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CLT UPDATE
Friday, June 3, 2011

On Beacon Hill "The Dealing Starts"


Sen. Stephen Brewer and Rep. Brian Dempsey, freshman Ways and Means Committee chairs working under former budget chieftains Therese Murray and Robert DeLeo, were named Tuesday to lead a six-member conference committee charged with developing a single budget out of the roughly $30.5 billion plans passed by the House in April and the Senate last week.

Other conference committee members are Reps. Stephen Kulik (D-Worthington) and Viriato deMacedo (R-Plymouth) and Sens. Steven Baddour (D-Methuen) and Michael Knapik (R-Westfield).

Conference committees, with the recent exception of one that hammered out changes to the criminal offender record information law, typically vote to hold their meetings in private.

State House News Service
Tuesday, May 31, 2011
Budget negotiators named in both branches


Massachusetts Senate leaders, breaking their silence over one of the most hotly debated issues on Beacon Hill, will release a plan today to curb the collective bargaining rights of teachers, police officers, and other municipal workers in an effort to save money for struggling cities and towns.

The plan, which will be released as part of the Senate’s budget proposal, follows a vote in the House last month that made it the first Democratic-led chamber in the nation to reduce public employee bargaining rights. Governor Deval Patrick has offered his own version of the legislation aimed at controlling the escalating cost of health insurance for cities and towns.

The Senate’s proposal, obtained by the Globe, attempts to give more relief to unions. Unlike the House plan, which caused a firestorm among labor leaders, this version could give union workers more of the savings from health care changes and more of an opportunity to appeal management decisions they oppose. It was unclear late yesterday whether those changes will be enough to satisfy union officials....

But the Senate plan creates a new way to resolve such disputes, empowering the governor. If the sides do not agree, the dispute would go to a three-member review panel: with one union representative, one management representative, and a crucial tie-breaking vote appointed by the governor’s budget chief.

If the panel determines that the changes proposed by management at least match the health benefits given to state workers, the review panel would be required to approve them. If not, the panel would have discretion to consider union alternatives or to give more of the savings from insurance plan changes back to workers.

Regardless of what the panel decides, the Senate measure allows as much as one third of the cost savings from health changes to go back to municipal workers, whereas the House plan gives workers between 10 percent and 20 percent of that savings, but only in the first year.

The Boston Globe
Wednesday, May 18, 2011
Senate plan gives more to unions
Would pass on savings in health care costs


A public employee committee would include weighted representation from all local unions, but cities and towns would not be required to adopt Chapter 19 coalition bargaining to pursue plan design.

Those negotiations would include plans for how to distribute a portion of the savings among employees to offset the shift in health care costs to workers.

Unlike the House plan, if an agreement cannot be reached the Senate suggests the matter be handed over to a three-person review panel.

That panel would be made up of one labor representative, one management representative and a third mutually selected person from a list provided by the Secretary of Administration and Finance of professionals with expertise in dispute resolution, municipal finance, or municipal health insurance.

The secretary would have the authority to appoint the third review panel member if both sides cannot agree on an individual.

State House News Service
Wednesday, May 18, 2011
Senate muni-health plan features 40-day process to achieve savings


Yes, Senate President Therese Murray and her team deserve credit for wading into the municipal health insurance thicket that Democratic lawmakers, in deference to their union patrons, have avoided for years.

But in releasing their version of the budget yesterday, Senate leaders passed up an opportunity to issue a bold challenge to those unions on behalf of taxpayers who foot the insanely high cost of providing health insurance for municipal employees. The earlier House proposal on municipal health care is both bolder and better....

If the 30 days expires without an agreement, the House would grant the city or town immediate power to implement those modest, cost-saving plan changes — a strong model that unions, so accustomed to calling all the shots, hate.

The Senate, on the other hand, turns to a process that vaguely resembles arbitration, with a three-member, outside review panel making the final call (albeit in an expedited fashion). The Senate plan also kicks more of the savings — at least a third — back to the employees instead of the taxpayers (the House capped that payback at 20 percent in the first year).

The Senate makes its route to savings needlessly complicated. The House version should prevail.

A Boston Herald editorial
Thursday, May 19, 2011
Senate short on health


Massachusetts revenue officials say a surprisingly large increase in tax collections from investment income helped fuel a 43 percent increase in April tax collections compared with a year ago.

The Department of Revenue said Tuesday the state collected $2.5 billion in taxes last month, $758 million more than in April 2010. Last month's total was also nearly $600 million above revised monthly benchmarks.

Associated Press
Tuesday, May 3, 2011
Mass. tax collections up 43 percent in April


Senate Minority Leader Bruce Tarr, calling the sales tax increase in 2009, which brought the rate to 6.25 percent from 5 percent, the “single most damaging change to the tax code,” pushed for a two-step reduction to return the rate to 5 percent. Tarr said the state would be more competitive, attract businesses and make up some of the loss in economic productivity.

But Brewer again countered that the loss of what he estimated would be $461 million next fiscal year and $979 million the year after that would be too much for state programs to bear. The amendment failed 10-28.

Republicans also hoped to woo support for a plan to cut the income tax rate from 5.3 percent to 5 percent, the same rate voters called for in a 2000 ballot initiative that lawmakers never fully implemented. Although Democrats crushed the proposal on a 5-33 vote, they noted that economic conditions appeared to be improving at a rate that will trigger an automatic reduction in the state income tax to 5.25 percent.

