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CLT UPDATE
Thursday, July 2, 2009

Independence Day spoiled in Taxachusetts


Governor Deval Patrick said yesterday that he will sign more than $1 billion in tax increases, ending a months-long standoff with the Legislature and ensuring Massachusetts residents will pay more for everything, from satellite dishes to cheeseburgers.

Patrick’s announcement, coming after the House and Senate overwhelmingly approved the tax increases last week, means that the state sales tax will rise for the first time in a generation, and at a time when many residents are losing homes and jobs.

The new sales tax rate, which will increase from 5 percent to 6.25 percent, will go into effect Aug. 1....

“It’s going to hurt small businesses, and it’s going to hurt consumers,’’ said Jon B. Hurst, president of the Retailers Association of Massachusetts....

“There’s no fiscal crisis of the last 50 years that hasn’t had both major spending cuts and a broad-based tax increase,’’ said Michael J. Widmer, president of the Massachusetts Taxpayers Foundation, a business-funded fiscal watchdog group. “In that context, the sales tax, I think, was predictable because of the size of the revenue collapse.’’

The Boston Globe
Saturday, June 27, 2009
Patrick stresses upside of tax hikes


Bay State consumers, already hard-pressed by a slumping economy, will be slapped with a 25 percent sales tax hike and nearly $1 billion in total tax increases Aug. 1, Gov. Deval Patrick said yesterday after signing a massive transportation reform bill.

The Boston Herald
Saturday, June 27, 2009
Deval Patrick signs off on tax hike bill


Governor Deval Patrick plans to announce a spending proposal tomorrow that retains medical coverage for some 30,000 legal immigrants who are at risk of losing it, and will also agree to ensure dental coverage for another 700,000 of the state’s poorest residents, administration officials said yesterday.

State-subsidized coverage for the two groups has been endangered this year as Patrick and lawmakers struggled to craft a budget amid an economic downturn that has sharply curtailed tax revenues. The governor will propose the healthcare spending for legal immigrants as an amendment to the state’s $27.4-billion budget that he will sign tomorrow.

The Boston Globe
Sunday, June 28, 2009
Patrick set to keep healthcare for poor
Spending plan aids legal immigrants


In signing the $27 billion budget, Patrick issued $147 million in line-item vetoes.

At the same time, he submitted a separate $269 million supplemental budget to fund other initiatives, including $70 million for health care for 30,000 legal immigrants.

Associated Press
Monday, June 29, 2009
Gov. Patrick approves budget with sales tax hike


Governor Deval Patrick signed a budget yesterday that imposes more than $1 billion in additional taxes on Massachusetts residents and visitors, most of it through the first increase in the state sales tax in 33 years, even as he declined to rule out a future boost in the state gas tax.

Patrick, whose earlier proposal for a 19-cent-per-gallon increase in the gasoline tax was largely ignored by the Legislature, continued to make the case yesterday that the tax could be necessary to put the state’s transportation network on sounder financial footing.

“We haven’t done that yet. We haven’t finished that work yet,’’ Patrick said, when asked if he would keep pushing for a gas tax. “And whether that’s the gas tax or something else, we’re going to have to face those issues, I think sooner rather than later.’’

The Boston Globe
Tuesday, June 30, 2009
Patrick hints at hike in gas tax
Signs budget, says levy on sales may not suffice;
Cites need to bolster transportation system


Gov. Deval Patrick greenlighted the renewal of a controversial multimillion-dollar taxpayer-funded giveaway to Hollywood stars yesterday, even as he signed a $27.05 billion budget that squeezes the Bay State for another $860 million in new taxes.

The tax credit is meant as an incentive to draw filmmakers to Massachusetts. Amid the ongoing fiscal crisis, legislators wanted to cap star salaries that could count toward the credit at $2 million per actor, and the fiscal 2010 budget Patrick signed ratified that.

But yesterday, Patrick also signed a $51 million supplemental spending bill for this year that prevents the cap from becoming law.

“This is money for nothing,” said Rep. Steven D’Amico, a Seekonk Democrat and tax credit foe. “Mel Gibson doesn’t need our tax dollars.”

The Boston Herald
Tuesday, June 30, 2009
Deval Patrick acts on stars’ behalf
Gov reinstates 25% credit for actors’ salaries


Nearly 30 Boston firefighters with pending disability claims filed for retirement yesterday, just two days before a new state law ends a controversial benefit that allows them to significantly enhance their pensions if they claim career-ending injuries occurred while filling in for a superior at a higher pay grade.

Of the 29 who filed yesterday, 25 said they were filling in for a superior at the time of their injuries, according to city officials, which makes them eligible for a pension benefit at the higher salary scale. That perk, which can add hundreds of thousands of dollars over a retiree’s lifetime and cost taxpayers millions, will not be available to anyone filing after today....

Boston Fire Commissioner Roderick J. Fraser Jr. said firefighters are clearly taking advantage of the final days before the new clampdown on enhanced pensions goes into effect.

