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CLT UPDATE
Wednesday, July 6, 2011

FY 2012 budget finally in Gov's hands


Acknowledging that four weeks of talks have yet to produce an annual budget deal, Democratic legislative leaders on Monday hurried a $1.25 billion spending bill to Gov. Deval Patrick's desk to fund state government through the first 10 days of July.

Legislators in the House and Senate are largely in the dark about the high-level negotiations taking place between branch leaders, admitting their assessment about what divides the branches is based largely on educated guesswork. The branches weeks ago gave bipartisan votes of support to $30.5 billion spending packages, but layers of weighty, divisive policy decisions were tacked onto the bills and some legislators believe policy and philosophical difference are getting in the way of agreement on spending matters.

In particular, competing versions of a proposal that would undercut certain collective bargaining powers of municipal employees - a proposal that would help cities and towns shift ever-increasing health care costs to employees - has been prominently cited as a likely cause of disagreement....

Gov. Deval Patrick Friday filed the interim budget Friday when it became clearer that it may be needed.

State House News Service
Monday, June 27, 2011
Lawmakers pass $1.25 billion plan to cover state's early July expenses


In a little-foreshadowed move, lawmakers in a fiscal 2012 budget accord filed Thursday night essentially wiped out a $65 million cut to local aid that cities and towns have anticipating for months, House and Senate officials said Thursday.

During the spring, the House and Senate passed budgets that slashed unrestricted aid to municipalities by $65 million, the latest in a series of local aid cuts. But a conference committee report agreed to Thursday would send unspent funds left over at the end of the current fiscal year – called reversions – back to cities and towns. That plan, legislative officials say, will assuredly eliminate the cuts that municipalities were expecting....

The $30.6 billion budget agreement is poised to reach Gov. Deval Patrick’s desk Friday. As expected, the proposal redefines the way cities and towns share health care costs with employees care, overhauls the state’s system of indigent defense counsel, and counts on a major curtailment of public health care spending.

The budget was filed after more than three weeks of closed-door negotiating that guaranteed an annual spending plan won’t be in place for the dawn of the new fiscal year. It appears lawmakers will be asked to vote on the bill with little time to review it....

The compromise budget would be the largest in state history and is based on expected tax collections base of $20.525 billion. That figure represents an increase of more than $700 million over the current fiscal year but still falls short of the state's tax take three years ago, prior to the recession. The budget was crafted without $1.5 billion in federal aid that lawmakers and the governor relied on in fiscal 2011....

State House News Service
Thursday, June 30, 2011
Budget negotiators serve up $30.6 billion budget for pre-holiday vote


House and Senate negotiators reached agreement yesterday on a $30.6 billion state budget that will limit the collective bargaining rights of teachers, police officers, and firefighters in an effort to ease the cost of health insurance for cities and towns....

Perhaps the most contentious proposal targets unions in an attempt to save cities and towns at least $100 million annually in health insurance costs. “This is a very constructive compromise which appears to strike a balance between the best of the House and Senate plans,’’ said Michael J. Widmer, president of the Massachusetts Taxpayers Foundation, a business-backed budget watchdog group. “Municipalities will save tens of millions of dollars, critical services and jobs will be protected, and municipal employees and retirees will continue to receive generous health benefits.’’

Unions, however, had no immediate comment.

Patrick has spoken favorably about the broad outlines of the proposal, but has not said whether he will sign this specific agreement.

He and lawmakers have described the entire state budget as among the most difficult in decades, because the state has been forced to close a $1.9 billion deficit that is mostly the result of the loss of $1.5 billion in federal stimulus money.

The budget includes no new taxes and instead cuts deeply across a range of state services, hitting the poor, the elderly, and the disabled. Patrick agreed to many of the cuts in his budget proposal released in January.

The Boston Globe
Friday, July 1, 2011
Accord reached on state budget
Would limit collective bargaining


Not a member of the state Legislature? Then good luck finding out how your money will be spent in the new fiscal year.

Oh, sure, the final compromise budget, a $30.6 billion effort approved on the Friday before a long holiday weekend, will be posted on the Web, and news reports are available.

But if you chose to tune into the (tardy) proceedings on Beacon Hill yesterday, particularly in the House, you found the usual, fawning praise for the effort of budget negotiators, pride in the bill they produced — but few specifics.

Gee, did everyone have a barbecue to get to?

A Boston Herald editorial
Saturday, July 2, 2011
Usual budget routine


Lawmakers approved a state budget yesterday after making a last-minute change that could ease a $65 million cut in aid to cities and towns. They also killed controversial measures affecting immigration, nonprofit groups, and skin-shock therapy for children.

