CITIZENS   FOR  LIMITED  TAXATION  &  GOVERNMENT
and the
Citizens Economic Research Foundation

 

CLT Update
Monday, January 1, 2002

Meet the New Year; same as the old year ... so far


Senate President Thomas Birmingham, D-Chelsea, has said he'll take a look at the possibility of freezing the income tax rollback after the New Year.

Acting Gov. Jane Swift has vowed to fight any effort to undo the income tax reduction.

Associated Press
Dec. 31, 2001
Tax changes to put more money in pockets...


"Tobacco companies, not the public, must bear the financial burden associated with smoking-related illnesses."

Attorney General Tom Reilly
AG files suit vs. tobacco firms
The Boston Herald
Jan. 1, 2002


But it proved a risk worth taking when in 1998 the tobacco industry, in a historic nationwide settlement that has ushered millions into state coffers around the country, agreed to settle the suit with Massachusetts by paying out $8 billion to repay taxpayers for decades of smoking-related health costs.

The Boston Herald
Jan. 1, 2002
Firm's suit paints Reilly into a corner


The board's decision to back off means tough luck for former East Boston Rep. Emmanuel "Gus" Serra, who was canned from his $129,000-a-year strategic planning director job, and now won't be able to add nearly $20,000 to his annual pension take through early retirement. Some have pointed to Serra as the intended beneficiary of the special provision largesse, which was inserted into the bill by the House Ways and Means Committee - controlled by House Speaker Thomas Finneran, a longtime Serra ally....

Rank-and-file House members, embarrassed by the media coverage, yesterday voiced outrage that their leadership quietly inserted the provision, then passed the bill on a voice vote during an informal session where only a handful of members were present.

The Boston Herald
Jan. 1, 2001
Embattled Massport won't accept $$ handout


In 1995, before [Finneran] took the helm, 38 members were paid extra money for their leadership posts or committee chairmanships, most getting the minimum $7,500 in added pay. Now, 51 receive elevated pay, and Finneran helped double the stipends for many of them to $15,000. While most attest that they could never be bought with such stipends, cooperation is certainly expected of those elevated to leadership roles.

Joked Christopher Hodgkins, Democrat of Lee, one of Finneran's staunchest critics: "You'd be amazed what a legislator does for free stamps."

The raises now supplement the $50,000 salaries of not only committee chairs and party leaders, but "floor division leaders," whose job is to count heads for floor votes.

The Boston Globe
Jan. 1, 2002
In survival test, speaker shows his skill...


Edging close to what has become a third rail in Massachusetts politics, former Labor Secretary Robert Reich said yesterday that if he became governor, he would consider reinstating a state capital gains tax of 4 percent, to make up for gaps in the state's finances....

Reich also endorsed an increase in gasoline taxes for Eastern Massachusetts residents to make up cost overruns on the Big Dig, a plan which has also the support of Secretary of State William F. Galvin - a likely competitor in the Democratic race for governor.

The Boston Globe
Jan. 1, 2002
Reich raises possibility of capital gains tax


Happy New Year ... and Happy Tax Cut Day!

Today, the state income tax rate has dropped to 5.3 percent on its way back down to 5 percent next January 1st, thanks to the success of Question 4, our "temporary tax increase" rollback.

But our opponents haven’t given up on "freezing" that last .3 percent yet, and Democrat candidates for governor already are talking about tax increases if they’re elected in November.

And here comes Attorney General Tom Reilly, starting the new year by charging to the defense of us taxpayers once again ... or so he’d have everyone again believe. He’s suing more tobacco companies, again ostensibly to "reimburse taxpayers for money already spent."

We’ve yet to see even a cent of "reimbursement" from the $8.3 Billion settlement of years back! We’ve been lied to for years now by Gimme Lobby advocates that "the primary purpose of the lawsuit was to reduce teenage tobacco use, fund health care programs ... blah, blah, blah."

We have doggedly asserted that government documents filed with the courts have consistently insisted that the purpose was singularly "taxpayer reimbursement" ... but to no avail. Will these transparent bait-and-switch scams ever be recognized for what they really are -- just shameless cash shakedowns to grow big government bigger?

