CITIZENS   FOR  LIMITED  TAXATION
and the
Citizens Economic Research Foundation

CLT UPDATE
Thursday, February 12, 2009

Another in an endless rollout of new taxes


Gov. Deval Patrick is considering asking the Legislature to raise the Massachusetts gasoline tax by 27 cents per gallon as part of a comprehensive package aimed at solving lingering state transportation problems, The Associated Press learned today.

Such an increase would stave off a doubling of Massachusetts Turnpike tolls planned for this spring, and finance a wholesale change in the way state runs its transporation system, but leave it with the highest gasoline tax in the nation at 50.5 cents. And the plan calls for increasing that tax annually, based on the Consumer Price Index, starting Jan. 1, 2011....

Trips would be measured by a chip installed in a vehicle inspection sticker as soon as 2014, and in-state drivers would receive a gas-tax refund for their mileage to avoid double payments. Out-of-staters would remain subject to the higher gasoline tax....

The Registry would continue to regulate drivers and vehicle licensing while developing the VMT — or Vehicle Miles Traveled — program. Inspection fees would increase by $10 per year to fund "RMV modernization," according to the draft.

Associated Press
Monday, February 9, 2009
Gov. mulls gas tax hike to highest-in-nation 50.5-cents


Governor Deval Patrick is considering raising the state's gasoline tax by as much as 29 cents per gallon, which would at once give Massachusetts the highest state gas tax in the country while generating enough revenue to potentially rid the Massachusetts Turnpike of tolls....

The gas tax in Massachusetts is 23.5 cents per gallon, which has not been substantially increased since 1991. A 29-cent increase would bring the state's tax to 52.5 cents per gallon. New York currently has the nation's highest state gas tax, at 41.3 cents per gallon....

Senate President Therese Murray, who has not seen any plans and said the governor did not bring it up yesterday in a leadership meeting, also offered a tepid response.

"We've been very clear: reform before revenue," Murray said in an interview. "There hasn't been any reform. We filed a 268-page reform, and we expect it to be looked at and enacted before we go to revenue." ...

Patrick is also considering a new system that would charge drivers based on the miles they travel. Those trips would be measured by a chip installed in a vehicle inspection sticker.

The Boston Globe
Tuesday, February 10, 2009
Governor not certain on gas tax hike
Patrick's options range to 29 cents


Bay State businesses blasted an eye-popping 27-cent gas tax hike proposal yesterday being considered by Gov. Deval Patrick, saying the increase will send companies and customers fleeing across the state’s borders.

Critics also condemned the proposed boost - which would raise the tax to a highest-in-the-nation 50.5 cents - as a double whammy for drivers inside Route 128 who would still face tolls on top of the hike.

“They’ll be paying this increased gas tax as well as tolls. It will only further the inequity that already exists,” said Massachusetts Turnpike Authority board member Mary Connaughton.

Paul O’Connell, executive director of the New England Service Station and Automotive Repair Association, said raising the gas tax by 27 cents would cause a “flight to New Hampshire” by motorists seeking lower prices.

The Boston Herald
Tuesday, February 10, 2009
Gas tax hike fuels business ire
Deval Patrick considers 27-cent increase


Lawmakers and civil libertarians yesterday assailed an Orwellian-style transponder chip Gov. Deval Patrick is considering for Bay State inspection stickers - fearing the device could be hijacked and misused for Big-Brother-type tracking.

The chip would be the centerpiece of a user-fee system to toll motorists per mile driven, but the thought of employing such technology set off alarms that the information collected could reflect everything from speed of the trip to potential insurance fraud....

ACLU spokesman Chris Ott said lawyers at the civil liberties group still worry about privacy implications.

“If this system somehow gives them the ability to map everywhere you’ve been in your car, that’s very concerning,” Ott said.

And some residents said such information amounts to the government spying on its own citizens.

The Boston Herald
Wednesday, February 11, 2009
Foes spy security holes in tax plan
Car chip steers debate


In the words of President Obama, “this is not your ordinary, run-of-the-mill recession.”

And let it be noted that our own Gov. Deval Patrick is responding not with “ordinary, run-of-the-mill” ideas for generating revenue, but with ideas so burdensome they will encourage people to leave the state if not entirely, then at least long enough to fill up the gas tank.

Hinting that Massachusetts drivers might have to pay the highest gas tax in the nation - at 50.5 cents, more than double what they are paying now - betrays an appalling disconnect from the struggles of Bay State residents....

If this is a trial balloon, expect the administration’s actual transportation “reform” proposal to be more modest for which we are supposed to be grateful.

At the end of the day even Obama understands that raising taxes during a recession is a terrible idea. But whether it’s candy bars, Coca-Cola or gasoline our governor disagrees.

A Boston Herald editorial
Wednesday, February 11, 2009
Gas tax madness


He really wants a 15 cents per gallon increase. By asking for 27 cents and then lowering it to 15 cents, he is hoping that voters will not be so angry. Furthermore, while taxpayers are fighting to lower the proposed gas tax hike, no one is paying attention to the fact that toll booths are remaining in place. Remember, toll critics wanted all the toll booths removed in exchange for raising the gas tax.

Massachusetts taxpayers would be crazy to accept any increase in the gas tax that does not include abolishing tolls statewide. Once Beacon Hill politicians get the new gas tax revenue, they will be back with a smaller toll hike. They are addicted to our money.

Do you think Governor Patrick’s re-election signs will read: Together We Can in Taxachusetts?

I am starting to think that ‘hope’ and ‘change’ are the new code words for tax and spend.

The Boston Herald
Wednesday, February 11, 2009
The Massachusetts gas tax bait and switch
By Holly Robichaud


A proposed 27-cent-a-gallon gas tax hike is a nonstarter with some North Shore lawmakers.

