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CLT UPDATE
Saturday, January 21, 2012

Gov. Patrick proposes more taxes, fee hikes, as usual


Gov. Deval L. Patrick will propose increases in state tobacco taxes next week, including a 50-cent-per-pack hike in the cigarette tax and imposition of new taxes on cigars, roll-your-own tobacco, pipe tobacco and smokeless tobacco.

The cigarette tax would give Massachusetts taxpayers the fifth-highest cigarette tax in the country and bring the tax on a pack of cigarettes to $3.01....

David E. Sullivan, general counsel for the state Department of Revenue, said yesterday that the new tobacco taxes are expected to bring in $72.5 million a year in new state revenue.

Those funds will be used to cover almost half the cost of the estimated $150 million in health insurance subsidies for legal immigrants the state is required to pay by a recent Supreme Judicial Court ruling.

The cigarette tax is among $260 million in tax and fee increases and other money-making measures Mr. Patrick will propose Wednesday as part of his 2013 fiscal year budget....

The Telegram & Gazette
Saturday, January 21, 2012
Patrick eyes taxes on tobacco, sugar
Soda, candy tax eyed


Some of the $260 million in tax increases, such as a sugar and soda tax, have been proposed before and failed to pass. Republicans, who control just a few seats in the Democratic-dominated Legislature, quickly objected to the revenue hikes.

“One thing is clear,’’ House minority leader Bradley H. Jones Jr. said in a statement. “The Patrick administration has a sweet tooth for tax increases.’’ ...

The Patrick administration acknowledged that it would be another challenging budget season, but also sought to highlight the state’s progress recovering from the recent fiscal tumult. Local officials took note of the $145 million in additional education spending, which would bring total state aid for local education to $4.1 billion, highest in state history.

But the increase will not necessarily mean more teachers or new supplies for the classroom. The $145 million will cover costs that rise each year, such as fuel, healthcare, and salary raises included in labor contracts.

The Boston Globe
Saturday, January 21, 2012
Patrick administration avoids local aid cut in budget proposal
News welcome to cities, towns


In a budget update letter to House members Tuesday, House Ways and Means Committee Chairman Rep. Brian Dempsey (D-Haverhill) said the state’s new fiscal 2013 tax revenue estimate will give budget writers $940 million more than this year’s estimated tax revenue. The estimate of new revenue is more than a billion dollars, or 6.9 percent higher than the original estimate used to build this year’s budget.

But even though Patrick last summer claimed the state had erased its longstanding structural budget gap, it appears the expected infusion of taxpayer funds won’t meet state’s expected spending demands.

In his letter, Dempsey, mirroring the pre-budget warning signals from the governor’s office, wrote, “These funds, while important, are almost certain to be eclipsed by well publicized increases in mandatory spending including Medicaid services for low-income and disabled residents, debt service, public pensions and collective bargaining agreements.” ...

During debate Wednesday on a $131 million spending bill that would boost fiscal 2012 midyear spending to about $282 million, Dempsey noted the state recently added $350 million to its rainy day account, bringing its balance up to $1.5 billion....

The fiscal 2012 budget weighed in at $30.5 billion when Patrick signed it last summer....

In his own brief floor remarks, Assistant Minority Leader Rep. George Peterson (R-Grafton) said he supported spending in the $131 million bill on county sheriffs, adult day health programs and low-income heating assistance. But Peterson called it “astounding” that state government’s fixed costs are on pace to fully consume anticipated new revenues. Forecasting tough decisions about entitlement programs, Peterson said the state needs to “get back to a budget that is sensible.” ...

While noting “our opportunities for creative solutions are also dwindling,” Dempsey didn’t stake out any ground in his letter on his budget-balancing preference, whether it be spending cuts or new revenues or taxes. The state’s 2009 sales tax increase was its last broad-based tax hike.

State House News Service
Friday, January 20, 2012
Dempsey sees ‘mandatory spending’ outpacing jump in tax collections


The increase in the cigarette tax would mark the second time in his tenure that Patrick has proposed raising the cigarette tax. In 2008, the Legislature approved a $1 increase. The tax on a pack of cigarettes would rise to $3.01 and the administration will also propose applying the new, higher tax rate to all other tobacco products sold in the state, according to Patrick’s budget chief.

Under the governor’s plan, Massachusetts would have the fifth highest tobacco tax in the country, but still lower than New York and Rhode Island, said Administration and Finance Secretary Jay Gonzalez.

The tax increase would generate $73 million in additional revenue, and be dedicated to the Commonwealth Care Trust Fund to cover half the cost of accepting legal immigrants into the state’s subsidized insurance program as mandated by a recent Supreme Judicial Court Decision....

House Minority Leader Brad Jones immediately criticized the plan, saying the state should find other ways to balance the budget rather than pulling money out of the economy.

“Is this part of the plan to help balance the budget in New Hampshire?” Jones said, calling the announcement “a Friday afternoon news dump” that he predicted would “go up in smoke.”

