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CLT UPDATE
Tuesday, February 6, 2018

SJC takes up Grad Tax ballot question challenge today


Not so long ago, this commonwealth was universally known as “Taxachusetts.” It was not a term of affection....

Massachusetts has always had a flat income tax, meaning everybody gets taxed at the same rate. It used to be 6 percent, now it’s closer to 5 percent. In 1994, a coalition of pro-tax groups and public employee unions put a measure on the ballot to institute a graduated income tax, meaning people making different amounts of income are taxed at different rates. It received 28 percent of the vote. It was the fifth time the voters of the commonwealth had voted down a graduated income tax. The other times were 1962, 1968, 1972 and 1976.

In 2013 the Legislature passed a law “indexing” the state’s gas tax to the rate of inflation, so it would go up every year. The following year, voters repealed it.

Now the public employee unions are back, to take another swing at getting a graduated income tax. They understandably want there to be more state spending so there will be more state workers paying union dues.

They’ve put a measure on the ballot to introduce a graduated income tax, but this time they put lipstick on it. They say the proceeds from the graduated income tax will go to worthy causes. They start with transportation, and road and bridge repairs — potholes. Everyone hates potholes. But they knew that wasn’t enough of a sweetener, because the voters in 2014 rejected indexing the gas tax to increase transportation spending. So they added education. They needed to get 64,000 signatures to put their proposal on the ballot, and everyone loves education.

Under the Massachusetts Constitution, this is known as combining in a single initiative “what is popular with what is desired by selfish interests.” It is clearly unconstitutional....

Compared to these cases, potholes and education are about as “related” as a fish and a bicycle.

Respect for the law and the Constitution of Massachusetts requires that the pending taxing and spending directive be ruled out of order....

In short, if ballot proposals can determine taxing and spending priorities, neither the Legislature nor the governor will be able to fashion a budget taking into account all the needs of the people of the commonwealth.

Not exactly what John Adams had in mind when he drafted our constitution in 1781.

The Boston Herald
Monday, January 22, 2018
Tax-and-spend plan unconstitutional
Ballot measure would upend state budget process

By Bill Weld


The hacks at every level of government regard motorists the same way that McDonald’s regards cattle — whenever they get hungry, we’re dinner.

Amid the rush of other news — FBI scandals, coddling of illegal aliens, the Super Bowl, etc. — you’ve probably missed the most recent avalanche of assaults on America’s most oppressed majority, car owners.

Let’s take a look at what happened last week...

On Beacon Hill, the Legislature last week held a hearing on 97 different transportation bills, all of which would soak the Massachusetts motorist even more — including one that would charge residents for every mile they travel....

Finally, we arrive at the State House, where for the second time in three months the hacks are considering legislation to impose yet more tolls on state roads. That bill is S. 1987, and as Chip Faulkner of Citizens for Limited Taxation said, “It’s like Groundhog Day,” the way the General Court keeps trying to mug motorists.

The solons last week also took up another bill that keeps reappearing like a bad penny — this year it’s called H. 1828, which would establish a Pabst-blue-ribbon commission to study “a user fee that is based on the number of miles traveled on roads in this state by motor vehicles.”

Gee, I wonder what this “task force” of extinguished payroll patriots will recommend. What a great idea, letting the very ethical scandal-free commonwealth of Massachusetts track every driver’s movements. What could possibly go wrong? But not to worry — this 1984-style shakedown includes provisions to “ensure drivers’ privacy.”

Of course it does. Wink wink, nudge nudge.

But dammit, the hacks need more money for our “crumbling infrastructure.” It’s not enough what they already grab — sales tax on car sales, municipal excise taxes, fees to the Registry for registration and drivers’ licenses, inspection fees, tolls, gas taxes (up three cents per gallon in 2013) etc., etc.

The Reason Foundation compiles an annual Highway Report on road costs in all 50 states. These numbers are truly astonishing, not to mention appalling....

Faulkner from the CLT read off these numbers (again) to the Legislature’s Transportation Committee at the hearing last week.

“The most irritating aspect of these revelations,” he said, was that “the committee didn’t appear to be disturbed by these statistics whatsoever, or even interested.”

These particular highway robberies won’t go anywhere — not immediately, anyway. You see, this year the hacks on the hill have their eyes on an even bigger heist — the referendum to almost double the state income tax, but only on “millionaires.” This attempt to rob the taxpayers (all of whom will, in short order, be defined as “millionaires”) has been rejected at the ballot box five different times in the past 50 years.