The Legislature approved the $30.6 billion plan on a 150-to-2 vote in the House and a 33-to-4 vote in the Senate, sending it to Governor Deval Patrick, who will have 10 days to review it and issue vetoes.

Despite describing the budget as among the toughest in decades, lawmakers approved a provision that would send up to $65 million of the state’s surplus from the fiscal year that just ended back to local communities in the fall.

The Boston Globe
Saturday, July 2, 2011
Legislature seeks to ease local aid crunch with $30.6b budget


The budget on Gov. Deval Patrick’s desk, the bulk of which appears headed for passage, has drawn scrutiny for its provisions to overhaul the way cities and towns design health plans for their workers, the way defense counsel is provided to indigent residents, and for its ambitious and untested plans to wring savings out of perpetually costly health care programs.

But buried in the 314-page document are dozens of potential sea changes to longstanding policies that received little attention and passing mention – if any – by lawmakers as they crafted, passed and negotiated the $30.6 billion budget during April, May and June.

Those provisions, included among 218 budget outside sections, affect areas of tax and energy policy, address the pay of state employees who work in the military, and provide for studies on a variety of issues that could set the stage for future policy moves.

State House News Service
Tuesday, July 5, 2011
Highlights aside, lawmakers pack budget with policy directives


Despite its pro-labor leanings, the Legislature has approved a state budget that limits the role of collective bargaining in determining health care benefits for city and town workers. Now Governor Patrick must put aside his own political fears about alienating organized labor and - like the Legislature - make the tough decision.

Many municipalities can’t provide basic services if forced to keep up with rising health care costs. A provision in the Legislature’s budget could save cities and towns up to $100 million by placing their workers in the state’s less-costly Group Insurance Commission, or a similar health insurance plan, over the objection of municipal unions....

Patrick could send the bill back to the Legislature with amendments. That would be akin to killing it. Amendments open the way for additional attacks by organized labor and undermine a carefully crafted compromise by the House and Senate.

The House favored a straightforward bill that would grant municipal managers unilateral power to increase co-payments and deductibles if negotiations with public workers failed to reach an agreement after 30 days. The Senate passed a watered-down version that would have made it difficult for towns to join the GIC. The compromise gives the municipalities final authority while establishing a three-member panel - including a labor member - that ensures up to 25 percent of the savings in the first year will be returned to employees.

This compromise gives organized labor far more clout than in the House bill. The three-member panel could block changes that, in its view, ask too much from workers. But it also must approve changes in the co-pays and deductibles of municipal workers as long as they don’t exceed those of state workers.

That sounds like the “meaningful voice’’ for labor that Patrick has said he wants. He should sign this measure without alteration.

A Boston Globe editorial
Wednesday, July 6, 2011
Plan for health care savings deserves Patrick’s support


The Legislature has needlessly complicated the effort to reform the municipal health care system. But if the choice comes down to the compromise adopted in the new state budget — or a veto or amendment by Gov. Deval Patrick — well, we’ll choose the bird in the hand....

Lawmakers wisely rejected a damaging Senate provision that would have required cities and towns to contribute the same amount for retiree health plan premiums as they do for active employees, forcing some communities to pay even more for retiree health benefits than they’re paying now.

We had hoped for more, but at the moment, this bill is the best hope for struggling cities and towns to realize meaningful savings. Patrick should accept it.

A Boston Herald editorial
Wednesday, July 6, 2011
Meet in the middle


Chip Ford's CLT Commentary

The political sausage-making on Bacon Hill is almost done.

Officially the Legislature got it done almost on time — just a day before Fiscal Year 2012 started on July 1. Even though a few days late, it's a lot better than the federal government, which hasn't done last year's budget yet!

The House held out for its better version of the public employee health insurance package, and the Senate dropped its "poison pill." Once both branches accepted the conference committee report, the governor has 10 days to sign it, veto it, or send it back with his amendments for another legislative vote.

In the meantime, to keep the spending going, a $1.25 billion interim budget was passed on June 27 to get the state through the first ten days of July.

Think about that:  It costs us taxpayers $1.25 billion to run the Commonwealth of Massachusetts for just ten days.

That's an interesting perspective.

The general consensus is that this budget is the best we taxpayers can expect to get. When the Boston Globe and Boston Herald on the same day and others opine that the governor should accept the Legislature's version sign it as-is and not further complicate the situation this sounds like reasonable advice. We're glad that the cities and towns will now have some management control over employee health insurance, and that the FY '12 budget has no new taxes.

We taxpayers, however, can still dream of a lower tax burden and more efficient state government. The state of Minnesota shut down last Friday, until its Democrat Governor, Mark Dayton, and its Republican-led legislature agree to turn on the lights again.

Think of it.  If Massachusetts followed Minnesota's lead we could save $1.25 billion every ten days!

