The Governor’s Blue Pencil

Governor signs budget deal, but gets out the blue pencil.

by Brian Leubitz

The Governor, being of the same party as the Legislative majority, wouldn’t be expected to axe a lot of the line items.  However, out it came for $195 million worth.

Gov. Jerry Brown used his line-item veto authority to strike $128.9 million in spending from the $91.3 billion general fund state budget he signed, his office reported today.

Brown vetoed another $66.8 million in spending from special funds and federal funds, for a total veto amount of $195.7 million.

The Democratic governor’s cuts affect child care and preschool for low-income children and Cal Grant scholarship aid at private schools, two areas that Brown wanted lawmakers to slash deeper than they did. (SacBee)

CalGrants got a big cut, with a 5% cut off the top. Higher education is getting more and more out of reach of the middle class. So, hooray for that extra cut, huh?

A Mess Heads to the Governor

Timely Budget Hangs on November Revenue Measure

by Brian Leubitz

The last of the budget trailers were passed today, and now they are just waiting for the Governor’s signature.

The California Legislature passed some of the last remaining parts of the state budget on Wednesday, sending them to Gov. Jerry Brown for his signature.

Brown is expected to approve the budget and related legislation later in the day, before his midnight deadline. The spending plan will take effect on July 1. (LAT)

The completion of the budget means that they have met the Prop 25 requirements for a balanced budget. On the darker side is the sword of Damocles that they placed over their heads with the budget being so tied to the November revenue measure. If the measure doesn’t pass, K12, higher ed and social services will be drastically cut.

The Prop 25 majority budget rules did mean that we didn’t have the long fight, but it also means that the Democrats are now responsible for the mess that was just passed out of the Legislature.

In other news, what have you done today to get the Governor’s revenue measure passed?

The Special Exemptions Act – Like Miracle Grow for Spiraling Campaign Cash

Initiative would do nothing about SuperPAC insanity.

by Brian Leubitz (Note: I work for the Stop Special Exemptions Campaign. Cross-posted to DailyKos)

Unless you’ve been living under a rock, you’ve seen the outrageous levels of spending on campaigns this cycle. What’s more, the SuperPac Billionaires are apparently willing to go to unprecedented lengths to get their cronies elected.

It doesn’t take much to realize just what Citizens United and the associated fallout has meant for our elections. Individual Billionaires are giving unprecedented sums to SuperPACs to get their way. Sheldon Adelson, a gambling magnate, is just one example, but his $10mil to a Romney SuperPAC means that his voice will be far larger than any of us can afford. In other words, our elections are now a free for all for those that can afford to spend millions on a campaign. And much of it is done through “non-profits” that don’t even disclose their donors.

The Special Exemptions Act will only make this worse here in California. It will act like miracle grow for the outrageous growth of campaign spending. Rather than being a balanced approach to campaign finance reform, it leaves loopholes for the SuperPAC Billionaires to drive their armored trucks through. Here are just a few of my favorite Special Exemptions:  Sole proprietorships, Real Estate Investment Trusts, LLCs, and  LLPs. And there are many more, just waiting for “investment.”

All this means that the voice of the wealthy would be even more disproportionate to everyday Californians. The Special Exemptions Act tries to pretend that it is Roundup for our campaigns, but in reality, it’s just Miracle Grow for the out of control campaign spending. That’s the last thing we need.

If you would like more information about the Special Exemptions Act, you can join the campaign today. You can also like the campaign on facebook or follow on twitter.

Big Republican Money Keeps Coming in for Tony Strickland

Tony Strickland’s big oil-fueled campaign for Congress is getting a turbo charge of cash from some of California’s most extreme conservative special interests and high octane Republican bosses. Strickland has long tried to fool the voters of Ventura and Santa Barbara counties by pretending to be a moderate, environmentally-friendly Republican. But his actual record says otherwise: he has voted in favor of drilling along the California coast, denied the reality of climate change, and founded the so-called “Taxpayers Caucus” which opposes budgets with any added revenue including from oil companies making record profits, choosing instead to cut vital programs such as education. He is currently heading up Mitt Romney’s presidential campaign in California, and is a founding member of the California chapter the of the arch-conservative Club for Growth, an organization explicitly devoted to expelling economic moderates from the ranks of the Republican Party.

