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CLT UPDATE
Wednesday, May 29, 2019

Catching up: The Senate budget


The Massachusetts Senate passed a roughly $42.8 billion budget for fiscal year 2020 on Thursday night, leaving a little more than five weeks for negotiations between the House and Senate ahead of the July 1 start of the fiscal year.

The Senate voted 40-0 around 10:30 p.m. Thursday to adopt the spending plan, which was amended over the course of three days of debate in the Senate Chamber. In total, senators tacked about $74.4 million in additional spending onto the fiscal 2020 budget that the Ways and Means Committee proposed, the committee said....

The Senate this week backed a sizeable increase for a state grant program that helps religious and nonprofit facilities "at risk of terrorism and violent threat" improve their security, bolstered funding for regional school transportation reimbursements, added funding for civics education, and authorized an increase in some Registry of Deeds fees to boost funding available through the Community Preservation Act.

Many of the highest-profile budget amendments received attention but no actual vote when the Senate began its week of debate Tuesday. Amendments that would have brought in significant new revenues by increasing corporate tax rates were withdrawn after remarks by their sponsors...

The House last month authorized $42.7 billion in spending for fiscal year 2020, including significant new investments in elementary and secondary education, while avoiding any major tax increases....

The next fiscal year starts on July 1, but the Legislature has in recent years missed that deadline for having a new budget in place and instead has resorted to passing a spending plan sufficient to meet the state's needs for about a month to buy themselves more time to agree on a compromise budget. Massachusetts was the last state to adopt a fiscal year 2019 budget.

State House News Service
Thursday, May 23, 2019
After adding $74.4 Mil, Senate adopts FY20 budget


Gone are the days of packing the budget with dozens of outside sections to advance policy that had been bottled up in committee or just needed a faster ride to the governor's desk, or a dead end in the House.

Senate President Karen Spilka and new Ways and Means Chairman Michael Rodrigues effectively put a chokehold on the policy pipeline, convincing colleagues, from the revenue crusaders to the public health pushers, to wait.

Everyone, it seemed, got committee religion.

For instance, Sen. Jamie Eldridge held off on forcing a vote on a corporate tax increase to defer to Sen. Adam Hinds' tax code working group. And Sen. John Keenan gave an impassioned speech on why flavored tobacco should be banned, only to withdraw his amendment because, he said, Ways and Means was trying to keep the budget policy free.

It wasn't policy free, though.

There are new taxes on opioid manufacturers and e-cigarettes, tough drug pricing controls for MassHealth and a tuition and fee freeze on the University of Massachusetts campuses. . . .

State House News Service
Friday, May 24, 2019
Weekly Roundup - Quality Control


The next stop for the state budget, which looks like it will approach $42.8 billion, is a six-member panel that will likely hold private talks where some of the biggest spending decisions of each year will be made. While there are differences between the branches, there's a lot in common between the two budgets and lawmakers are on pace, based on past patterns, to deliver an on-time budget by the July 1 deadline.

State House News Service
Friday, May 24, 2019
Advances - Week of May 26, 2019


The $1 billion GreenWorks plan outlined in February by House Speaker Robert DeLeo to help communities finance climate adaptation projects has grown during its development and now includes a $295 million Climate Resiliency Act of 2019.

The GreenWorks bill (HD 4234), officially filed on Tuesday, features a resilience act within it that proposes $100 million for municipal microgrid energy systems, $125 million for public sector electric vehicle fleets, $20 million for municipal sustainability coordinators, and $50 million for Green Resiliency Fund loans to municipalities.

In January, Gov. Charlie Baker called for a real estate transfer excise tax increase to fund his ten-year, $1 billion climate change impact proposal. The bill sponsored by Rep. Thomas Golden of Lowell would be financed by borrowing, with bonds that would be paid off by 2050 at the latest.

The House this session has so far also not gone along with Baker's proposed taxes on opioid manufacturers and vaping products, levies that the Senate agreed to in its $42.8 billion budget and which will now be subject to negotiation in the House-Senate budget conference committee.

