November/December 2007

The Final 2007-09 Budget: 
Mostly Good News for Now, More Challenges Ahead

The expression “better late than never” understates our feelings about enactment of the long overdue 2007-09 budget bill, when we compare it with the hardships that would have resulted if the Legislature had failed to pass a budget and simply continued the previous funding levels. Although there were some disappointing compromises, children’s issues generally fared well in the final budget, which is now Act 20.  

The most worrisome aspect of the budget is that the state remains in a very precarious fiscal position.  In the negotiations that led to Act 20, Democrats got their way on many of the spending items, but Republicans prevailed in their efforts to block most of the new tax revenue proposed by the Governor.  That paradoxical outcome was made possible by continuing to rely on short-term solutions and by deferring much of the new spending and tax cuts to future years, thereby negating the progress the Governor’s budget would have made in reducing the state’s structural deficit.  

The net result is a budget where programs for children and families came out better than we had anticipated.  On the other hand, it is a fiscal blueprint that fails to establish a firm foundation for the 2009-11 budget.

This article summarizes some of the key parts of the budget relating to programs for children and families.  A much more comprehensive WCCF summary of the budget, tracking the changes over each stage of the process, can be found on our website at:
http://www.wccf.org/pdf/budget20072009_compsummfinal_103107.pdf .

Health Care

One of the key areas of this budget for children is health care.  Although the Legislature rejected the Senate’s proposal to provide health insurance for all state residents, Act 20 does include the Governor’s BadgerCare Plus initiative.  Beginning in February 2008, BadgerCare Plus will do the following: 

  • Provide access to health insurance for all Wisconsin children who are U.S. citizens or have been lawfully present immigrants in the U.S. for at least the past 5 years.
  • Expand access to more self-employed parents, including farmers, and more pregnant women.
  • Provide access to care for youths aging out of foster care, parents whose children are temporarily removed from the home, and caretaker relatives.
  • Remove red tape and other barriers that now keep thousands of eligible children and parents from enrolling in Medicaid or BadgerCare.
  • Increase funding for dental care by almost $6 million (all funds) to make grants for new and innovative ways of providing care to low-income families.

A second phase of BadgerCare Plus, slated to begin in 2009, is expected to provide coverage for low income childless adults.  Currently, childless adults are not eligible for Medicaid or BadgerCare, no matter how poor they are.  That portion was not funded in the budget, but the adoption of the statutory authority allows DHFS to continue to seek a federal waiver and attempt to find a way to finance the phase-in of that new category of coverage.  The state might be able to get it started by using funding for the General Assistance Medical Program (GAMP).   

A longer summary of BadgerCare Plus, including a chart illustrating the expanded categories of coverage, can be found on our website at:
http://www.wccf.org/pdf/badgercareplus_law_111007.pdf

Some of the other health care related measures in the bill include the following:

  • $20 million GPR to expand Family Care and fully fund aging and disability resource centers.
  • A $3 million increase for community health centers, starting in 2008-09.
  • An increase in the cigarette tax of $1 per pack, with the revenue earmarked to offset the costs of Medicaid and BadgerCare Plus (though the changes in BadgerCare Plus are expected to be cost neutral).
  • A $5,000,000 per year increase in GPR funding for tobacco use control grants.
  • The phase-in of an expanded income tax deduction for health insurance premiums -- making every dollar families pay in health premiums completely tax free -- which cuts taxes by $11.8 million in this biennium and by $149 million per year in 2011-12 and thereafter.
  • A new item to reduce MA spending by $61 million in 2008-09 to reflect savings that DHFS is expected to generate that year, by modifying the provision of pharmacy services that are currently provided through managed care contracts.

The Legislature did not approve the proposed hospital assessment that would have leveraged federal funds for a hospital rate increase, while also helping to balance the Medicaid budget.  However, Act 20 does include a $200 million transfer from the Patients Compensation Fund to the Medicaid trust fund, and the State Medical Society has filed a lawsuit to try to block that funding shift. 