"Obviously, I'm not in favor of it," said state Rep. Joyce Spiliotis, D-Peabody. "The people I represent are barely making it now. They are hurting. ... We can't tax our way out of this."

Local lawmakers were opposed to the gas tax hike designed to offset $7 tunnel tolls and make changes to the way the state runs its roads, bridges, trains and planes.

The Salem News
Wednesday, February 11, 2009
Gas tax hike a no-go with lawmakers


Just when, and on what basis, did the Patrick administration conclude that Massachusetts residents are eager to pay more in taxes? ...

Perhaps it was last November's vote against repeal of the income tax that sparked this taxing frenzy.

Taxpayers no doubt feared the consequences of so drastic a step. But we don't think the message was, "May I have some more, sir?"

Yet there's even talk in the report obtained by AP of tying the gas tax to the Consumer Price Index so increases would become automatic. After all, it worked for legislators who only a few years ago convinced voters to approve automatic pay raises so they might be spared the pain of voting on them.

A Salem News editorial
Wednesday, February 11, 2009
Taxing made easy


The governor and his advisers are plotting ways to reap more tax revenue from taxpayers doing nothing more than driving their cars.

It's too bad Patrick isn't as thoughtful and creative in looking for ways to reduce spending. Apparently, all the administration's brainpower is consumed in dreaming up new ways to tax Bay State residents....

Massachusetts took years to shed the "Taxachusetts" label. Patrick and his administration seem all too willing to apply it to the state once more.

An Eagle Tribune editorial
Wednesday, February 11, 2009
Patrick wants to squeeze more out of drivers


Governor Deval Patrick was against raising the state's gasoline tax before he was for it.

Now, he's for it. Probably. But, like Treasury Secretary Timothy Geithner, don't push him on the details....

When it comes to a gas tax hike, the time for hedging is over. It is time to lead.

The Boston Globe
Thursday, February 12, 2009
Patrick and the gas tax: Will he or won't he?
By Joan Vennochi


John A. Brennan Jr. won plaudits when he resigned after 19 years of service as a member of the Malden Public Library Board of Trustees, a volunteer seat he held despite his busy career as one of Beacon Hill's most influential lobbyists.

But a closer look at the record shows that Brennan, a 63-year-old former state senator who departed the Legislature in 1990, barely attended monthly library board meetings during the last four years, missing 30 out of 36 meetings.

His application for retirement benefits last December may explain why he hung onto the post for so long. An obscure 1998 legislative amendment that originated among Brennan's former Senate colleagues allowed him to fold the years he volunteered on the Malden library board into his pension calculation, doubling his taxpayer-supported pension.

Instead of receiving $19,097 a year in retirement based on 16 years as a full-time legislator in the 1970s and 1980s, he will receive a $41,088 annual pension for the combination of his legislative and library service, according to estimates based on his retirement application....

Brennan's case is a prime example of pension practices on Beacon Hill in which obscure amendments and bills that fly through the Legislature with little attention are often worth thousands of dollars for certain retirees....

In his letter stepping down from the library board of trustees in November 2008, Brennan cited "the increasing demands of work and other board memberships."

There might have been another explanation for the timing. By November, Brennan had logged 34 years and 10 months of public service, according to the retirement application. That was precisely the amount of time he needed to get the maximum possible pension under state law.

It signaled the end of Brennan's public service.

The Boston Globe
Wednesday, February 11, 2009
Increasingly light library board duty
doubled pension of former senator


Chip Ford's CLT Commentary

Another week, another tax increase proposed by Gov. Deval Patick.  This is the guy who campaigned on property tax relief.  How much has that promise saved anyone yet?  "Hope" and "Change"?  Yeah, we've seen a lot of that too since he's been governor.  He hopes to take more from us; the only change is what will remain in our pockets if Deval gets all his tax hikes.

After three and a half Republican governors, Taxachusetts is back shooting for Number One again, this time with the highest gas tax in the nation.  Goodness gracious, we can't be outdone by any other state, especially after missing the gold medal just last year.  He and the Legislature last July hiked the cigarette tax by a buck a pack to a whopping $2.51, which brought Taxachusetts almost to highest in the nation, behind only New York's $2.75.  How embarrassing, only Number Two; beaten out for the honor by a mere 24 cents a pack.  We can do better this time with the gas tax hike!  "Together we can!"

The week before it was more sales taxes on alcohol, soft drinks, candy, meals and whatnot, and of course increases in Registry of Motor Vehicle fees, always a favorite as an easy mark  -- $587 million worth of new and increased taxes and fees that first week of February.

Before that came his plan to hike tolls on the Mass. Turnpike to 7 bucks.

And let's not forget his plan to invade New Hampshire and grab all the tax scofflaws not paying sales tax up there, bring them to justice.  And his idea to add more tollbooths at the border crossings.

This tax-crazed governor can't stop, he can't help himself.  He's begun to put even Michael Dukakis -- the last tax-and-spend Democrat governor -- to shame.  He wants badly to go down in the annals as Taxachusetts' Numero Uno tax-and-spender, and is well on his way to snatching the title from "The Duke."

It was only three months ago when the battle was over whether or not the state income tax would be repealed on the November ballot.  The weak-kneed 70 percent who voted against it are certainly getting what they voted for now:  Even more and higher taxes.  Unknowingly they sent a message, and it was perceived loud and clear -- as we warned it would be translated.

But Taxachusetts "needs the money," we're assured.  We're in a recession, the worst since the Great Depression.  Except that the Great Depression last century wasn't brought on by government overspending like this one.

More of our money is demanded, required to run state government's "fixed costs."  After all, someone needs to keep benefits-bloated public employees, formerly called "public servants," fat and happy, living in the style to which they've become accustomed.  Just ask former state Senator John A. Brennan Jr., who recently managed to jack up his pension for life from $19,097 a year to $41,088 by playing the Insiders' Game.  John, you see, used a little known (created especially just for him) loophole that let him count the past 19 years as a library "volunteer" to fatten his taxpayer-funded kiss in the mail.