“The old system provided a financial incentive for people to file for accidental disability while they were filling in for supervisors,’’ he said. “This illustrates that fact.’’

The Boston Globe
Tuesday, June 30, 2009
Firefighters on disability race to retire
Pension-upgrade rule disappears tomorrow


After 18 months of threats, and three votes to raise tolls, the Massachusetts Turnpike Authority rescinded a controversial $100 million toll hike yesterday and will instead depend on money from a higher sales tax to cover its deficit.

Officials are hoping the infusion of cash buys commuters two or three years without a toll increase, but the law requires only that the state go without one for 12 more months.

The Boston Globe
Tuesday, June 30, 2009
Anticipating state revenue,
Pike board kills $100m toll increase


Beginning next month Bay State taxpayers will be forced to cough up $1 billion a year in new taxes - on restaurant meals, hotel rooms, beer, wine, satellite TV subscriptions and every manner of consumer good.

And yet before the ink had even dried on the “austere” $27 billion state budget that delivered those very tax hikes to our doorstep, Gov. Deval Patrick was entertaining the possibility of, yep, another tax hike....

Still Patrick and his transportation secretary, James Aloisi, haven’t let go of their dream of paving the streets with gas tax gold. While Patrick was keeping that flame alive on Monday, Aloisi was mulling the possibility of a future toll hike. Funding from the sales tax hike should get the Pike through the next few years, Aloisi said, but that isn’t a guarantee.

What is clear is that Patrick has failed utterly in gauging the mood of taxpayers, who were already struggling to accept the idea of paying higher taxes on everything but their gasoline.

A Boston Herald editorial
Wednesday, July 1, 2009
Gov fuels tax talk


In most states, a governor who just signed a $1 billion tax hike would be looking for political cover. A budget with a 25 percent sales tax hike would be a legislative orphan elsewhere.

But in Massachusetts, taxpayers feel a palpable sense of relief. “We only got nailed with a sales tax?” locals ask in pleased surprise.

Welcome to Massachusetts, where taxpayers lined up before the Beacon Hill firing squad are just grateful they didn’t get shot twice....

Thanks to a combination of one-party government and a largely liberal media, the Democratic autocracy that runs this state is free to rain on the taxpayers’ parade every day. Voters in other states might expect more but why should we?

For a few months, our taxes are going to be slightly less higher than expected. And, I predict, one day this week we’ll see the sun break.

In both instances, my advice is the same: It’s Massachusetts. Enjoy it while you can.

The Boston Herald
Tuesday, June 30, 2009
Alas, it’s only drizzling on taxpayers’ parade
By Michael Graham


Chip Ford's CLT Commentary

This relentlessly miserable early-spring weather now into July is supposed to at last break, at least for the holiday weekend celebration of Independence Day.  Too bad Beacon Hill spoiled any real cause to celebrate.  Instead, here in Taxachusetts -- once the birthplace of revolution, ground zero of the demand for independence from an oppressive government -- we have been further oppressed with regal impunity.

Let us not forget that the upcoming holiday, colloquially referred to as the Fourth of July weekend, celebrates Independence Day, the actual date when the American colonies declared separation from Great Britain.  It's not just a mid-summer respite from daily activities; it was supposed to have meaning and still should.

On Independence Day, 1997

The second-largest tax increase in state history has been signed into law by Gov. Deval Patrick -- and before the ink had dried, he's already talking about a gas tax increase too.

Oh sure he says he's satisfied with all the reforms he'd demanded before approving the 25 percent sales tax hike, but now calls them "a start."  And when, do you suppose, we'll see them continued, completed, now that more of our hard-earned money is flowing into the state's coffers?  Not any time soon, I predict.

Already "pension reform" is working -- with public employees such as Boston firefighters throwing themselves into early retirement in droves before the limited reforms' effective date.  Wonderful, good legislation Beacon Hill -- smart planning.

We at CLT have been getting calls from all over including the media:  "What do you plan to do about these tax increases?"

"Nothing," is our calculated and unified response.

For decades we've heard from the state Republican party that ballot questions undermine their candidates -- that voters choose to repeal taxes or vote for reforms, then reelect the same cast of characters who've produced our troubles.  We never bought into that argument, but times have changed.

There are consequences to elections, to choices made by the electorate, every voter.  We are in a moment that we as Americans have never before confronted.  We are at a critical juncture in our state's and our nation's direction, it's future history.

November 2010.  That's when change must happen.

Not with single issues -- but with the future of each of those who allegedly "represent" us.

We will not contribute to dilution of that message, of that potential for change we don't have to "believe in" but will become the next consequence.

Work and vote for a ballot question and we will be ignored.  We know this from experience.  It's a waste of time and resources.

Vote out incumbents -- "Drain The Sewer" -- and we mere citizens might once again become respected and reign supreme.

Anything less is squandering hope and opportunity.