That mechanism was put in place when lawmakers in 2003 froze the income tax rate at 5.3 percent, arguing the state needed the revenue and would gradually reduce the rate as economic conditions improved.

Sen. Steven Tolman (D-Brighton) withdrew a plan to extend the state sales tax to online retailers, a proposal supported by retailers and advocates for increased revenue. He said that pending lawsuits led him to hold off on making a push for his amendment but said he hoped to revisit the issue....

Tarr said fiscal year-to-date tax collections are running $1.9 billion ahead of the same period in fiscal 2011. The Gloucester Republican said he hoped the infusion of new revenues would not spark a spending binge ...

State House News Service
Wednesday, May 25, 2011
Senate Dems turn down tax cuts, including expanded break for seniors


Sen. Tarr said this seeks to reverse perhaps the single most damaging change to the tax code. Before Aug. 1, 2009, the sales tax was 5 percent. It rose to 6.25 percent and created a widespread disincentive for the purchase of goods. In recognition of the constraints outlined, we would go to 5.6 and then to 5.0. This has widespread implications for the creation of jobs. Sen. Brewer presented the caveat that unless we saw changes, we would face a serious situation. This simply repeals the 6.25 percent and return us over two years to 5 percent. This would pay dividends in budget after budget. . . .

AMENDMENT 9: Tarr sales tax rollback.
BY A ROLL CALL VOTE OF 10-28, AMENDMENT REJECTED

Sen. Hedlund said we heard discussion of the will of the voters when we discussed the sales tax measure that was defeated. This was approved by the voters. There have been efforts to regain the trust of the voters. This is a three-step reduction to get us to the traditional 5 percent rate, from 5.3 percent. On Jan. 1, 2012 it would drop to 5.2 for 2012. On Jan. 1, 2013, 5.1 percent for 2013. It would go to 5.0 on Jan. 1, 2014. It is a prudent phase-in of the reduction. It would clearly fulfill the will of voters who approved the measure now 11 years ago. In the lean times we did not push this to the extent we have in other years. When the income tax was raised there was a clear promise that that would be temporary. I am not sure what your definition of the word temporary is. My definition is not a generation, not 11 years. We think the time is right to address this. . . .

AMENDMENT 12 – Tarr income tax reduction.
BY A ROLL CALL VOTE 5-33, AMENDMENT REJECTED

State House News Service
Senate Budget Session, Wednesday, May 25, 2011


Only weeks ago, those same union leaders were accusing House Speaker Robert DeLeo of trying to gut the collective bargaining process by siding with mayors and selectmen on the issue of health plan design. But the response to a Senate plan that, like DeLeo's, would leave the ultimate decision on plan design to municipal executives as long as costs and benefits were similar to those offered state employees, has been much more muted.

Some in the labor movement may have sensed they'd gone too far in attacking DeLeo and other Democratic House members who'd opted for fiscal sanity over fealty to their union friends. But the acceptance of the Senate version may also signal a recognition that the current cost of health benefits offered by cities and towns — which have been increasing at a far higher rate than those offered by private employers or the state — are indeed unaffordable.

Neither the House nor Senate versions of next year's budget includes a tax increase. But the lack of new revenues will require substantial cuts in spending on social services and local aid.

Voters will not abide tax increases of any kind until they're convinced wages, benefits and appreciation for same are on somewhat equal footing in the private and public sectors. Perhaps some previously resistant to compromise are starting to recognize this essential fact.

A Salem News editorial
Thursday, May 26, 2011
Progress on plan design reflects new reality


Oh, to be a member of the conference committee when it begins negotiations over a final $30 billion state budget (behind closed doors, naturally).

The House and Senate have each produced balanced plans that attempt to make up for $1.5 billion in federal stimulus money that will vaporize in fiscal 2012. They dip into the rainy-day fund, without depleting it (amazing what passes for positive news these days). There are no new taxes.

But perhaps most critical, a final budget is almost guaranteed to include a plan to relieve the burden on local property taxes, by giving cities and towns more power to design health plans for their employees. The cost of insuring municipal workers and retirees today is crowding out spending on all manner of basic government services.

This is a unique opportunity for meaningful reform and the House plan, we’ll repeat, is superior to the one offered by the Senate. It took political courage for Speaker Robert DeLeo and House Democrats to challenge the state’s powerful labor unions, who threatened to make life miserable for anyone who voted in favor of their plan.

The Senate accepted the municipal health insurance challenge as well, but their plan needlessly complicates the process. In the end both branches say they can deliver $100 million in savings to cities and towns, but House leaders are in it this deep, they ought to fight to maintain their proposal in the final budget.

A Boston Herald editorial
Tuesday, May 31, 2011
The dealing starts


Chip Ford's CLT Commentary

In the hidden recesses on Bacon Hill the sausage-making machine is smoking along. The House/Senate conference committee is now working behind closed doors to come up with a compromise budget from among the two proposals. When it does, the sausage will need to be approved by both chambers then be accepted and signed or rejected by the governor.

Good news:  There are no new taxes proposed in either budget.

With fiscal year-to-date tax collections running $1.9 billion ahead of the same period last year, there shouldn't be!