Chip Ford


 

State House News Service
Monday, June 27, 2011

Lawmakers pass $1.25 billion plan to cover state's early July expenses
By Kyle Cheney and Michael Norton


Acknowledging that four weeks of talks have yet to produce an annual budget deal, Democratic legislative leaders on Monday hurried a $1.25 billion spending bill to Gov. Deval Patrick's desk to fund state government through the first 10 days of July.

Legislators in the House and Senate are largely in the dark about the high-level negotiations taking place between branch leaders, admitting their assessment about what divides the branches is based largely on educated guesswork. The branches weeks ago gave bipartisan votes of support to $30.5 billion spending packages, but layers of weighty, divisive policy decisions were tacked onto the bills and some legislators believe policy and philosophical difference are getting in the way of agreement on spending matters.

In particular, competing versions of a proposal that would undercut certain collective bargaining powers of municipal employees - a proposal that would help cities and towns shift ever-increasing health care costs to employees - has been prominently cited as a likely cause of disagreement.

Citing their longstanding policy of confidential negotiations, lawmakers involved in the decision-making have closed their deliberations and declined to elaborate on the sources of agreement or disagreement between the branches, four days from the start of a new fiscal year. The budget is currently under the purview of a six-member conference committee - two Democrats and one Republican from each branch.

The House members include Ways and Means Chairman Brian Dempsey (D-Haverhill), Ways and Means Vice Chairman Stephen Kulik (D-Worthington) and Rep. Viriato DeMacedo (R-Plymouth). The Senate members are Ways and Means Chairman Stephen Brewer (D-Barre), Ways and Means Vice Chairman Steven Baddour (D-Methuen) and Sen. Michael Knapik (D-Westfield).

"I think to the extent that the negotiations are ongoing - they are. That's pretty much where it stands at this point," Knapik told the News Service after Monday's Senate session. "The goal obviously is to get something - we owe it to the citizens of the commonwealth to get something done in time for the fiscal year."

Knapik acknowledged that an annual budget wouldn't be in place in time for the start of the fiscal year but said he hoped lawmakers would have a plan to the governor in time for him to take his constitutionally allotted 10 days of review and act on it before the temporary budget expires on July 10.

Senate President Therese Murray rejected the contention that the branches were at an impasse.

"We're progressing," she told the News Service during a break in Monday's session, echoing similar comments made by budget negotiators.

In an interview that aired Sunday on WBZ-TV, House Speaker Robert DeLeo said he was "hopeful" that the House and Senate would agree to a compromise budget quickly.

"I think that we've been working hard and we've been working diligently to get it done," he said. "I think we're making some very, very good progress."

But when asked by host Jon Keller to identify some of the areas of disagreement between the branches, DeLeo said, "What happens in conference stays in conference."

"I think everyone knows some of the difficult issues," he added. DeLeo's office has informed members to be on notice for potential formal sessions Tuesday, Wednesday or Thursday, depending on when a conference committee report is filed.

However, the House has no plans to return Tuesday, scheduling an informal session for Wednesday, a day Murray intends to spend, at least partly, in Washington D.C. at an international biotech convention.

Barring a deal, the House is only scheduled to meet this week in a pair of informal sessions, which few lawmakers attend, and typically uncontroversial, local measures are the only items on the docket.

Gov. Deval Patrick Friday filed the interim budget Friday when it became clearer that it may be needed.

Other policy issues that could be in play during the House-Senate budget negotiations include competing proposals to address the spiking cost of indigent defense counsel. The House also moved to repeal a ban on gifts from pharmaceutical companies to doctors, while the Senate moved to sharply restrict the use of aversive therapy for the developmentally disabled.

During its deliberations, the Senate passed a sharp crackdown on illegal immigrants, and the House passed a plan to steer leftover funds at the end of the fiscal year back to cities and towns as local aid.


State House News Service
Thursday, June 30, 2011

Budget negotiators serve up $30.6 billion budget for pre-holiday vote
By Kyle Cheney


In a little-foreshadowed move, lawmakers in a fiscal 2012 budget accord filed Thursday night essentially wiped out a $65 million cut to local aid that cities and towns have anticipating for months, House and Senate officials said Thursday.

During the spring, the House and Senate passed budgets that slashed unrestricted aid to municipalities by $65 million, the latest in a series of local aid cuts. But a conference committee report agreed to Thursday would send unspent funds left over at the end of the current fiscal year – called reversions – back to cities and towns. That plan, legislative officials say, will assuredly eliminate the cuts that municipalities were expecting.

The plan, initially offered by the House Republican caucus, was included in an annual budget approved by the House in April. The conference committee negotiating the budget for the fiscal year that begins Friday – a panel of three House members and three senators, including one Republican from each branch – agreed to preserve that proposal in the final budget, which they filed minutes before an 8 p.m. deadline Thursday evening.

