CITIZENS   FOR  LIMITED  TAXATION
and the
Citizens Economic Research Foundation

 

CLT UPDATE
Friday, February 28, 2003

Romney's budget: The Good, the Bad and the Ugly

In 1966, Clint Eastwood starred as "The Man With No Name" in the third of his "spaghetti westerns." Like that Eastwood classic, Gov. Romney's budget contains three main characters.

Ironically, "The Good, the Bad and the Ugly" followed "A Fistful of Dollars" then "A Few Dollars More." This series seems an eerily appropriate analogy for Beacon Hill politics and its latest fiscal disaster.

Chip Ford's CLT Commentary


He vowed not to raise taxes. But Governor Mitt Romney never made any promises about fees.

The governor's proposed 2004 budget includes $60 million in fee increases ... Fees are different from taxes, Romney said yesterday, because they affect narrow groups of people, and pay for specific services that are "generally considered relatively voluntary." ...

In recent years, with antitax sentiment strong, fees have become a convenient tool for lawmakers and governors across the country, who face budget deficits but know they won't find public support for tax hikes, said Arturo Perez, a budget analyst with the National Conference of State Legislatures....

Romney wants to establish 33 new fees and raise 57 others....

"The fees that we've increased are those which we believe are justified on the basis of the cost of delivering the service," Romney said.

The Boston Globe
Feb. 28, 2003
Romney proposals on fees draw fire


Practically no one is spared from dozens of new and increased state fees proposed Thursday by Gov. Mitt Romney, who insisted they are not taxes....

"I'm not going to try and be the dictionary here, in terms of defining the difference between a fee and a tax. For me, generally, a fee is something which applies to a subset of the population," Romney said. "A tax is something which is far more broadly applied." ...

The governor proposed raising an additional $10 million by changing the used vehicle sales tax. People would pay taxes based on the value of the car, not the actual sale price. He said his tax experts say that's legal....

Sen. Mark Montigny, D-New Bedford, said fees, taxes and revenues are all the same.

"We might as well charge a fee for breathing and tell people to stop whining and hold their breath," he said.

Associated Press
Feb. 28, 2003
Governor says proposed new, higher fees are not taxes


The budget released Wednesday includes an outside section - itself a hideously stupid way to make law - that would require a 5-cent deposit on every bottle or can of juice or noncarbonated water. The same proposal would put a 15-cent deposit on bottles of wine or hard liquor.

A Boston Herald editorial
Feb. 28, 2003
Nickel and diming the public


Administration and Finance Secretary Eric Kriss told Herald editors and reporters that Menino - who had protested the cut - must buck up and absorb his "fair share of the sacrifice" as the state grapples with a $3.2 billion budget gap.

"Don't cry poor boy for Boston," Kriss said. "Boston, despite what some people might say, is one of the wealthiest communities in the state." ...

Kriss insisted there's nothing "disproportionate" about Boston's cut, noting that it amounts to 10.5 percent of the city's aid - the same percentage cut that many communities received - and only accounts for 2.3 percent of Boston's $2 billion overall budget.

Boston is expected to enjoy enough growth in its property tax base to mitigate the entire local aid cut - and to boost its overall spending over last year's level, Kriss predicted....

Kriss also teed off yesterday on labor unions, warning that entrenched laws such as civil service and the anti-privatization Pacheco Law are sending the state's finances into a "death spiral."

The Boston Herald
Feb. 28, 2003
Romney's budget boss blasts Menino's 'crying'


Governor Mitt Romney's plan to shake up and reorder state government is hitting Beacon Hill like a thunder bolt.

We cannot support every proposal the governor has made, but he deserves credit for doing exactly what he said he would do during the campaign: Bring genuine change to state government. The political veterans scoffed when candidate Romney talked about streamlining and eliminating waste and inefficiency. But in a matter of weeks, he has a plan that may be overly optimistic in projected savings but is groundbreaking in the way it would reshape state services and agencies....

The initial reaction to the governor's plans has been typically sour. Legislators are, first and foremost, wedded to a series of special interests whose main goal is to preserve the status quo. The new Senate president, Robert Travaglini, earlier sounded the call for new taxes, and he'll have many seconds.