How many times must we hear about "reimbursing" us taxpayers for money already extracted and spent, only to have it gobbled up by burgeoning "tobacco control" programs and additional new health care spending? How many more times can defending taxpayers be used as only a lame excuse to provide the "standing" necessary to enter a court battle, simply to raid deep pockets and provide for more government spending?

Despite last year’s disgraceful legislative session culminating with the intended diversion of an alleged "coup" to oust the House Speaker, nothing has changed. Patronage reigns, clueless legislators continue to be led around by their collective noses, and our tax rollback remains at risk.

The good news is ... we’re still here, watching, and ready to rumble!

Chip Ford


Associated Press
Monday, December 31, 2001

Tax changes to put more money in pockets
of seniors, workers, donors

By Leslie Miller

BOSTON (AP) -- Massachusetts residents will see a little more money in their paychecks starting New Year's Day.

That's when the state's income tax drops by 0.3 percent. In 2000, voters approved a ballot question that cuts the state income tax to 5 percent from 5.95 percent over three years.

"For most people, it won't be a whole lot," said Timothy Connolly, Department of Revenue spokesman.

The typical family of four will save less than $200 a year, tax cut opponents have said.

Many taxpayers, though, will be able to take advantage of targeted tax breaks in 2002. Eligible seniors can take a credit of up to $385 against their property taxes. For the first time, people will be able to deduct charitable gifts from their state taxes. Renters, adoptive parents and people with student loans will also pay less in taxes.

All the cuts will cost the state treasury $600 million to $700 million for calendar year 2002, according to the Massachusetts Taxpayers Foundation.

The income tax cut alone will cost about $400 million annually, said Cam Huff, senior policy analyst at the foundation.

This year is also the final phase of the state's capital gains tax reduction, enacted in the early 1990s. That will cost another $75 million to $100 million, Huff said.

"People who held an asset for six years or longer will go from 1 percent (capital gains tax) to zero," he said.

The impact of the charitable deduction is harder to gauge because the Sept. 11 terrorist attacks changed giving habits. One study estimated the cost to the state at between $180 million and $200 million.

"Who knows?" said Huff. "But it's somewhere in that ballpark."

Falling tax revenues forced lawmakers to cut human services programs as part of a $1.3 billion reduction in spending that resulted in a $22.3 billion budget for the 2002 fiscal year.

Senate President Thomas Birmingham, D-Chelsea, has said he'll take a look at the possibility of freezing the income tax rollback after the New Year.

Acting Gov. Jane Swift has vowed to fight any effort to undo the income tax reduction.

Taxpayers confused about their tax liability for 2001 should call the Revenue Department's hot line or check its Web site, said Joseph McDermott, taxpayer advocate.

Some important changes include the charitable deduction, which can be claimed against state income taxes for the first time on the 2001 tax return, McDermott said.

"Even if you don't itemize federally, in Massachusetts you can claim a charitable deduction equal to the amount you would get on the federal tax return," McDermott said.

People 65 and older considering the new property tax credit face complex eligibility requirements.

Their total income not adjusted gross income can't exceed $41,000 for single filers, $51,000 for head-of-household filers and $61,000 for joint filers. The credit must be sought against a primary residence in Massachusetts assessed at less than $412,000. Their total property tax, including water and sewer bills, must exceed 10 percent of total income.

The credit will increase next year, McDermott said.

Renters will see their rental deduction increase to $3,000 from $2,500, he said.

The full amount of interest on student loan payments can be deducted, he said, and all adoption agency fees are exempted.

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The Boston Herald
Tuesday, January 1, 2002

AG files suit vs. tobacco firms
by Michael Lasalandra

Attorney General Tom Reilly is suing to stop five overseas tobacco companies from selling their cigarettes in Massachusetts until they put money into a special escrow account.

Tobacco companies that did not sign on to the national tobacco settlement in 1998 are required by state law to put funds into escrow each year to pay settlements or judgments in lawsuits that Massachusetts may file to recover smoking-related costs.