Early Care and Education

One of the more contentious areas of the budget was the funding for early education.  Because of a significant structural deficit in the budget for welfare reform programs, such as Wisconsin Works and the Wisconsin Shares child care subsidy program, the Governor had recommended a number of changes to reduce child care subsidy spending substantially below the 2006-07 level.  Those measures included a lower income-eligibility ceiling, changes in the reimbursement policies for providers, higher co-pays for families, and instituting waiting lists. 

The final budget package increases Wisconsin Shares funding by $69 million increase over the base, and $65 million more than the Governor’s original budget. It does not authorize waiting lists or change eligibility levels, but child care provider payment rates are frozen at 2006 levels.  Although there are no statutory changes to family co-payments or the absence policy, the Department of Workforce Development (DWD) retains the ability to address those issues administratively.

Some of the other significant budget measures relating to early education include the following:

  • The Governor’s proposal for a $3 million start-up grant program for four-year-old kindergarten, with preference for community approaches.
  • Creation of the new Department of Children and Families, in order to improve coordination of services for children.  DWD child care and DHFS child care licensing will be part of the new department.
  • A state income tax deduction for a portion of child and dependent care expenses, which will be phased in over several years, starting in tax year 2009.

Proposals the Governor made to improve child care quality did not make it into the bill.  Instead, the bill cuts funding in that area.  It does not prescribe exactly where the cuts will be made, but Act 20 directs DWD to spend not more than the minimum amount required by federal law for quality.  That was one of the tradeoffs resulting from the Legislature’s efforts to preserve the child care subsidy program. 

W-2 and TANF

Work and public assistance programs like W-2 and child care subsidy are funded primarily from the federal block grant know as Temporary Assistance to Needy Families (TANF).  The TANF-funded portion of the state budget has been hard to balance in recent years because the block grant funding level has been frozen for more than a decade and child care subsidy use has been growing steadily.  Perhaps an even more important reason is that the state began in 1999 to use upwards of $50 million of TANF funds each year to replace state GPR dollars for the Earned Income Tax Credit (EITC). 

The new budget takes a major step toward ending that unsustainable practice.  It restores $82.7 million GPR for the EITC over the next two years, in order to free up TANF funds that are needed to fill the shortfall in funding for the child care subsidy program.

Other noteworthy appropriation changes in the DWD budget include:  

  • Emergency assistance funding is increased by $1.5 million per year (over the base of $4.5 million).
  • The state is finally initiating the long-debated proposal for the Real Work, Real Pay transitional jobs pilot program, though it is limited to 100 people.
  • The Youth Apprenticeship Program is increased by $1.6 million over the next two years.
  • The Youth Summer Jobs Program in Milwaukee gets a new appropriation of $500,000 GPR annually.
  • The bill sets aside $8.25 million in a reserve appropriation and authorizes the Finance Committee to tap that for county child support enforcement activities, to help offset part of a federal cut of up to $37 million for child support enforcement. 

Also noteworthy are some of the proposals that did not make it into the final budget bill.  Those include:

  • The proposal for W-2 benefits for pregnant women in at-risk pregnancies.
  • The Governor’s proposal to allow a mother receiving the caretaker of a newborn benefit to stay home until the infant is 6 months old, instead of the current 12 weeks.
  • Provisions requiring additional verification of citizenship for public benefits. 
  • Statutory language authorizing the use of a Job Ready category in W-2.

Juvenile Justice and Child Welfare
 
Some of the highlights in the area of juvenile justice and child welfare include the following:

  • Daily rates that counties must pay for placements in the secure juvenile institutions rise to $259 in 2008 and $268 in 2009.
  • Youth Aids funding is increased by $23 million to offset the increases in the daily rates.
  • The bill includes $1 million to provide grants to programs that provide civil legal services to low income Wisconsin residents.
  • Foster care rates will be increased by 5 percent in January 2008 and an additional 5 percent in January 2009.