Somebody's got to make up the cost for Former Senator John's creativity, and that of the thousands of other payroll patriots.

Chip Ford

P.S.  My last commentary was published in the Salem News on Wednesday, February 11, 2009 as "Tax grab may come back to haunt Bay State"


Associated Press
Monday, February 9, 2009

Gov. mulls gas tax hike to highest-in-nation 50.5-cents


Gov. Deval Patrick is considering asking the Legislature to raise the Massachusetts gasoline tax by 27 cents per gallon as part of a comprehensive package aimed at solving lingering state transportation problems, The Associated Press learned today.

Such an increase would stave off a doubling of Massachusetts Turnpike tolls planned for this spring, and finance a wholesale change in the way state runs its transporation system, but leave it with the highest gasoline tax in the nation at 50.5 cents. And the plan calls for increasing that tax annually, based on the Consumer Price Index, starting Jan. 1, 2011.

A policy draft obtained Monday by the AP said the added taxes would be dedicated to paying down the debt of the Massachusetts Bay Transportation Authority, funding regional transit authorities and revamping tolls on the Turnpike.

Tolls would be removed west of Route 128 by the end of next year. Tolls within Route 128, from Weston to Boston, would come down as the state shifts to a program of tracking — and charging — all Massachusetts drivers based on the miles they travel.

Trips would be measured by a chip installed in a vehicle inspection sticker as soon as 2014, and in-state drivers would receive a gas-tax refund for their mileage to avoid double payments. Out-of-staters would remain subject to the higher gasoline tax.

New York currently has the nation’s highest state gas tax, at 41.3 cents per gallon.

"The Patrick administration recognizes that a greener, more fuel-efficient transportation system means that the gas tax will become a less viable (means) of funding our transportation system," said the document prepared by Transportation Secretary James Aloisi. "A user-fee based system, collected electronically, is a fair way to pay for our transportation needs in the future."

The draft says the "average user will pay about an additional $120 per year, less than the cost of two small Dunkin’ Donuts coffees per week." Last month, Aloisi downplayed a new $6 annual Turnpike Fast Lane transponder fee as less than the cost of his turkey sandwich that day.

An administration spokesman said the governor has made no final decisions about his plan, which he has promised by the end of the month.

"We’re finalizing our transportation reform plan," said Joe Landolfi, Patrick’s communications director. "It will be a comprehensive initiative, but no final decisions have been made — especially on a gas tax."

Patrick has repeatedly said that he opposes any broad-based tax increase without accompanying policy reforms, yet the Turnpike Authority’s vote in November to hike tolls effective this spring touched off a public rebellion and a search for alternatives.

Under the Turnpike plan, tolls at the Boston Harbor tunnels would increase from $3.50 to $7, while tolls for cars traveling inbound at the Weston and Allston booths would rise from $1.25 to $2. Patrick has already proposed eliminating western Massachusetts tolls.

The scale of the projected toll increases has created an environment where legislators are openly debating the kind of massive transportation overhaul favored by Patrick, as well as a gas tax increase as a more equitable means of charging drivers for using public roads.

Rep. David Linsky, a Natick Democrat who represents MetroWest Turnpike users, has filed a bill proposing an even greater gas tax increase than the governor, 29 cents per gallon.

Meanwhile, Senate President Therese Murray and Sen. Steve Baddour, co-chairman of the Joint Committee on Transportation, filed legislation last week that embodies their own overhaul proposal, and the new House speaker, Robert DeLeo, has said passing a bill will be one of his first priorities.

The MBTA has $5.1 billion in debt, while the Turnpike has $2.3 billion in debt, much of it from inherited repayments costs for the $15 billion Central Artery project.

Under Patrick’s plan, the state would streamline its disparate transportation agencies into four divisions: Highway, Rail and Transit, Aviation and Port, and Registry of Motor Vehicles.

The state would also have a Massachusetts Transportation Trust Fund that would be a protected repository for gasoline taxes, Registry fees, tolls, MBTA fares and other transportation funding.

The plan calls for the state’s Highway Division to receive $325 million, or 12.5 cents, of the added 27 cents-per-gallon gas tax. The MBTA would receive $286 million, or 11 cents, while the regional transit authorities would receive $39 million, or 1.5 cents.

The Highway Division would oversee all state-owned roads and bridges, except for Department of Conservation and Recreation parkways and bridges and the Tobin Bridge. It would continue to collect tolls at the Boston Harbor tunnel crossings, as well as the state borders with New York and Connecticut.

The Rail and Transit Division would encompass the MBTA and the regional transit authorities, while the Aviation Division would assume the functions of the Massachusetts Aeronautics Commission. The Massachusetts Port Authority would remain an independent entity within the division, overseeing Logan International Airport and Hanscom Field in Bedford.

The Registry would continue to regulate drivers and vehicle licensing while developing the VMT — or Vehicle Miles Traveled — program. Inspection fees would increase by $10 per year to fund "RMV modernization," according to the draft.

The proposal also includes changes for Massport, including mandating a $2 parking fee increase so the authority can contribute to mutually beneficial transportation initiatives. The proposal would have the transportation secretary become Massport’s board chairman, a potentially controversial element after agency leadership was professionalized following the terrorist hijackings at Logan on Sept. 11, 2001.

In perhaps one effort to build political support for the program, Patrick is considering expanding a resident toll discount program from Charlestown, South Boston, East Boston and the North End to include Winthrop — DeLeo’s hometown.

Residents would be charged 50 cents more than a one-way MBTA fare to encourage the use of public transportation, with their payment increasing in step with future MBTA fare increases.