But now the hackerama has concluded that the electorate has been sufficiently dumbed down to vote to beggar themselves for the benefit of the nonworking classes.

This is why the hacks feel no need to even defend themselves and their current depredations, let alone this long-dreamed-of Crime of the Century, the graduated income tax. They think we’re too stupid to figure out what’s going on, that the average voter is so dumb that all he cares about is the Super Bowl.

The sad thing is, the hacks may be right.

The Boston Herald
Sunday, January 28, 2018
Legislative lugheads dip into our pockets...again
By Howie Carr


The Revenue Committee on Wednesday received input from municipal, labor and transportation group representatives who want to keep the sales tax where it is, and spokespeople for retailers and small businesses who support lowering the tax from 6.25 percent to 5 percent and instituting an annual sales tax holiday.

If lawmakers don't pass the initiative petition proposal by May 1, proponents could collect about 11,000 signatures to place the measure (H 4114) on the November ballot. While millions might weigh in on the idea in voting booths later this year, Wednesday's hearing was relatively sparsely attended, wrapping up testimony on the bill in about 30 minutes.

After the hearing, Retailers Association of Massachusetts President Jon Hurst, who spearheaded the citizens' initiative, said the decision about whether to put the measure on the ballot could depend on whether a separate tax question is cleared for consideration by voters.

The Supreme Judicial Court on Tuesday will hear a case challenging the constitutionality of a proposed constitutional amendment to add a 4 percent surtax on incomes over $1 million – which is projected to generate roughly $2 billion for transportation and education priorities.

"I think a key question will be whether or not the SJC knocks off that 4 percent income tax surcharge. If they don't knock it off, I don't see much of a path for us to take this off the ballot because this gives voters a once-in-a-generation opportunity for passing a progressive tax reform, combined," Hurst told the News Service. The sales tax disproportionately hits seniors on fixed incomes and low-income families, Hurst said.

The proposed sales tax cut would cause the state to forego about $1.3 billion in annual revenues, according to the Massachusetts Taxpayers Foundation and others....

While the economy as a whole is in the midst of a years-long upswing, the brick-and-mortar retailers have been left behind, according to Hurst.

"It was the wrong increase at the wrong time and it has been extremely devastating to stores across the state and it has led to dark storefronts, and it's going to lead to more unless we fix this sales tax problem," Hurst told the News Service.

State House News Service
Wednesday, January 31, 2017
SJC decision may dictate fate of sales tax cut, Hurst says


It’s up, up and away from the Massachusetts State House....

Under state law, legislators cannot accept gifts worth $50 or more, but free trips worth tens of thousands of dollars are no problem if the lawmakers file disclosure reports and explain how each trip "serves a legitimate public purpose."

Chip Faulkner of Citizens for Limited Taxation isn't buying it. “This could be characterized as influence peddling,” he said.

From Miami Beach to Saint Thomas and Switzerland to Taiwan, we found legislators flying across the country and across the globe.

Many of the hotels where they stayed were top notch, from Le Meridien in Vienna to the Ritz Carlton in Puerto Rico.

“There's never a Hoboken, New Jersey,” Faulkner said. “It's always these lush, great destinations they're going to.” ...

5 Investigates also asked the lawmaker if these trips are all work and no play.

“No, you always play,” Rodrigues said. “You have to have fun.”

Some of the lawmakers 5 Investigates contacted were willing to go on camera and talk about why they take these trips.

But one senator -- the top traveling lawmaker in Massachusetts -– was camera-shy.

Sen. Marc Pacheco has taken 28 trips since 2014. When we asked to sit down and talk on-camera, his communications director sent us an email which said Pacheco “is proud of the work" related to his "appointments (on committees) and Senate responsibilities."

When 5 Investigates showed up at a State House hearing he was attending, Pacheco exited quickly through a back door that our cameraman was blocked from using.

WCVB-TV5
Thursday, February 1, 2018
State legislators take hundreds of free trips to vacation hot spots
Some question how lawmaker travel paid for by private groups benefits Massachusetts

By Mike Beaudet | 5 Investigates Reporter


Opponents of a so-called "millionaire tax" are banking on the state's highest court to stop the issue from going before Massachusetts voters in November.

The Supreme Judicial Court is scheduled on Tuesday to hear arguments on the legal challenge which, if successful, would likely derail supporters' hopes of raising nearly $2 billion for improvements in public education and transportation....

Central to the debate is Article 48 of the constitution, which among other things prohibits ballot questions from making specific state appropriations, or from combining unrelated topics into a single question.