The $30.6 billion budget agreement is poised to reach Gov. Deval Patrick’s desk Friday. As expected, the proposal redefines the way cities and towns share health care costs with employees care, overhauls the state’s system of indigent defense counsel, and counts on a major curtailment of public health care spending.

The budget was filed after more than three weeks of closed-door negotiating that guaranteed an annual spending plan won’t be in place for the dawn of the new fiscal year. It appears lawmakers will be asked to vote on the bill with little time to review it.

The plan includes provisions aimed at cracking down on the use of electronic benefit cards for the purchase of alcohol, tobacco and lottery tickets, It also preserves a health insurance program for about 19,000 legal immigrants, at a cost of $42 million.

Stripped from the budget during negotiations were a House-passed repeal of a ban on gifts from pharmaceutical companies to doctors, a Senate-passed proposal to sharply restrict the use of aversive therapy for certain developmentally disabled residents and the repeal of a policy that levies triple damages on employers who fail to pay wages on time.

Stripped from the budget during negotiations were a House-passed repeal of a ban on gifts from pharmaceutical companies to doctors, a Senate-passed proposal to sharply restrict the use of aversive therapy for certain developmentally disabled residents and the repeal of a policy that levies triple damages on employers who fail to pay wages on time.

If the House and Senate pass the proposal during Friday sessions, as expected, Gov. Deval Patrick will have 10 days to review the bill before signing it, announcing vetoes and proposing amendments to various policy areas he wishes to adjust.

The compromise budget would be the largest in state history and is based on expected tax collections base of $20.525 billion. That figure represents an increase of more than $700 million over the current fiscal year but still falls short of the state's tax take three years ago, prior to the recession. The budget was crafted without $1.5 billion in federal aid that lawmakers and the governor relied on in fiscal 2011.

The proposal relies on a $185 million draw from the state’s rainy day fund, leaving the account at about $584 million. It also cuts services and depends on squeezing $800 million in health care cost growth by cutting and capping certain provider rates, slashing some Medicaid benefits and raising co-pays, streamlining Medicaid programs, and seeking $351 million in savings through contracts for Medicaid, Commonwealth Care and Group Insurance Commission health plans.

The budget plan includes $3.99 billion in education aid to cities and towns, an uptick in the state's commitment but an overall reduction when the loss of federal aid is taken into account. Unrestricted local aid would come in at $834 million, a $65 million decrease that lawmakers hope will be replenished by returning unspent funds – known as reversions – back to cities and towns.

The bill includes a $90 million uptick in a special education circuit breaker, as well as a $3 million increase in the regional transportation account.

The Patrick administration and lawmakers have also cheered what they have described as the elimination of a persistent structural deficit – caused largely by an annual reliance on onetime sources of revenue and an unchecked use of capital gains taxes – that has forced policymakers to close budget gaps each year with new revenues or revenue grabs, spending cuts or withdrawals from the rainy day fund.

Michael Widmer, president of the Massachusetts Taxpayers Foundation, said the near-elimination of the structural deficit could help lawmakers begin to restore funds for programs that have taken deep cuts throughout the recession, or cover unanticipated costs in programs like Medicaid.

The negotiated budget includes a compromise between competing House and Senate versions of a plan to restructure the state’s public counsel program for the indigent, which had seen its costs increase throughout the economic downturn and forced lawmakers to plug gaps in the program’s funding.

The pact would reduce the state’s reliance on privately funded defense counsel, requiring 25 percent of cases that involve indigent defense be handled by defenders on the public payroll, up from the current 10 percent. The plan also requires the Committee on Public Counsel Services, which oversees the state’s program of indigent defense, to apply a new set of standards to verify whether applicants for public defense are truly indigent. At budget hearings, critics said indigency verification efforts were weak.

The compromise budget represents a series of decisions by the six-member conference committee, which met privately for most of June to merge the House and Senate versions of the budget into one agreed-upon plan. The final report of the conference committee cannot be amended when it comes to the floor, and members will likely be asked Friday for an up or down vote on the plan. Since the respective House and Senate fiscal 2012 budgets passed this year with bipartisan support, the conference budget is expected to pass.

The budget is available at:
http://www.mass.gov/legis/journal/desktop/Current%20Agenda%202011/H3535.pdf.


The Boston Globe
Friday, July 1, 2011

Accord reached on state budget
Would limit collective bargaining
By Michael Levenson


House and Senate negotiators reached agreement yesterday on a $30.6 billion state budget that will limit the collective bargaining rights of teachers, police officers, and firefighters in an effort to ease the cost of health insurance for cities and towns.

The budget deal followed 24 days of closed-door negotiations between six top House and Senate lawmakers, who were trying to iron out the differences between their chambers’ versions of the state budget.

