AFSCME Legislative Highlights

AFSCME LEGISLATIVE REPORT
July 28, 2006

In this issue:

House Leaders Cancel Vote on Business Activity Taxes
In a big win for AFSCME, House Republican leaders in the face of widespread opposition were forced to pull a corporate tax cut bill before the scheduled vote could occur. AFSCME joined with the National Governors Association (NGA), the National School Board Association, and the Center on Budget and Policy Priorities in strong opposition to a bill (H.R. 1956) to repeal the Business Activity Tax and restrict states' ability to tax businesses not physically located within their borders. The Congressional Budget Office estimated the bill would lose $1 billion in state revenues in the first year and $3 billion a year thereafter, but some estimates put the revenue loss as high as $6 billion a year nationally. The impact on states would be severe in some cases. Washington State, for example, would stand to lose as much as an estimated $689 million in FY 2007—about 3.5 percent of its tax revenue, the most of any state. It is not clear when the bill will return to the floor. A spokesman for Majority Leader John Boehner (R-OH) said that it was "postponed until a later date."

The Senate Finance Subcommittee on International Trade held a hearing on a similar bill (S. 2721) introduced by Sen. Chuck Schumer (D-NY) that would also eliminate the Business Activity Tax. At the hearing, strong testimony was given by the NGA and others in opposition to the bill, but as expected, there was widespread support from the business community. The hearing included testimony on The Sales Tax Fairness and Simplification Act (S. 2152), which would mandate tax collection by remote sellers on behalf of states.
(Ed Jayne -ejayne@afscme.org , Marc Granowitter- mgranowitter@afscme.org)

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House GOP Leaders Cave to Pressure: House Will Vote on Increasing the Minimum Wage                
The GOP leadership had done everything it could to prevent a vote on increasing the minimum wage, however the pressure from their moderate wing and from the Democrats became too much to brush off. This week top House GOP leaders, Majority Whip Roy Blunt (R-MO) and Majority Leader Boehner, said the House would hold its first vote in a decade on increasing the minimum wage, which could even take place before House members leave for the August recess this weekend. GOP leaders have come under heightened pressure from Democrats and moderate Republicans for supporting increases in their own salaries while the federal minimum wage has remained frozen at $5.15 an hour since 1997. However, it is still not clear whether House leaders will embrace the increase to $7.25 an hour that Democrats have called for or whether they will offer a more modest proposal that could be tied to changes in labor laws, tax breaks to business or some other legislation that Democrats oppose such as the Association Health Plan bill (H.R. 525).
 
Democrats in both the House and the Senate have pledged to block all congressional pay increases until the minimum wage is increased. Since 1997, members of Congress have seen their pay rise by $31,600, to $165,200 a year. Meanwhile, inflation has eroded the minimum wage's buying power to its lowest level in more than 50 years.
 
Boehner had said in June that House leaders would probably not allow a vote on the minimum wage. But he reversed that stance, saying that while he still believes a higher minimum wage is "bad economic policy," political realities have a vote. This reversal is testament to Democratic efforts to make the minimum wage a central component of their campaign message. House Democratic Leader Nancy Pelosi (D-CA) has said a higher minimum wage would be the first act of a Democratic-led Congress next year. Pressure from moderate Republicans has also been building. Last week, 26 moderate Republicans sent a letter to their leadership urging a vote on the minimum wage. This week, a similar letter garnered 48 GOP signatures. Also since 1997, a total of 22 states and the District of Columbia have enacted minimum wages greater than the federally mandated level. This year alone eight states have raised their minimum wage. Fifty-eight percent of the national population now lives in states that have, or are about to have, minimum wages higher than the federal level.
(Marge Allen- mallen@afscme.org)

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Voting Rights Act Signed into Law
The Fannie Lou Hamer, Rosa Parks, Coretta Scott King and Cesar Chevez Voting Rights Act Reauthorization and Amendments Act of 2006 (S. 2703) was signed into law by President George W. Bush on July 27. The Act reauthorizes temporary provisions of the Voting Rights Act that are due to expire next year. Congress rejected attempts to weaken the original intent of the bill and passed a strong bill that will remain in place for the next 25 years. Advocates of the bill, including AFSCME are calling on President Bush and the Justice Department to enforce the provisions of the Act.
(Cynthia Bradley- cbradley@afscme.org)