Earmarking revenues from the tax specifically for education and transportation handcuffs legislative discretion on how to spend tax dollars, the lawsuit contends.

"Allowing this initiative on the ballot would undermine the Legislature's authority with respect to spending and taxes in one fell swoop, setting the stage of public finances to be determined not in the deliberative legislative process, but in the free-for-all of special interest-fueled initiative petitions," the business groups argued in a brief filed with the SJC....

Associated Press
Sunday, February 4, 2018
High court to hear challenge to 'millionaire tax' question


Committees supporting and opposing questions on the November ballot have already raised more than $2.4 million.

By far, the most money pouring into the questions have come from labor unions including the Massachusetts Nurses Association, which backs a proposal calling for strict nurse-to-patient ratios in hospitals.

The Service Employees International Union and other labor unions are backing a handful of questions, including one that would gradually raise the state's minimum wage to $15 an hour and another that would help guarantee paid family and medical leave for workers.

A group supporting a question that would lower the sales tax from 6.25 percent to 5 percent and create an annual sales-tax free weekend also reported raising a hefty sum.

Nearly all of that money came from the Retailers Association of Massachusetts.

Associated Press
Saturday, February 3, 2018
Ballot question committees raised $2.4M heading into 2018


The waves of above-benchmark state tax collections are still crashing into the new year.

After sluggish revenue growth the last two fiscal years, receipts over the first six months of fiscal 2018 were running $728 million over benchmark at the end of December, spurring Gov. Charlie Baker to lift his controversial hold on spending earmarks sprinkled into the budget by the Legislature.

In a mid-January letter to lawmakers, Revenue Commissioner Christopher Harding disclosed that total tax collections for the month-to-date period were $1.507 billion, up $392 million or 35.1 percent compared to the same period last year.

State House News Service
Thursday, February 1, 2018
State tax windfall continued in early January


Tax collections of $2.79 billion in January pushed the state's cash cushion to $810 million after seven months of the fiscal year as revenues continue to give budget writers hope that they can avoid the third straight mid-year downturn that have forced spending adjustments.

The Department of Revenue announced Monday that the state's January tax haul exceeded revised benchmarks by $158 million, or 5.6 percent, and growth this January over last January clocked in at 9.3 percent....

State House News Service
Monday, February 5, 2018
January tax collections exceed state estimate by $158M


Chip Ford's CLT Commentary

We've been busy here at CLT representing taxpayers' interests.  Not only do I continue the 14-16 hours a day, seven days a week schedule I've worked since Barbara passed away, but we've been running in all directions keeping up with affronts to and assaults on taxpayers.  Just in the past two weeks:

Jan. 24 CLT testified before the Transportation Committee against tolls expansion/miles driven tax
Jan. 28 CLT's testimony was highlighted in Howie Carr's column
Jan. 31 CLT testified before the Revenue Committee supporting the sales tax ballot question
Feb. 1 CLT interviewed by WCVB TV-5/ 5 Investigates on Beacon HIll pols' travel junkets
Feb. 2 CLT interviewed on WBSM (New Bedford) talk-radio show with Barry Richard
Feb. 3 CLT interviewed on WCRN (Worcester) talk-radio show with Joe Mangiacotti

Today the state Supreme Judicial Court is hearing oral arguments on whether or not the latest resurrection of a graduated income tax constitutional amendment (aka. the "Fair Share Amendment," or "Millionaire's Tax") will be allowed to appear on the November ballot, or if the ballot question itself is unconstitutional.  All eyes are watching and waiting for the highest court's decision, which likely will be delivered in the next month or two.

Meanwhile, once again it's being proven that Massachusetts does not have a revenue problem it has an insatiable spending addiction.  "Tax collections of $2.79 billion in January pushed the state's cash cushion to $810 million after seven months of the fiscal year."  Five months remain in the fiscal year and already the state has collected over $800 million more than even its "revised" estimates.

There's a lot to catch up with in this update and we want to keep you informed.  The news reports and columns are self-explanatory, so I'll keep my commentary short and move on with my next project.  I'll leave you with this display of Beacon Hill arrogance:

State House News Service, Friday, February 2, 2018 — Weekly Roundup:

QUOTE OF THE WEEK: "I can tell you the overwhelming majority of incumbent legislators are going to be re-elected in 2018, most of them without opposition, even if they vote to put a price on carbon. The only existential threat to elected officials is modest in a few purple districts. We want to be respectful of those threats, but they don't apply to most of us who aren't even going to have opponents." - Sen. Michael Barrett, on why lawmakers should not fear a vote on carbon pricing.