Lawmakers plan to vote on the accord today and then send it to Governor Deval Patrick, who will have 10 days to review it and issue vetoes.

Perhaps the most contentious proposal targets unions in an attempt to save cities and towns at least $100 million annually in health insurance costs. “This is a very constructive compromise which appears to strike a balance between the best of the House and Senate plans,’’ said Michael J. Widmer, president of the Massachusetts Taxpayers Foundation, a business-backed budget watchdog group. “Municipalities will save tens of millions of dollars, critical services and jobs will be protected, and municipal employees and retirees will continue to receive generous health benefits.’’

Unions, however, had no immediate comment.

Patrick has spoken favorably about the broad outlines of the proposal, but has not said whether he will sign this specific agreement.

He and lawmakers have described the entire state budget as among the most difficult in decades, because the state has been forced to close a $1.9 billion deficit that is mostly the result of the loss of $1.5 billion in federal stimulus money.

The budget includes no new taxes and instead cuts deeply across a range of state services, hitting the poor, the elderly, and the disabled. Patrick agreed to many of the cuts in his budget proposal released in January.

They include:

  A cut in direct benefits to poor people, which will reduce the clothing allowance given to children on welfare.

  A $4 million cut in the Department of Developmental Services, which would reduce services to 1,000 people.

  Significant cuts to the state’s Medicaid program that will require the poor and the elderly to pay more for prescription drugs and other medical services.

Lawmakers also agreed on a plan to hire 300 new public defenders, reducing the state’s reliance on private lawyers to perform criminal defense work for the poor.

Patrick, who wanted to hire 1,000 new public defenders, has argued that they can do the job at a lower cost. Stephen M. Brewer, the Senate budget chief, described the compromise as “a sea change from the status quo.’’

The budget jettisons a House plan that would have repealed the 2008 state law that banned drug and medical device companies from giving gifts to doctors in most cases. Some restaurant owners wanted the ban repealed, arguing that their businesses were suffering because they were no longer hosting lavish dinners sponsored by drug companies for doctors. But consumer groups countered that the ban helps to ensure that doctors are not unduly influenced by powerful special interests.

In approving a plan to limit public employee bargaining rights, lawmakers said they needed to help city and town managers negotiate health care agreements that will slow rising health insurance costs. Echoing the governor, they said their plan gives unions the right to discuss, but not veto, higher copayments and deductibles.

“We believe that the compromise we have reached will provide for a very fair and balanced approach that will allow for folks to have a voice, but will also allow for us to achieve the savings that I think we all want to achieve,’’ said Brian Dempsey, chairman of the House Ways and Means Committee.

The legislation allows local governments to move employees into the state’s health insurance program, the Group Insurance Commission, or make their own health plan changes, after a 30-day discussion period with unions. In the case of a deadlock, the dispute goes 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 will be able to modify the proposal. In either case, the panel can give 25 percent of the savings from the changes back to union employees for one year.

Only cities and towns that want to use the new negotiating process will do so; the new rules will not be required statewide.


The Boston Herald
Saturday, July 2, 2011

A Boston Herald editorial
Usual budget routine


Not a member of the state Legislature? Then good luck finding out how your money will be spent in the new fiscal year.

Oh, sure, the final compromise budget, a $30.6 billion effort approved on the Friday before a long holiday weekend, will be posted on the Web, and news reports are available.

But if you chose to tune into the (tardy) proceedings on Beacon Hill yesterday, particularly in the House, you found the usual, fawning praise for the effort of budget negotiators, pride in the bill they produced — but few specifics.

Gee, did everyone have a barbecue to get to?

Some lawmakers probably had little idea what they were agreeing to. After more than three weeks of (private) negotiations on a final spending plan, the budget was filed Thursday . . . at 8 p.m. Members were briefed on the details in (private) caucus about an hour before they voted yesterday.

And once the bill hit the floor, well, it was all over but the speeches. House Republicans joined the chorus of support. GOP senators raised spending concerns, and some pro-labor Democrats protested the final budget, but it was a done deal.

So why all the secrecy? There are a few missing pieces — the repeal of several onerous government regulations, for example. But the budget is balanced with a combination of cuts and reforms, and no new taxes.

On a plan to limit collective bargaining over municipal health insurance, we preferred the House’s more direct approach — the compromise looks too much like the Senate plan, which drags out the proceedings — but the projected savings are the same, about $100 million.

And a change in the way the state provides legal services to the poor is a big improvement on Gov. Deval Patrick’s plan; the compromise calls for eventually hiring 300 new government lawyers (down from Patrick’s 1,000), leading to an eventual 75-25 percent split between private bar advocates and defenders on the public payroll.