Reilly's office said the suits, filed in Suffolk Superior Court yesterday, seek a total of $5,500 from the companies - the amount they should have paid into the account, plus penalties.

The companies named in suits filed yesterday were cigarette makers Mohanial Hargovinddas, maker of Sher Bidi and Pahelwan Bidi brands; China National Tobacco Import and Export Co., maker of Ginseng, Daquianmen and Double Horses brands; Karelia Tobacco Co., maker of Karelia brands; Sekap SA Greek Cooperative Cigarette Manufacturing Co., maker of GR and Ideal brands; and Administrazione del Monopoli di Stato, the maker of the MS brand.

Earlier in the year, Reilly's office sued five other cigarette makers that have violated the escrow law.

"If cigarette sellers plan to do business in Massachusetts, they must recognize and respect state laws," Reilly said in a statement. "Tobacco companies, not the public, must bear the financial burden associated with smoking-related illnesses."

The escrow law works in conjunction with the national tobacco settlement, signed by 46 states and under which Massachusetts is estimated to receive $7.6 billion in payments over 25 years.

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The Boston Herald
Tuesday, January 1, 2002
Business

Firm's suit paints Reilly into a corner
by Maggie Mulvihill

Greed is good, said New York financier Gordon Gekko, the money-crazed tycoon in the popular 1987 movie "Wall Street."

But not according to Attorney General Tom Reilly, who blames greed for driving a group of Massachusetts lawyers to sue the state last week for $282 million more in tobacco litigation fees.

Superlatives used by Reilly to describe that suit ranged from "absolutely disgraceful" to "offensive."

But despite his protestations, Reilly is stuck in a legal corner created for him by his own predecessor and the state's former top lawyer - L. Scott Harshbarger, a fellow Democrat, who, ironically, now heads Common Cause, an advocacy group known for deploring the influence of money on public policy.

That legal corner is called a contract, an enforceable contract according to the lawyers at Boston's Brown, Rudnick, Freed & Gesmer, who filed the suit and led the Massachusetts legal team to victory in the historic 1998 Big Tobacco settlement.

Brown Rudnick - which has been awarded $178 million in fees by a national arbitration panel - was one of very few Boston firms willing to represent the state in its suit against Big Tobacco back in 1996.

It was a case many local lawyers refused to take on, given the industry's endless supply of funds and its track record of never losing a lawsuit.

But it proved a risk worth taking when in 1998 the tobacco industry, in a historic nationwide settlement that has ushered millions into state coffers around the country, agreed to settle the suit with Massachusetts by paying out $8 billion to repay taxpayers for decades of smoking-related health costs.

There was just one small hitch, though - Harshbarger had cut a deal with the lawyers that they would receive 25 percent of any settlement or zero if the case was lost.

It's a deal that was denounced by many state officials.

Former Gov. Paul Cellucci, a Republican, made it a campaign issue as he bitterly battled Harshbarger for the governor's office in 1998.

Reilly, who slid into Harshbarger's old AG seat in that same election, has said repeatedly that the lawyers have been more than amply compensated for their work and the state owes them not a penny more.

But Brown Rudnick isn't taking lightly its new quest for the additional fees.

One can just imagine the wads of cash it's shelling out for the very pricey legal help it has hired for the case - attorney Robert Popeo.

Neither Popeo nor Reilly are known for their flexibility and willingness to compromise. So no matter what happens with the $282 million claim, it will be unbridled fun to witness their unfolding legal match.

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The Boston Herald
Tuesday, January 1, 2001

Goody bye: Embattled Massport
won't accept $$ handout

by Elisabeth J. Beardsley

Buckling under days of public outrage, the Massport board of directors is rejecting the early retirement goodies state lawmakers offered to their recently axed political cronies.

Phone calls have been flying back and forth between acting Gov. Jane Swift and Massport board and staff, since the Herald reported Saturday that the Legislature slipped a special Massport-specific retroactivity clause into a statewide early retirement bill.

"The Massport board has no intention of implementing the legislation," Massport spokesman Jose Juves told the Herald last night.