Senator Barrett, change that to "even if they voted for their obscene pay grab" and see how that works!  Think they might fear that vote?  We'll see in November!

Chip Ford
Executive Director


 
The Boston Herald
Monday, January 22, 2018
Tax-and-spend plan unconstitutional
Ballot measure would upend state budget process
By Bill Weld


Not so long ago, this commonwealth was universally known as “Taxachusetts.” It was not a term of affection.

The state’s unemployment rate was about 10 percent — the highest of all the 11 industrial states. The secretary of Administration and Finance publicly stated that Massachusetts was “bankrupt.”

In many cities and towns, every third storefront was boarded up. On streets near the state borders, there was a “for sale” sign on virtually every other house.

The year was 1990, the year that Paul Cellucci and I were narrowly elected as governor and lieutenant governor.

The first thing we did was to repeal a recently enacted sales tax on services. During my two terms, we cut taxes 20 more times, and never raised them.

By the end of our first term, the state’s unemployment rate was 4 percent — the lowest among the 11 industrial states.

Massachusetts has always had a flat income tax, meaning everybody gets taxed at the same rate. It used to be 6 percent, now it’s closer to 5 percent. In 1994, a coalition of pro-tax groups and public employee unions put a measure on the ballot to institute a graduated income tax, meaning people making different amounts of income are taxed at different rates. It received 28 percent of the vote. It was the fifth time the voters of the commonwealth had voted down a graduated income tax. The other times were 1962, 1968, 1972 and 1976.

In 2013 the Legislature passed a law “indexing” the state’s gas tax to the rate of inflation, so it would go up every year. The following year, voters repealed it.

Now the public employee unions are back, to take another swing at getting a graduated income tax. They understandably want there to be more state spending so there will be more state workers paying union dues.

They’ve put a measure on the ballot to introduce a graduated income tax, but this time they put lipstick on it. They say the proceeds from the graduated income tax will go to worthy causes. They start with transportation, and road and bridge repairs — potholes. Everyone hates potholes. But they knew that wasn’t enough of a sweetener, because the voters in 2014 rejected indexing the gas tax to increase transportation spending. So they added education. They needed to get 64,000 signatures to put their proposal on the ballot, and everyone loves education.

Under the Massachusetts Constitution, this is known as combining in a single initiative “what is popular with what is desired by selfish interests.” It is clearly unconstitutional.

Article 48 of our Constitution requires that all of an initiative petition’s components must be “mutually dependent” or concern “related” subjects.

The Supreme Judicial Court, a great court on which I had the honor to once serve as a law clerk, has held that in the context of an initiative petition, ending the use of Common Core standards in public education and requiring the publication of state comprehensive assessment exams — same purpose, same field, and both included in the 1993 Massachusetts Education Reform Act — are insufficiently “related.”

The SJC has also held that shutting down the pari-mutuel dog racing industry and tightening penalties for animal abuse — same dog-friendly purpose, same field — are insufficiently “related.”

Compared to these cases, potholes and education are about as “related” as a fish and a bicycle.

Respect for the law and the Constitution of Massachusetts requires that the pending taxing and spending directive be ruled out of order.

In California, where ballot measures commonly decide many major issues of public policy, the California Teachers Association exercises a decisive influence over state government. There, as here, campaign finance laws impose no limits on spending to advance ballot proposals. The teachers association, over the determined opposition of a liberal Democratic governor, passed a ballot measure requiring that 40 percent of all state spending go to education (Article 98). That would wreak havoc here, where education and transportation combined account for 20 percent of state spending.

In short, if ballot proposals can determine taxing and spending priorities, neither the Legislature nor the governor will be able to fashion a budget taking into account all the needs of the people of the commonwealth.

Not exactly what John Adams had in mind when he drafted our constitution in 1781.

Bill Weld served as governor of Massachusetts from 1991 to 1997.
 

The Boston Herald
Sunday, January 28, 2018
Legislative lugheads dip into our pockets...again
By Howie Carr


The hacks at every level of government regard motorists the same way that McDonald’s regards cattle — whenever they get hungry, we’re dinner.

Amid the rush of other news — FBI scandals, coddling of illegal aliens, the Super Bowl, etc. — you’ve probably missed the most recent avalanche of assaults on America’s most oppressed majority, car owners.