Chip Ford


The Boston Globe
Saturday, June 27, 2009

Patrick stresses upside of tax hikes
By Matt Viser


Governor Deval Patrick said yesterday that he will sign more than $1 billion in tax increases, ending a months-long standoff with the Legislature and ensuring Massachusetts residents will pay more for everything, from satellite dishes to cheeseburgers.

Patrick’s announcement, coming after the House and Senate overwhelmingly approved the tax increases last week, means that the state sales tax will rise for the first time in a generation, and at a time when many residents are losing homes and jobs.

The new sales tax rate, which will increase from 5 percent to 6.25 percent, will go into effect Aug. 1.

“I will approve the new revenues we need to bring our budget into balance, offset the need for even more difficult cuts, and expand opportunity throughout the Commonwealth,’’ Patrick said in a statement. “Due to the economic challenges that all states are facing, this new revenue is necessary to prevent us from losing ground on our long-term goals in education and healthcare, and further straining safety net services that are struggling to meet the increased demand.’’

About $275 million in projected new sales tax revenue will be directed to the state’s transportation network, preventing planned toll increases on the Massachusetts Turnpike, at least for now. The sales tax revenue will also help shore up finances at the Massachusetts Bay Transportation Authority, although it might not be enough to head off a fare increase.

The statewide meals tax will also increase, from 5 percent to 6.25 percent, and municipalities will have the option to raise it up to 7 percent and keep the extra revenue for themselves. In addition, taxes will go up on satellite television users, and a sales-tax exemption on alcohol sold in retail stores will be eliminated. Municipalities will also be allowed to raise the local hotel tax by 2 percentage points.

“It’s going to hurt small businesses, and it’s going to hurt consumers,’’ said Jon B. Hurst, president of the Retailers Association of Massachusetts.

Patrick had earlier argued for targeted taxes on items such as candy and soda, and a 19-cents-per-gallon increase in the gasoline tax. None of those proposals were embraced by the Legislature, which instead turned to the state sales tax to raise an additional $900 million a year.

“There’s no fiscal crisis of the last 50 years that hasn’t had both major spending cuts and a broad-based tax increase,’’ said Michael J. Widmer, president of the Massachusetts Taxpayers Foundation, a business-funded fiscal watchdog group. “In that context, the sales tax, I think, was predictable because of the size of the revenue collapse.’’

Patrick had said he would agree to the lawmakers’ plan only after they agreed to overhaul the state’s ethics, pension, and transportation laws significantly. Over the past two weeks, House and Senate lawmakers approved plans on each of those items, all but forcing the governor to sign on to their tax proposal.

Patrick’s decision will provide fresh state revenues to offset deeper budget cuts, but it could hurt him at the ballot box next year. The way he made the announcement - in a quiet statement at 4:23 on a Friday afternoon - said much about the political risk.

Still, Massachusetts has one of the lowest sales tax rates in the country, and exempts several items from the tax, such as food, and clothing that costs less than $175. The state passed a 3 percent sales tax in 1966; it was increased a decade later to 5 percent, where it has remained.

The tax proposals are included in the $27.4 billion state budget for the next fiscal year, which begins Wednesday.

Patrick also signed legislation yesterday to overhaul the state’s ailing transportation network, abolishing the Turnpike Authority and consolidating a patchwork of agencies that govern roads, rail, and bridges.

The bill, a key part of what Patrick is calling his “reform agenda,’’ creates a new state Department of Transportation that will oversee highways, mass transit, aeronautics, and the Registry of Motor Vehicles.


The Boston Herald
Saturday, June 27, 2009

Deval Patrick signs off on tax hike bill
By Hillary Chabot


Bay State consumers, already hard-pressed by a slumping economy, will be slapped with a 25 percent sales tax hike and nearly $1 billion in total tax increases Aug. 1, Gov. Deval Patrick said yesterday after signing a massive transportation reform bill.

Patrick had vowed to veto the sales tax boost if lawmakers didn’t enact transportation, pension and ethics reforms - but all three measures passed.

“I could not support a sales tax increase and ask people to pay for the status quo,” Patrick said in a statement. “Because of (the reforms), I will approve the new revenues we need to bring our budget into balance, offset the need for even more difficult cuts and expand opportunity throughout the commonwealth.”

The transportation measure also means an unpopular toll hike - scheduled take effect July 1 - will likely be averted. The Massachusetts Turnpike Authority board is meeting Monday.

Also yesterday, Patrick signed transportation reform legislation that eliminates the ailing Turnpike and also seeks “millions of dollars” in savings by forcing all MBTA employees onto state health insurance.

The law folds all transportation agencies into one behemoth called the Massachusetts Department of Transportation. A five-member board of directors will oversee the new agency. The members, appointed by the governor, are supposed to be experts in transportation, finance and engineering.

The new bill also would make Transportation Secretary James Aloisi - the mega-agency’s likely new CEO - accountable to the board instead of directly to Patrick. “I am excited by this opportunity to lead a revitalized and reorganized transportation organization,” Aloisi said in a statement.