State House News Service
Tuesday, May 28, 2019
House leaders add $295 Mil Climate Act to Greenworks bill
By Michael P. Norton


Buckle up, because the road to establishing a Massachusetts "millionaire's tax" on the state's wealthiest earners has been a long and winding one, with several years of debate to come.

Businesses leaders are torn on a state constitutional amendment that, if approved, won't reach the ballot until November 2022.

The Massachusetts Income Tax for Education and Transportation Amendment, aka the Fair Share Amendment, aka the "Millionaire's Tax," is sponsored by Sen. Jason Lewis, D-Winchester and Rep. James O'Day, D-West Boylston....

In 2018, the amendment was framed as a citizen's initiative, collecting over 150,000 signatures and winning constitutional convention approval before the Massachusetts Supreme Judicial Court ruled against it.

The court sided with a group of Massachusetts business associations — including the Massachusetts High Technology Council, Associated Industries of Massachusetts, Massachusetts Taxpayers Foundation, Massachusetts Competitive Partnership and the state chapter of the National Federation of Independent Businesses — who argued the question was unconstitutional in the way it set aside tax revenue....

While that literally remains several years away, business leaders are intensely split both for and against the amendment. The same groups who rallied against the initiative in 2018 remain fiercely opposed, while others view it as an opportunity to bolster the relationship between the business community and the state government.

For Marie-Francis Rivera, the President of the Massachusetts Budget and Policy Center, the tax initiative, if executed fairly, would be an excellent way to redistribute resources across poorer areas in the commonwealth....

Jesse Mermell, the president of the Alliance for Business Leadership, a non-partisan coalition of Massachusetts business leaders, spoke in favor the amendment in 2018 and believes it has a stronger chance of making it to the ballot in 2022.

"We're supporting it this time through the legislative approach," Mermell said in an interview, "We're facing extreme inequality in the commonwealth, and asking the most fortunate among us to pay their fair share is an incredibly fair way to address the equality." ...

The groups rallying against the bill, however, views it is a threat to the economic stability in the state.

The Massachusetts Taxpayers Foundation, a business-funded public policy organization, has been vocal in its opposition and views the tax as "far-reaching and unguided experiment that risks the state's economic well-being," according to a statement published by the group.

The MTF statement cited doubts over whether the estimated $2 billion in tax revenue would go towards the proposed transportation and education, or would even materialize at all.

"[T]he power to appropriate revenue in the state budget rests solely within the Legislature and cannot be guaranteed in the constitution," according to the statement. Because the wording of the amendment says the funds are "subject to appropriation," the decision on how to best spend the additional funds would need to be made each year by future legislatures....

Christopher Carlozzi, the Massachusetts State Director of the National Federation of Independent Businesses, an association representing thousands of small business members in the state, is also strongly opposed....

"There is no way to bind a Legislature to use it for that money for a specific cause in future years ... so to ensure a Legislature down the line is going to actually use it, that's uncertain."

The Lowell Sun
Wednesday, May 29, 2019
Biz groups split on millionaire's tax
It would create 4% surcharge on annual incomes over $1M


Chip Ford's CLT Commentary

It was a distracting week here with the passing of Chip Faulkner after his forty years of selfless commitment working for CLT and the taxpayers of Massachusetts.  (Details of Thursday's services for him are available here.)  Fortunately, the budget passed by the Senate last Thursday night contained little drama or controversy containing a few new taxes.  The House transformed its budget into a "money bill" so the Senate took advantage of the opening as anticipated, but adopted only some taxes previously proposed by Gov. Baker.  The increase in state spending by another billion dollars follows the Legislature's spending trend for over a decade.

It appears that major tax proposals were held back for the promised tax-centric overhaul and debate in the House and Senate later this session, once the budget is concluded.  Of course the graduated income tax, aka "The Fair Share Amendment," aka "The Millionaire's Tax," now called "The Massachusetts Income Tax for Education and Transportation Amendment" remains the crown jewel advocated by The Takers and continues to creep steadily forward.