Some of those residents currently pay only 40 cents to use the tunnels, since they are forced to use it to reach the remainder of the city.


The Boston Globe
Tuesday, February 10, 2009

Governor not certain on gas tax hike
Patrick's options range to 29 cents
By Matt Viser


Governor Deval Patrick is considering raising the state's gasoline tax by as much as 29 cents per gallon, which would at once give Massachusetts the highest state gas tax in the country while generating enough revenue to potentially rid the Massachusetts Turnpike of tolls.

But administration officials, responding yesterday to a leak reported in the media, said the governor also was considering a gas tax increase as low as 5 cents and that no decisions have been made.

The gas tax in Massachusetts is 23.5 cents per gallon, which has not been substantially increased since 1991. A 29-cent increase would bring the state's tax to 52.5 cents per gallon. New York currently has the nation's highest state gas tax, at 41.3 cents per gallon.

Patrick last month released a budget that includes a host of tax and fee increases, on everything from candy and soft drinks to alcohol and car registrations. Conspicuously absent was a gas tax increase, which transportation specialists and lawmakers have advocated as the fairest way to solve the state's chronic shortages of highway and bridge money.

Administration sources refused to speak on the record yesterday or to make any top officials available for interviews, including Transportation Secretary James Aloisi. The Associated Press reported the contents of a draft proposal that included a 27-cent per gallon increase. Two administration officials later said that was only one of many options for an increase that range from 5 cents to 29 cents.

The reports yesterday angered top lawmakers with transportation expertise who have not been briefed by the administration but who have been prodding the governor to take a leadership role on a gas tax for months.

"I come from the school where the number one rule is no surprises," said Representative Joseph Wagner, a Democrat from Chicopee who has been the House's top transportation official. "These proposals are surprises. It's not my preferred way of doing business.

"Perhaps it's time for the administration to forward to the Legislature a proposal for reform," he added. "Then we won't see piecemeal things going on with tolls and taxes without any substance of proposed legislation."

Senate President Therese Murray, who has not seen any plans and said the governor did not bring it up yesterday in a leadership meeting, also offered a tepid response.

"We've been very clear: reform before revenue," Murray said in an interview. "There hasn't been any reform. We filed a 268-page reform, and we expect it to be looked at and enacted before we go to revenue."

In addition to removing tolls, the added gas tax could also be used to pay down the debt of the Massachusetts Bay Transportation Authority.

How much debt is paid - and how many tolls are removed - would depend on how much the gas tax is raised, according to administration officials.

Patrick is also considering a new system that would charge drivers based on the miles they travel. Those trips would be measured by a chip installed in a vehicle inspection sticker.

Patrick's plan would also streamline the state's myriad transportation agencies into four distinct divisions: highway, rail and transit, aviation, and the Registry of Motor Vehicles. He also plans to outline overhauls to the MBTA's pension system.

Patrick has downplayed talk of a gas tax increase and sought to focus on toll increases as a way to pay off debt. In recent weeks, he has said that if there was a gas tax, it should be high enough to not only avoid the latest round of toll increases but to remove toll booths completely, or avoid sharp increases in the future.

The Turnpike Authority board gave preliminary approval to toll increases in November that would double cash tolls to $7 at the Sumner and Ted Williams tunnels and raise tolls at the Weston and Allston-Brighton booths to $2 from $1.25.

Former House speaker Salvatore F. DiMasi in November endorsed a gas tax increase instead of toll increases, but his successor, Speaker Robert A. DeLeo, has been less definitive.

"Whether it's a toll issue, whether it's a gas tax issue - those all have to be on the table," DeLeo said in a recent interview. "The days [are over] of saying that no, we can't have tolls, we can't have gas tax, we can't have either."


The Boston Herald
Tuesday, February 10, 2009

Gas tax hike fuels business ire
Deval Patrick considers 27-cent increase
By Hillary Chabot and Jay Fitzgerald


Bay State businesses blasted an eye-popping 27-cent gas tax hike proposal yesterday being considered by Gov. Deval Patrick, saying the increase will send companies and customers fleeing across the state’s borders.

Critics also condemned the proposed boost - which would raise the tax to a highest-in-the-nation 50.5 cents - as a double whammy for drivers inside Route 128 who would still face tolls on top of the hike.

“They’ll be paying this increased gas tax as well as tolls. It will only further the inequity that already exists,” said Massachusetts Turnpike Authority board member Mary Connaughton.

Paul O’Connell, executive director of the New England Service Station and Automotive Repair Association, said raising the gas tax by 27 cents would cause a “flight to New Hampshire” by motorists seeking lower prices.

“A lot of our members operate near borders, and this could put them out of business,” he warned. “My gut instinct is that this stinks.”

The tax hike would be levied instead of $7 tunnel tolls and other Pike hikes to pay off Big Dig and MBTA debt. Tolls would be removed west of Route 128 by the end of next year.

The state would work to implement a pay-per-mile system by 2014 to eliminate tolls inside of Route 128. Officials would track auto use through a chip inside the state’s vehicle inspection sticker. Drivers could get a gas tax refund to avoid double billing.

O’Connell said the Patrick administration is making it harder for businesses, with its call to slap new taxes on candy, soda and alcohol.

“How much can the business community take?“ he asked.

But Rick Lord, president of the influential Associated Industries of Massachusetts, said that “broad-based financing” of the transportation system is the “most equitable” way to go - and gas taxes are the most “approriate” way to approach the problem.

Asked if an increase might hurt service stations near the borders with other states, Lord said, “The reality is we have an older infrastructure system” that needs finances and repairs.

State Rep. Steve Walsh (D-Lynn), who has called for a gas tax instead of a proposed toll hike, called the measure a good first step.