A Patriot Ledger editorial
Feb. 27, 2003
Another Massachusetts revolution


Gov. Mitt Romney's crusade for government reform by rooting out patronage, eliminating redundant jobs and restructuring agencies is eight weeks old and showing no signs of abating....

But let's not fool ourselves and neither should Romney be snookered by the overtures: the status quo has ruled the Legislature for decades and it will be hard to eradicate a mindset that caters to public employee union lobbyists and workers....

The Commonwealth is long overdue for a major overhaul to restore public confidence in state government and the way it operates.

A Lowell Sun editorial
Feb. 27, 2003
Real reform


Chip Ford's CLT Commentary

In 1966, Clint Eastwood starred as "The Man With No Name" in the third of his "spaghetti westerns." Like that Eastwood classic, Gov. Romney's budget contains three main characters.

Ironically, "The Good, the Bad and the Ugly" followed "A Fistful of Dollars" then "A Few Dollars More." This series seems an eerily appropriate analogy for Beacon Hill politics and its latest fiscal disaster.

THE GOOD

Yesterday's Patriot Ledger editorial opined: "We cannot support every proposal the governor has made, but he deserves credit for doing exactly what he said he would do during the campaign: Bring genuine change to state government."

That sums up CLT's position as well. Sure, we've got a problem with some if not many of Gov. Romney's fee creations and increases, but overall how can you not revel in the long overdue revolution he's launched, and the panicky response of the reactionary status quo?

Just think: the business-as-usual Beacon Hill gang actually thought they would increase next year's budget by not the usual $1 billion each year ... but by $3.2 billion next year! And they're now shocked, we're to believe, that their feeding frenzy has come to its inevitable end.

"Nobody other than the governor has suggested that there's $2 billion in inefficiencies and waste," House Speaker Tom Finneran bristled in reaction to Gov. Romney's speech earlier this week. Finneran asserted that most of the growth of the budget in the last decade has been in education and health care programs.

The operative words is "most" -- because we all watched him double legislators' per diems and travel pay, just for example, and pack the courts and agencies with his supporters and friends. And the Legislature's endless expansion of the Medicaid "budget-buster" program during that period made it the most generous in the nation.

Even Finneran's much-touted "healthy rainy day fund" only allowed this spending frenzy to last one more year longer than it should have ... which is what we predicted when he kept raising the ceiling and expanding the slush fund to avoid the automatic tax cut trigger.

THE BAD (by Barbara Anderson)

You know how much CLT dislikes the new Swift/Legislative tax on self-paying nursing home beds and prescription drugs. Unfortunately, Gov. Romney's budget expands this "fee" concept with "fees" on health insurers, and if this works may go farther with "fees" on hospitals.

We are trying to find someone in the Administration who can make sense of this. We understand that by using the money for Medicaid, they hope to get it half-reimbursed by the federal government. But in the end, someone who is a responsible citizen (paying his own nursing home bill, for his own prescriptions, paying for health insurance) or providing these essential services is paying for a benefit to someone else, and getting no special service in return.

This makes the "fee" a tax; a tax on personal responsibility. And there is no end to where this concept can go. A tax on your root canal bill, to pay for someone who can't afford dental care? On your car repair bill, to pay for state car repairs? We have to stop this before it becomes an epidemic.

Health insurers are already operating on the edge. They will either pass along the tax to the businesses and individuals who pay the premium, or try to absorb it and cut back on benefits -- or like some small pharmacies, may go out of business.

The worst-case scenario: the taxes and fees pass the Legislature easily, the reforms don't make it, income tax rates go up too, and we taxpayers are double-screwed.

The other Bad: The expansion of the bottle bill to fruit juice containers, etc. This has nothing to do with the environment at this point; the state wants the money it gets if the containers are not returned (escheatage).

And why stop with fruit juice? Put a tax on cans of peas, tubs of butter, boxes of cereal. And they will....

THE UGLY

All of a sudden state Sen. Mark Montigny (D-New Bedford) has discovered that fees, taxes and revenues are all the same. "We might as well charge a fee for breathing and tell people to stop whining and hold their breath," he said.