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House Passes Flawed Health Information Technology Bill
On Thursday, by a vote of 270-148, the House approved the "Health Information Technology Promotion Act" (H.R. 4157), a bill aimed at encouraging the adoption of information technology that will allow the sharing of electronic health records of patients between providers across town and across the country. AFSCME supports the adoption of health information technology because it holds the promise of reducing costs and improving the quality of care. However, this bill has a number of flaws. Chief among them is that it sets a path for federal preemption of state privacy laws that are more protective of patients than the federal law. The bill also fails to require health care providers to include nurses and other frontline health care workers in the development of information systems that could have a significant impact on how they do their work.
(Barbara Coufal- bcoufal@afscme.org)

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House GOP Pulls Sunset Commission Legislation from the Schedule
Because of division within the Republican caucus, House GOP leaders are postponing consideration of the Government Efficiency Act (H.R. 5766) until after the August recess. H.R. 5766 would establish sunset commissions to review all federal programs and agencies to determine whether they should be abolished, continued or changed. While the legislation appears innocuous, it is not. It is written to minimize the influence of the Congress and the public on the process. This creates the opportunity for the executive branch to force enactment of controversial changes in laws and programs. In fact, the process is a back door route to muscle through drastic cuts in Medicare, Medicaid and privatization of Social Security. The bill also threatens other programs that provide federal funding for jobs held by AFSCME members across the country.

H.R. 5766 and a similar bill, H.R. 3282, are supported by most GOP House members. However, in the last few days, a small group of Republican moderates have demanded a few modest changes in H.R. 5766 in order to win their support. But, even with their improvements in the legislation, H.R. 5766 would still set a path for enacting damaging changes to programs, including Social Security and Medicare, on which working families rely. Last week, the GOP leadership also postponed action on H.R. 3282 until after the August recess.
(Barbara Coufal- bcoufal@afscme.org)

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Estate Tax Repeal on Hold for Now
House and Senate leaders are still struggling to get a deal on legislation that would make changes in the estate tax collection. So far, the Senate has been unable to fashion a compromise deal that would garner 60 votes needed to end debate and move to the legislation. The House has already passed a total repeal bill and a subsequent compromise and they are now threatening to pass yet another bill. Efforts to put the estate tax reform measure on the pending Pension bill (H.R. 2830), has thus far been unsuccessful so the House may pass yet another new tax cut and add the estate tax changes to that bill sending it to the Senate yet again.

Senate Finance Committee Chairman Charles E. Grassley (R-IA) and Ranking Member Max Baucus (D-MT) have resisted efforts to add the estate tax to the pension conference agreement package and have discouraged adding it another tax bill as well. According to Baucus, "It's in limbo," but negotiations are still continuing. House and Senate GOP leaders are desperate for a deal and would like to win approval of an estate tax deal before they leave for the month-long August recess.
(Ed Jayne- ejayne@afscme.org)

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AFSCME Retirees Call on Santorum to Fix Medicare Part D
AFSCME Council 13 retirees want changes to Medicare Part D. Over a dozen retired AFSCME members delivered petitions bearing about 600 signatures to the Harrisburg office of Sen. Rick Santorum (R-PA) this week. Petitions with another 600 signatures had been delivered during a previous visit. AFSCME is urging Congress to eliminate the so-called "doughnut hole" in Part D, eliminate the penalty on people who did not sign up by May 15 and allow Medicare to negotiate discounts from drug manufacturers. Seniors pay 100 percent of their drug costs when they are in the doughnut hole.
(Jessica Weinstein- jweinstein@afscme.org)

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Corrections Officer's Death Calls for Support of the Bulletproof Vest Act
Rep. Ted Strickland (D-OH), who introduced the Wayne 'Cotton' Morgan Bulletproof Vest Act (H.R. 4215), called on his colleagues to support his bill that would waive the federal requirement for state and local funding matches for bullet proof and stab proof vests, citing the July 25 killing of a Maryland Correctional Officer. AFSCME member David McGuinn was murdered by three inmates who jammed the locks to their cell doors and stabbed him with homemade weapons. He is the second correctional officer to be killed in the line of duty in Maryland this year. Calling the attack "a somber reminder of the risk that correctional officers undertake in order to perform a service critical to our nation's justice system," Rep. Strickland requested support for H.R. 4215, named for an AFSCME Correctional Leader who was shot and killed outside of the Kingston, Tennessee Court House by the wife of the inmate he was transporting last year.
(Jayne Clancy- jclancy@afscme.org)