Bad news:  There are no tax cuts in either, as usual.

As in the House earlier, the voters' income tax rollback was again shot down in the Senate by the Democrat majority.

Once again, "now is not a good time" to finally keep the promise and roll back the income tax, "temporarily" hiked in 1989 22-years ago. It's not the time to even "unfreeze it" a tad.

Senator Brewer said "Come October as we reach this growth in our economy, a trigger would take another $54 million out of our coffers and give it back."

Oh sure, "maybe in the fall" we're promised, again. We've been hearing "maybe later" since the voters' mandated rollback in 2000 was "temporarily frozen" at 5.3 percent in 2002 -- 9 years ago.  More likely the thaw will arrive when hell freezes over.

A trigger would "take another $54 million out of our coffers" and "give it back"?

Senator, no.  Our money would never reach your coffers. You wouldn't be giving back anything — you'd just be taking less from us, as was promised by the Legislature almost a quarter-century ago.

The public employee unions seem awfully quiet since the Senate's version of health insurance reform was introduced. You may recall in late April when an apoplectic Robert Haynes, Massachusetts AFL-CIO president, wrote to House members:

“You are either on the side of collective bargaining for the workers who have been willing to compromise on this issue, or you are against those collective bargaining rights and want to reward intractable, uncompromising management advocates like the MMA. All votes relating to the matters discussed in this letter may be considered Labor Votes and calculated into Labor Voting Records upon which endorsements and levels of support are determined.”

Optimists like the Salem News hope "acceptance of the Senate version may also signal a recognition that the current cost of health benefits offered by cities and towns ... are indeed unaffordable."

We cynics sit back and wait to taste the sausage before judging its flavor.

Chip Ford


 

The Boston Globe
Wednesday, May 18, 2011

Senate plan gives more to unions
Would pass on savings in health care costs
By Noah Bierman and Michael Levenson


Massachusetts Senate leaders, breaking their silence over one of the most hotly debated issues on Beacon Hill, will release a plan today to curb the collective bargaining rights of teachers, police officers, and other municipal workers in an effort to save money for struggling cities and towns.

The plan, which will be released as part of the Senate’s budget proposal, follows a vote in the House last month that made it the first Democratic-led chamber in the nation to reduce public employee bargaining rights. Governor Deval Patrick has offered his own version of the legislation aimed at controlling the escalating cost of health insurance for cities and towns.

The Senate’s proposal, obtained by the Globe, attempts to give more relief to unions. Unlike the House plan, which caused a firestorm among labor leaders, this version could give union workers more of the savings from health care changes and more of an opportunity to appeal management decisions they oppose. It was unclear late yesterday whether those changes will be enough to satisfy union officials.

The plan also throws some of the thorniest decisions into the governor’s hands as he is trying to make himself a national spokesman on health care issues.

Patrick has tried to mollify both sides in the contentious debate over health benefits, saying he believes unions deserve a place at the table, but should not be allowed to block money-saving changes.

The Senate proposal, like the House one that preceded it, would give local governments 30 days to reach an agreement with their unions on significant health plan changes. In the case of a deadlock, the House plan allows mayors and town managers to set copayments and deductibles unilaterally.

But the Senate plan creates a new way to resolve such disputes, empowering the governor. If the sides do not agree, the dispute would go to a three-member review panel: with one union representative, one management representative, and a crucial tie-breaking vote appointed by the governor’s budget chief.

If the panel determines that the changes proposed by management at least match the health benefits given to state workers, the review panel would be required to approve them. If not, the panel would have discretion to consider union alternatives or to give more of the savings from insurance plan changes back to workers.

Regardless of what the panel decides, the Senate measure allows as much as one third of the cost savings from health changes to go back to municipal workers, whereas the House plan gives workers between 10 percent and 20 percent of that savings, but only in the first year.

Today’s proposal has been shrouded in secrecy, as labor and municipal leaders have lobbied their senators since the House vote. Senate President Therese Murray, who helped craft the plan, has offered only hints of how aggressive her chamber would be in curbing union power, but has said she agrees with Patrick’s philosophy that unions should have a voice.

“I emphatically agree with the governor that labor has to be at the table,’’ she told business leaders last month.

Senate leaders shared the plan yesterday with members of the chamber’s budget committee and are set to unveil the measure formally at a press conference this morning. It is scheduled for a full debate next week, when senators will be allowed to propose amendments.

Efforts to limit collective bargaining have gained prominence in the Legislature amid skyrocketing health costs for cities and towns, which have been forced to lay off workers and reduce services in the down economy.

The issue has angered union leaders, who say the state is moving toward stripping employees’ collective bargaining rights won over decades. Proponents of the House and Senate measures say they are moderate changes and necessary because unions have resisted past efforts to rein in the high cost of benefits, which are more generous than private-sector benefits, even as cities and towns struggle financially.


State House News Service
Wednesday, May 18, 2011

Senate muni-health plan features 40-day process to achieve savings
By Matt Murphy


Weeks after labor leaders ripped a House plan to restrict their bargaining rights over municipal health insurance plan details, the Senate on Wednesday will roll out a counter-proposal that would give unions a comparatively larger role in negotiations over plan changes while still holding out the promise of $100 million in savings to cities and towns.