Let’s take a look at what happened last week:

The U.S. Chamber of Commerce is demanding that Congress raise the federal gas tax by 25 cents per gallon to raise $375 billion for pointless road-construction projects that never end, and only make traffic more congested, not less.

The city of Boston is considering charging for neighborhood parking permits that would allow residents to park in spaces that even City Hall concedes don’t exist.

On Beacon Hill, the Legislature last week held a hearing on 97 different transportation bills, all of which would soak the Massachusetts motorist even more — including one that would charge residents for every mile they travel.

Let’s start with the proposed hike in the federal gas tax, because it’s a good example of how these plundering schemes work.

Right now, the economy is on fire. So the Chamber’s argument is this is the right time to soak the people because, finally, after eight years of Obama-era malaise, they finally have a few bucks in their pockets ... so they won’t even notice when we pick their pockets!

Conversely, when the economy is a tailspin — as it was under Obama — the hacks argue that’s the perfect time to raise taxes. They’ll tell you it’s because revenues are down because everyone’s too broke to travel or ship goods and that more gas-tax revenue translates to a “stimulus” for the moribund economy by giving money to road contractors, i.e., Chamber of Commerce types and the hack trade unions, i.e., Democrat voters.

To sum up: It’s always the perfect moment to raise gas taxes.

Next, the crackpot proposal to charge for resident parking stickers in the city of Boston. Here’s all you need to know: in the North End, there are 4,000 parking permits, and 1,600 parking spaces. That undisputed statistic leads me to believe that the current charge for a permit — zero — accurately reflects the worth of said permit, which is nothing. End of argument.

Finally, we arrive at the State House, where for the second time in three months the hacks are considering legislation to impose yet more tolls on state roads. That bill is S. 1987, and as Chip Faulkner of Citizens for Limited Taxation said, “It’s like Groundhog Day,” the way the General Court keeps trying to mug motorists.

The solons last week also took up another bill that keeps reappearing like a bad penny — this year it’s called H. 1828, which would establish a Pabst-blue-ribbon commission to study “a user fee that is based on the number of miles traveled on roads in this state by motor vehicles.”

Gee, I wonder what this “task force” of extinguished payroll patriots will recommend. What a great idea, letting the very ethical scandal-free commonwealth of Massachusetts track every driver’s movements. What could possibly go wrong? But not to worry — this 1984-style shakedown includes provisions to “ensure drivers’ privacy.”

Of course it does. Wink wink, nudge nudge.

But dammit, the hacks need more money for our “crumbling infrastructure.” It’s not enough what they already grab — sales tax on car sales, municipal excise taxes, fees to the Registry for registration and drivers’ licenses, inspection fees, tolls, gas taxes (up three cents per gallon in 2013) etc., etc.

The Reason Foundation compiles an annual Highway Report on road costs in all 50 states. These numbers are truly astonishing, not to mention appalling.

For maintenance disbursements, the national average is $25,996 per mile. In Massachusetts, the hacks spend $78,313 per mile.

Then there’s the cost of “administration” — the hackerama, in other words. Nationally, the average hack cost is $10,051 per mile. In Massachusetts it’s $74,924.

Faulkner from the CLT read off these numbers (again) to the Legislature’s Transportation Committee at the hearing last week.

“The most irritating aspect of these revelations,” he said, was that “the committee didn’t appear to be disturbed by these statistics whatsoever, or even interested.”

These particular highway robberies won’t go anywhere — not immediately, anyway. You see, this year the hacks on the hill have their eyes on an even bigger heist — the referendum to almost double the state income tax, but only on “millionaires.” This attempt to rob the taxpayers (all of whom will, in short order, be defined as “millionaires”) has been rejected at the ballot box five different times in the past 50 years.

But now the hackerama has concluded that the electorate has been sufficiently dumbed down to vote to beggar themselves for the benefit of the nonworking classes.

This is why the hacks feel no need to even defend themselves and their current depredations, let alone this long-dreamed-of Crime of the Century, the graduated income tax. They think we’re too stupid to figure out what’s going on, that the average voter is so dumb that all he cares about is the Super Bowl.

The sad thing is, the hacks may be right.

Order Howie’s new book, Kennedy Babylon, at howiecarr show.com.


State House News Service
Wednesday, January 31, 2017
SJC decision may dictate fate of sales tax cut, Hurst says
By Andy Metzger

Nearly nine years after lawmakers hiked the sales tax in the teeth of the Great Recession, the state "simply cannot afford" to bring the tax on purchases back down to 5 percent, a lobbyist for the umbrella labor group AFL-CIO told lawmakers on Wednesday.