On Monday, Patrick is slated to sign a $24.7 billion budget that cuts local aid and state services.


The Boston Globe
Sunday, June 28, 2009

Patrick set to keep healthcare for poor
Spending plan aids legal immigrants
By Kay Lazar


Governor Deval Patrick plans to announce a spending proposal tomorrow that retains medical coverage for some 30,000 legal immigrants who are at risk of losing it, and will also agree to ensure dental coverage for another 700,000 of the state’s poorest residents, administration officials said yesterday.

State-subsidized coverage for the two groups has been endangered this year as Patrick and lawmakers struggled to craft a budget amid an economic downturn that has sharply curtailed tax revenues. The governor will propose the healthcare spending for legal immigrants as an amendment to the state’s $27.4-billion budget that he will sign tomorrow.

Patrick’s proposal for the legal immigrants is a short-term fix that will require more work with lawmakers, who have resisted the coverage because it is especially expensive for the state. To maintain state-subsidized care for immigrants beyond August, Patrick will call on legislators, health advocates, and state regulators to patch together a long-term solution.

“This plan continues our commitment to healthcare reform and will ensure that health coverage for thousands of residents will not fall victim to the recession and shrinking budgets,’’ said a senior administration official who was briefed on the blueprint.

The 30,000 immigrants affected have “special status’’ in the immigration system and have been in the country less than five years. Many are seeking asylum from war-ravaged regions, such as Iraq, Somalia, and the Sudan. Advocates say the group includes people who have survived torture or were victims of human trafficking and have serious mental health and post-traumatic problems that require treatment.

Healthcare and immigrant advocates, who pushed hard for the cuts to be restored, last night said they were encouraged by the news.

“It indicates that the administration is seriously looking at the needs of these 30,000 immigrants,’’ said Eva A. Millona, executive director of the Massachusetts Immigrant and Refugee Advocacy Center, the state’s largest immigrant group. “It also shows the governor’s commitment to preserving the values of healthcare reform in Massachusetts.’’

Spokesmen for Senate President Therese Murray and House Speaker Robert DeLeo said they had not seen the proposals so could not comment on them.

The officials said that among the amendments Patrick will submit tomorrow when he signs the state’s $27.4 billion budget is a proposal to spend $70 million, or about half of the annual cost to cover the group. They declined to say where in the budget this money would come from.

Under Patrick’s proposal, in August, the immigrants would receive care through two other state programs: MassHealth Limited, which would cover emergencies, and the Health Safety Net for the rest of their care.

By September, the officials said, the aim is that state regulators and administration officials will have devised an alternative method for coverage by renegotiating and redesigning the contracts with the health insurance companies that participate in the state program, or by securing a change in federal policy to get more matching funds. They declined to elaborate.

In an earlier interview with the Globe, Senator Steven Panagiotakos, chairman of the Senate Ways and Means Committee, said lawmakers were not targeting immigrants, but proposed the cuts because the 30,000 “special status’’ immigrants at issue do not qualify for matching federal subsidies and thus are more expensive for the state to insure.

“The governor is clearly trying to find a way to maintain coverage despite the tremendous revenue shortfall,’’ said Brian Rosman, research director for Health Care for All, a large consumer group.

He said Patrick’s plan to retain dental coverage indicates that the governor understands the importance of such care to overall health.

“We’re hopeful that these 700,000 adults don’t have to worry again this year that their dental benefits are in jeopardy,’’ Rosman said.

Health and dental coverage for huge swaths of low-income residents has been in limbo for more than a month, as lawmakers and the governor hatched dueling plans to close a multibillion-dollar gap in the state’s fiscal budget, which begins July 1.

Patrick, a staunch supporter of legal immigrants, had included healthcare coverage for them in Commonwealth Care, the subsidized program that is the centerpiece of the state’s 2006 health insurance overhaul. But the Senate Ways and Means Committee cut them out in its proposed blueprint released last month.

Hoping to salvage care for the immigrants, Patrick then crafted a list of other healthcare areas to cut, including the dental coverage for 700,000 adults in Commonwealth Care and in MassHealth, the state’s Medicaid program. The governor’s revised budget proposal retained coverage for the immigrants.

But the Legislature threw Patrick a curveball: Lawmakers included his suggested cuts in their final budget released June 19, but applied the savings toward other areas of the budget, and once again, cut out the immigrants. However, they restored dental coverage for the 700,000.

When Patrick signs the budget tomorrow and submits his amendments and vetoes, the ball will be back in the Legislature’s court. If lawmakers choose once again to cut healthcare coverage for the legal immigrants, they must override Patrick’s amendment by a two-thirds margin vote in both the House and the Senate.


Associated Press
Monday, June 29, 2009

Gov. Patrick approves budget with sales tax hike


Gov. Deval Patrick has approved a new state budget that hikes the Massachusetts sales tax by 25 percent, largely preserves education spending, and makes deep cuts to other state services.