On the heels of the House plan, incorporation of the Senate plan into its annual budget bill means Beacon Hill may be on the verge of a breakthrough on an issue that’s gone unresolved for years and which municipal officials claim represents their best shot at budget savings during an era of local aid cuts.

The Senate proposal, a summary of which was obtained by the News Service, would retain the local option for cities and towns to pursue savings in their municipal health insurance plans while laying out a 40-day process for achieving savings should local government managers opt into the reform.

Employees would have the opportunity to share in more of the savings achieved through changes to plans that would shift costs to workers by empowering municipalities to increase co-payments and deductibles.

As much as 33 percent of the first-year savings would have to be set aside to mitigate the impact to municipal subscribers through benefits such as health reimbursement accounts, with a particular focus on capping or curbing increased costs to retirees, low-wage earners and the heaviest users of health care.

“While providing this valuable new tool to the Commonwealth’s cities and towns, the Committee proposal also preserves a meaningful voice for municipal employees and retirees in determining their health care costs,” the summary of the Ways and Means Committee plan explains.

The Senate has approved municipal health plan reforms in each of the past two years, with its proposals dying in the House. Senate President Therese Murray has said she agrees with Gov. Deval Patrick that labor needs to have a “meaningful role” in negotiations.

Under the proposal, following a vote of the local governing body to enter negotiations, representatives from municipal unions, including retirees, would be given a 30-day window to bargain with management over health plan design changes or a transfer to the state’s Group Insurance Commission.

A public employee committee would include weighted representation from all local unions, but cities and towns would not be required to adopt Chapter 19 coalition bargaining to pursue plan design.

Those negotiations would include plans for how to distribute a portion of the savings among employees to offset the shift in health care costs to workers.

Unlike the House plan, if an agreement cannot be reached the Senate suggests the matter be handed over to a three-person review panel.

That panel would be made up of one labor representative, one management representative and a third mutually selected person from a list provided by the Secretary of Administration and Finance of professionals with expertise in dispute resolution, municipal finance, or municipal health insurance.

The secretary would have the authority to appoint the third review panel member if both sides cannot agree on an individual.

The review board created by the Senate would be required to approve any health insurance plan changes proposed by management that do not exceed the benchmarks of those benefits received by state employees, defined as the median co-payment and deductible levels for GIC health plans.

If the proposed changes do shift a greater amount of cost onto employees than the GIC, the panel could consider union alternatives. The proposal also states that cities and towns would be guaranteed two thirds of any cost savings, but the panel would have 10 days to review and approve the mitigation plan to protect workers and retirees most affected by the cost-shifting.

This procedure differs significantly from the House bill that would give management the unilateral authority to make plan design changes if negotiations break down in exchange for a 20 percent share of the savings going back to employees in the first year instead of 10 percent.

Like the House plan, the proposal from Senate Ways and Means would give cities and the towns the local option of implementing plan design changes or joining the GIC to achieve savings. Supporters of the local option claim many municipal managers would be eager to pursue savings-minded reforms.

Following passage of the House version, Gov. Patrick said he felt that any reform should mandatory, pointing to his own proposal that required municipalities to seek savings through health plans comparable to the ones offered state workers, or risk being forced to join the GIC.

Like the House bill, the Senate will also propose a mandate that all eligible municipal retirees be enrolled in Medicare, and the bill would prohibit the GIC from making mid-year cost sharing changes to its health plans unless triggered by emergency budget cuts by the governor.

To accommodate the potential of many cities and towns electing to join the GIC rather than negotiate over their own health plans, the Senate would open up GIC plans to rolling admissions for fiscal 2012.


The Boston Herald
Thursday, May 19, 2011

A Boston Herald editorial
Senate short on health


Yes, Senate President Therese Murray and her team deserve credit for wading into the municipal health insurance thicket that Democratic lawmakers, in deference to their union patrons, have avoided for years.

But in releasing their version of the budget yesterday, Senate leaders passed up an opportunity to issue a bold challenge to those unions on behalf of taxpayers who foot the insanely high cost of providing health insurance for municipal employees. The earlier House proposal on municipal health care is both bolder and better.

Senate leaders say their proposal will achieve the same $100 million in savings for cities and towns as the House bill, and the proposals share similarities.

But at the heart of it all is who decides whether municipal workers will have to share more of the cost of their insurance — and if so how much.

The House gives more power to municipal managers. The Senate, on the other hand, introduces a review panel and “mitigation plans” and, inexplicably, could even get the state secretary of administration and finance involved in what should be an entirely local decision.

If a community opts in to this new process, labor and management would get 30 days to negotiate a cost-saving agreement. Employees might shift into the Group Insurance Commission (which covers state employees), or be asked to bear more of the cost of their health plan, through higher co-payments and deductibles.

If the 30 days expires without an agreement, the House would grant the city or town immediate power to implement those modest, cost-saving plan changes — a strong model that unions, so accustomed to calling all the shots, hate.

The Senate, on the other hand, turns to a process that vaguely resembles arbitration, with a three-member, outside review panel making the final call (albeit in an expedited fashion). The Senate plan also kicks more of the savings — at least a third — back to the employees instead of the taxpayers (the House capped that payback at 20 percent in the first year).

The Senate makes its route to savings needlessly complicated. The House version should prevail.