Meanwhile, a State House source said the proposal caught many legislators by surprise. Senate President Therese Murray rejected the gas tax hike, but House Speaker Robert DeLeo issued a reserved statement on the plan.


The Boston Herald
Wednesday, February 11, 2009

Foes spy security holes in tax plan
Car chip steers debate
By Hillary Chabot


Lawmakers and civil libertarians yesterday assailed an Orwellian-style transponder chip Gov. Deval Patrick is considering for Bay State inspection stickers - fearing the device could be hijacked and misused for Big-Brother-type tracking.

The chip would be the centerpiece of a user-fee system to toll motorists per mile driven, but the thought of employing such technology set off alarms that the information collected could reflect everything from speed of the trip to potential insurance fraud.

“The problem with this chip is we don’t have the technology to protect someone’s privacy,” said Sen. Steve Baddour, who has filed a comprehensive transportation reform bill with Sen. President Therese Murray.

Patrick said the technology is still in development, but added the chip would work like the Fast Lane transponder. Drivers place the transponder in their car and a tollbooth reads where and when the driver passed through the toll and charges the motorist accordingly.

“I like any idea that’s faster and cheaper and simple, and gets maximum value,” Patrick said about the plan, which is also under consideration in Oregon. Transportation Secretary James Aloisi said any new technology “would take into account all legal and privacy safeguards.”

But ACLU spokesman Chris Ott said lawyers at the civil liberties group still worry about privacy implications.

“If this system somehow gives them the ability to map everywhere you’ve been in your car, that’s very concerning,” Ott said.

And some residents said such information amounts to the government spying on its own citizens.

“People could learn to manipulate the system,” said James MacGillivaray, 44 of Salem, a teacher in Boston. “I wonder how secure it would be. ”

Steve Silveira, who chaired the group charged with deciding how to pay for the state’s infrastructure, said all cars could have transponders implanted in them anyway.

The chip idea is part of a flood of transportation revenue proposals under review, including a 29-cent gas-tax increase, and tolls at the New Hampshire and Rhode Island borders.

Patrick said he changed his stance and is considering putting tolls at the borders because of infrastructure needs and federal willingness.

“I have a clearer idea every day of how serious the challenge is before us all,” Patrick said. “Our roads are not free.”

Eva Wolchover contributed to this report.


The Boston Herald
Wednesday, February 11, 2009

A Boston Herald editorial
Gas tax madness


In the words of President Obama, “this is not your ordinary, run-of-the-mill recession.”

And let it be noted that our own Gov. Deval Patrick is responding not with “ordinary, run-of-the-mill” ideas for generating revenue, but with ideas so burdensome they will encourage people to leave the state if not entirely, then at least long enough to fill up the gas tank.

Hinting that Massachusetts drivers might have to pay the highest gas tax in the nation - at 50.5 cents, more than double what they are paying now - betrays an appalling disconnect from the struggles of Bay State residents.

You know, the folks who have to fuel up an old clunker to get to job interviews, the car they keep patching up because they can’t afford a replacement. The folks who have to hand over cash to Turnpike toll takers who, under the plan that leaked this week, might still be sitting in their booths planning a comfy retirement.

Yes, the plan authored by Transportation Secretary James Aloisi might eliminate tolls west of Route 128, and that would mean killing some Turnpike jobs. But not all of them.

And then there is this business about implanting a chip in our inspection stickers, with the promise of refunding a portion of the new gas tax to avoid hitting drivers with both the new tax and remaining tolls. That “reform” might come in 2014. But don’t bet the minivan on it.

With this gas tax talk the administration has ticked off legislative leaders, who haven’t been briefed yet. And yesterday, incredibly, Patrick also mused about the possibility of erecting tollbooths along the borders that don’t currently have them.

“It’s not a particularly good time for people to be thinking about additional costs in their lives, but there are choices we’re having to make,” he told reporters. Spoken like someone who truly feels your pain.

If this is a trial balloon, expect the administration’s actual transportation “reform” proposal to be more modest for which we are supposed to be grateful.

At the end of the day even Obama understands that raising taxes during a recession is a terrible idea. But whether it’s candy bars, Coca-Cola or gasoline our governor disagrees.


The Boston Herald
Wednesday, February 11, 2009

The Massachusetts gas tax bait and switch
By Holly Robichaud / The Lone Republican


Governor Deval Patrick is now officially a Beacon Hill insider. His gamesmanship on gas taxes vs. tolls has won him this distinction.

First, Governor Patrick and the Massachusetts Turnpike propose raising tolls to an outrageous amount of $7. Commuters and metro west residents scream over being saddled with the heavy burden. As a result people warm to a small hike in the gas tax to spread the burden across the entire state in an attempt to be fair.

Now Governor Patrick suggests raising the gas tax a whopping 27 cents per gallon. He knew there would be massive opposition to increasing the tax by 100%.

So why do it? He really wants a 15 cents per gallon increase. By asking for 27 cents and then lowering it to 15 cents, he is hoping that voters will not be so angry. Furthermore, while taxpayers are fighting to lower the proposed gas tax hike, no one is paying attention to the fact that toll booths are remaining in place. Remember, toll critics wanted all the toll booths removed in exchange for raising the gas tax.

Massachusetts taxpayers would be crazy to accept any increase in the gas tax that does not include abolishing tolls statewide. Once Beacon Hill politicians get the new gas tax revenue, they will be back with a smaller toll hike. They are addicted to our money.

Do you think Governor Patrick’s re-election signs will read: Together We Can in Taxachusetts?

I am starting to think that ‘hope’ and ‘change’ are the new code words for tax and spend.


The Salem News
Wednesday, February 11, 2009

Gas tax hike a no-go with lawmakers
By Ethan Forman


A proposed 27-cent-a-gallon gas tax hike is a nonstarter with some North Shore lawmakers.