So it’s not at all surprising that Strickland’s campaign is receiving a tainted wave of contributions from the big corporate backers he truly serves, including the Koch Brothers, Chevron, Exxon-Mobil, Valero and many others. Not to mention Republican Speaker of the House John Boehner and House Republican budget architect Paul Ryan whose ranks Strickland hopes to join, and who openly voted to end Medicare but protected tens of billions of dollars in tax breaks for big oil companies.

And now Strickland is at it again, the beneficiary of a swanky high-dollar fundraiser at the home of California Republican Party Chairman Tom Del Beccaro and other leading California Republican establishment figures.

All of that dirty and ideologically-driven money will no-doubt be used to falsely portray Strickland once again as a reasonable, “moderate” Republican he isn’t. This time, however, the voters in California’s 26th Congressional district won’t be fooled. The gloss is off of Strickland’s slickly polished image. Tony has four long years of hyperpartisan votes and fundraising on behalf of his big corporate donors and extremist Republican ideologues. With every dollar he raises from those same interests he confirms what Californians already know: Tony Strickland is bad for California and doesn’t deserve to make decisions for us in Congress.

Cross-posted from WrongforCA.com

Labor Comes to the Table for CA Budget

State’s largest union agrees to big pay cuts

by Brian Leubitz

Times aren’t good for state workers these days, and the Governor’s budget wasn’t really good for anybody. After all, the deficit required massive cuts.  However, one of the components of the budget was a pay cut for state workers. And yesterday, he actually got some of the necessary buy-in from labor.

As a vote nears on the final details of a 2012-13 budget, Gov. Jerry Brown has persuaded leaders of the state’s largest public employee union to agree to a key portion of his plan to reduce state spending, a nearly 5 percent pay cut. (SF Chronicle)

There’s no way around the fact that this is really terrible. Workers shouldn’t have to be working backward on the ladder up, but that’s where we are. At some point we have to change this zero-sum game.

However, perhaps that can start with higher education.

The governor wasn’t the only one to get a win this weekend. The budget plan now includes a guarantee that tuition at the University of California and California State University systems won’t increase this year or next year – with a caveat.

Holding tuition flat, which will cost the state $125 million for each system, is contingent on voter approval of Brown’s November ballot measure to raise taxes. If voters reject the initiative, both systems face a $250 million cut.(SF Chronicle)

Obviously, there is still a huge IF here. The Governor’s measure is skating that delicate line, and it is far from guaranteed that the measure will pass. However, our stellar education system is a big part of what made California great. We can’t continue to turn our backs on it, hoping the private sector will pick up the slack. It won’t and we’ll be left in a far less competitive position than we were at the height of the Master Plan.

The Most Dangerous (Budget) Game

Governor, Legislature put a lot on the line in November

by Brian Leubitz

Well, not THE most dangerous game, as I don’t think there will be any hunting involved. However, the Governor and the Legislature are playing with K-12 education’s money in the November revenue ballot fight:

A new education budget bill allows schools to cut 15 days in each of the next two school years if voters reject additional taxes on sales and income in November, double what Gov. Jerry Brown proposed in his May budget plan. (SacBee)

Now, this was likely done with the support of the teachers and other school organizations, but this is still a pretty risky play. It will help grease the skids for the revenue measure, obviously, but what happens if a bunch of school districts really go down to 160 days? That simply isn’t enough to educate our children. A risky play, but perhaps the big gamble that gets the revenue measure to a position where it can succeed.

UPDATE: I want to point out that these cuts weren’t simply a political gambit. They were a way to keep other priorities funded. Unfortunately, we are currently stuck in a zero-sum game. Using these trigger cuts means that some of the worst cuts to services are delayed (and hopefully eliminated) by passage of the revenue measure. If people understand what the revenue means to the K-12 system, maybe passage will be more likely. But when it comes down to it, K-12 is the biggest expense in the budget. In a crisis, eventually it is going to get hit hard.

California’s Legislators Can Resuscitate the Master Plan

This week’s budget endgame presents leaders in the Senate and Assembly with a rare opportunity to stand up for the California Master Plan for Higher Education by challenging the financial incentive that UC campuses now have to enroll non-resident students in place of Californians.