The House and Senate versions of their respective budgets now move to a joint conference committee for compromise.  The Senate last week proposed spending $42.8 billion, compared to the House's budget spending of $42.7 billion, though how and where those billions are to be spent vary among the two chambers.  That's where the bottom-line spending for the next fiscal year beginning in July will likely increase, to perhaps $43 billion or more considering that unexpected extra billion dollars revenue windfall that appeared last month.

Already the House has proposed adding $295 million more to House Speaker Robert DeLeo's $1 billion "GreenWorks" plan "to help communities finance climate adaptation projects."

Chip Ford
Executive Director


 

State House News Service
Thursday, May 23, 2019

After adding $74.4 Mil, Senate adopts FY20 budget
By Colin A. Young

The Massachusetts Senate passed a roughly $42.8 billion budget for fiscal year 2020 on Thursday night, leaving a little more than five weeks for negotiations between the House and Senate ahead of the July 1 start of the fiscal year.

The Senate voted 40-0 around 10:30 p.m. Thursday to adopt the spending plan, which was amended over the course of three days of debate in the Senate Chamber. In total, senators tacked about $74.4 million in additional spending onto the fiscal 2020 budget that the Ways and Means Committee proposed, the committee said.

"We can be really proud of the work we have accomplished," Senate President Karen Spilka told senators just before the unanimous vote. "We expressed our best hopes for the future of our commonwealth and together we made the hard decisions to produce a fiscally responsible budget that truly reflects our Senate values."

The Senate this week backed a sizeable increase for a state grant program that helps religious and nonprofit facilities "at risk of terrorism and violent threat" improve their security, bolstered funding for regional school transportation reimbursements, added funding for civics education, and authorized an increase in some Registry of Deeds fees to boost funding available through the Community Preservation Act.

Many of the highest-profile budget amendments received attention but no actual vote when the Senate began its week of debate Tuesday. Amendments that would have brought in significant new revenues by increasing corporate tax rates were withdrawn after remarks by their sponsors, as was one that would have implemented the first year of the higher-education reforms contained in the so-called Cherish Act.

The House last month authorized $42.7 billion in spending for fiscal year 2020, including significant new investments in elementary and secondary education, while avoiding any major tax increases. Lawmakers are now expected to appoint three senators and three representatives to iron out the differences between the House and Senate plans in a conference committee.

The next fiscal year starts on July 1, but the Legislature has in recent years missed that deadline for having a new budget in place and instead has resorted to passing a spending plan sufficient to meet the state's needs for about a month to buy themselves more time to agree on a compromise budget. Massachusetts was the last state to adopt a fiscal year 2019 budget.


State House News Service
Friday, May 24, 2019

Weekly Roundup - Quality Control
By Matt Murphy


. . . The Senate plodded through three days of budget discussions this week, ultimately approving a $42.8 billion spending bill for next fiscal year that showed just how over the Rosenberg-era of the Senate is.

Gone are the days of packing the budget with dozens of outside sections to advance policy that had been bottled up in committee or just needed a faster ride to the governor's desk, or a dead end in the House.

Senate President Karen Spilka and new Ways and Means Chairman Michael Rodrigues effectively put a chokehold on the policy pipeline, convincing colleagues, from the revenue crusaders to the public health pushers, to wait.

Everyone, it seemed, got committee religion.

For instance, Sen. Jamie Eldridge held off on forcing a vote on a corporate tax increase to defer to Sen. Adam Hinds' tax code working group. And Sen. John Keenan gave an impassioned speech on why flavored tobacco should be banned, only to withdraw his amendment because, he said, Ways and Means was trying to keep the budget policy free.

It wasn't policy free, though.

There are new taxes on opioid manufacturers and e-cigarettes, tough drug pricing controls for MassHealth and a tuition and fee freeze on the University of Massachusetts campuses.