"Obviously, I'm not in favor of it," said state Rep. Joyce Spiliotis, D-Peabody. "The people I represent are barely making it now. They are hurting. ... We can't tax our way out of this."

Local lawmakers were opposed to the gas tax hike designed to offset $7 tunnel tolls and make changes to the way the state runs its roads, bridges, trains and planes.

Gov. Deval Patrick's proposal, which was contained in a policy draft that The Associated Press obtained, would avoid steep toll increases and pay down Massachusetts Bay Transportation Authority debt. It would also give the Bay State the highest gas tax in the nation at 50.5 cents a gallon, given the 23.5-cent tax in place now.

Local state reps want lower tolls and a reform of the state transportation system first, and if the gas tax is hiked, tolls should take a hike, they said.

"We should reform first, gas tax second," said state Rep. Brad Hill, R-Ipswich, who said he preferred to cut government waste before raising money "to support that trough."

"We should go line item by line item and see where we should carve the pork," Hill said.

Yesterday, Hill said he had received 30 e-mails from constituents on the gas tax increase, with 28 opposed and two favoring it.

"I think that 27 cents seems excessive," said state Rep. Ted Speliotis, D-Danvers. "I don't think people in this economic climate are screaming for us to solve every transportation problem in the commonwealth." People are facing more pressing needs, like losing their homes.

"I don't think you can look at the gas tax in a vacuum," said state Rep. John Keenan, D-Salem, who has fought against toll hikes. Keenan favored state government reforms championed by the state Senate.

"The Senate is correct. We need reforms instead of revenues," said Keenan, who added that these reforms, such as combining some state agencies, may not bring in the savings needed to pay off the massive debts the state is saddled with.

"I can't believe it comes close to filling the gaps," Keenan said.

Keenan said the state needs "a sustainable source of revenue."

"If it were 27 cents and we had no tolls in the commonwealth, maybe," Keenan said.

A state transportation finance commission last year recommended an 11-cent gas tax increase, Keenan said, and his guess was any increase would be more along those lines.

"I favor a comprehensive approach to transportation reform," said state Rep. Lori Ehrlich, D-Marblehead. "If the gas tax is raised, I want the burden eased by lowering the tolls on the North Shore."

She favored restructuring the Big Dig debt, consolidating state agencies and "regional equity in toll collection if tolls are used at all."

Hill said the governor's proposal would bring down toll booths in the western part of the state, but not on the North Shore.

Hill said the North Shore is hit by three T's: "tunnels, the Tobin, the tax."

There were reports yesterday Patrick favored more local tolls coming down if the gas tax were to increase. Patrick is also exploring charging tolls to motorists crossing the state's borders.

A representative of Rhode Island-based AAA Southern New England said the member-driven automobile association would consider a gas tax hike but was not endorsing Patrick's.

"I think our position is we would certainly be open to taking a long, hard look at a gas tax for a couple of reasons," said Mary Maguire, AAA's director of public and legislative affairs. Gas taxes can be used to fix crumbling bridges and roads, she said.

"We feel it would have to be used for transportation initiatives," Maguire said.

Calls were placed to state Rep. Mary Grant, D-Beverly, and Beth Mullen, an aide to Senate Majority Leader Fred Berry, D-Peabody, but were not returned.

Material from The Associated Press was used in this report.


The Salem News
Wednesday, February 11, 2009

A Salem News editorial
Taxing made easy


Just when, and on what basis, did the Patrick administration conclude that Massachusetts residents are eager to pay more in taxes?

Fresh off his proposal to expand the taxing authority of cities and towns to include a surcharge on meals and/or hotel rooms, The Associated Press reports that the governor is also considering a doubling of the gasoline tax.

Perhaps it was last November's vote against repeal of the income tax that sparked this taxing frenzy.

Taxpayers no doubt feared the consequences of so drastic a step. But we don't think the message was, "May I have some more, sir?"

Yet there's even talk in the report obtained by AP of tying the gas tax to the Consumer Price Index so increases would become automatic. After all, it worked for legislators who only a few years ago convinced voters to approve automatic pay raises so they might be spared the pain of voting on them.


The Eagle Tribune
Wednesday, February 11, 2009

An Eagle Tribune editorial
Patrick wants to squeeze more out of drivers


As Merrimack Valley residents contemplate the traffic choking nightmare of tolls on Interstate 93, Gov. Deval Patrick is looking forward to the day when every road can be a toll road.

The governor and his advisers are plotting ways to reap more tax revenue from taxpayers doing nothing more than driving their cars.

It's too bad Patrick isn't as thoughtful and creative in looking for ways to reduce spending. Apparently, all the administration's brainpower is consumed in dreaming up new ways to tax Bay State residents.

First, there's the simple, low-tech method for extracting more money from drivers. Patrick is considering a 27-cents-a-gallon hike in the state's gas tax. That would make the gas tax in Massachusetts the highest in the nation.

Gas in Massachusetts already comes with taxes of 41.9 cents per gallon — 18.4 cents of which is the federal gasoline tax. The increase would put the total gas tax in Massachusetts at 68.9 cents per gallon.

If this increased tax were enacted today, the price of a gallon of unleaded would instantly jump from $1.89 to $2.16.

Then there's the more high-tech way to tax drivers. According to The Associated Press, the state is moving toward a system in which an electronic chip would be placed in every Massachusetts car's inspection sticker. The chip would allow the state to tax drivers based on the number of miles they travel.

The chips could be in inspection stickers by 2014. Drivers would get rebates on their state gas tax so they are not being doubly taxed for the same miles driven. Out-of-state drivers would pay the full gas tax when they fill up in Massachusetts.