Associated Press
Tuesday, May 3, 2011

Mass. tax collections up 43 percent in April


BOSTON—Massachusetts revenue officials say a surprisingly large increase in tax collections from investment income helped fuel a 43 percent increase in April tax collections compared with a year ago.

The Department of Revenue said Tuesday the state collected $2.5 billion in taxes last month, $758 million more than in April 2010. Last month's total was also nearly $600 million above revised monthly benchmarks.

The state had expected increased April income tax payments due to the improving economy. Also, severe flooding delayed the April 2010 filing deadline until May in several counties.

Officials were not as quick to explain the hike in revenues from interest and dividends and capital gains. They say it appears many taxpayers chose to cash in some of their investments during 2010 and are now paying taxes on those gains.


State House News Service
Wednesday, May 25, 2011

Senate Dems turn down tax cuts, including expanded break for seniors
By Kyle Cheney


The state Senate on Wednesday rejected a succession of Republican efforts to cut taxes, staving off bids by the GOP’s four-member minority party to reduce the sales and income taxes, implement a permanent sales tax holiday weekend and a six-day meals tax holiday, and retain a $46 million corporate tax break that Democrats plan to delay by a year.

In defeating the proposed cuts, Democrats also emphasized that taxpayers may be in line for a 0.05 percent reduction in the income tax rate, if economic indicators continue their upward trend into the fall.

In early action on the Senate budget, members also defeated Sen. Susan Fargo’s attempt to expand a tax credit for seniors 9-29 and overwhelmingly backed a proposal to send an additional $3 million to pay for youth jobs in 28 communities across Massachusetts.

During debate on the tax proposals, Republicans argued that a permanent sales tax holiday would provide guaranteed annual relief, particularly to retailers on the New Hampshire border. But Democrats countered that forfeiting more than $20 million in sales tax each year – an estimate offered by Senate Ways and Means Chair Steven Brewer – without a chance to review the plan would be unwise.

Businesses could be “shut down” as a result of a permanent sales tax holiday, argued Sen. Steven Baddour (D-Methuen), who suggested consumers would postpone major purchases in anticipation of the holiday. But Republicans rejected that suggestion, noting that the state has approved sales tax holidays in seven of the last eight years, leaving little doubt among consumers that the holiday is an annual event.

“It’s not a national security secret,” said Sen. Michael Knapik (R-Westfield).

The amendment failed on a 4-34 party line vote.

Republicans also charged Democrats with breaking a promise to the business community by pushing to delay a scheduled $46 million tax deduction for Massachusetts companies. Knapik said Massachusetts is in the “competitive fight for its life” and said the state was reneging on part of a “deal” it made with businesses when it passed a law increasing their tax burden by instituting a combined reporting system.

Brewer argued that the state needed the $46 million to balance its budget and would implement the tax break in full next year and over the six years to follow.

Senate Minority Leader Bruce Tarr, calling the sales tax increase in 2009, which brought the rate to 6.25 percent from 5 percent, the “single most damaging change to the tax code,” pushed for a two-step reduction to return the rate to 5 percent. Tarr said the state would be more competitive, attract businesses and make up some of the loss in economic productivity.

But Brewer again countered that the loss of what he estimated would be $461 million next fiscal year and $979 million the year after that would be too much for state programs to bear. The amendment failed 10-28.

Republicans also hoped to woo support for a plan to cut the income tax rate from 5.3 percent to 5 percent, the same rate voters called for in a 2000 ballot initiative that lawmakers never fully implemented. Although Democrats crushed the proposal on a 5-33 vote, they noted that economic conditions appeared to be improving at a rate that will trigger an automatic reduction in the state income tax to 5.25 percent.

That mechanism was put in place when lawmakers in 2003 froze the income tax rate at 5.3 percent, arguing the state needed the revenue and would gradually reduce the rate as economic conditions improved.

Sen. Steven Tolman (D-Brighton) withdrew a plan to extend the state sales tax to online retailers, a proposal supported by retailers and advocates for increased revenue. He said that pending lawsuits led him to hold off on making a push for his amendment but said he hoped to revisit the issue.

Brewer and Tarr launched the Senate's annual debate of the fiscal 2012 budget Wednesday morning.

Brewer said the $30.5 billion budget, if adopted, would cut the state’s structural deficit by 75 percent, to just over $400 million, positioning the state well for the future. Pointing to recovering jobs numbers and state tax collections, he also identified replenishing the state’s rainy day fund as a top priority, noting its balance is projected to fall to about $670 million from a high of $2.3 billion.

Tarr said fiscal year-to-date tax collections are running $1.9 billion ahead of the same period in fiscal 2011. The Gloucester Republican said he hoped the infusion of new revenues would not spark a spending binge and called on Senate Democrats to advance health care cost containment legislation, saying it’s overdue and could help businesses grow jobs, and the state’s tax base, by addressing a big cost driver.

Senate President Therese Murray’s office on Wednesday morning forecast a final vote on the budget Thursday night and the Senate, having handled only about 60 of its 599 amendments during the day on Wednesday, planned to continue its session into the evening Wednesday.


State House News Service
Senate Budget Session, Wednesday, May 25, 2011
[Excerpt]


AMENDMENT 9: Tarr sales tax rollback.