The increase in the sales tax allowed the Massachusetts Turnpike Authority earlier today to vote to avoid a planned toll hike scheduled to take effect July 1, relying instead on $100 million from the tax increase.

In signing the $27 billion budget, Patrick issued $147 million in line-item vetoes.

At the same time, he submitted a separate $269 million supplemental budget to fund other initiatives, including $70 million for health care for 30,000 legal immigrants.

The budget also maintains current eligibility for state-subsidized health insurance programs and funds dental coverage for MassHealth and Commonwealth Care.


The Boston Globe
Tuesday, June 30, 2009

Patrick hints at hike in gas tax
Signs budget, says levy on sales may not suffice;
Cites need to bolster transportation system
By Matt Viser


Governor Deval Patrick signed a budget yesterday that imposes more than $1 billion in additional taxes on Massachusetts residents and visitors, most of it through the first increase in the state sales tax in 33 years, even as he declined to rule out a future boost in the state gas tax.

Patrick, whose earlier proposal for a 19-cent-per-gallon increase in the gasoline tax was largely ignored by the Legislature, continued to make the case yesterday that the tax could be necessary to put the state’s transportation network on sounder financial footing.

“We haven’t done that yet. We haven’t finished that work yet,’’ Patrick said, when asked if he would keep pushing for a gas tax. “And whether that’s the gas tax or something else, we’re going to have to face those issues, I think sooner rather than later.’’

Patrick aides said afterward that the governor had no current plans to push for a gas tax increase.

The governor made his comments as he signed a $27 billion budget that includes increases in the state’s sales, alcohol, satellite television, meals, and hotel taxes. Even while putting his signature on the budget, Patrick continued to try to distance himself from a first-in-a-generation increase in the state’s sales tax, which on Aug. 1 will rise from 5 percent to 6.25 percent.

“The sales tax is not my first choice, and not the preferred course,’’ he said. “It’s the course that the Legislature pursued. I preferred, and still do, more targeted revenue measures that raise, from a particular source, revenue for particular needs.’’

In signing the budget, which is $400 million less than the plan House and Senate lawmakers approved earlier this month, Patrick vetoed nearly $150 million worth of spending proposals. He also cut $217 million in funding for county sheriffs, although that funding will probably be restored through a bill that consolidates sheriffs departments throughout the state.

The budget takes effect tomorrow, the first day of fiscal year 2010, although the Legislature will probably attempt to override several of Patrick’s vetoes.

The budget cuts funding for noneducation local aid, in some cases up to 15 percent, but provides a record-high $4 billion in education funding for cities and towns, due in part to $167 million in federal stimulus money. The budget relies heavily on one-time sources of revenue, using $1.7 billion from federal stimulus funding and $215 million in state reserves.

Spokesmen for House Speaker Robert A. DeLeo and Senate President Therese Murray said they were still reviewing Patrick’s plan. Even while issuing a series of vetoes, Patrick submitted a $269 million supplemental budget, which includes $70 million to restore healthcare coverage for 30,000 legal immigrants that the Legislature had cut.

“This is without question an austere - and in some respects, painful - budget,’’ Patrick said in a late-afternoon press conference held in his office. “It contains many unavoidable spending cuts and they, many of them, will have a painful impact.’’

In his vetoes, Patrick cut from a wide range of spending areas, including $25 million for senior care, $7.6 million for trial courts, and $250,000 for the State House park rangers.

He also sliced roughly 5 percent of the funding for children’s mental health services that were ordered under a federal class action lawsuit known as Rosie D. Those services were supposed to start rolling out today.

“The families have been anxiously awaiting these services and it’s incredibly disappointing that the governor is not maintaining his commitment,’’ said Lisa Lambert, executive director of the Parent Professional Advocacy League, which represents about 4,000 families.

Patrick’s budget also included $400,000 to restore funding for a Washington, D.C., office that critics have said is a waste of funding when Massachusetts has a 12-member Congressional delegation. The Legislature had eliminated all funding for the Washington office.

“While raising taxes on families by a billion dollars and cutting services to the needy, Governor Patrick is trying to waste money on a Washington office when he has a Congressional delegation full of Democrats,’’ said Tarah Donoghue, spokeswoman for the Massachusetts Republican Party.

Patrick had said he would agree to the vast bulk of the lawmakers’ spending and budget plan only after they agreed to a significant overhaul of the state’s ethics, pension, and transportation laws. Over the past two weeks, House and Senate lawmakers approved plans on each of those items, all but forcing the governor to sign onto their sales tax proposal.

A portion of the new tax revenue from the $1 billion in tax increases will prevent a previously planned toll increase on the Massachusetts Turnpike, and could help alleviate fare hikes for MBTA riders.

