lunsford weekly update

Under the Gold Dome

State Representative John Lunsford's

Weekly Capitol Update

The Budget work goes on during the break

January 24^th, 2009

 

On January 12, 2009, the 150^th legislative session of the Georgia General Assembly was gaveled open as members of the House of Representatives and members of the Senate were sworn in for our legislative duties.  This process repeats itself every two years following the elections, and the winners of the 180 districts in the House and 56 districts in the Senate are seated to serve their district and state. 

 

The first week is mainly an organizational week for the General Assembly as few bills are debated.  It is used to elect the leadership of the House of Representatives and assign the membership to the many standing committees.  It is also used to develop strategies for tackling our biggest problems, mainly this year, a $2 billion shortfall in the Fiscal Year 2009 budget. 

 

Also last week, the Governor unveiled highlights in his Amended Fiscal Year 2009 and his Fiscal Year 2010 budget recommendations.  The General Assembly reviews two budgets a year.  The first is the review of the FY 2009 budget which begins July 1 every year.  In January, we begin to review that budget to see if we are short funding for mandatory programs like education and healthcare. 

 

The second budget, or what we call the “big budget,” is used to set spending policy to fund the state government for the upcoming fiscal year.  The Governor each year introduces his mid-year corrections and his policy and program funding for the next year.  The General Assembly is tasked with reviewing the budget and making changes where we see fit.  It is part of the oversight responsibility that the citizens have to insure that the Governor is doing the right thing.

 

The FY 2009 budget is set at $19.2 billion which includes a devastating $2.2 billion cut to most state agencies and programs.  The FY 2010 budget is set at $20.2 billion.  The state’s “Rainy Day Fund” now stands at $1.2 billion.  More details on the budget initiatives will be discussed in the upcoming weeks.

 

Some of the highlights unveiled in the Governor’s State of the State speech included the requisite budget issues, as well as, several key initiatives that the Governor wants to launch.  Most notably of his various proposals was a decision to overhaul the Department of Human Resources.  DHR is Georgia's human service agency whose mission is to strengthen Georgia families by providing services through about 80 programs that ensure their health and welfare.  Unfortunately, this department, by far the biggest in the state, has grown into a bureaucracy unto itself.  DHR encompasses programs that help Georgians who suffer mental retardation, mental health problems, assistance to the poor and senior services.  Many of these programs are very much needed, but the level of bureaucracy has made them unwieldy and limited their ability to “best” serve those that need the help.

 

One bill was debated and that was House Resolution 1022.  The resolution ratifies the comprehensive state water management plan that was adopted by the State Water Council.  It overwhelmingly passed 131-37.

 

After completing the first five days of this year’s session, the House and Senate broke for a week to begin budget hearings in front of joint meeting of the House and Senate Appropriations Committees. 

 

Most state agency directors did testify before the Joint Appropriations hearings to discuss their agencies and their priorities.  In addition, it allows for your elected representation to ask questions regarding various programs and to ascertain their viability. I will keep you informed through weekly updates. Your opinions and concerns are important to me and I consider it an honor to serve you at the state capitol and in our district. If you would like to reach me, please call me at (404) 656-7573 or write me at: State Rep. John Lunsford, 401, State Capitol, Atlanta, GA  30334 or e-mail me at    john.lunsford@house.ga.gov         

 

 

 

 

lunsford weekly update

Under the Gold Dome

State Representative John Lunsford's

Weekly Capitol Update

What’s happening this session?

January 16, 2009

 

As the 2009 Legislative Session convenes this week, we will be addressing issues that are being discussed around kitchen tables throughout the state of Georgia. As Georgians in every corner of our state closely watch their bottom line during this economic downturn, it will also be a tough session for lawmakers as we determine the fate of state programs and projects as we face a budget deficit.

            Since state tax revenues are lower than had been projected, we will have to address spending cuts for the last six months of the current fiscal year. Gov. Sonny Perdue has proposed a large program funded on borrowing, but has not detailed how he would spend the money. We are also waiting to see how much President-elect Obama’s stimulus package will affect individual states. Once these two issues are clarified, we will have to roll up our sleeves and determine the most responsible way to proceed.

            In regard to taxes, both House and Senate leaders have expressed support for plans to cap property taxes, although the details have not been agreed upon. We recognize that any tax relief would be welcomed by the citizens of Georgia, but we must be diligent so that any such legislation doesn’t get drowned by dissenting legislators in a myriad of party-line details.