Senate Ways and Means Chairman Stephen M. Brewer told his colleagues that given the present fiscal challenges, this was the most significant budget ever passed in the history of the commonwealth. Mull that one over the hot dogs and potato salad.


The Boston Globe
Saturday, July 2, 2011

Legislature seeks to ease local aid crunch with $30.6b budget
Provisions are cut on immigration and shock therapy
By Michael Levenson


Lawmakers approved a state budget yesterday after making a last-minute change that could ease a $65 million cut in aid to cities and towns. They also killed controversial measures affecting immigration, nonprofit groups, and skin-shock therapy for children.

The Legislature approved the $30.6 billion plan on a 150-to-2 vote in the House and a 33-to-4 vote in the Senate, sending it to Governor Deval Patrick, who will have 10 days to review it and issue vetoes.

Despite describing the budget as among the toughest in decades, lawmakers approved a provision that would send up to $65 million of the state’s surplus from the fiscal year that just ended back to local communities in the fall.

Local aid, which pays for senior centers, trash collectors, police officers, and other local services, had been cut by 32 percent, or $416 million, over the last three years, according to the Massachusetts Municipal Association.

City and town leaders said they were pleasantly surprised that they might be spared another hit this year. But they said it was too soon to know whether there would be enough money in the surplus to completely reverse the $65 million cut in local aid. Although the budget year ended on Thursday, it will take weeks for the state to finish closing its books.

“Essentially what the Legislature is saying is that if there is a year-end surplus, a portion of that would be shared with cities and towns,’’ said Geoff Beckwith, executive director of the municipal association, which represents cities and towns. “But the exact nature of whether and how much there is won’t be known until the fall.’’

Mayor Thomas G. Ambrosino of Revere said communities would welcome the relief.

“That would be extremely helpful to cities and towns that were suffering,’’ he said. “It will give people the opportunity to rehire people who have been laid off and restore services that were cut.’’

The budget closes an estimated $1.9 billion deficit with a combination of spending cuts, promised savings from renegotiating contracts, and a $185 million withdrawal from the state’s Rainy Day Fund.

Among the cuts: a $1.5 million reduction in HIV and AIDS prevention, screening and support services - the third year in a row the program has been reduced.

In reaction, the AIDS Action Committee of Massachusetts said: “It is sheer folly to step away from what is still a public health crisis in the black, Hispanic, and gay/bisexual communities.’’

Lawmakers also scuttled several hot-button policy changes in the budget, including an immigration enforcement measure the Senate had quietly approved last month.

The move would have required companies doing business with the state to use a federal database to make sure their new hires are here legally; directed the state to use another registry to verify that the poor and elderly who receive state health care are legal residents; and stiffened penalties for trying to get a job with fake identification.

A group of student activists had camped out on the State House steps for 11 days to protest the measure. Yesterday, they cheered its removal with a handmade sign that read: “We did it!’’

Legislators also scuttled a Senate-approved plan that would have prohibited public charities from paying their board members without approval from the attorney general’s office.

The measure gained traction earlier this year, after the board of Blue Cross Blue Shield of Massachusetts voted to give its departing chief executive an $11 million payout. At the time, board members were receiving five-figure payments every year, which critics said had compromised their independence.

Lawmakers also jettisoned a Senate-approved measure that targeted the Judge Rotenberg Center in Canton, a controversial institute that uses skin-shock therapy to treat emotionally disturbed children.

The measure would have barred the center from administering skin shocks to new students. Parents of some Rotenberg patients have praised the method, known as aversive therapy, saying it has saved their children’s lives. But critics have called the shocks cruel and inhumane. In May, Matthew Israel, who founded the center, pleaded not guilty to obstruction of justice after he was accused of destroying evidence that was part of an official investigation into the center’s practices.

Senator Brian Joyce, a Milton Democrat, who has pushed to ban skin shocks, said it was “an absolute shame’’ that the provision was dropped. He said he hopes the governor will use his regulatory powers to curtail the treatment method.

Perhaps the most divisive measure in the budget would allow cities and towns to raise health insurance copayments and deductibles for their workers to the same levels paid by state employees, even if municipal unions object.

Supporters say the measure would save cities and towns $100 million in health insurance costs. But opponents have called it an assault on workers’ rights.

“This budget cuts away at heart and soul of collective bargaining,’’ said Senator Marc R. Pacheco, a Taunton Democrat and staunch union ally. “It’s a direct attack on the middle class.’’

Senator Steven A. Tolman, another union ally, called the measure an injustice and said it would drive teachers and other municipal union workers into bankruptcy. “We can’t feel good about that,’’ he said.

But the municipal association defended the measure, saying it gives unions “a strong and meaningful voice,’’ while delivering “the relief that taxpayers deserve.’’