Sen. Tarr said this seeks to reverse perhaps the single most damaging change to the tax code. Before Aug. 1, 2009, the sales tax was 5 percent. It rose to 6.25 percent and created a widespread disincentive for the purchase of goods. In recognition of the constraints outlined, we would go to 5.6 and then to 5.0. This has widespread implications for the creation of jobs. Sen. Brewer presented the caveat that unless we saw changes, we would face a serious situation. This simply repeals the 6.25 percent and return us over two years to 5 percent. This would pay dividends in budget after budget.

Sen. Tarr requested support for a roll call and there was support, once Sen. Knapik and Ross found their ways to their chairs.

Sen. Brewer said the hit to the budget would be $461 million and $979 million next year. I’d like to know where we’re going to find that billion dollars for programs. The public had the chance to roll this back to 3 percent in November and they rejected that. People understand that you need to have revenues to educate your children, protect your environment. Our state taxes as a proportion of personal income are lower than the national average. I have more figures. To use Taxachusetts is simply words. We are no more Taxachusetts than any other state. We are somewhere in the middle on 45 of 50 areas. We ought to put the alliteration to bed.

Sen. Candaras said a lot of state Legislatures have almost been paralyzed by the financial straits. They have been unable to move forward as states. Some states are slapping taxes on galloping horses, as my colleague said. We haven’t done that in Massachusetts. We made critical choices. We were not paralyzed by the fact that we could not do everything. This amendment is simply unaffordable. Rolling back the sales tax would require devastating cuts. Our sales tax on businesses is actually very low – 30 other states have a higher state sales tax than we do in Massachusetts. We have all worked collectively to make very hard choices. When you start taking a $150 clothing allowance for children who have no one and nothing, that we can’t afford that for the poorest children in the Commonwealth, when you can’t do that I am not sure we can afford to do this.

Sen. Tarr said until we become competitive and increase jobs we will need to make cuts like this to take away that clothing allowance. We are going to lose Congressmen as we will with redistricting. We are going to have to come to this chamber with a declining base of taxpayers and argue about what little is left year after year. We can’t afford not to do this. Ultimately it would create 10,000 jobs according to a dynamic analysis of increasing disposable income. We can continue to use linear analyses and talk about revenue foregone as if it’s the only dimension, and to talk about cutting clothing allowances. It’s interesting the gentleman from Ways and Means referenced the vote. If it had been 5 percent rather than 3 percent, the result would have been different. That’s speculation but we know about the polling. The books are out. We have had significant job loss up until recently. We are losing a Congressman because of population changes. We’ve got to do something to increase the employment base and we’ve got to stop thinking that we will come to the chamber and by reconfiguring the resources that we will build a better future. That’s the way that we paper things over and get from one year to the next.

BY A ROLL CALL VOTE OF 10-28, AMENDMENT REJECTED

*   *   *

AMENDMENT 12 – 5 PERCENT INCOME TAX: Tarr income tax reduction.

Sen. Hedlund said we heard discussion of the will of the voters when we discussed the sales tax measure that was defeated. This was approved by the voters. There have been efforts to regain the trust of the voters. This is a three-step reduction to get us to the traditional 5 percent rate, from 5.3 percent. On Jan. 1, 2012 it would drop to 5.2 for 2012. On Jan. 1, 2013, 5.1 percent for 2013. It would go to 5.0 on Jan. 1, 2014. It is a prudent phase-in of the reduction. It would clearly fulfill the will of voters who approved the measure now 11 years ago. In the lean times we did not push this to the extent we have in other years. When the income tax was raised there was a clear promise that that would be temporary. I am not sure what your definition of the word temporary is. My definition is not a generation, not 11 years. We think the time is right to address this. Some amendment have been called gimmicks. There has been talk of certainty. This can show we are serious about attracting businesses. The overall tax burden, housing, fuel costs are all considerations of businesses. There has been study done by interest groups. Beacon Hill Institute estimates increased investments in fiscal ’13 of $6 million and increased investments of $9 million in the third year. It would keep more money in the hands of residents and consumers - $236 million for the state economy. It is our desire to seek a roll call.

Sen. Hedlund requested a roll call and there was support.

Sen. Brewer said he hopes the amendment is not adopted. This fiscal year the hit on our budget is $116 million. You can be the judge, as you are, as to whether you want to find $116 million in cuts. Come the fall I expect a discussion about the trigger for reducing the tax anyway. Some will want to freeze the trigger and some will want to honor the trigger. This Legislature has voted for almost 50 different tax cuts. When we can afford tax cuts the Democratic majority votes for them. It’s not one size fits all. Come October as we reach this growth in our economy, a trigger would take another $54 million out of our coffers and give it back. We are honoring that commitment today.

Sen. Hedlund said two points. Since that fiscal year we have seen on average the state budget increase about a billion a year, over $10 billion in increased spending. We think the time has come where we can give some of that back to the taxpayers of Massachusetts. We have seen 1,600 new state employees added. The triggers cited were artificially placed in 2002 to get around allowing us to honor the commitment we made when we had surpluses. If you want to talk about triggers, triggers to avoid us honoring a pledge we made, we are offering a great trigger, an entire Howitzer.