            Roads and transportation will also be a major issue this session. As the more populous cities in the state experience an increase in traffic congestion, and as rural areas desire roads to entice employers, at the same time environmental groups want a mass transit system.  All three interests are being represented as business groups and environmentalists are jointly lobbying for a constitutional amendment that would allow a group of counties to impose a regional sales tax to support transportation projects. The proposal would have to be passed by voters in the 2010 general election, so there is time for us to carefully consider all of the ramifications.

            Trauma care is an issue that lawmakers have wrestled with for years and one that will likely be another top priority. Because there is a dire need for a dedicated funding source for a statewide network of facilities to provide advanced trauma care, including specialized equipment, air transportation for patients, and physicians, this is a cause for legitimate concern. Without a solution, there is a concern that trauma centers could be forced to close amid recent operating losses in the millions of dollars. Because of the dire need coupled with a suffering economy, this will undoubtedly be a hot-button topic again this year.

            The Savannah Port continues to create jobs and bring in significant revenue for the state, and because of this the harbor deepening project that the Georgia Ports Authority hopes to partially fund with money from the state will more than likely be approved. The Port wants to deepen the harbor from 42 feet to 48 feet to allow for larger vessels. Due to the budget crisis, it is more than likely that bonds will be issued to pay for this construction project. It is most likely that a final review of this project will take place later this year.  Georgia’s deepwater ports and inland barge terminals support more than 286,000 jobs throughout the state and contribute $14.9 billion in income and almost $3 billion in state and local taxes.  I am honored to be your representative. I will keep you informed through weekly updates. Your opinions and concerns are important to me and I consider it an honor to serve you at the state capitol and in our district. If you would like to reach me, please call me at (404) 656-7573 or write me at: State Rep. John Lunsford, 401, State Capitol, Atlanta, GA  30334 or e-mail me at    john.lunsford@house.ga.gov                                                

 

lunsford opad on saxby

On December 2^nd Georgians will have the opportunity to play a crucial in the future of our country.  Our Senator, Saxby Chambliss, is in a tough run-off against Jim Martin who is well funded by the national, liberal Democrats.  Saxby has been a leader for Georgia on the issues that matter most to us: national security, lower taxes, agriculture, fuel prices and energy independence.  Jim Martin is already promising in his television commercials to vote in lockstep with Barack Obama’s radical, liberal agenda. 

 

I know Jim Martin – I served with him in the Georgia Legislature – and I can tell you this first hand: Jim Martin isn’t one of us – he is one of the most liberal Democrats to ever have served in the Georgia House of Representatives.  He not only voted for the largest tax increase in Georgia history, and he voted to increase his own government funded expense account by 27 percent. He actually proposed legislation that would raise property taxes by 150 percent!  Had enough?  There’s more!  He voted against Georgia’s ban on partial birth abortions, against making English the official language of Georgia, and against allowing prayer in public schools 3 times!  Jim Martin doesn’t share our values, and we cannot afford the higher taxes he has a record of supporting.

 

But this Senate race is bigger then just Georgia, this is about putting country first.  Saxby Chambliss will be the firewall, the last man standing, between Obama’s liberal agenda and our conservative values.  Saxby’s will be the vote that stops the Martin/Obama plan to declare defeat in a war that we are winning, raise our taxes, re-instate the moratorium on offshore drilling, choose our doctors, nationalize our healthcare, and appoint liberal judges to our courts.

 

I am calling on every voter, even if you didn’t vote on November 4, to get involved and vote.  Early voting is now underway, and you can bet the Democrats will be in overdrive trying to get their voters out.  We have to do better.  We have to vote, and we have to get our friends to vote.  Vote early, vote by absentee ballot or vote on Dec. 2 – but whatever you do, VOTE!

 

The future of our state and our country is at stake.  We cannot afford to lose Saxby Chambliss in the United States Senate. 