The Revenue Committee on Wednesday received input from municipal, labor and transportation group representatives who want to keep the sales tax where it is, and spokespeople for retailers and small businesses who support lowering the tax from 6.25 percent to 5 percent and instituting an annual sales tax holiday.

If lawmakers don't pass the initiative petition proposal by May 1, proponents could collect about 11,000 signatures to place the measure (H 4114) on the November ballot. While millions might weigh in on the idea in voting booths later this year, Wednesday's hearing was relatively sparsely attended, wrapping up testimony on the bill in about 30 minutes.

After the hearing, Retailers Association of Massachusetts President Jon Hurst, who spearheaded the citizens' initiative, said the decision about whether to put the measure on the ballot could depend on whether a separate tax question is cleared for consideration by voters.

The Supreme Judicial Court on Tuesday will hear a case challenging the constitutionality of a proposed constitutional amendment to add a 4 percent surtax on incomes over $1 million – which is projected to generate roughly $2 billion for transportation and education priorities.

"I think a key question will be whether or not the SJC knocks off that 4 percent income tax surcharge. If they don't knock it off, I don't see much of a path for us to take this off the ballot because this gives voters a once-in-a-generation opportunity for passing a progressive tax reform, combined," Hurst told the News Service. The sales tax disproportionately hits seniors on fixed incomes and low-income families, Hurst said.

The proposed sales tax cut would cause the state to forego about $1.3 billion in annual revenues, according to the Massachusetts Taxpayers Foundation and others.

The retailers have a May 9 board meeting when the group will decide whether to forge ahead towards the ballot with the sales-tax-cutting proposal, and the group has not taken a position on the income surtax, Hurst said. The high court generally aims to decide cases within 130 days of oral argument, meaning a decision in the income surtax challenge might not be issued until mid-June.

John Drinkwater, legislative director for AFL-CIO of Massachusetts, said the state can't afford to lose out on sales tax revenue, and claimed "despite a lot of the doom and gloom" from the retail industry, employment in the sector has increased each year since 2010.

Those rising employment figures include restaurant workers as well as staff that help deliver online purchases to consumers, according to Hurst.

In the depths of the financial crisis in 2009, House Speaker Robert DeLeo pushed through an increase in the sales tax to help shore up cratering state revenues. Since then the Winthrop Democrat has mostly held the line on broad-based tax increases, though he did support a 3-cent-per-gallon hike in the gas tax and a $1-per-pack hike on the cigarette tax in 2013.

While the economy as a whole is in the midst of a years-long upswing, the brick-and-mortar retailers have been left behind, according to Hurst.

"It was the wrong increase at the wrong time and it has been extremely devastating to stores across the state and it has led to dark storefronts, and it's going to lead to more unless we fix this sales tax problem," Hurst told the News Service.

While state tax revenues have outperformed expectations in recent months, annual tax hauls have come up short in prior years, leading to midyear cuts.

Bringing the sales tax back down to 5 percent would lead to spending cuts of 6 to 7 percent that would "hit every community," claimed Chris Dempsey, director of Transportation for Massachusetts.

The Massachusetts Municipal Association also opposes the sales tax cut, said the organization's legislative director John Robertson, who warned it would harm local aid.

Lowering the sales tax has been a policy aim of prominent pols from both parties in recent years.

Former Gov. Deval Patrick proposed scaling the sales tax down to 4.5 percent, eliminating tax breaks and hiking the income tax while also doubling the income tax exemption as part of a package to increase revenues by $2 billion. That proposal went nowhere in the Legislature.

Gov. Charlie Baker in 2010 ran unsuccessfully on a platform pledging to reduce the sales, income and business taxes to 5 percent, but he backed off from that tax-cutting stance before winning the Corner Office in 2014.

"We hope to have a conversation with Governor Baker and tell him why this is important," Hurst told the News Service on Wednesday. He said, "I think he gets that there's a problem."


WCVB-TV5
Thursday, February 1, 2018
State legislators take hundreds of free trips to vacation hot spots
Some question how lawmaker travel paid for by private groups benefits Massachusetts
By Mike Beaudet | 5 Investigates Reporter


BOSTON — It’s up, up and away from the Massachusetts State House.

5 Investigates and Northeastern University School of Journalism reviewed hundreds of free trips for state lawmakers over the past five years not paid for by the state, but by private organizations and foreign governments.