UC describes this policy as though it were self-evident: each campus gets to “keep” the money it generates from non-resident students. But until 2007, out-of-state tuition revenues went to the UC system as a whole, and before the 1990s they went right back to the state. So, we have here a relatively recent policy change in which UC’s central administration is giving individual campuses the incentive to compete against each other for the non-resident students by giving them the entire revenue difference, which is currently in excess of $20,000 per student -the amount by which out-of-state tuition exceeds the sum of in-state tuition, plus state support. This policy change explains why some mature UC campuses such as UC Berkeley and UCLA for example, now expect to have undergrad enrollments that are over 35% out-of-state at the same time that some younger campuses will struggle to exceed their present 2%. The expected result of this competition for non-resident students will be a growing budgetary disadvantage for those campuses that bear the brunt of UC’s enrollment responsibilities under the Master Plan.

There is no reason for Democrats or Republicans in the California legislature to acquiesce in UC’s decision to provide a lower budgeted quality of education to students on campuses that enroll a higher proportion of California residents. Legislators could easily demand that UC pool the $20,000 in surplus funds it collects from out-of-staters for the purpose of reducing the funding gaps among campuses. This demand could be tied to UC’s annual Memorandum of Understanding with the state about the funding of in-state students.

Why not, for example, get UC to agree that any difference in net enrollment revenue brought in by non-resident students be redistributed to the campuses on an equal per student basis without regard to the proportion of non-resident students on that campus?

Such an approach would treat UC’s surplus revenue from non-residents as the functional equivalent of public revenue collected by the University to replace lost revenue from California taxpayers. If the University says it needs this revenue for this very reason, why shouldn’t California taxpayers take in interest in how such revenue is used to support UC’s public purpose? It is entirely reasonable for legislators to demand, for example, that the tuition surplus generated by out-of state students be used to subsidize the quality of education on all UC campuses, especially in bad budget years, so that California residents do not suffer disproportionately from cuts in state funding on the campuses that still admit them. There would be no unfairness to non-resident students if campuses on which they enrolled were allowed to keep (or get back) the same amount of revenue they would get for enrolling a resident-no more, but no less.

Putting UC’s non-resident tuition on the table alongside state funds is entirely consistent with past practice.

UC’s own recent study of its funding streams points out that:

[h]istorically the State paid greater attention to UC’s non-State sources of revenues. The view of the State was that, to some degree, revenues UC generated from student fee and tuition charges…should reimburse the State for its past investment in UC. …For many years, State funding for UC was offset by any increases in funding from these other non-State sources. (University of California Funding Streams Proposal, 12/21/2010, p. 5)

Only in the 1990s, as a result of annual budget negotiations with the state (including so-called “partnerships” and “compacts”) were these offsets eliminated. There would thus be no legal barrier to reimposing them if UC does not agree to use any surplus revenue from non-resident tuition to offset the systemwide loss of taxpayer funding from the state.

Recapturing this surplus revenue to support instructional quality across the UC system would not cost the state anything, but it would be a large step toward reducing the budgetary disparities among UC campuses reported by the State Auditor in July 2011 (http://www.auditor.ca.gov/pdfs/reports/2010-105.pdf ).This report confirmed and extended my own 2009 finding of glaring inequities in UC’s return to the campuses of funds generated by in-state enrollments (http://keepcaliforniaspromise.org/wp-content/uploads/2009/11/Where-Does-UC-Tuition-Go.pdf ). At that time (when tuition was still around $7,000), UCLA was getting back $7,000 more than each of its in-state students generated in tuition plus state funds and UC Merced was getting about $7,000 less. Since 2009, UC has largely corrected this problem with respect to the tuition component of in-state funding, but it has not yet said how much or how soon it will “rebench” (which might or might not mean “equalize”) its distribution of the $2Billion in state funding that it receives to educate Californians. Just last week, two faculty members of the “Rebenching Implementation Task Force” criticized UC’s administration for delaying action on the Academic Senate’s recommendation of a more equal distribution to campuses of state funding generated by resident students (http://www.universityofcalifornia.edu/senate/ITFFinal_080211.pdf ).