But Patrick continued to say yesterday that that approach may not provide enough money for a permanent fix to the state’s transportation problems, which include agencies in massive debt and crumbling roads and bridges. Patrick’s plan for a 19-cent-per-gallon increase would have raised about $500 million for transit, compared with an estimated $275 million in new sales tax revenue slated for transportation.

Patrick aides stressed that there was no current plan to push for a gas tax hike, but reiterated that the governor thinks there should be a long-term financing plan for the state’s transportation network. They would not specify what funding source that would be, or when they would push for it.

“The governor has been clear: He backed a dedicated revenue stream to support the state’s long-term transportation needs. We will have to revisit this challenge at some point down the road,’’ said Joe Landolfi, Patrick’s communications director. “He also said that it is a crummy time to ask people to pay more. And he is not pushing for a gas tax increase on top of today’s increase in the sales tax.’’

Kay Lazar of the Globe staff contributed to this report.


The Boston Herald
Tuesday, June 30, 2009

Deval Patrick acts on stars’ behalf
Gov reinstates 25% credit for actors’ salaries
By Edward Mason


Gov. Deval Patrick greenlighted the renewal of a controversial multimillion-dollar taxpayer-funded giveaway to Hollywood stars yesterday, even as he signed a $27.05 billion budget that squeezes the Bay State for another $860 million in new taxes.

The tax credit is meant as an incentive to draw filmmakers to Massachusetts. Amid the ongoing fiscal crisis, legislators wanted to cap star salaries that could count toward the credit at $2 million per actor, and the fiscal 2010 budget Patrick signed ratified that.

But yesterday, Patrick also signed a $51 million supplemental spending bill for this year that prevents the cap from becoming law.

“This is money for nothing,” said Rep. Steven D’Amico, a Seekonk Democrat and tax credit foe. “Mel Gibson doesn’t need our tax dollars.”

A Patrick spokeswoman did not comment on the issue.

One State House source estimated the revenue lost by not imposing the star cap at about $20 million a year.

Beacon Hill sources said Patrick was responding to complaints Hollywood honchos lodged with the state film office that the proposed cap on star salaries was a major rewrite of tax law.

Senate President Therese Murray, whose Plymouth district could be home to a new studio, also supported maintaining the full tax credit for movies.

The new state budget, which takes effect tomorrow, hikes the state sales tax by 25 percent to 6.25 percent, and allows cities and towns to raise meals and hotel taxes. That new revenue allows the Massachusetts Turnpike Authority to hold off a planned $100 million toll hike.

Patrick vetoed $147 million from the budget the Legislature sent him, including money for food assistance, senior health care, and kindergarten expansion grants.

Patrick also deepsixed a budget proposal to keep information about who receives state tax credits private. He had asked lawmakers to require the state disclose who receives them.


The Boston Globe
Tuesday, June 30, 2009

Firefighters on disability race to retire
Pension-upgrade rule disappears tomorrow
By Michael Levenson and Donovan Slack


Nearly 30 Boston firefighters with pending disability claims filed for retirement yesterday, just two days before a new state law ends a controversial benefit that allows them to significantly enhance their pensions if they claim career-ending injuries occurred while filling in for a superior at a higher pay grade.

Of the 29 who filed yesterday, 25 said they were filling in for a superior at the time of their injuries, according to city officials, which makes them eligible for a pension benefit at the higher salary scale. That perk, which can add hundreds of thousands of dollars over a retiree’s lifetime and cost taxpayers millions, will not be available to anyone filing after today.

“This is highly unusual,’’ said Kathleen Kiely-Becchetti, executive director of the Boston Retirement Board, of the number of firefighters who filed for retirement yesterday while their disability claims were still pending.

The race to file yesterday is the first obvious reaction to the sweeping pension law that was passed by the Legislature and signed by Governor Deval Patrick earlier this month. The claims filed by the firefighters yesterday - and an expected rash of new claims today - could cost Boston taxpayers millions in additional payouts at a time of major budget constraints, fire officials said.

Boston Fire Commissioner Roderick J. Fraser Jr. said firefighters are clearly taking advantage of the final days before the new clampdown on enhanced pensions goes into effect.

“The old system provided a financial incentive for people to file for accidental disability while they were filling in for supervisors,’’ he said. “This illustrates that fact.’’

Suspected disability retirement abuses and pension excesses have been a chronic problem at the Boston Fire Department, prompting an inquiry by the FBI.

A Globe review of city retirement and payroll records last year found that, over the prior six years, 102 Boston firefighters had substantially enhanced their tax-free disability pensions by claiming career-ending injuries while they were filling in for superiors at higher pay grades. Some firefighters have sought the enhanced benefit after filling in for a superior for just one day, leading critics to call it the “king-for-a-day’’ provision.

Boston retirement officials said that there are 68 firefighters with pending disability pension claims. Starting tomorrow, firefighters who file for disability pensions would see their retirement checks based on their average salary from the 12 months prior to their injury.

State fire union officials have been working hard to warn members about the new law, blasting e-mails and holding meetings with them, to make sure they understand that they will lose the opportunity to file for enhanced pension benefits if they do not file for retirement by today.