The beleaguered agency, struggling with an economic crisis after the twin Sept. 11 hijackings from Logan International Airport, laid off 170 workers in November, including many notorious patronage hires.

Had the Massport board implemented the Legislature's special provision, the laid-off workers, particularly the highly-paid political hires, could have padded their annual pensions by tens of thousands of dollars - adding millions to Massport's bleeding bottom line.

The board's decision to back off means tough luck for former East Boston Rep. Emmanuel "Gus" Serra, who was canned from his $129,000-a-year strategic planning director job, and now won't be able to add nearly $20,000 to his annual pension take through early retirement.

Some have pointed to Serra as the intended beneficiary of the special provision largesse, which was inserted into the bill by the House Ways and Means Committee - controlled by House Speaker Thomas Finneran, a longtime Serra ally.

Massport board chairman Mark Robinson and other board members did not return calls yesterday.

But Juves said the agency is satisfied with its plan to fill a $51 million budgetary hole, and doesn't need to bring early retirement into the mix.

"The board feels comfortable with that original plan. Wall Street felt comfortable with that original plan," Juves said. "There's really no need to change it."

Working from her western Massachusetts home, Swift signed the statewide early retirement bill into law last night - Massport clause and all - but only after securing promises from the independent agency's board that it would not opt into the system.

"The governor felt that it was inappropriate for Massport to implement the early retirement bill with the retroactive date," said Swift spokesman Sarah Magazine. "She's pleased that Massport has said that they intend to follow her directions."

The media furor that erupted over the Massport handout sparked frustration among Massport officials who feel unfairly set upon over a porky item that wasn't of their own making, sources say.

"This wasn't something that Massport had requested," said one State House observer. "Naturally, because of the media coverage, it further stained Massport's reputation in the public eye."

The latest Massport controversy has also sown high tensions between Swift and a pack of Democratic gubernatorial rivals.

Secretary of State William Galvin and Treasurer Shannon O'Brien - the acting governor's gubernatorial rivals - had demanded that Swift send the bill back to the Legislature with an amendment stripping out the Massport provision.

Galvin continued to insist last night that Swift kick the bill back, warning that since Massport has until April 1, 2002, to opt in, the board could sneak the provision through after the dust settles.

"The surest way to fix it is to send it back," Galvin said.

Swift spokesman Jim Borghesani blasted the calls to send the bill back to lawmakers, pointing out that Democratic legislative leaders are to blame for inserting the perk in the first place.

"There's no reason to think the very Legislature that put in the clause would take it out," Borghesani said. "It's very possible the bill would never have come back."

Rank-and-file House members, embarrassed by the media coverage, yesterday voiced outrage that their leadership quietly inserted the provision, then passed the bill on a voice vote during an informal session where only a handful of members were present.

"It's just typical," said Rep. Carol Donovan (D-Woburn). "Things are done without any consultation, without any openness. They're done behind closed doors."

Finneran declined comment through a spokesman.

Aimed at reducing the state workforce by 5,000 with as few layoffs as possible, the early retirement period opens tomorrow.

The Treasury will have applications available at three locations in the McCormack state office building, and Saturday hours will be available for the next month.

Treasury spokesman Dwight Robson said there wouldn't be a repeat of the long lines that marked the state's last early retirement effort in 1992.

"No one should feel as though they need to show up bright and early on Wednesday morning," he said.

David R. Guarino contributed to this report.

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The Boston Globe
Tuesday, January 1, 2002

In survival test, speaker shows his skill
Uses carrot and stick to keep foes in check

By Stephanie Ebbert
Globe Staff

Representative Christopher Fallon of Malden got $790,000 for a technology park in this year's austere state budget. Representative Alice Wolf of Cambridge gained a second legislative aide after voting to eliminate term limits for House Speaker Thomas M. Finneran. The speaker helps Representative Paul Kujawski campaign in his conservative Webster district each time he faces reelection. And he offers freshman Democrats steep campaign contributions, which conspicuously dry up if their cooperation wanes.

Renegade House members flirted with insurgency against their commanding leader in recent weeks, protesting a delayed, closed-door budget process that left even legislators out of the loop. But their retreat in the face of pressure left voters with a curious image: 159 ambitious politicians who came to Beacon Hill to make their own marks willingly ceding control to one.