Where was this opportunistic pol the last time fees were raised by the Legislature? It can't happen without the Legislature's approval, and you can bet the new fees and hikes will be snapped up and adopted a lot quicker than any of the governor's reform proposals!

There's poor Mayor Tom Menino, out there crying the sky is falling still, that his Boston is being treated unfairly with the biggest cut in local aid in the state. That's because Boston gets the most local aid in the state, some $600 million a year. His city's local aid cut is the same percentage as many others. It's simply the opposite effect from the liberals' argument against "unfair tax cuts for the rich."

Liberals bemoan the fact that taxpayers who pay in the most get more actual dollars as their equal percentage of a tax cut -- and now they bemoan that mayors who got the most in taxpayer handouts get more actual dollars withheld as their equal percentage of a spending cut.

Consider it simply a spending cut for the rich.

Chip Ford


The Boston Globe
Friday, February 28, 2003

Romney proposals on fees draw fire
By Joanna Weiss, Globe Staff

He vowed not to raise taxes. But Governor Mitt Romney never made any promises about fees.

The governor's proposed 2004 budget includes $60 million in fee increases, on everything from daily fees at state golf courses to a new fee on individuals who file complaints with the Massachusetts Commission Against Discrimination. Fees are different from taxes, Romney said yesterday, because they affect narrow groups of people, and pay for specific services that are "generally considered relatively voluntary."

It's a fine-tuned distinction that is largely accepted by budget specialists: Taxes are imposed broadly on the general public, while fees are connected to particular services, and typically imposed at the point of a transaction.

In recent years, with antitax sentiment strong, fees have become a convenient tool for lawmakers and governors across the country, who face budget deficits but know they won't find public support for tax hikes, said Arturo Perez, a budget analyst with the National Conference of State Legislatures.

Like Romney, New York Governor George Pataki, for example, proposed a budget last month that includes no tax increases. But Pataki seeks to raise $1.3 billion in fees and fines, on everything from marriage licenses to tires.

Critics say such fees, while politically convenient, often disproportionately affect the poor, because they are not graduated to account for income. For example, a middle-class couple refinancing their two-bedroom home pays the same flat fee of $200 to the state as a millionaire refinancing a palatial mansion.

And some Massachusetts lawmakers yesterday said Romney's proposed fees could discourage actions that increase public safety.

Senator Mark Montigny, a New Bedford Democrat, took issue with Romney's proposal to increase fees for criminal background checks. Lawmakers have long encouraged private day care centers and nursing homes to use those checks to screen job applicants. Besides, Montigny said, by relying on fees instead of taxes, Romney was avoiding a broader debate about the need for tax increases.

"If you believe more revenues are needed, you need to stand up and say it," Montigny said. "We might as well say to people that we're going to start charging a fee for breathing, and why don't you stop whining and hold your breath if you don't want to pay it?"

Romney wants to establish 33 new fees and raise 57 others.

Some constituent groups are already questioning whether Romney's specific fees are fair. James Wallace, spokesman for the Gun Owners Action League, said his organization considers the state firearm registration fee -- which Romney proposes raising from $25 to $75 -- to be a tax on the 200,000 state residents who hold firearm identification cards.

"It's not a service," Wallace said. "It's a tax on your rights. We're not getting anything."

Politicians turning to fees when taxes are not an option is nothing new in Massachusetts history. In the early 1980s, then-governor Michael S. Dukakis swore off tax hikes, but proposed a set of fees under a package he called the Revenue Enhancement and Protection Program. And in the early 1990s, then-governor William F. Weld, who pledged not to raise taxes, considered raising fees on lawyers to help pay for court operations.

At a news conference yesterday, Romney said the lines between taxes and fees can sometimes be blurry. A driver's license fee, he said, affects a broad enough population to be considered a form of tax.

But he said his budget -- which would not hike fees for a standard driver's license -- contains only fees that are more narrowly drawn. Budget writers sought to raise fees that are not currently covering the cost of the service, said Romney spokeswoman Shawn Feddeman, who said revenue from fees would not go into the state's general fund.