Under state law, legislators cannot accept gifts worth $50 or more, but free trips worth tens of thousands of dollars are no problem if the lawmakers file disclosure reports and explain how each trip "serves a legitimate public purpose."

Chip Faulkner of Citizens for Limited Taxation isn't buying it. “This could be characterized as influence peddling,” he said.

From Miami Beach to Saint Thomas and Switzerland to Taiwan, we found legislators flying across the country and across the globe.

Many of the hotels where they stayed were top notch, from Le Meridien in Vienna to the Ritz Carlton in Puerto Rico.

“There's never a Hoboken, New Jersey,” Faulkner said. “It's always these lush, great destinations they're going to.”

One of the top destinations for the lawmakers was Portugal and the Azores. Many of those trips were paid for by the Luso American Foundation, a group in Portugal that promotes that country’s relations with the United States.

Rep. Antonio Cabral took 11 trips to Portugal and the Azores since 2012. In his disclosure reports on file in the House Clerk’s office, he wrote that the purpose of that travel was to promote travel and investment in Massachusetts.

5 Investigates asked Cabral how the state has benefitted from those trips.

“Some of those trips are related to an ongoing dialogue, a Luso American legislators dialogue,” Cabral said. “We have, for example, the University of Massachusetts Dartmouth has benefitted in the millions of support from” the Luso American Foundation.

Sen. Michael Rodrigues is another frequent flyer. He has taken took four free trips to Portugal and one to the Azores since 2015.

5 Investigates asked Rodrigues to identify any Portuguese businesses that have come to Massachusetts because of the relationships he has forged in that country.

“There are a number,” Rodrigues said. “There's a partnership called MIT-Portugal. There are a number of… spin-off companies that are working on either drug or process development or regulatory issues.”

5 Investigates also asked the lawmaker if these trips are all work and no play.

“No, you always play,” Rodrigues said. “You have to have fun.”

Some of the lawmakers 5 Investigates contacted were willing to go on camera and talk about why they take these trips.

But one senator -- the top traveling lawmaker in Massachusetts -– was camera-shy.

Sen. Marc Pacheco has taken 28 trips since 2014. When we asked to sit down and talk on-camera, his communications director sent us an email which said Pacheco “is proud of the work" related to his "appointments (on committees) and Senate responsibilities."

When 5 Investigates showed up at a State House hearing he was attending, Pacheco exited quickly through a back door that our cameraman was blocked from using.

“Transparency is really important,” said Pam Wilmot, head of the good government group, Common Cause Massachusetts.

Wilmot said the lawmaker travel financed by private entities raises concerns about potential conflicts of interest.

For example, groups of legislators take trips to Israel every year paid for by the Jewish Community Relations Council of Greater Boston, which is pushing for passage of a pro-Israel bill in the legislature.

5 Investigates asked Wilmot if that raises a red flag.

“Frankly, it should be a different organization paying for that travel, because it's trying to promote some legislation that pertains to (Israel’s) interest,” Wilmot said.

The Jewish Community Relations Council of Greater Boston denied it uses the Israel trips to influence lawmakers.

Wilmot said it should be against the law for groups with pending legislation to pay for legislators’ trips.

Reporting for this investigation was done as part of a seminar on investigative reporting taught by 5 Investigates' Mike Beaudet, who is also a journalism professor at Northeastern University. The following students participated in the project: Zach Ben-Amots, Danae Bucci, Tong Chen, Joseph Cusack, Jess DeWitt, Jiyi Liu, Melissa McNickles, Sheldia Papa, and Calli Remillard.

Travel Disclosure Forms


Associated Press
Sunday, February 4, 2018
High court to hear challenge to 'millionaire tax' question

Opponents of a so-called "millionaire tax" are banking on the state's highest court to stop the issue from going before Massachusetts voters in November.

The Supreme Judicial Court is scheduled on Tuesday to hear arguments on the legal challenge which, if successful, would likely derail supporters' hopes of raising nearly $2 billion for improvements in public education and transportation.

The constitutional amendment would impose a surtax of 4 percent on any portion of an individual's annual income that exceeds $1 million.

The justices are not being asked to decide on the merits of the proposal, but instead whether it runs afoul of restrictions the state constitution places on the scope of ballot initiatives.

"It is not about whether creating a new graduated income tax is good public policy or bad public policy," said Christopher Anderson, president of the Massachusetts High Technology Council.