Patrick is pitching the chips-on-cars plan as part of an "open-road tolling" scheme. Think of open-road tolling as a kind of mandated E-ZPass or Fast Lane system. Travel lanes would not need to pass through a toll booth. All that is needed is an electronic checkpoint to read the computer chips and deduct the toll from each driver's account.

Patrick again this week raised the possibility of adding tolls to I-93 near Salem, N.H., and on other border-crossing highways.

But don't think the governor's long-term vision is limited to these major roads.

State Sen. Steven Baddour, D-Methuen, chairman of the Transportation Committee, says open-road tolling is a gateway to something called the "vehicle miles tax."

With the right technology, the chips on cars can be tracked by satellite. Then the state can assess a tax on drivers for every mile traveled. If that happens, we can all quit worrying about tolls on I-93. Then, every road would be a toll road.

It also opens up the possibility of limitless state control over how and when we drive. State policymakers could slap us with penalties for taking the Hummer instead of the Prius to the market. They could tax us more for driving into the city at rush hour. There is really no limit.

Patrick's spokesman has said the governor has made no final decision on his transportation proposals, which are expected by the end of the month. Patrick has said that reforms must accompany any revenue increases.

Baddour said the Senate is focused on reform and a gas tax hike isn't going anywhere right now. Baddour also said he doesn't think the people of Massachusetts are ready to have the state tracking their every move.

He's right there. Open-road tolling sounds reasonable enough - until one considers where it could lead. And a 27-cents-a-gallon gas tax is out of the question, regardless of what reforms ultimately are made.

Massachusetts took years to shed the "Taxachusetts" label. Patrick and his administration seem all too willing to apply it to the state once more.


The Boston Globe
Thursday, February 12, 2009

Patrick and the gas tax: Will he or won't he?
By Joan Vennochi


Governor Deval Patrick was against raising the state's gasoline tax before he was for it.

Now, he's for it. Probably. But, like Treasury Secretary Timothy Geithner, don't push him on the details.

Patrick's latest riff on the subject came after the Associated Press reported the contents of a draft proposal calling for a 27-cent-per-gallon increase. That turned out to be one of several tax increase options under consideration, ranging from 5 cents to 29 cents.

Patrick called a press conference to announce that the information was leaked and made public "before we intended it to be." He still hasn't "landed in any particular place," but he does view such a hike as a "bridge to tomorrow."

The governor backed up over that bridge before inching forward, according to a timeline compiled by the State House News Service.

During a Columbus Day parade in October 2006, Patrick, then a gubernatorial candidate, was asked whether he would rule out a gas tax and toll increases if he won election. "Yes, I do," he said.

Then, as governor-elect, he told an interviewer in December 2006 that he wanted to review a transportation committee report calling for an increase of 9 cents "before I express a point of view."

In January 2007, the new governor said, "It's not on my radar screen right now."

And so the equivocating continued.

At one point, he suggested casino revenues as an alternative. Then, he said he never opposed a gas tax hike, he just wanted taxpayers to know "it is not my first choice." In a radio appearance on WTKK in April 2008, he argued against the notion that a higher state gas tax is inevitable and called it a "crummy time" for such a step.

But last November, he told reporters, "I'm not hostile to a gas tax."

Last month, he suggested via a Boston.com chat that he might be willing to raise the gas tax, under certain conditions, as an alternative to boosting tolls. When reporters followed up, he insisted his position was unchanged. "I'm in the same place I have always been about the gas tax. I'm not hostile to it."

The state transportation system has come close to bankruptcy because of lingering debt related to the Big Dig. In December, then House Speaker Salvatore F. DiMasi got behind a gas tax hike as the way to solve the crisis.

His successor, House Speaker Robert A. DeLeo, is less definitive - as Patrick has been. The Patrick administration has launched various trial-balloon solutions, from selling Massachusetts Turnpike plazas to raising existing tolls and adding new ones at state borders. Now, Patrick must pick his path to solvency.

As a candidate, Patrick didn't want to wear the tax-and-spend label of a traditional Democrat. As governor, he doesn't want to be another Michael Dukakis, rejecting taxes on the campaign trail, only to raise them once in office after facing fiscal crisis. Dukakis lost a Democratic reelection primary after breaking his "lead-pipe guarantee" that he wouldn't raise taxes. Dukakis staged a comeback that triumphed in flush fiscal times, but bottomed out with the crash of the Massachusetts Miracle.

Republican John Volpe campaigned for governor in 1964 on the sales tax and defeated Lieutenant Governor Frank Bellotti, a Democrat, who opposed it. Volpe sent his sales tax bill to the Legislature seven times before it passed, with key backing from the business community. He was reelected in 1966.

But, Massachusetts taxpayers are angrier than they were back in the 1960s. Over the decades, high-profile political scandals undercut their trust in government. For the past year, Beacon Hill has been operating under the cloud of assorted ethics investigations and outrageous cases of pension abuse. And the crisis in confidence comes at a time of deepening economic crisis. Patrick has proposed new taxes on alcohol and soft drinks, combined with deep cuts in local aid, education, and healthcare. Even so, his budget relies on Congress and President Obama to rescue Massachusetts with $1.2 billion in federal aid from an economic stimulus package.

When it comes to a gas tax hike, the time for hedging is over. It is time to lead.


The Boston Globe
Wednesday, February 11, 2009

Increasingly light library board duty
doubled pension of former senator
By Sean P. Murphy


John A. Brennan Jr. won plaudits when he resigned after 19 years of service as a member of the Malden Public Library Board of Trustees, a volunteer seat he held despite his busy career as one of Beacon Hill's most influential lobbyists.

But a closer look at the record shows that Brennan, a 63-year-old former state senator who departed the Legislature in 1990, barely attended monthly library board meetings during the last four years, missing 30 out of 36 meetings.