K-12 Education

Funding for K-12 education was the first major area of the budget agreed to by the Conference Committee, after Republicans accepted most of what the Democrats were seeking for schools.  Although this seemed to be an area where the Senate and Assembly weren’t nearly as far apart as was the case for other parts of the budget, matters got a bit more complicated after the budget process continued beyond the date when the Department of Public Instruction (DPI) had to notify districts what their equalization aid will be in the next year. 

The upshot of the delay was that the increase in general school aids had to be by $79.3 million per year because DPI had already officially notified districts that general aid in 2007-08 would be the same as in the 2006-07 school year.  In response to that problem, Act 20 adds the $79 million to the School Levy Credit, with the idea being to accomplish essentially the same result through the relief that shows up directly on property tax bills.  However, a problem has arisen because the formula for dividing up the increased funding for the levy credit was not changed to make it consistent with the school aids formula.  As a result, about 69 percent of school districts – specifically, the less affluent districts – will get less tax relief, unless the Assembly approves a Senate-passed bill (SB 299) that would correct this apparent oversight.   

Other parts of the K-12 budget include the following:

  • Funding for special education is increased by $53.6 million (8.1%).
  • The bill adds $27 million for smaller class sizes in elementary schools through the SAGE program.
  • $21 million is added for a new aid appropriation for high poverty school districts.
  • Beginning in 2008-09, Milwaukee Public Schools receives $10 million per year for grants to improve pupil academic performance.
  • Also in 2008-09, a new $3.6 million per year appropriation is created for aid to small rural districts.
  • $3.3 million is provided over two years to increase school breakfast reimbursement rates by 5 cents per breakfast to encourage more schools to offer breakfast programs.
  • School library aid is increased by $17 million, reflecting increased interest earnings on the segregated fund used for the libraries.

Other Property Tax Relief Issues

There were a number of disappointments in the portions of the budget relating to local aid and property tax relief.  The bill puts a fiscal squeeze on local governments, particularly municipalities and counties, who must cope with the following:

  • Shared revenue for municipalities and counties is frozen (except for a small increase in the utility aid component), which results in the continued decline in the inflation-adjusted value of this state aid.
  • The Community Aids appropriation, which helps counties pay for mandated human service programs, is also essentially frozen. 
  • The bill extends caps on municipal and county levy increases.  Although the Governor used a veto to relax the cap a little this year, levy increases in 2008 are limited to 2 percent or the value of new construction (whichever is greater), unless a higher limit is approved by referendum.

Another disappointment is that a provision to adjust the Homestead Tax Credit for inflation, which was proposed by the Governor and had strong Senate support, was removed from the bill.  Funding for the credit is cut by $13.1 million because inflation continues to erode the program.

A much less progressive form of property tax relief, the School Levy Credit, is increased by almost $327 million relative to the base.  Fortunately, the bill also commits $75 million for a new First Dollar Credit, which is similar to the School Levy Credit but uses a more equitable formula for allocating property tax relief.  It will begin in 2009 but does not actually get funded until the next biennium. 

Conclusion

On balance, Act 20 is a good budget for Wisconsin’s children and families.  We are particularly pleased that it protects the Wisconsin Shares child care subsidy program and includes the Governor’s BadgerCare Plus initiative, which will provide access to health insurance for nearly all children in the state.

As to be expected of any compromise, there are parts of the bill that are disappointing.  For example, we are sorry to see that Homestead Tax Credit funding declines by $13 million because the proposal to adjust the credit formula for inflation was not approved.  We are also disappointed that there is little aid for state-mandated human services provided by the counties, and we are concerned that local revenue caps will continue to squeeze schools and other local services.  We also worry about the implications of a large structural deficit for the next biennial budget.

Despite those reservations, there are many very positive things in the budget and we commend all the parties involved for making children a high priority.