Sen. Candaras said she hopes the amendment is not adopted. I don’t know how we can know that this is a good time to lower taxes. We talk about the Zakim bridge chart and not having enough in our rainy day fund and we talk about uncertainty in our revenues. There are a number of things swirling around. There is a fair possibility that sooner rather than later this October the statutory trigger might be set off and this amendment might be moot. Additionally by October we may know a little bit more about our revenues, the answer about May. We will know a little bit better.

Sen. Tarr said the voters thought this was going to be resolved when they voted on it. They have learned a lot in ensuring years about mechanisms of convenience that don’t resolve the issue at all. We deal with something that solves our immediate need but doesn’t make long-term sense. I was delighted to hear the gentleman from Ways and Means talk about $116 million. We can choose to reform Medicaid and save in excess of $500 million or not to provide this kind of tax relief. We don’t vote for this and subsidize $500 million in lost savings. If you want to move toward more reform and honor the voters, you vote yes.

Sen. Candaras said this would roll back the personal and the capital gains tax. In the statute there is also a trigger where if capital gains receipts reach a billion dollars, a trigger requires some of that to go to stabilization. The better mechanism for a rollback in taxes, something we would all love to do, is to let the statute take effect. I voted for more than 42 tax cuts when I was in the House. None of them benefitted the most distressed city in the state, Springfield, in terms of investments and with the unemployment rate.

Sen. Tarr said before we enacted those 42 tax cuts, we had a two billion dollar deficit. Then we had a $2 billion surplus. Due to the growth they spurred we had resources for when Springfield fell on hard times. Not only does this effect capital gains, it would help us in terms of subchapter S corporations that pay at personal income tax rates.

Sen. Pacheco said, This is a rewriting of history. The Bush administration took a surplus and made the United States the greatest debtor nation on Earth. Our new Democratic president had to step in without any votes from the minority party to help pass a stimulus so that we wouldn’t go into a depression. We had a tough time, yes. But I think it’s important to look at what our governor, our Senate president, our speaker, our leadership team here in Massachusetts has done. In light of all this, we as a state are growing 4 percent. The average state is growing about 1.8. We’re doing extraordinarily well. We need to make sure that we are fiscally responsible. We just can’t spend ourselves into greater debt. We need to be fiscally responsible and the existing statute that we put in place is a fiscally responsible way to ensure that the statutory provisions would allow us to get to the reductions that all of us want to see. And if the trend continues through January, we will automatically see a reduction to 5.25 percent. I cannot sit here and listen to remarks that rewrite the history of the nineties. I hear that taking place all the time. The greatest growth in our economy, new jobs, a time in our history when minorities, women, and yes the wealthy, all groups, we all shared in the prosperity. I ask you to reject this particular amendment. It would be extremely harmful to our budget and, I would submit, to our economy.

Sen. Knapik said, You know, given the threat of the rapture I did not prepare to speak on this amendment. That president the gentleman cited had a Republican Congress. And he triangulated to a moderate, middle-of-the-road guy. What was the response? America developed in a way we had not ever seen since the immediate post World War II era. States began to get the edge. It wasn’t the formerly great states of America. It was almost everybody, Madame President. That tax policy – it is under attack over and over and over again. We put it all in place to keep a competitive edge. We had strategic programs put in place to help keep that competitive edge. Businesses in Western Mass did benefit from much of what had been done, particularly in the financial services sector. The voters voted to have it go to 5 percent. If you recall, in 1988, it went from 5 percent to 6.25 percent, then down to 5.95 percent. The voters took matters into their own hands in 2000 an said enough’s enough. We were in one of those conundrums. So what could we do? Could we continue to have it programmatically going down? It stopped in 2002. Is it going to take another 22 years to get back to the will of the people? I don’t know if I have the strength to be here to save the commonwealth for the next 22 years. The 90s are a halcyon age. We’re losing a congressman. For most of the years we had a net outmigration. We did not have a net new number of jobs created in the last decade. That’s not a barometer for tremendous success. Some people cite the CNBC study. CEO magazine asked people who owned businesses, would you come to Massachusetts? We fall to the back of the pack. We’re the only state in America with a universal mandate. We knew 2006 when Gov. Romney signed the bill, things were going to change in the future. Make no mistake about it, tax policy at the personal level and the corporate level are going to be the barometer of our success going forward. The only way to have a healthy budget is to have healthy growth in the economy. Creating 200,000 jobs last month made headlines. In other recoveries, it was not unusual to create 300 to 400,000 new jobs nationally. We are in a slow-growth, slow-revenue scenario. Things cannot continue to be the same. We want predictability in tax policy. Texas creates 80 percent of all new jobs in America. Texas has the 12th largest economy in America. 4,000 jobs for the month of April is nothing to scoff at, but it is a long, long, long way for this state to retain its preeminence. The growth in Hampden County was from immigrants, new residents. Those people need jobs. I hope the amendment passes. The trigger kicks in in October. We have got to sharpen that pencil, Madame President. Unemployment in Boston is 6.8 percent. But that recovery has got to get to the other regions of Massachusetts. I hope the amendment passes.

Sen. Spilka said, I wasn’t planning on speaking but I respect my colleagues from Westfield tremendously, but I need to respond to some of the statements. I was at a conference on the digital economy. Time and time again they said that in the choice of deciding where to go to start their company, they had Massachusetts, New York and California. What I heard was they chose Massachusetts to come and start their company and grow their company and be a success story because of the strengths that we have. Income tax, middle of states. But our education, quality of life, innovation for outweigh anything else. Texas is the fastest growing state but we have been consistently rated as number two. Massachusetts is doing a great job of it. We shouldn’t settle on our status quo, but we are doing well.