The Massachusetts Taxpayers Foundation, Associated Industries of Massachusetts, the Massachusetts Competitive Partnership and the state chapter of National Federation of Independent Business also joined in the suit challenging Democratic Attorney General Maura Healey's 2015 ruling that certified the initiative petition.

Raise Up Massachusetts, a coalition of community groups and unions that collected more than 150,000 signatures in support of what it calls the Fair Share Amendment, said it was confident the lawsuit will fail.

Central to the debate is Article 48 of the constitution, which among other things prohibits ballot questions from making specific state appropriations, or from combining unrelated topics into a single question.

Earmarking revenues from the tax specifically for education and transportation handcuffs legislative discretion on how to spend tax dollars, the lawsuit contends.

"Allowing this initiative on the ballot would undermine the Legislature's authority with respect to spending and taxes in one fell swoop, setting the stage of public finances to be determined not in the deliberative legislative process, but in the free-for-all of special interest-fueled initiative petitions," the business groups argued in a brief filed with the SJC.

But while the proposal does state that proceeds from the 4 percent surcharge should go "only" toward education and transportation, it also adds "subject to appropriation," three key words that would appear to give legislators at least some flexibility on how to spend any future money.

"Because that direction is expressly subject to legislative appropriation, the proposed amendment would not remove the decision how to spend the surtax revenue from the discretion of the Legislature," Healey and Secretary of State William Galvin argued in a separate brief to the court.

The state officials and supporters of the millionaire tax also dispute the plaintiffs' contention that the tax, and the funding for education and transportation, amount to unrelated provisions.

"To the contrary, no petition this simple and straightforward has ever been rejected on relatedness grounds," argues a brief filed by the 10 citizens who filed the original petition.

Some voters might want to tax millionaires but spend the money on other priorities, while others might support increased spending on education and transportation, but not the tax, the business groups contend.

Marc Perlin, a professor at Suffolk University Law School, said it was impossible to predict how the high court might come down. But as the ballot question would involve a change in the constitution — a far lengthier and more arduous task than simply changing a state law — he expects the justices to pay particularly close attention to the arguments.

"Amending the constitution is a momentous event," said Perlin.


State House News Service
Thursday, February 1, 2018
State tax windfall continued in early January
By Michael P. Norton

The waves of above-benchmark state tax collections are still crashing into the new year.

After sluggish revenue growth the last two fiscal years, receipts over the first six months of fiscal 2018 were running $728 million over benchmark at the end of December, spurring Gov. Charlie Baker to lift his controversial hold on spending earmarks sprinkled into the budget by the Legislature.

In a mid-January letter to lawmakers, Revenue Commissioner Christopher Harding disclosed that total tax collections for the month-to-date period were $1.507 billion, up $392 million or 35.1 percent compared to the same period last year....

The Department of Revenue collected more than $3 billion in taxes in December, exceeding projections by $527 million, or 21.2 percent, and beating last year's mark by $517 million. At the six-month milestone, fiscal 2018 receipts stood at $12.9 billion, 6 percent above the benchmark and 8.1 percent, or $966 million, higher than the first half of fiscal 2017.

State officials are scheduled to disclose collection amounts for the full month of January next week. According to the DOR, January has contributed an average of 10 percent of total annual revenues, ranking number three among the twelve months for share of collections.


State House News Service
Monday, February 5, 2018
January tax collections exceed state estimate by $158M
By Matt Murphy


Tax collections of $2.79 billion in January pushed the state's cash cushion to $810 million after seven months of the fiscal year as revenues continue to give budget writers hope that they can avoid the third straight mid-year downturn that have forced spending adjustments.

The Department of Revenue announced Monday that the state's January tax haul exceeded revised benchmarks by $158 million, or 5.6 percent, and growth this January over last January clocked in at 9.3 percent.

"Virtually all of the above benchmark performance in January collections came in estimated payments, most of which were received in the first few deposit days of the month," DOR Commissioner Christopher Harding said. "The strength in this category is a continuation from December and is consistent with trends we have observed in other states."

Harding repeated his warning from December that higher-than-anticipated tax collections so far this fiscal year may eventually begin to level off. "We believe that the strong overall year-to-date collections, notably the December and January estimated payments, may be borrowed from future months and therefore estimated payment collections are likely to regress closer to benchmark through the end of the fiscal year," he said.

Income tax collections in January beat benchmarks by $181 million, while withholdings came in $64 million under benchmark and sales taxes missed the state's target by $16 million and were up only a half a percentage point from last January.

Corporate and business taxes also fell $17 million short of projections, and were 23.6 percent below last year's level for the month.

 

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