Yet interviews with an array of legislators exposed a host of rationales for the House's continued allegiance to Finneran - from sheer pragmatism, to agreement with his fiscal conservatism, to lessons learned about the futility of striking out against a speaker with less than a critical mass behind them.

Finneran, who declined to be interviewed for this story, maintains power with a masterful mix of charisma and control. Not every politician can get away with taking off his shoes and performing stretches during a meeting with business leaders. And he metes out just enough perks, just in time, to keep objectors in check.

Witness that in the face of continued criticism last week, he relented and scheduled a special election for a liberal district seat he'd left open for eight months.

"The reason that the people who want to challenge Finneran cannot do it is because he's quite skilled at getting the majority of the members of the Democratic caucus what they want," said Mickey Edwards, a former Republican congressman and a lecturer in public policy at Harvard University's Kennedy School of Government. "Getting them on committee assignments that they like, helping them to advance legislative programs ... that's the part that gets overlooked. Finneran holds that power because he's really very good."

Sharing the wealth
and consolidating power

Over six years as speaker, he also has brought many more members into the fold, as leaders or committee chairs. In 1995, before he took the helm, 38 members were paid extra money for their leadership posts or committee chairmanships, most getting the minimum $7,500 in added pay. Now, 51 receive elevated pay, and Finneran helped double the stipends for many of them to $15,000. While most attest that they could never be bought with such stipends, cooperation is certainly expected of those elevated to leadership roles.

Joked Christopher Hodgkins, Democrat of Lee, one of Finneran's staunchest critics: "You'd be amazed what a legislator does for free stamps."

The raises now supplement the $50,000 salaries of not only committee chairs and party leaders, but "floor division leaders," whose job is to count heads for floor votes.

Consider the fates of one such floor leader, Maryanne Lewis of Dedham, and a counterpart, Kay Khan of Newton. Both women Democrats were elected in 1995, but Khan's fortunes took a dramatically different turn when she backed Finneran's onetime rival for speaker, Richard Voke.

Now, Lewis helps set the agenda on the Rules Committee, earns more than $65,000, and enjoys a spacious ground-level office staffed by three aides.

Khan earns entry-level pay of $50,122 and toils with one staffer in the State House basement - wedged into an office pod beside another legislator. Khan, a trained psychiatric nurse, can't win a spot on the health care committee, and her seat was nearly wiped out this year in redistricting.

As legislative leaders chopped the state budget this year, Lewis reclaimed $720,000 to move a historic house and restore a cemetery in her district - nearly the same sum given to the entire Massachusetts Historic Commission, whose budget was decimated. Khan, meanwhile, was weakly encouraged that Finneran had agreed even to entertain the idea of having a resolution read into the record praising the idea of more funding for food stamps and home health care.

In her first years in office, Khan could attract Finneran to a fund-raiser, she said. But the single contribution she received through the speaker's fund for House Democrats was never repeated.

George Pillsbury, who heads the Massachusetts Money and Politics Project, pointed to the speaker's contributions and noted that 90 percent of the representatives who received the cash voted to remove term limits for the speaker, essentially allowing Finneran's reign to continue.

In 2000, the fund doled out more than $33,000, mostly to Finneran allies, newcomers to office, and freshmen facing re-election campaigns.

"He'll give it to people in the hopes that it will get them into the fold," Pillsbury said. "If you're not in the fold after your first term, there's little chance of coming back to that pot of money."

Pillsbury also noted that Finneran renamed the political action committee intended to benefit House Democrats for himself.

"If you're running for office, your first contact with the speaker is a $500 check in his name," said Pillsbury. "People are excited ... They have no donor bigger than Thomas Finneran."

Republicans, who make up a minority and are inclined to back Finneran's fiscal conservatism, are contented by raises he ushered in for minority leaders and other perks. This year, Finneran redrew minority leader Francis L. Marini's district to encompass Marini's fiancee's home, so he could stay there after they marry.