They believe it was a fundamental error to delay rebenching while UC is speeding up the process by which richer campuses are allowed to capture the entire surplus revenue generated for the system by its growing proportion of out-of-state students. The result of untethering these two processes, they say, will be to widen the per-student funding gaps among campuses that rebenching was supposed to narrow.

Based on the State Auditor’s report alone, California’s legislators should require that UC’s out-of-state tuition surplus be pooled among campuses until UC can satisfactorily account for its use of funds appropriated to educate Californians.

This year’s budget process gives legislative leaders a chance to say that UC’s increasing reliance on revenues from non-Californians should not be used to accelerate the path toward fragmentation of the UC system by allowing some campuses to privatize their enrollments more than others. Legislators have this opportunity because, for the first time in living memory the Governor’s budget is no longer hostage to the 2/3 requirement. He must now either sign a budget passed by the majority party or negotiate proposed changes with it.

UC is already lobbying for changes that would make it no more publicly accountable for its use of state funds than it currently claims to be for its use of non-resident tuition.  UC is calling this their “Debt Restructuring” proposal when in reality, it should be called “Debt Privatization”.  A fitting legislative response would be to hold UC accountable for all the funds it raises from enrollments. Requiring UC to treat its surplus revenues from out-of-state enrollments as public funds that help support California students could change the dynamics of future discussions between UC and the taxpayers of California.

A Very Special Invitation

A special inviteThe Koch Brothers welcome their fellow billionaires to San Diego.

by Brian Leubitz (Note: I work for the Stop Special Exemptions Campaign. Cross-posted to DailyKos)

Hey, did you hear the one about the secret convention of billionaires in San Diego this weekend? It’s really quite the production. They’ll be showing pretty much everything off there is to be seen in a political operation. Well, except grassroots supporters who can’t afford the cost of entry.

Many of the dozens of rich conservative invitees are expected to write huge checks to a pool of cash distributed among Koch-approved groups, potentially boosting the Kochs’ 2012 spending plan beyond their historic $395 million goal. And it’s also a chance for the Kochs to show off their increasingly robust political machine, including a growing voter database project called Themis that played a major role in conservatives’ recent efforts in Wisconsin and in which POLITICO has learned Koch operatives have discussed investing $20 million. (Politico)

Anyway you slice it, these SuperPAC Billionaires are planning to use the Citizens United decision, and some of our other bizarre campaign finance regulations, to the fullest.

But guess what, while we can already expect to see plenty of this at the federal level, the SuperPAC Billionaires are looking to create some special exemptions for themselves right here in California.  This November, Californians will be asked on the ballot to approve the Special Exemptions Act, a system that has more holes in it than a good hunk of Emmental cheese.

It just isn’t what it seems. Rather than being a balanced approach to campaign finance reform, it tips the scales to the SuperPAC Billionaires and their friends. It gives them special exemptions from the restrictions imposed under the measure, so they can have even MORE power in Sacramento.

That’s why there is such a broad coalition of opponents to the measure. From good government organizations to environmental groups, organizations understand that the Special Exemptions Act is wrong for California.

I hope you’ll join the campaign today. You can also like the campaign on facebook or follow on twitter.

Um, Can I Take a Mulligan? Prop 8 Supporter Flip-Flops

Blankenhorn testified at Prop 8 Trial, Now says we should work for marriage equality

by Brian Leubitz

In many ways, it was actually better for David Blankenhorn to be on the other side. He was something of a comic figure. He testified on behalf of the ProtectMarriage.com crew, and ultimately got so twisted around that his testimony likely did them more harm than good. In fact, he ended up saying that we would be “more American” on the day that we allowed marriage equality.

So it shouldn’t be all that shocking that he’s decided to write an op-ed in the New York Times calling for an end to the discrimination against same-sex couples. (h/t P8TT) Now, I’m not trying to be too cynical here, but how else was David Blankenhorn going to get an op-ed in the New York Times?

But, I digress, here’s a snippet on his change of heart:

But there are more good things under heaven than these beliefs. For me, the most important is the equal dignity of homosexual love. I don’t believe that opposite-sex and same-sex relationships are the same, but I do believe, with growing numbers of Americans, that the time for denigrating or stigmatizing same-sex relationships is over. Whatever one’s definition of marriage, legally recognizing gay and lesbian couples and their children is a victory for basic fairness.