 

lunsford endorses chambliss

RUNOFF MESSAGING:

 

·         CONTRAST

o   Jim Martin is too liberal for Georgia & his record proves it.

o   Saxby is for lower taxes; Jim Martin will raise taxes.

o   Saxby is the Senate sponsor of the Fair Tax; Jim Martin voted for the largest tax increase in GA history and to raise his own government expense account.

o   Saxby is pro-life, while Jim Martin voted against a partial birth abortion ban in Georgia.

o   Saxby believes Georgians should choose their doctor themselves; Jim Martin supports national healthcare where the government chooses your doctor for you.

o   Saxby supports judges who strictly interpret the law; Jim Martin supports liberal activist judges who legislate from the bench.

o   Saxby supports increasing America’s energy independence by drilling offshore and in our other national reserves; Jim Martin does not support domestic drilling and will be an ally of Barack Obama to reinstate the ban on offshore drilling

·         SAXBY WORKS FOR GEORGIA; JIM MARTIN WORKS FOR OBAMA

o   In his first commercial, Jim Martin promises to work to enact Barack Obama’s liberal agenda.

o   The Democrats are still hoping for a filibuster-proof Senate, and Saxby could be the last man standing between Barack Obama and 60 Democrat Senators.

o   Jim Martin will be a blank check for Barack Obama’s plan to raise taxes.

o   Jim Martin will be a blank check for Barack Obama’s plan to withdraw from Iraq before our Generals say its time, thus endangering our progress and the lives of our military personnel.

o   Jim Martin would be a vote for Barack Obama’s plan to nationalize healthcare.

·         VOTE EARLY OR ON DECEMBER 2

o   This is a historic runoff, and everyone must vote to protect our conservative values.

o   Saxby must be re-elected to stop the liberal agenda that Jim Martin & Barack Obama have promised: higher taxes, government-run healthcare, and liberal judges.

o   Turnout is key, and we know the Democrats will be using the Obama machine of thousands of staff and volunteers and millions of dollars from liberal, Washington Democrats to turnout votes.

o   We have to make sure that we raise enough money to fight them and get Republicans back to the polls.  Call everyone you know and make sure they vote.

o   Absentee ballot applications available now.

o   Early voting begins November 17.

o   Advanced voting: November 24, 25 & 26

Vote December 2.

house study committee on non profit hospital

An explanation of where and what I want the

House of Representatives Study Committee to review concerning

 Not for Profit Hospitals and indigent care / charity care.

Chairman John Lunsford

November 11, 2008

 

The concept of the original piece of Legislation I proposed in 2008 session was based on CON requirements.  Which I felt made sense at the time but I have since changed my mind on that legislation, and requested that a study Committee be formed to look deeper at the big picture. You see originally I felt 5% was the number or percentage that non profits should pay in exchange for their tax free status. However  I don’t believe that today because it’s not that clear.

 

Is that :

5% of gross revenue?

5% of adjusted gross revenue?

Do we allow the deduction of charges verses contractual obligations?

Do we allow the Medicaid Medicare shortfall to be added?

Is it calculated before or after DSH funding is added?

Should we count the ICTF money if so towards the total sales or against the obligation?

Do we deduct the contributions of local tax digest mileage assessments?

Do we adjust revenue for, or deduct the ad valorem taxes, federal and state income taxes. sales tax or property tax?

 

And how much are we deferring locally and how much is the community truly getting in return?

 

But several issues I do feel strongly about and I know them to be true.

 

Non life threatening healthcare is a privilege not a right !

 

A large percentage of the time a physician called in to the ED is not reimbursed. Even if the hospital is And those Doctors should get paid for their services that are requested if possible.

 

That we have a medical crisis and a trauma crisis on our hands that it is not going to improve by its self I know that we have a finite amount of money and an infinite amount of needs as a state. With that in mind we must make the best decisions possible with the funds available to treat the highest percentage of people in need.  This whole issue is coming to a head while we continue to move forward as one of the fastest growing states in the nation. We are growing in population as well as health care needs. Statistically speaking within the next few years we could easily have over 3 million uninsured gracing the doors of hospitals, clinics and doctors’ offices some models show that happening as soon as 2014.

 

Of the 3 million uninsured up to 1 million could be classified as indigent while 2 million would be working uninsured.

 

They will be over 21 years of age under 65 years of age not disabled earning too little for insurance earning too much for Medicaid etc, you get the picture. With no ESI or employer sponsored insurance now what percentage of those will pay their bill I cant tell you.

 

And a large percentage will receive services in the ED of the hospital because they allow the symptoms to progress ignored until it is now a medical emergency.

 

I as well as many of my colleagues supported tort reform to reduce costs for medical mal practice and insurance, but we need to do more.

 

Creative accounting practices and expansive definitions of services have  led to a variety of non-ideal practices by hospital management in order to balance the bottom line, while at the same time maintaining  tax-exempt status. 