State House News Service
Tuesday, July 5, 2011

Highlights aside, lawmakers pack budget with policy directives
By Kyle Cheney


The budget on Gov. Deval Patrick’s desk, the bulk of which appears headed for passage, has drawn scrutiny for its provisions to overhaul the way cities and towns design health plans for their workers, the way defense counsel is provided to indigent residents, and for its ambitious and untested plans to wring savings out of perpetually costly health care programs.

But buried in the 314-page document are dozens of potential sea changes to longstanding policies that received little attention and passing mention – if any – by lawmakers as they crafted, passed and negotiated the $30.6 billion budget during April, May and June.

Those provisions, included among 218 budget outside sections, affect areas of tax and energy policy, address the pay of state employees who work in the military, and provide for studies on a variety of issues that could set the stage for future policy moves.

Here’s a rundown of some of the lesser-publicized riders in the Legislature’s budget:

PAY FOR PUBLIC EMPLOYEES ON ACTIVE DUTY: The budget extends until Sept. 11, 2014 a program permitting cities, towns and school districts to continue paying the base pay of any employees on active military duty. The program, which requires that municipalities and school committees opt in to participate, pays those employees the difference between their public salary and any compensation they receive from the military. Without action, the program would expire later this year.

PENSION FUNDING SCHEDULE EXTENSION: Almost never highlighted by state budget writers but essential to their budget-balancing approach, the budget officially extends from 2025 to 2040 the due date for the state’s pension system to be fully funded, allowing the state to push off billions of dollars in payments to a future generation of taxpayers. The extension was largely agreed to by legislative leaders, Treasurer Steven Grossman and Gov. Deval Patrick in recent months but has yet to be put into effect.

ORGAN DONATION TAX DEDUCTION: Individuals who donate an organ – bone marrow, a liver, a pancreas, a kidney, an intestine or a lung – to another person for a transplant would be eligible to claim a tax deduction of up to $10,000, based on travel expenses, lodging expenses and lost wages connected with the procedure.

EXPANDING POWER OF CHILD ADVOCATE: The child advocate – a position created by lawmakers in 2008 as part of a push to crack down on child abuse and neglect – would gain “unrestricted access to all electronic information systems” under a provision in the budget, expanding the office’s access, which currently entitles the child advocate to see “all relevant” documents.

PUBLIC SAFETY FINES: The Commissioner of Public Safety would be authorized to levy fines of up to $5,000 for anyone who violates provisions of the law dealing with architecture, engineering and warehousing.

DOR TAX POLICY REPORT: The Department of Revenue would be required to file a quarterly report listing “tax policy issues under development.” The report would be required to include issues on which “the commissioner reasonably anticipates issuing public guidance” within a year, helping taxpayers and businesses anticipate potential changes in tax policy.

TAX JUDGMENTS: Under the budget, if a state agency is awarded a tax settlement or judgment in excess of $10 million, the proceeds would be deposited in the state’s rainy day fund, rather than the General Fund used to pay budgeted expenses.

FORWARD FUNDING OF REGIONAL TRANSIT AUTHORITIES: Set to take effect this month, a plan to require all regional transit authorities to establish a plan for forward funding would be pushed back another two years, according to the budget, to July 1, 2013. Under the provision, established originally as part of a 2008 overhaul of the state’s transportation system, “The secretary of the executive office for administration and finance shall develop a plan for accomplishing this conversion to forward funding and to seek the necessary appropriations to implement the plan.”

SNOW AND ICE DEFICIT SPENDING: The budget permits that state’s transportation authorities to spend up to $30 million into deficit if the state’s snow and ice costs exceed $50 million in the upcoming winter. This past winter, snow and ice removal costs exceeded $80 million, outpacing anticipated expenses of about $59 million.

TAX EXPENDITURE COMMISSION: Annual budgets typically include scads of study commissions and requirements that agencies file progress reports, many of which never act on their mandate, but some of which provide the substantive basis for major policy change. This year’s budget is no different. Among the panels established is a commission to review the state’s thick booklet of tax breaks for a variety of industries, which by some measurements exceed $20 billion each year. The tax expenditure budget has been on the Legislature’s radar for years, but little has been done in the way of a comprehensive proposal to amend or eliminate outdated tax breaks. The commission is charged with considering “the public policy objectives behind the grant of any tax expenditure, the metrics for measuring success in meeting those objectives and the need for additional reporting, sunset or clawback provisions.” The commission’s report is due April 30, 2012, and is required to include “any recommendations regarding changes to the administration or evaluation of current tax expenditures and criteria for evaluating proposals for new tax expenditures.” Member of the commission are to include designees of the secretary of administration and finance, the state auditor, the state treasurer, the House and Senate minority leaders, the House and Senate Ways and Means Committee chairs, the House and Senate Revenue Committee chairs, and two gubernatorial designees.