His application for retirement benefits last December may explain why he hung onto the post for so long. An obscure 1998 legislative amendment that originated among Brennan's former Senate colleagues allowed him to fold the years he volunteered on the Malden library board into his pension calculation, doubling his taxpayer-supported pension.

Instead of receiving $19,097 a year in retirement based on 16 years as a full-time legislator in the 1970s and 1980s, he will receive a $41,088 annual pension for the combination of his legislative and library service, according to estimates based on his retirement application.

If Brennan collects his pension for 18 years, as actuarial tables predict he will, his pension receipts will total about $740,000. The cost of almost all of that pension, according to state law, must be split proportionately between the state and Malden, a city often strapped for cash, including a $1.5 million cut in state aid for the current year. Brennan himself has contributed about $70,000 toward his pension, mostly through a payroll deduction during his years in Legislature.

Brennan declined to comment. "I am not inclined to discuss my private matters with you," he said.

He is scheduled to begin drawing his pension at the end of this month, state officials said.

Brennan's case is a prime example of pension practices on Beacon Hill in which obscure amendments and bills that fly through the Legislature with little attention are often worth thousands of dollars for certain retirees.

Lawmakers frequently submit bills to pad the pensions of individual municipal or state workers, and occasionally these measures pass. For example, the Legislature has passed special bills in recent years giving dozens of police officers and firefighters increases in their disability pensions, with no formal medical scrutiny required.

When the amendment that Brennan capitalized upon was passed in 1998, it baffled the few who noticed it, not least because library trustees typically spend only a couple of hours a month helping to set library policy and budgets at board meetings.

"I was a bit perplexed when library trustees were singled out, because there are dozens of other public servants in a municipality who do not get this benefit," said Michael Sacco, a lawyer who represents dozens of municipal retirement boards statewide.

The law's enactment was a surprise even to the group that represents the state's library trustees.

"We only found out about it after it passed," said Robert C. Maier, director of the Board of Library Commissioners, the state agency that advises local libraries. "We didn't propose it, and we didn't work on it in any way."

Maier said he didn't know what possible rationale the Legislature had in mind for including library trustees in the state pension law. Library board members rarely, if ever, get any financial gain from the job, he said.

"All the library trustees I know and have dealt with over the years freely give their time to serve their communities, without expectations of pay or pensions," he said.

In theory, the law made all of the state's 2,500 volunteer library trustees eligible. But the law limits the pension benefit to trustees in municipalities where local officials have voted to adopt it. And only Malden has put it to use. The law is also limited to trustees with public sector service before or after their terms on the library board, which, coincidentally or not, applies to Brennan.

Moreover, Brennan is the only library trustee in the state to have benefited from the law in 10 years, according to a survey of officials in the handful of municipalities that inadvertently adopted the library trustees measure as part of a legislative change in cost-of-living increases for municipal retirees.

After the measure passed, it meant that for every year that Brennan remained on the board after 1998, he would add an estimated $1,220 to his eventual annual pension. It also credited him with an instant boost of $9,775 in his annual pension for the eight years he had served on the board through 1998.

Brennan stunned the Beacon Hill political world in 1990 by announcing he was leaving the Senate. At the time, he was Senate whip, the third-ranking position, and considered a favorite to succeed his mentor, Senate President William M. Bulger.

Brennan now heads The Brennan Group, a lobbying firm that says on its website that it has the "knowledge and know-how to influence important constituencies and generate positive regulatory results." The firm has an enviable list of clients, including Boston University, Boston Properties, Fidelity Investments, Ameriquest Mortgage Co., and the city of Boston, according to the firm's website.

Brennan declined to answer when asked in a brief interview whether he played a behind-the-scenes role in getting the law passed.

But Malden Library Board meeting minutes showed that he raised the idea of pension benefits for trustees in 1998. Later that year, Brennan volunteered at a board meeting to write a letter seeking the support of the Malden City Council, according to meeting minutes, copies of which were obtained by the Globe under the state public records law.

There is no evidence in meeting minutes that the nine-member Malden board ever followed up on Brennan's offer.

The Legislature passed the library trustee provision later that year, but public records provide few clues to who was involved. The 141-word measure was a last-minute amendment to a bill relating to cost-of-living increases for certain pensions. Legislators passed the amendment by voice vote in the final days of the legislative session. It was never publicly discussed.

Senator Stanley C. Rosenberg, Democrat of Amherst, is listed in official documents as bringing the amendment to the floor. But Rosenberg said in an interview that he did not author the amendment and does not know who did. The amendment originated in the Ways and Means Committee, and he merely fulfilled his duties as committee chairman by forwarding it to the full Senate.

"If I had made the amendment, I would remember it, and I have no memory of it," said Rosenberg. It could have come from any member of the committee or from the Senate leadership, he said.

"There is just no way of knowing," he said.

At Malden City Hall, Mayor Richard C. Howard recommended the City Council pass what he described in official documents as "Provisions of Chapter 456 of 1998," with no details on the law's ramifications. The council passed it on May 18, 1999, without discussion, and Howard signed it, records show.

The council's action was unusual because it came without the matter having gone to a committee for study and without Howard's administration having presented an analysis of its potential cost, said Joan Chiasson, the former council president who was absent for that meeting and who recently reviewed city records on the matter.

Howard, in an interview, said that Brennan was a close friend and former law partner. Brennan grew up in Malden and was first elected to the House of Representatives as a law student at Suffolk University.

"I'm sure he probably called me and said, 'Hey, Richard, this thing is coming and would you mind signing in?' " Howard said. "And I signed it."

In his letter stepping down from the library board of trustees in November 2008, Brennan cited "the increasing demands of work and other board memberships."

There might have been another explanation for the timing. By November, Brennan had logged 34 years and 10 months of public service, according to the retirement application. That was precisely the amount of time he needed to get the maximum possible pension under state law.

It signaled the end of Brennan's public service.


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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