The Senate remained unbowed by pressure from UMass and students to either further pump up funding for the university system or let them raise tuition and fees.

That question now moves into conference between the Senate and House where any soft spot Speaker Robert DeLeo might have had for the students was hardened by days of protests outside his office and the online venting of his critics frustrated that they were never given an audience.

DeLeo on Thursday night lashed out at the student protestors and organizers of the sit-in over posts that he, or more likely his staff, had seen online. That came the day after an unfortunately timed escalation of a student sit-in when they disrupted a Gold Star families commemoration going on a floor below.

The speaker seemed particularly perturbed by the insinuation that the students had been ignored after Higher Education Committee Chairman Jeff Roy took the time to meet with them. DeLeo, however, would not.

"Whether they're alleging they were threatened with arrest, ignored or that the State House uses facial recognition technology, these students have opted to present their own, wildly inaccurate facts. There was no threat of arrest, there is no such technology used at the State House, and my staff and House members met with them on multiple occasions," DeLeo said.

"These Trumpian tactics are both offensive and counterproductive," the speaker concluded.

The students and PHENOM maintain that they were told by House court officers they could be arrested and that State House cameras were capturing their images, but building security told the News Service that no cameras are equipped with that technology.

So now the speaker is feuding with both UMass students and the Massachusetts Teachers Association after last week's mocking of Education Committee Co-Chair Alice Peisch by members of the union....

STORY OF THE WEEK: After the Senate takes its turn, the budget clock starts for real. Thirty-eight days, and counting.


State House News Service
Friday, May 24, 2019

Advances - Week of May 26, 2019


. . . The next stop for the state budget, which looks like it will approach $42.8 billion, is a six-member panel that will likely hold private talks where some of the biggest spending decisions of each year will be made. While there are differences between the branches, there's a lot in common between the two budgets and lawmakers are on pace, based on past patterns, to deliver an on-time budget by the July 1 deadline. A $200 million bond bill for local road and bridge projects is behind schedule and appears unlikely to make it to Gov. Charlie Baker's desk next week because it needs a recorded vote on final passage and the Senate does not have a formal session planned next week. The House plans to enact the Chapter 90 bond bill on Wednesday. The bill has advanced at a glacial pace despite agreement among decision-makers about its need and terms....

A landmark education funding and reform bill is also in the works and could emerge from the Education Committee before the break, but the timeline for considering that bill in the branches -- as well as the often-mentioned revenue debate that Democrats say is necessary -- remains vague at best....

As the budget heads to conference, legislative committees are coming back to life after an off week, with plans Tuesday to air bills legalizing sports betting....

The news will flow at the end of the holiday-shortened week and through the month of June on several major fronts.... Following the Senate's planned June 6 debate on the distracted driving bill, Senate President Karen Spilka plans to preside over a June 12 Constitutional Convention where Democrats are anxious to debate and advance a $2 billion income surtax on wealthy residents, a measure that opponents claim will drain mobile capital from the state.


The Lowell Sun
Wednesday, May 29, 2019

Biz groups split on millionaire's tax
It would create 4% surcharge on annual incomes over $1M
By Kalina Newman, Boston University Statehouse Program


Buckle up, because the road to establishing a Massachusetts "millionaire's tax" on the state's wealthiest earners has been a long and winding one, with several years of debate to come.

Businesses leaders are torn on a state constitutional amendment that, if approved, won't reach the ballot until November 2022.

The Massachusetts Income Tax for Education and Transportation Amendment, aka the Fair Share Amendment, aka the "Millionaire's Tax," is sponsored by Sen. Jason Lewis, D-Winchester and Rep. James O'Day, D-West Boylston. The amendment would create a 4 percent surcharge tax on the portion of an individual's annual income over $1 million. It won initial approval at the first of two constitutional conventions on May 8.

The resulting revenue — the Department of Revenue has predicted the tax could result in an additional $2.2 billion per year — would go towards bolstering the state's education and transportation infrastructure. There is a widespread belief, shared by many in the business community, that the state's future economic growth could be hampered by shortcomings in the public education system and clogged highways and mass transit.