DEPARTMENT OF CORRECTION OF PROCUREMENT: The budget requires the Department of Correction to rebid its food, medical and commissary contracts at all state institutions. The agency is also required to confer with county sheriffs who may wish to participate in the procurement.

REAPPOINTMENT OF CPCS BOARD: Although plans to overhaul the state’s program for indigent defense counsel are well-known, less discussed was the provision to reconstitute the board of the Committee on Public Counsel Services within 90 days. The proposal ends the terms of the CPCS board 90 days after the governor signs the budget and requires that the governor nominate two members to one-year terms, that the Senate president and House speaker each nominate two members to two-year terms, and the Supreme Judicial Court nominate nine members to four-year terms.

EXTRAORDINARY WOMEN: The budget also includes a special commission to “identify women who have made an extraordinary contribution to the commonwealth” and determine a way to honor those women within the State House. The commission would include three members of the House, three members of the Senate and two gubernatorial appointees. The commission’s report is due Dec. 31.


The Boston Globe
Wednesday, July 6, 2011

A Boston Globe editorial
Plan for health care savings deserves Patrick’s support


Despite its pro-labor leanings, the Legislature has approved a state budget that limits the role of collective bargaining in determining health care benefits for city and town workers. Now Governor Patrick must put aside his own political fears about alienating organized labor and - like the Legislature - make the tough decision.

Many municipalities can’t provide basic services if forced to keep up with rising health care costs. A provision in the Legislature’s budget could save cities and towns up to $100 million by placing their workers in the state’s less-costly Group Insurance Commission, or a similar health insurance plan, over the objection of municipal unions.

Patrick sidestepped a question about the measure during a Sunday appearance on “Face the Nation’’ with Republican governors Scott Walker of Wisconsin and John Kasich of Ohio, each of whom has made aggressive efforts to curb collective bargaining. This is a tougher position for a Democrat with strong labor backers. But the Legislature’s health care measure is nowhere near as far-reaching what Walker and Kasich have proposed, and in any case Patrick’s first duty must be to the communities of Massachusetts.

Patrick could send the bill back to the Legislature with amendments. That would be akin to killing it. Amendments open the way for additional attacks by organized labor and undermine a carefully crafted compromise by the House and Senate.

The House favored a straightforward bill that would grant municipal managers unilateral power to increase co-payments and deductibles if negotiations with public workers failed to reach an agreement after 30 days. The Senate passed a watered-down version that would have made it difficult for towns to join the GIC. The compromise gives the municipalities final authority while establishing a three-member panel - including a labor member - that ensures up to 25 percent of the savings in the first year will be returned to employees.

This compromise gives organized labor far more clout than in the House bill. The three-member panel could block changes that, in its view, ask too much from workers. But it also must approve changes in the co-pays and deductibles of municipal workers as long as they don’t exceed those of state workers.

That sounds like the “meaningful voice’’ for labor that Patrick has said he wants. He should sign this measure without alteration.


The Boston Herald
Wednesday, July 6, 2011

A Boston Herald editorial
Meet in the middle


The Legislature has needlessly complicated the effort to reform the municipal health care system. But if the choice comes down to the compromise adopted in the new state budget — or a veto or amendment by Gov. Deval Patrick — well, we’ll choose the bird in the hand.

Patrick told CBS’ “Face the Nation” on Sunday that there are “a couple parts” of the reform legislation that he wants to examine more closely before making a final decision. And surely that was music to the ears of the Public Employees’ Coalition, a group of labor unions that within hours of the bill’s passage on Friday had expressed “disappointment” and vowed to seek changes to gain more protections for municipal workers and retirees.

But the changes they’re likely to seek would water down an already watered-down proposal.

And they’re unlikely to pass anyway. The budget containing the municipal health reform language passed both the House and Senate by veto-proof margins.

If Patrick signs the compromise into law as written, cities and towns would be able to present cost-saving health plan design changes — increases in co-payments and deductibles, for example, or a switch to the state Group Insurance Commission — to a local committee representing all municipal unions. The two sides would have a 30-day window to negotiate the details of an agreement.

If no agreement is reached, the matter would be turned over to a three-member panel empowered to implement the changes, within parameters. That panel would also determine how 25 percent of any savings realized from the reforms would be distributed to the unions in the first year.

Lawmakers wisely rejected a damaging Senate provision that would have required cities and towns to contribute the same amount for retiree health plan premiums as they do for active employees, forcing some communities to pay even more for retiree health benefits than they’re paying now.

We had hoped for more, but at the moment, this bill is the best hope for struggling cities and towns to realize meaningful savings. Patrick should accept it.

 

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