.

For comparison, the federal government’s deficit for 2017 is 14 percent of expected expenses, and nothing is being done to close the gap. In Arkansas, the $70 million shortfall – $23.33 per Arkansan – was 1.3 percent of the state budget, and Hutchinson filled it with nary a peep from the Legislature or the affected agencies.

So why can’t Uncle Sam do what Gov. Asa did? There are many reasons, but one of the biggest is the fact that the federal government doesn’t have effective structural controls like the Revenue Stabilization Act.

A national Revenue Stabilization Act is not the answer. Letting the president unilaterally make cuts would give him or her too much power and would be unconstitutional. One potential solution is an amendment to the Constitution requiring a balanced budget, an idea that goes back to the Founding Fathers. Sometimes that idea gains some traction, but there always have been too many opponents who’ve stopped it without offering a better idea.

Even if it were to pass, the culture of Washington still would have to be changed. A balanced budget amendment could be bypassed like other parts of the Constitution are bypassed now.

On the other hand, a structure helps create a culture. Gov. Hutchinson acted so decisively and uncontroversially in 2017 in large part because the Revenue Stabilization Act, passed in 1945, has become ingrained in the way we do things here over the past 72 years.

Regardless, future generations of Arkansans can be thankful they someday won’t have to pay back that $23.33.

They can apply it to the $20 trillion.

Can work be added to Arkansas Works?

Health care, Legislature, Politics, State government
Cindy Gillespie is director of the Department of Human Services.

By Steve Brawner
© 2017 by Steve Brawner Communications, Inc.

Next week, legislators will meet in special session to change the Arkansas Works program to encourage its recipients to work for their benefits and, eventually, no longer need them.

Changing the program will be reasonably easy. Changing the recipients will be much harder.

Arkansas Works, formerly known as the private option, uses federal Medicaid dollars to buy private insurance for 311,000 Arkansans with incomes up to 138 percent of the federal poverty level, or about $17,000 for an individual. The state pays 5 percent of the program’s cost this year and 10 percent by 2020. The federal government pays the rest.

It was created through the Affordable Care Act, otherwise known as Obamacare, which expanded Medicaid. Many Republican-leaning states declined to participate. Arkansas instead obtained a waiver from the Obama administration allowing it to buy private insurance rather than simply enroll recipients in Medicaid.

It has allowed Arkansas to be a national leader in reducing its uninsured population. But it is a government program that has grown bigger than expected, which happens a lot.

Gov. Asa Hutchinson, who wasn’t governor when it was created, wants to keep it but shrink it, so he is asking the Trump administration to change the waiver to reduce the maximum income from 138 percent of the federal poverty level to 100 percent, or about $12,000. That will reduce the rolls by 62,000 to about 249,000. Meanwhile, his administration wants to require some beneficiaries to work at least 20 hours a week, train for a job or volunteer. Those changes require legislators to amend some state laws, which they’ll do next week.

Creating those policies is the easy part. The Legislature is expected to approve the changes quickly. The state has been talking to the Trump administration and expects to be approved. The 62,000 Arkansans bumped from Arkansas Works can buy the same insurance they have now with a federal government subsidy. Their contribution will be $13 to $19 a month, about what they are supposed to pay now, though 75 percent of them don’t because the state can’t enforce the rule. Department of Human Services (DHS) officials think most will pay next year when insurance companies can remove their coverage.

The work requirement? Let’s keep our expectations reasonable.

In a briefing with reporters Wednesday, DHS Director Cindy Gillespie said it won’t affect 161,000 of the remaining 249,000 Arkansas Works recipients. They won’t have to work because they are age 50 or above, are “medically frail,” have a minor living at home, etc. Those exemptions mirror the Supplemental Nutrition Assistance Program, formerly known as food stamps, which also serves many Arkansas Works recipients. Some of the remaining 88,000 won’t have to work either if they are students, pregnant or caring for an incapacitated person.

Most of the 88,000 are not working now. More than three-fourths have zero income. Moreover, less than two-thirds of the 62,000 with incomes between 100-138 percent, the ones who will move into private insurance, have jobs. The rest subsist on government benefits and other means.

Most recipients have not taken advantage of a big opportunity they have now. Under Arkansas Works’ current waiver granted by the Obama administration, recipients are referred to the Department of Workforce Services, which can help them get jobs. But of the more than 37,000 individuals referred to DWS in January, only 628 accessed the services or reported a new job after the referral while 703 had done so beforehand.

Changing Arkansas Works will help some people. Given access to health care and an incentive to work, they’ll begin pulling themselves up by their bootstraps.

But some will not. Regardless of whatever liberal or conservative social engineering the state attempts, some people will not be self-sufficient because of lack of skill or will, addictions or very difficult personal circumstances. And then some people will simply choose to work the system and get by.

When they arrive sick and injured at the hospital doors, society must figure out what to do with them. One option: If they can’t pay, turn them away. Another option is the pre-Affordable Care Act method of letting them use the emergency room for free and then hospitals eating the costs or shifting them to the rest of us invisibly so we can pretend they don’t exist.

The state is opting for door number three: Try to provide enough but not too much, and try to get as many off the program as possible, for their own good and the taxpayers’.

Got a better idea? Call your legislators. They meet next week.