“It’s caused a lot of consternation with members . . . it’s complicated and they’re nervous,’’ said Robert B. McCarthy, president of the Professional Firefighters of Massachusetts. “They don’t want to hurt their families and their pensions.’’

Officials from Boston Firefighters Union Local 718, which represents the city’s firefighters, did not return calls.

Boston officials yesterday noted a short-term cost savings to the 11th-hour flurry of retirement applications by firefighters.

The 29 firefighters who applied for retirement yesterday had been out on injured leave, collecting 100 percent of their pay, tax-free, pending the approval of their disability claims. Now that they have filed for retirement, the firefighters will instead receive 80 percent of their salary in pension benefits, saving the city money while their disability claims are pending.

All firefighters who apply for disability benefits have to have their application approved by a panel of doctors and by Boston retirement officials.

Those whose disability claims are eventually approved will receive 72 percent of their salary tax-free for life. Those who were filling in for a supervisor and got their retirement application in before the new law takes effect tomorrow would receive a pension based on their supervisor’s salary.

Even before the new law takes effect, union officials have been lobbying leading lawmakers to roll back one of its key provisions.

McCarthy has already met with Senate President Therese Murray, Senate Ways and Means chairman Steven C. Panagiotakos, and a top House lawmaker to push for changes. McCarthy has proposed an amendment that would change the way firefighters’ pensions are calculated, opening the door for them to again receive benefits based on their superiors’ pay.

McCarthy argued that the new law unfairly punishes all injured firefighters, not just those who claim injury while filling in for superiors.

“I don’t think they intended to punish every firefighter who gets injured in the line of duty, and that’s what it does,’’ McCarthy said of the new law. “How am I going to tell my guys to fight a fire and risk their lives if they’re not going to be protected?’’

Boston officials strongly oppose McCarthy’s amendment, which they say would undermine the new law.

“People should not be fooled,’’ said Dot Joyce, a spokeswoman for Mayor Thomas M. Menino. “What the Legislature did in closing this loophole is not only appropriate, but in the best interests of the taxpayers.’’


The Boston Globe
Tuesday, June 30, 2009

Anticipating state revenue,
Pike board kills $100m toll increase
By Noah Bierman


After 18 months of threats, and three votes to raise tolls, the Massachusetts Turnpike Authority rescinded a controversial $100 million toll hike yesterday and will instead depend on money from a higher sales tax to cover its deficit.

Officials are hoping the infusion of cash buys commuters two or three years without a toll increase, but the law requires only that the state go without one for 12 more months.

“I think this will get us past the next several years, barring some unexpected circumstances,’’ said James A. Aloisi Jr., Governor Deval Patrick’s transportation secretary and chairman of the turnpike board.

The toll hike had been set to take effect tomorrow. It would have doubled rates at the harbor tunnels and increased them substantially at booths inside Greater Boston. The authority had begun printing new toll tickets, given the uncertainty surrounding the legislative budget process.

The sales tax increase - from 5 percent to 6.25 percent - dedicates $275 million to transportation. Of that, $160 million is reserved for the Massachusetts Bay Transportation Authority. While the money will reduce the size of public transit fare hikes, it will not eliminate them. Transportation officials have said they will release several options - within the next two weeks - aimed at reducing service and raising fares on the T by about 15 to 20 percent.

Aloisi said he wished there were as many strong voices protecting public transit riders as there were opposing toll increases and a higher gas tax.

Michael Kelleher, founder of StopThePikeHike.org, said his organization would not rest after today’s victory on the turnpike, vowing to launch an initiative to remove all tolls. A similar effort was struck down in 1998 by the state Supreme Judicial Court.

“We beat the toll increase today,’’ Kelleher said. “Within a year or two, we are definitely going to have another one.’’

If tolls are raised again, the Massachusetts Turnpike Authority will not be making the decision. Under a law signed by Patrick last week that made dramatic changes to the transportation system, the authority will officially disappear in November. Its $2 billion debt and maintenance responsibilities will be transferred to a new entity that will run almost every major road in the state.

Before that transfer, the Turnpike Authority is facing a more immediate financial problem. Because of a questionable investment made in 2001 and international problems in the credit markets, the authority could be forced to make a $268 million lump sum payment to Swiss financial giant UBS. Patrick administration officials are negotiating with UBS in hopes of avoiding the payment. Aloisi said the issue could wind up in court, but that “I am confident that we’re going to be OK at the end of the day.’’

In addition to eliminating the Turnpike Authority, the transportation bill signed by Patrick last week stripped the Massachusetts Port Authority of a lucrative asset - the Tobin Memorial Bridge. The toll bridge netted $18 million last year.

The change in oversight had an immediate negative impact on Massport yesterday, when Standard & Poor’s threatened to lower its credit rating.