 

Hospital Community benefit standards are lax at best. And way under defined

 

Cost of services can include the light bulbs in the parking lot. But not necessarily the physicians charges if in private practice.

 

Charity care, indigent care and bad debt ratio definitions are vague as to what can or cannot be counted in them. So when we say under CON or some other rule that you must do a certain percentage of  X care does it mean anything?

 

 

I believe that the concept of “community benefit” should be interpreted to require that not for profit hospitals provide population health care. As a percentage of adjusted gross revenue as defined by a community benefit assessment done by the community equal to a percentage of the taxes deferred.

 

I believe that a physician performing those services should be compensated for them. or the shortage paid into a fund to insure that occurs.

 

I believe that we should be taking part of the yearly DSH allotment and using it under a 1115 federal Medicaid demonstration waiver to purchase limited insurance for those who fall into the gap so more of the patients have insurance whereby  reducing the percentage of uninsured.

 

“According to professor  JESSICA BERG, JD CASE WESTERN RESERVE UNIVERSITY  Both the legislative history of tax-exemption, and political theories regarding the role of the government and the appropriate use of tax revenues, support the notion that community benefit must be interpreted on a group, not an individual, level. “  “Thus, the Provision of individual charity care should comprise only a part of a tax- exempt hospital’s community benefit obligation. “

 

I am studying models such as Texas community benefit standards and Tennessee’s ten care case management which may allow us to cover a larger portion of the uninsured and limit primary or well care in the emergency room, which is the most expensive place to receive service.

 

The ideas we are working on should result in better, more expansive benefits for communities; a higher percentage of insured patients, an incentive to compensate the physicians doing the work. Resulting in an overall reduction of the uninsured reducing the incentive for cost shifting thereby reducing health insurance costs whereby increasing the percentage of insured and the cycle repeats. Transparency should provide  fewer problematic Incentives for tax-exempt hospitals attempting to meet their community’s true needs.

Thereby reaching the goals of transparency in healthcare, improving the overall health of our population and fairness to the taxpayer and the provider.  With the ultimate goal being reducing healthcare costs, improving access, reducing insurance costs and expanding coverage to those who need it most.

 

I hope this clears up some confusion being spun around the capitol and other places as to the true direction of this committee with malice for none but hope for all, and proactive planning for the future of our great state.

 

Respectfully

 

John Lunsford

State Representative District 110

 

FW: Perry McGuire for Court Of Appeals

 

 

From: Perry McGuire [mailto:postmaster@listservant.org]
Sent: Wednesday, October 29, 2008 11:01 AM
To: lunsford_j@bellsouth.net
Subject: Perry McGuire for Court Of Appeals

 

Having trouble reading this newsletter? Click here to view in browser.

 