In 2018, the amendment was framed as a citizen's initiative, collecting over 150,000 signatures and winning constitutional convention approval before the Massachusetts Supreme Judicial Court ruled against it.

The court sided with a group of Massachusetts business associations — including the Massachusetts High Technology Council, Associated Industries of Massachusetts, Massachusetts Taxpayers Foundation, Massachusetts Competitive Partnership and the state chapter of the National Federation of Independent Businesses — who argued the question was unconstitutional in the way it set aside tax revenue.

This time, because the amendment was proposed by lawmakers, it needs to gain the backing of at least 50 percent of the members of the House and Senate in two consecutive constitutional conventions to appear on the ballot. If successful, the earliest the proposal will appear is November 2022.

While that literally remains several years away, business leaders are intensely split both for and against the amendment. The same groups who rallied against the initiative in 2018 remain fiercely opposed, while others view it as an opportunity to bolster the relationship between the business community and the state government.

For Marie-Francis Rivera, the President of the Massachusetts Budget and Policy Center, the tax initiative, if executed fairly, would be an excellent way to redistribute resources across poorer areas in the commonwealth.

"We believe education and transportation are important to improving the lives of people," Rivera said in an interview. "Many districts around the commonwealth are underfunded, and our own research has found that there are close to a billion dollars a year in school aid that is needed to make sure we have equitable funding for our kids."

Phineas Baxandall, a senior analyst at MassBudget, testified before the Legislature's Committee on Revenue at a public hearing on April 11 in support of the proposal.

"If the Fair Share Amendment were currently in place ... the top one percent of tax filers would pay about the same percentage of their income as the rest of the top 5 percent of incomes," Baxandall said.

Jesse Mermell, the president of the Alliance for Business Leadership, a non-partisan coalition of Massachusetts business leaders, spoke in favor the amendment in 2018 and believes it has a stronger chance of making it to the ballot in 2022.

"We're supporting it this time through the legislative approach," Mermell said in an interview, "We're facing extreme inequality in the commonwealth, and asking the most fortunate among us to pay their fair share is an incredibly fair way to address the equality."

"These investments are great news for the business community. We have incredible brainpower and can only improve with significant amendments in our transportation and education groups."

The groups rallying against the bill, however, views it is a threat to the economic stability in the state.

The Massachusetts Taxpayers Foundation, a business-funded public policy organization, has been vocal in its opposition and views the tax as "far-reaching and unguided experiment that risks the state's economic well-being," according to a statement published by the group.

The MTF statement cited doubts over whether the estimated $2 billion in tax revenue would go towards the proposed transportation and education, or would even materialize at all.

"[T]he power to appropriate revenue in the state budget rests solely within the Legislature and cannot be guaranteed in the constitution," according to the statement. Because the wording of the amendment says the funds are "subject to appropriation," the decision on how to best spend the additional funds would need to be made each year by future legislatures.

Christopher Carlozzi, the Massachusetts State Director of the National Federation of Independent Businesses, an association representing thousands of small business members in the state, is also strongly opposed.

Because small business owners are required to file businesses taxes on the same form as personal income, they will also be taxed an additional 4 percent if they file a revenue exceeding $1 million.

"This will disproportionately hurt small businesses who are excluded from this conversation," Carlozzi said in an interview.

"While it's not a common occurrence for a small business to have annual revenue of over a million dollars, you have businesses all over the state, even gas stations, who have property values which far exceed the one million thresholds, and they'll be affected."

The amendment will especially hurt business owners when they go to retire, Carlozzi argues, when it comes time to sell their business they will be stuck with the extra 4 percent tax charge.

As far as the proposed revenue, Carlozzi says, it's unlikely the Legislature will find a future for the funding.

"There is no way to bind a Legislature to use it for that money for a specific cause in future years ... so to ensure a Legislature down the line is going to actually use it, that's uncertain."

 

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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