"The fees that we've increased are those which we believe are justified on the basis of the cost of delivering the service," Romney said.

Of course, covering the cost of those services with new fees frees up other money to pay for other programs in state government.

In some cases, Romney's proposed fees would affect relatively small groups. Out of 4.6 million drivers in Massachusetts, about 111,000 would be subject to hikes in commercial license fees, where the hikes range from $8 to $10. And only 395 people would be subject to the proposed hike in the motorcycle license fee, which applies only to those cyclists who do not also drive cars.

But state residents who see their bank accounts decrease might not draw a distinction between taxes and fees, or care how many other people are sharing the burden, Montigny said.

"The thing that they really care about is how much discretionary income do I have at the end of the week," he said.

Wallace, of the Gun Owners Action League, said he overheard similar comments in halls of the State House yesterday.

"I'd rather they raise my property taxes," he heard someone say. "At least I can write that off."

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Associated Press
Friday, February 28, 2003

Governor says proposed new, higher fees are not taxes
By Ken Maguire

Practically no one is spared from dozens of new and increased state fees proposed Thursday by Gov. Mitt Romney, who insisted they are not taxes.

The Republican governor proposed 33 new fees and increasing 57 others including some that would make it more expensive to golf on state courses, to register firearms, to teach horseback riding, to seek mental health services, and to make phone calls from prison which he said would raise nearly $59 million.

They all need Legislative approval.

"I'm not going to try and be the dictionary here, in terms of defining the difference between a fee and a tax. For me, generally, a fee is something which applies to a subset of the population," Romney said. "A tax is something which is far more broadly applied."

Romney, who vowed on the campaign trail to avoid new taxes, released his proposed fiscal 2004 budget on Wednesday. It contains more than $2 billion in cuts and savings, but no new or increased taxes.

Not everyone agrees that the proposed fees are not taxes. The Gun Owners Action League said a proposed firearms registration fee increase from $25 to $75 is a tax.

"It's not a fee. It's a tax on an individual's right to bear arms in Massachusetts," said Jim Wallace, a lobbyist for the group. "Basically, we're being robbed. The system doesn't work and we're paying more for it. What are we getting for our money? Nothing."

Romney said there's a difference.

"Taxes ... generally are not linked to a particular service," he said. "Fees are typically associated with a specific service which generally is considered relatively voluntary."

The governor proposed raising an additional $10 million by changing the used vehicle sales tax. People would pay taxes based on the value of the car, not the actual sale price. He said his tax experts say that's legal.

"We're looking at what the fair value is," he said.

The governor wants to bump phone charges for state prison inmates from 86 cents to $2 per call, generating $2 million.

Blind people would have to pay a new $10 fee for a state certificate of blindness and $15 for a photo identification card.

The Department of Mental Retardation would charge a fee of $100 to determine a client's eligibility.

"To say 'Before we're going to talk to you, you've got to put $100 on the table,' it seems crass and unnecessary," said Steve Collins, executive director of Massachusetts Human Services Coalition.

A new Department of Public Health fee would require $50 for all initial tuberculosis tests. Another $400 fee would be assessed for people who tested positive.

"We're going back to typhoid Mary time here," Collins said. "Fees would be a disincentive for folks to get checked out for these conditions. It's putting more folks at risk."

But Romney's administration says no fee no service.

"We understand their concerns but considering the fiscal crisis we're in, if we don't charge fees, we'd have less services for needy people," said Dick Powers, spokesman for the Office of Health and Human Services.

Speeding ticket surcharges would double to $50.

Sen. Mark Montigny, D-New Bedford, said fees, taxes and revenues are all the same.

"We might as well charge a fee for breathing and tell people to stop whining and hold their breath," he said.

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The Boston Herald
Friday, February 28, 2003

A Boston Herald editorial
Nickel and diming the public

With all of the real battles Gov. Mitt Romney has to fight, the ones that will have a serious impact on the lives of virtually every man, woman and child in this state, you'd think he would attempt to steer clear of the little fights he just doesn't need.