*** **** ***

And to my deep regret, much of the opposition to gay marriage seems to stem, at least in part, from an underlying anti-gay animus. To me, a Southerner by birth whose formative moral experience was the civil rights movement, this fact is profoundly disturbing.

So, is he saying that he is just now figuring out that much of the opposition to marriage equality is/was animus? Or, was his faith in his position strong enough that he could look past that. Either way, either he’s insensitive or kind of slow.

But, there is value in the symbolic import of having somebody who testified in favor of Prop 8 changing their position, for whatever reason. If Blankenhorn can truly persuade a few folks to change their minds too, then perhaps his decades arguing vociferously against marriage equality can be forgiven.

The Insurance Industry Loves Its Secrets

Just when consumers are finally getting a look at how health insurance companies conduct their business, the industry is racing to shut and lock the door. Buried deep in a “model law” for states to update health insurance regulation is a clause that would keep secret the companies’ justification for  exorbitant rate increases.

Why’s this so bad? Because one of the few ways patients and consumer groups can tell whether a rate increase is justified is to closely examine the data-heavy actuarial reports that insurers use as their defense. In states with consumer-friendly insurance commissioners, some have found gross math errors in favor of the companies. (Simple mistakes? Maybe.) Without access to actuarial and other related data, consumers can’t even hold an unfriendly insurance regulator to account, much less force the company to back down.

The “model law” is being drafted by the National Association of Insurance Commissioners, a private body of state insurance commissioners. It has long been criticized for being too cozy with the industry. The NAIC, however, has also drafted a lot of the regulations governing health insurance reform nationally, with the explicit approval of the Department of Health and Human Services. So what the NAIC says and does matters to every insurance policyholder.

Here’s the industry-friendly secrecy clause tucked into the NAIC’s model law, which most states would closely follow in drafting their own laws:

Each health carrier shall file with the commissioner annually on or before March 15, an actuarial certification certifying that the carrier is in compliance with this Act and that the rating methods of the carrier are actuarially sound. The certification shall be in a form and manner, and shall contain such information, as specified by the commissioner. A copy of the certification shall be retained by the carrier at its principal place of business.

(3) (a) A health carrier shall make the information and documentation described in paragraph (1) available to the commissioner upon request.

b) Except in cases of violations of this Act, the information shall be considered proprietary and trade secret information and shall not be subject to disclosure by the commissioner to persons outside of the Department of Insurance except as agreed to by the health carrier or as ordered by a court of competent jurisdiction.

There is a lot of room for mischief in an actuarial certification, especially when the actuarial company depends on the insurance company for its pay. The insurance industry primarily uses the certifications as a shield against state oversight, especially any attempt to lower rates.

Under this clause, a state insurance commissioner could have trouble even telling the public why an insurance rate is unjustified,  turning protective oversight  into a he said-she said catfight. Given tens of millions in lobbying money employed on the insurance industry side, it wouldn’t be an even battle Consumers couldn’t fight back against rates without data to back their argument.

If the secrecy clause stays in, states that already make such data public. like California, will find their legislatures swarming with insurance lobbyists pushing to put the data back in a closet, because the NAIC model law says to do it. The insurance lobby has repeatedly blocked state authority to deny or modify rate increases, so for a $35-million annual lobby, a little secrecy looks easy.

There is almost no such thing as a “trade secret” in a service industry like insurance. The companies don’t need to keep their actuarial reports secret from other insurers–they just need to keep the data away from outraged consumers.

The NAIC’s own consumer representatives oppose the industry secrecy clause. We hope the Department of Health and Human Services, which has strongly favored disclosure and transparency, will also weigh in. Otherwise, it will be up to the states to understand that this clause is a model of nothing except the lobbying might of the health insurance industry.

Consumers who’d like to fight back, at least in California, can start by learning more about the Consumer Watchdog Campaign’s November ballot initiative. It would make insurance companies justify their rates before they go into effect, and reduce or retract rates if they’re unjustified.

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Posted by Judy Dugan, research director for Consumer Watchdog, a nonpartisan, nonprofit organization dedicated to providing an effective voice for taxpayers and consumers in an era when special interests dominate public discourse, government and politics. Visit us on Facebook and Twitter.