Please make checks payable to: Perry McGuire for Court of Appeals P.O. Box 672433 Marietta, Georgia 30006   Trusted Judgment, Proven Leadership Perry's Website – Find out more about Perry's dynamic campaign! Read Perry's Autobiography! MORE IMPORTANT ENDORSEMENTS!!! Dear Fellow Georgians – This week, we've been honored with several important new endorsements, including U.S. Rep. Nathan Deal, several state lawmakers, and sheriffs, as well as a number of prominent community leaders. We're demonstrating a strong momentum going into the final days of this campaign, and I am counting on your help to put us over the top and into victory! I want to share a special news story that ran this week in The Atlanta Journal-Constitution. One of Georgia's most prominent columnists and conservatives, Jim Wooten, endorsed me and gave voice to a number of important issues raised in this campaign. Most importantly, he and I share the view that Georgia voters have a right to know about the judicial candidates for whom they vote! Here is The Atlanta Journal-Constitution column, as it appeared on Wednesday, Oct. 28: McGuire Best Pick for Court of Appeals October 28, 2008 By: Jim Wooten Atlanta Journal-Constitution Two suspected conservatives are among the seven running for the Georgia Court of Appeals. It is possible that there are others. But with the interpretation many judicial candidates have chosen to apply a U.S. Supreme Court opinion that gives them more freedom in campaign speech than the old school wants, voters will not know before casting ballots on Nov. 4. One can say with some certainty that Perry McGuire "holds rule-of-law, strict constructionist judicial views" and, furthermore, "believes that judges should interpret the law, not create them from the bench." One can say that with some certainty because he says it of himself. While the Georgia Court of Appeals does not address constitutional disputes — that's the purview of the state Supreme Court — it is important to salt the judicial mines with those who express McGuire's view. The other suspected conservative in the race is Mike Sheffield, a Gwinnett County lawyer who had a heartbreak loss for the Court of Appeals in 2004 when he first made the runoff by 382 votes before a challenge to the results forced a rerun. He lost. Whether he is or not, Sheffield is amply experienced with about 300 jury trials and 65 appeals as a prosecutor, public defender and private-practice lawyer. If you're just looking for somebody who can do the job, throw a dart. They're all capable. Vote for long names, vote for short names. Vote the alphabet. Each of them has something to offer. McGuire, a former Republican state senator from Carrollton, also served as a corporate counsel for Chick-fil-A before becoming a partner in a business and corporate law firm in Cobb County. While trial lawyers tend to support Democrats and therefore find reason to oppose McGuire, for other Georgians having a strict constructionist with expertise in business law on the Court of Appeals would be useful. Most incumbents have trial-related backgrounds, either as judges or as prosecutors. McGuire, it's worth noting, has been endorsed by an assortment of legislative leaders who are themselves conservative, including Congressman Lynn Westmoreland of Grantville, Georgia Senate President Pro Tem Eric Johnson of Savannah, and a number of others. Candidates clearly are allowed to state their personal views on disputed public policy issues, obviously without making promises or implying commitment to rule one way or another on issues to come before the court. Most judicial candidates either declare or imply that they are ethically bound to silence on such issues, an interpretation of the 2002 U.S. Supreme Court decision in Republican Party of Minnesota v. White that is at odds with the majority opinion. Elections are required under the state constitution and, as such, voters should be given responses beyond those lawyers and judges think proper. In Minnesota before the Supreme Court decision, voters were only allowed to ask approved questions. Candidates could offer opinions on cameras in the courtroom, how to reduce caseloads, what they thought about administrative costs, and how women and minorities could be treated more fairly. The Minnesota decision caused many lawyers and judges great angst. In Georgia, a self-selected group composed mostly of lawyers formed a group calling itself the Georgia Committee for Ethical Judicial Campaign and invited candidates to take a pledge that they would not make misleading statements in judicial campaigns. It's a pledge I wouldn't sign on a dare, not because I'd be inclined to misleading utterances but because liberals and conservatives tend to see the world differently. Self-styled groups have biases that aren't evident. What a group of conservatives and what a group of liberals think is misleading are often entirely different. No candidate for judicial office should ever surrender to an unelected and non-official group the right to declare which speech is acceptable and which is not in an election. Most of the seven candidates in this race have unwisely signed the pledge giving outsiders authority over their campaigns. The two suspected conservatives haven't. McGuire has said, as have others, that he'll rule strictly on the law as written and not on the basis of personal beliefs or on the outcome he might have advocated as a legislator. A judge on the Court of Appeals "must be impartial and fair, but most importantly must honor the law as written," he said. "We play the role of an umpire, applying the rules, not making them." The seven running for the open seat on the Court of Appeals are all qualified. It's hard for voters to distinguish one from another. A runoff is certain. Perry McGuire should be one of those left standing. Can You Help? Please have your friends added to our e-mail list: Subscribe Here Please add your name to our endorsements: Endorse Perry Here Can you volunteer? Voluteer for Perry Here Now is the time to reach the maximum number of voters – please let us help you volunteer your time, and thank you for your financial help at this critical moment.   Perry McGuire   Paid for by Perry McGuire for Georgia Court of Appeals

We are located at: Perry McGuire for Georgia Court of Appeals | 4545 Highway 166 | Douglasville, Georgia 30135 Your privacy is extremely important to us. We will never sell or distribute your email to any third party. If you have questions or comments, email info@perrymcguire.com.

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lunsford reception

You are cordially invited to a Fundraising reception Honoring:

 

State Representative John Lunsford

With Special Guest Speaker

Governor Sonny Perdue

The Governor of Georgia

With other special Guests and Hosts

 

 

 

October 28^th

5:30 pm – 7:00 pm

Eagles Landing Country Club

100 Eagle's Landing Way,

Stockbridge, GA 30281   770.389.2000

 

 

Donations Accepted and Appreciated but not required:

Light Refreshments and hors d`oeuvres to be served.

Directions: I75 south from Atlanta to Eagles landing parkway turn left (east) go to second light turn right on country club drive Eagles landing country club is on right  reception is in the clubhouse