And so it is entirely bewildering why the governor is mucking up this particular budget battle with a totally pointless effort to expand the state's returnable bottle law. The budget released Wednesday includes an outside section - itself a hideously stupid way to make law - that would require a 5-cent deposit on every bottle or can of juice or noncarbonated water. The same proposal would put a 15-cent deposit on bottles of wine or hard liquor.

When the law was passed in 1982 the idea was to minimize litter. Now we don't know about the governor's neighborhood, but last time we looked, the state's streets and highways were not a dumping ground for discarded bottles of merlot or Nantucket Nectars. Recycling is working quite nicely and some communities even realize a tidy profit off those plastic bottles from Poland Springs.

This proposal represents a brand of chi-chi environmental elitism that surely has no place in a serious state budget.

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The Boston Herald
Friday, February 28, 2003

Romney's budget boss blasts Menino's 'crying'
by Elisabeth J. Beardsley

Gov. Mitt Romney's newly combative budget chief opened fire yesterday on Mayor Thomas Menino, accusing the mayor of crying "poor boy" in the face of a $46 million local aid cut - an attack that pushed angry municipal leaders further down the warpath against Romney.

Administration and Finance Secretary Eric Kriss told Herald editors and reporters that Menino - who had protested the cut - must buck up and absorb his "fair share of the sacrifice" as the state grapples with a $3.2 billion budget gap.

"Don't cry poor boy for Boston," Kriss said. "Boston, despite what some people might say, is one of the wealthiest communities in the state."

Kriss' salvo came one day after Romney unveiled a budget that slashes local aid to cities and towns by $232 million - with a full 20 percent of that total cut coming out of Boston's hide.

Menino had immediately protested the cut, telling the Herald on Wednesday that Romney wielded the budget ax much harder against Boston than any other community.

"Why such an inordinate cut to local aid to the city of Boston?" Menino said. "It's unfair."

The administration's assault on the state's most powerful local leader sent tremors through the ranks of the state's mayors, who are still rankling over what they view as administration slights.

North Adams Mayor John Barrett III, who recently mixed it up with Romney's spokesman, called Kriss' remarks a "very big boo-boo," especially since Menino has taken a "restrained" approach to Romney.

"When you get a street guy angry, it's going to come back and haunt them," Barrett said. "They're messing with the varsity and they're only JV."

After Boston's $46 million reduction, the next biggest local aid cuts were imposed on Quincy and Somerville, which each took a $3.9 million hit. Most communities saw cuts of less than $1 million.

But Kriss insisted there's nothing "disproportionate" about Boston's cut, noting that it amounts to 10.5 percent of the city's aid - the same percentage cut that many communities received - and only accounts for 2.3 percent of Boston's $2 billion overall budget.

Boston is expected to enjoy enough growth in its property tax base to mitigate the entire local aid cut - and to boost its overall spending over last year's level, Kriss predicted.

"(Menino's) going to have a growth in his overall budget next year, I can virtually guarantee it," Kriss said.

Menino declined comment yesterday, but his budget director Lisa Signore returned Kriss' fire - disputing his assertion that property taxes will grow enough to plug the entire local aid cut.

Signore said the city's financial officers have had "no direct contact" with Kriss.

"I'm not sure that he's qualified to make that statement," Signore said. "Some of their numbers are uninformed."

Romney's cuts to the city are likely to be greater than $46 million, once reductions in various grant programs are factored in, Signore said - denying Kriss' claim that the city's budget will grow.

"I'm not expecting that," Signore said. "With the sharp decline in your second-largest source of revenue, I question how he makes the prediction." Boston's property tax base has grown by roughly $50 million annually over the past few years but Menino's spokeswoman Carole Brennan insisted the money has already been built into the budget.

"That money is all accounted for," Brennan said. "It's not like it's a fluke extra that we can play with or just go on vacation with."

Kriss also teed off yesterday on labor unions, warning that entrenched laws such as civil service and the anti-privatization Pacheco Law are sending the state's finances into a "death spiral."

Romney's budget proposes doing away with both laws, pulls state managers out of unions, and gets rid of "bumping rights" that allow workers with seniority to take jobs for which they're not qualified.