Sen. Candaras said, I am a relatively new chair of revenue, but I’ve been learning a lot about the tax expenditure budget. It came as a shock to me how much we give away to people in corporations. On a $28 billion budget, the tax expenditure budget, we return to the cities of the commonwealth, exempt, defer, allow a deduction for, exclude or exempt a full $23 billion. It appears that we defer, deduct, exempt or give credit for almost as much money as we spend. The corporations in Massachusetts get tax-related expenditures of more than $1.18 billion a year. Moreover, in 2010 facts and figures, Massachusetts was 36th in the country for overall index rank. Sometimes mythology becomes reality. We are being lauded by the bond rating agencies. We’re being lauded for what we did with health care. We’re 36th in the United States in business tax climate. We have to be doing something right to have come out of the worst recession since the depression. We can always do better. Yes we can. We are on the one-day-at-at-time program right now. That statistics and evidence just do not support the idea that we are not doing well by businesses and not doing well by our citizens.

BY A ROLL CALL VOTE 5-33, AMENDMENT REJECTED


The Salem News
Thursday, May 26, 2011

A Salem News editorial
Progress on plan design reflects new reality

MBTA General Manager Richard Davey is right when he says public employees in general, and his in particular, get a bad rap.

"The vast majority of people who work at the T work very hard," he told directors of the North Shore Chamber of Commerce yesterday morning.

But the fact that he has made improving customer service, along with boosting employee morale, one of the agency's core missions tells you something. Given the fact his agency for years had among the most generous wage-and-benefit packages of any transit system in the county — this was the place, after all, where you could retire after 23 years regardless of age, at near full pay and with fully paid medical benefits — customer service shouldn't have been a problem.

But as a result of the leadership of enlightened managers and union leaders, things may be changing.

Davey, on the job for a little more than a year, is working hard to change the culture at the MBTA. And now there is evidence that the AFL-CIO and its affiliated unions are changing their tune regarding a proposal that would give cities and towns greater flexibility in deciding what kind of health plans to offer their employees.

Only weeks ago, those same union leaders were accusing House Speaker Robert DeLeo of trying to gut the collective bargaining process by siding with mayors and selectmen on the issue of health plan design. But the response to a Senate plan that, like DeLeo's, would leave the ultimate decision on plan design to municipal executives as long as costs and benefits were similar to those offered state employees, has been much more muted.

Some in the labor movement may have sensed they'd gone too far in attacking DeLeo and other Democratic House members who'd opted for fiscal sanity over fealty to their union friends. But the acceptance of the Senate version may also signal a recognition that the current cost of health benefits offered by cities and towns — which have been increasing at a far higher rate than those offered by private employers or the state — are indeed unaffordable.

Neither the House nor Senate versions of next year's budget includes a tax increase. But the lack of new revenues will require substantial cuts in spending on social services and local aid.

Voters will not abide tax increases of any kind until they're convinced wages, benefits and appreciation for same are on somewhat equal footing in the private and public sectors. Perhaps some previously resistant to compromise are starting to recognize this essential fact.


The Boston Herald
Tuesday, May 31, 2011

A Boston Herald editorial
The dealing starts


Oh, to be a member of the conference committee when it begins negotiations over a final $30 billion state budget (behind closed doors, naturally).

The House and Senate have each produced balanced plans that attempt to make up for $1.5 billion in federal stimulus money that will vaporize in fiscal 2012. They dip into the rainy-day fund, without depleting it (amazing what passes for positive news these days). There are no new taxes.

But perhaps most critical, a final budget is almost guaranteed to include a plan to relieve the burden on local property taxes, by giving cities and towns more power to design health plans for their employees. The cost of insuring municipal workers and retirees today is crowding out spending on all manner of basic government services.

This is a unique opportunity for meaningful reform and the House plan, we’ll repeat, is superior to the one offered by the Senate. It took political courage for Speaker Robert DeLeo and House Democrats to challenge the state’s powerful labor unions, who threatened to make life miserable for anyone who voted in favor of their plan.

The Senate accepted the municipal health insurance challenge as well, but their plan needlessly complicates the process. In the end both branches say they can deliver $100 million in savings to cities and towns, but House leaders are in it this deep, they ought to fight to maintain their proposal in the final budget.

Both branches have also taken on the issue of reforming the state system for providing legal services to the poor. While Gov. Deval Patrick came out of nowhere with an absurd plan to add 1,000 lawyers and 500 support staff to the state payroll (with requisite benefits and pensions, too), a more modest division of labor is much more appropriate. On that score the Senate has wisely inched toward a more reasonable compromise with the House.

Senate President Therese Murray’s proposals to introduce more accountability in state government ought to make it into the final budget, along with the House repeal of the so-called “gift ban” that unnecessarily limits contact between drug companies and physicians.

And conference negotiators could save themselves time by X’ing out Senate efforts to engineer major policy changes, including a measure to ban the use of aversive electric-shock therapy and a ban on compensating members of nonprofit boards of directors. Neither belongs in the budget.

 

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