Democrats not only get leadership posts or earmarked items in the budget, but sometimes can claim residual perks. When former legislator and key Finneran ally Susan Tracy ran for Congress, Finneran and some of his lieutenants helped her with fund-raising.

Finneran's fans and critics say they can't discount the speaker's charisma and mastery of the game. Kujawski said that just a few hours after his father died, Finneran was on the phone consoling his mother. Others say that the speaker makes personal connections.

"I could spend an hour - and I have - talking to him about how to prune grapes. When you can do that, there's a bond," said Representative Michael Festa, Democrat of Melrose, who developed a rapport with the speaker over gardening. Still, Festa is among the moderates who are aiming to curb the speaker's control.

"I am just disappointed, in a profound way, with the way I see this Legislature becoming an institution which is not functioning at the level it needs to function at," he said. "Representatives are mere shadows of the leadership."

When career ambitions
meet Beacon Hill reality

The reason for their submission lies somewhere between their districts, where they are local luminaries, and Beacon Hill, where their political fortunes, fund-raising potential, comfort level, and odds of making a difference depend largely on their level of cooperation with the speaker.

"Everybody goes in there wanting to be a star," said John McDonough, a Jamaica Plain Democrat who served the House from 1985 through 1997. Wide-eyed members, however, quickly learn the protocol, McDonough said.

"Your committee assignment is your legislative career," he said. "Being a chair or not being a chair or even being part of a committee that has some significant policy action is solely at the discretion of the speaker."

Many others take cover under the speaker - most notably, in the battle over the Clean Elections law. While many members quietly loathe the campaign finance reform measure that would fund their challengers, they let Finneran take the heat for opposing it. Others describe themselves as pragmatists. Representative William M. Straus, a Mattapoisett Democrat, said he did not back Finneran in his race for speaker in 1996 but reached out to him afterward by sending him a note pledging his support - and asking to join the health care committee, which Finneran agreed to do.

Straus recently won backing for a bill - not signed by the governor - aimed at saving money by buying prescription drugs for state agencies in bulk.

"I don't always get what I want," Straus said of his approach. "But it has allowed me to be effective in representing my district."

Some of the Democrats who have learned to negotiate with Finneran suggest that their more confrontational colleagues aren't trying hard enough - and should learn to go along to get along.

Representative David Linsky of Millis said he helped usher in a buffer zone bill that protected women visiting abortion clinics from protesters - despite the speaker's opposition to abortion rights.

"I have to be somewhat critical of some of my colleagues who have sat back and allowed the leadership to usurp some power and authority, because the speaker is only as powerful as the membership allows him to be," said Linsky. But Linsky cosponsored the measure that eradicated term limits for Finneran last year. It was, he said, a move he made for ideological purposes only.

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The Boston Globe
Tuesday, January 1, 2002

Reich raises possibility of capital gains tax
By Yvonne Abraham and Frank Phillips
Globe Staff

CAMBRIDGE - Edging close to what has become a third rail in Massachusetts politics, former Labor Secretary Robert Reich said yesterday that if he became governor, he would consider reinstating a state capital gains tax of 4 percent, to make up for gaps in the state's finances.

Reich, who said he is "very, very likely" to run for governor this year, has set himself apart from other likely candidates with that openness to a tax increase. The last three governors, all Republicans, pushed for tax cuts. Similarly, Democrats seeking the nomination have studiously avoided talk of reinstating or raising taxes.

Reich was careful to say he would reinstate the capital gains tax only as a last resort, and "only on the people who can afford it," if trimming government and reducing "corporate welfare" failed to make up what he expects will be a $2 billion shortfall in next year's budget.

"There are many, many steps that can be taken before we get to that stage," he said in an interview yesterday.

Reich also endorsed an increase in gasoline taxes for Eastern Massachusetts residents to make up cost overruns on the Big Dig, a plan which has also the support of Secretary of State William F. Galvin - a likely competitor in the Democratic race for governor.

In 1994, legislators and then-Governor William F. Weld rolled back, and in some cases eliminated, the 6 percent capital gains tax. Now, assets held for six years before being sold are not taxed at all....

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