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House Passes Child Welfare Legislation
This week the House passed H.R. 5640, bipartisan legislation which reauthorizes the Promoting Safe and Stable Families (PSSF) program, the Court Improvement Program and the Mentoring Children of Prisoners Program. PSSF provides $345 million a year to states to prevent and address child abuse and neglect, as well as the Child Welfare Services program, which provides money to states to administer their child welfare agencies. The legislation includes $40 million a year in new funding to be used to ensure children in foster care are visited by a caseworker monthly, as well as for recruitment, training and retention of the child welfare workforce. Beginning in FY 2008, only states that show improvement in monthly visits to foster care children will continue to receive these funds.

Earlier this month, the Senate passed similar legislation (S. 3525) which also reauthorizes all three programs. The Senate bill differs from the House version in that it dedicates the additional $40 million a year towards regional partnership grants to deal with the impact of methamphetamine in the child welfare system. It is unclear when the bills will move to conference. PSSF expires on September 30.
(Fran Bernstein- fbernstein@afscme.org)

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Two Republicans Attempt to Bridge the Divide on Immigration
Sen. Kay Bailey Hutchison (R-TX) and Rep. Mike Pence (R-IN) introduced legislation that they hope will become the foundation for a possible compromise between the Senate, which voted for a plan that would provide a new path to citizenship, and the House, which has demanded that Congress focus only on securing borders for now.

Under the Hutchison-Pence bill, there would be no changes to our current immigration laws until the President certifies that the borders are secure which would take a minimum of two years while the government instituted the security changes. The bill would "pressure" illegal immigrants to 'self-deport' to their home countries within two years of the law's enactment and apply for a new kind of visa that would allow them to return to the U.S. quickly and work legally if a job awaits them. They would have to work here for 17 years, however, to be eligible for U.S. citizenship.

Meanwhile, U.S. companies would get contracts to open Ellis Island-type centers in many countries abroad to process applications for a new kind of work visa, known as the Good Neighbor Secure Authorized Foreign Employee (SAFE) visa. The government would create tamper-proof identification cards that contain personal information and biometric technology designed to minimize fraud. Illegal immigrants would be required to return to their home countries and apply for the SAFE visa. They would undergo criminal background checks and health screenings and would need to prove that a U.S. job awaits them.

The new visa would be offered only to immigrants from countries that are part of trade pacts covering Canada, Mexico and most of Central America. The SAFE visas would be good for two years and could be renewed five times, for a total stay of 12 years. At any point, the holders could return to their home countries and apply for U.S. citizenship without paying a fine or back taxes. But they would have to wait in line.

Illegal immigrants could extend their stay beyond 12 years by applying for a five-year X-Change visa, which requires a job and a clean record. After 17 years in the system, X-Change visa-holders could go through the citizenship process without leaving the U.S. The bill also includes the security measures that have passed the House and Senate, including new border fences, additional enforcement personnel and bigger detention facilities.
(Marge Allen- mallen@afscme.org)

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New Treasury Report Highlights Large Cost of Bush Tax Breaks
A new U.S. Department of Treasury report acknowledges that Congress would need to either raise taxes or reduce spending to offset the potential costs of extending President Bush's recent tax breaks. Contrary to expectations, the report dismissed the Republican-backed myth that tax breaks are self-financed. The report's bureaucratese states, "The issue of how, or even if, these policies need to be financed remains a source of discussion among economists."  In clearer language, Robert Carroll, Deputy Assistant Secretary for Tax Analysis, said Treasury's view is "a recognition the federal government has to finance the tax relief" to avoid a rise in government debt. In practical terms, the report rebukes President Bush's July 11 claim that, "Some in Washington say we had to choose between cutting taxes and cutting the deficit? that was a false choice. The economic growth fueled by tax relief has helped send our tax revenues soaring." 
(Marc Granowitter- mgranowitter@afscme.org)

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