Massport will remain largely independent under the new transportation law and remain in control of Logan International Airport and the seaport. Standard & Poor’s renewed the “AA-’’ rating on Massport’s $1.3 billion airport revenue bonds, but changed the future outlook on the bonds to “negative,’’ due in large part to the loss of the bridge.


The Boston Herald
Wednesday, July 1, 2009

A Boston Herald editorial
Gov fuels tax talk


Beginning next month Bay State taxpayers will be forced to cough up $1 billion a year in new taxes - on restaurant meals, hotel rooms, beer, wine, satellite TV subscriptions and every manner of consumer good.

And yet before the ink had even dried on the “austere” $27 billion state budget that delivered those very tax hikes to our doorstep, Gov. Deval Patrick was entertaining the possibility of, yep, another tax hike.

Asked during his budget-signing press conference on Monday whether the state would need to raise more taxes, specifically to address transportation needs, Patrick could have pounded the podium and said “no way.”

(It might have taken the sting out of those poll numbers that show him trailing Christy Mihos, and barely ahead of Harvard Pilgrim CEO Charlie Baker, in a possible 2010 matchup.)

Instead, the governor mewed that “that’s not where I want to be” and said the work of resolving transportation funding issues isn’t yet finished. Translation:

Definitely maybe.

And with that Patrick yanked his own grand bargain with the Legislature off the table, in a revenue bait and switch that we should have seen coming.

Because the gas tax, of course, was always Patrick’s first choice. He first proposed raising it by 19 cents per gallon. But when the Legislature wouldn’t play along, he agreed to the sales tax hike in exchange for ethics, pension and transportation reforms.

Still Patrick and his transportation secretary, James Aloisi, haven’t let go of their dream of paving the streets with gas tax gold. While Patrick was keeping that flame alive on Monday, Aloisi was mulling the possibility of a future toll hike. Funding from the sales tax hike should get the Pike through the next few years, Aloisi said, but that isn’t a guarantee.

What is clear is that Patrick has failed utterly in gauging the mood of taxpayers, who were already struggling to accept the idea of paying higher taxes on everything but their gasoline.


The Boston Herald
Tuesday, June 30, 2009

Alas, it’s only drizzling on taxpayers’ parade
By Michael Graham


I write today in defense of the proposition that the glass is not half-empty, it is half-full.

Of rainwater.

Over the weekend I attended a barbecue where, under normal circumstances, the weather would have been considered abysmal. The day was gray and overcast, darkened by the constant threat of rain. It was English weather - that dreary kind that affects the minds of British women, causing them to write Gothic novels or find Hugh Grant attractive.

And yet, my companions were oddly sunny about the lack of sun. “At least it’s not raining,” they chirped.

Like Sherlock Holmes’ dog that did not bark, this sunless summer has made us grateful for the rain that doesn’t fall.

Or, in case of Massachusetts, the tax that didn’t hike.

In most states, a governor who just signed a $1 billion tax hike would be looking for political cover. A budget with a 25 percent sales tax hike would be a legislative orphan elsewhere.

But in Massachusetts, taxpayers feel a palpable sense of relief. “We only got nailed with a sales tax?” locals ask in pleased surprise.

Welcome to Massachusetts, where taxpayers lined up before the Beacon Hill firing squad are just grateful they didn’t get shot twice.

Not that we are naive. We read the headlines about the Turpike Authority “rescinding” the planned $100 million toll hike thanks to the sales tax, and we know it’s a temporary reprieve. As long as Beacon Hill keeps spending - and they are - the clouds will gather and eventually we’re going to get soaked.

But it didn’t happen today.

Not only are we a year or so away from a toll hike, but that sales tax doesn’t go up until Aug. 1. That gives us a month to load up the liquor cabinet.

Ah, these truly are the salad days . . .

Some editorial pages are grousing about how little Beacon Hill has actually done. They point out, for example, that the so-called ethics bill still allows key work to go on behind closed doors and leaves enforcement largely to the Ethics Commission lapdogs.

Good government-types make the same complaints about transportation reform (new MassDOT letterhead, same old hack payroll) and pension reform (the toughest “reforms” are for employees they haven’t hired yet).

Are these complaints legit? Of course! A fiscal crisis and billion-dollar tax hike ought to buy some meaningful reforms. Or, to quote the old Deval Patrick, some “fundamental change in the way Beacon Hill does business.”

But this is Massachusetts, where taxpayers are regularly shoved down the legislative staircase. Many of us were prepared to see the sales tax or gas tax increased, or both, without even a token measure of reform.

Why it’s practically an Iranian-style revolution to see Beacon Hill pandering to us at all.

Thanks to a combination of one-party government and a largely liberal media, the Democratic autocracy that runs this state is free to rain on the taxpayers’ parade every day. Voters in other states might expect more but why should we?

For a few months, our taxes are going to be slightly less higher than expected. And, I predict, one day this week we’ll see the sun break.

In both instances, my advice is the same: It’s Massachusetts. Enjoy it while you can.


NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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