Past efforts to reform such practices have been "half-hearted" because politicians fear the unions' historical clout, Kriss said.

But Romney received "zero union endorsements" beyond one group of state police, Kriss said. "Let's engage the battle," he said.

Union leaders predicted the strongly pro-union Legislature would rally and spike Romney's plans, which they dismissed as political.

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The Patriot Ledger
Thursday, February 27, 2003

Editorial
Another Massachusetts revolution

Governor Mitt Romney's plan to shake up and reorder state government is hitting Beacon Hill like a thunder bolt.

We cannot support every proposal the governor has made, but he deserves credit for doing exactly what he said he would do during the campaign: Bring genuine change to state government. The political veterans scoffed when candidate Romney talked about streamlining and eliminating waste and inefficiency. But in a matter of weeks, he has a plan that may be overly optimistic in projected savings but is groundbreaking in the way it would reshape state services and agencies.

In health and human services - the crucial spending area - Romney wants to retain services while consolidating overhead operations. That means eliminating administrative offices left and right, in Boston and around the state. He reasons every agency does not need its own accounting, human resources and similar offices. They would be consolidated. It's a private sector idea that makes good sense for state government.

Jobs will be lost. The goal is to improve services delivery by accomplishing savings elsewhere. Anyone familiar with problem families knows there must be a more efficient way to help them than to have separate social workers in many agencies working on parallel tracks.

Romney cited 12 different state agencies that have workforce training programs. That must change.

The governor also wants managers to be just that, and not union members. That'll cause apoplexy throughout the system, but who can argue with this sound logic?

The reorganization plan contains other proposals that will energize state employee unions as never before. But this is a battle that needs to be fought. The structure and rules of state government have not changed in 30 years. No organization - especially a $20 billion one - can afford to remain stagnant.

The initial reaction to the governor's plans has been typically sour. Legislators are, first and foremost, wedded to a series of special interests whose main goal is to preserve the status quo. The new Senate president, Robert Travaglini, earlier sounded the call for new taxes, and he'll have many seconds.

The governor made it clear Tuesday that he will not countenance new taxes at this time. In his State of the State Address, he was talking to Massachusetts voters, who not only elected him but nearly voted to end the state income tax.

This is the beginning of a new and critical campaign for the financial future of Massachusetts. Romney calls it common sense versus politics as usual.

The Legislature, local leaders, everyone with an interest in keeping Massachusetts strong, must act responsibly. Those who don't like Romney's ideas have a duty to devise their own prescriptions for change.

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The Lowell Sun
Thursday, February 27, 2003

Editorial
Real reform

Gov. Mitt Romney's crusade for government reform by rooting out patronage, eliminating redundant jobs and restructuring agencies is eight weeks old and showing no signs of abating. His plans offer a great deal for the Legislature to consider and act on.

The goal is to reduce the size and cost of government, retain essential public services and improve efficiencies.

Romney's ambitious reorganization has targeted the patronage-laden Metropolitan District Commission, the inefficient court system, the ever-expanding health and human services divisions and bureaucratic-rich higher education.

There are a host of valid reasons to accept the governor's measures in one sweeping legislative vote, the most compelling being that Romney has a mandate from voters who elected him.

Some legislators, however, are pressing the governor for a piece-by-piece package, saying this will give them more time to study and control the process.

Certainly, there is room for compromise. That legislators are willing to listen to the governor's groundbreaking ideas is a sign they know change is in order.

But let's not fool ourselves and neither should Romney be snookered by the overtures: the status quo has ruled the Legislature for decades and it will be hard to eradicate a mindset that caters to public employee union lobbyists and workers.

To that end, the governor's got Article 87 of the state Constitution up his sleeve. Once exercised, it gives the Legislature 60 days to act on Romney's restructuring plans in a single yes or no vote. In fact, the clock is now ticking toward a May showdown.

Lawmakers should use the time remaining to suggest changes in Romney's plan that will help facilitate a successful reorganization of government.

What they shouldn't do, however, is mount a defense of the present system as adequate and in need of only minor changes to improve it.

The Commonwealth is long overdue for a major overhaul to restore public confidence in state government and the way it operates.

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