The State House News Service
Friday, January 20, 2011
Cigarette tax hike among $260M in revenue proposals sought by governor


The Senate unanimously supported a $131 million spending bill Thursday that includes $21 million for low-income heating assistance, $35 million for adult day health programs and $20 million for county sheriffs' operations. The bill also includes $20 million for state agencies' information technology costs and funds various collective bargaining agreements.

The bill also halts a scheduled spike in unemployment insurance costs for Massachusetts businesses. The main provisions of the bill were backed by the House on Wednesday and the bill could reach the governor next week.

The State House News Service
State Capitol Briefs
Thursday, January 19, 2012
Senate backs spending bill with U.I. rate freeze


Republican-led attempts to offer a statewide meals tax holiday in mid-March were defeated again Thursday, this time without a vote. The House voted 116-39 Wednesday to send the idea to a study, a move proponents said would kill the plan.

When the plan emerged Thursday in the Senate as an amendment to a similar $131 million budget bill, Sen. Bruce Tarr (R-Gloucester) was stopped short of proposing the meals tax holiday....

Afterward, Tarr called the amendment’s demise “another example of parliamentary wizardry.”

The State House News Service
State Capitol Briefs
Thursday, January 19, 2011
Meals tax holiday plan "out of order" in senate


We have to chuckle when we hear folks on Beacon Hill talk about how much a tax holiday will “cost” the state. The state doesn’t lay out one thin dime for a tax holiday. The state treasury simply collects less of your personal earnings and the receipts of businesses than it would otherwise....

House lawmakers doomed the proposal to a study (during debate on a $130 million, midyear “mini-budget” — just the latest such addition to the state’s spending tally this year). A similar effort failed last year.

Restaurant diners would have been spared the 6.25 percent sales tax on meals for six days, from March 18-23....

But in grave tones House leaders averred that the measure required a much deeper level of scrutiny before it could be considered. Apparently a year of languishing in committee was not sufficient time to do the very simple calculations on what the holiday would “cost.”

A Boston Herald editorial
Friday, January 20, 2012
Hungry for a tax break


Chip Ford's CLT Commentary

Here we go again, not enough revenue to keep Bacon Hill fat and happy so we need to be taxed more.  It never ends, there's never enough.

They spend it as fast as it comes in even faster, then borrow more.

This week Bacon Hill passed yet another "supplemental budget," $130 million more added to the $480 million in October on top of the $30.6 Billion initial FY12 budget passed last summer.

Money is no object. Just hit up the taxpayers for more, more, more.

$150 million in health insurance subsidies for legal immigrants? What ever happened to self-sufficient immigrants, allowed in only if they can support themselves or have a sponsor?

The $145 million in additional education spending the governor is proposing "will not necessarily mean more teachers or new supplies for the classroom." Of course not, that'll come later. That $145 million will merely "cover costs that rise each year, such as fuel, healthcare, and salary raises included in labor contracts." We've got to satisfy those government employees up front. Later will come the sob stories of teachers, firefighters and police lay-offs, when the next round of tax hikes are desired.

Even without the Patrick tax hikes, even with $1.5 Billion surplus stashed in the rainy day fund, "In a budget update letter to House members Tuesday, House Ways and Means Committee Chairman Rep. Brian Dempsey (D-Haverhill) said the state’s new fiscal 2013 tax revenue estimate will give budget writers $940 million more than this year’s estimated tax revenue, the Boston Globe reported. "The estimate of new revenue is more than a billion dollars, or 6.9 percent higher than the original estimate used to build this year’s budget.

"But even though Patrick last summer claimed the state had erased its longstanding structural budget gap, it appears the expected infusion of taxpayer funds won’t meet state’s expected spending demands."

Still they demand more, more, always more.

And More Is Never Enough (MINE) never will be if they can get away with taking it.

At the bottom of the taxpayer heap are smokers. Whenever government needs more money, and it never has enough, smokers are easy targets, the low-hanging fruit. Once again the sledge hammer is being brought down on them with full force.

The risk to the rest of us taxpayers is, government keeps pounding away at this minority, squeezing ever more revenue to establish and fund expanding government programs. These programs never go away nor ever solve the problems they're alleged to address. Are government agents such as our insatiable governor and the rest of his tax-borrow-and-spend horde deviously insincere, don't expect their professed good intentions for further burdening smokers to actually reduce consumption? Or instead, are they ignorant of the Law of Diminishing Returns? They obviously expect smokers will endlessly just 'cough up' whatever cost they impose, over and over again.

But what if smokers don't suck it up again? What if these victims decide they've had enough? What if enough of them actually quit the habit?

What, and who, will replace that enormous loss of revenue?

Let's take a look at what's at stake, the unconscionable tax burden smokers currently bear alone bear alone for now.

You may recall CLT's crusade in 1998-99, when our state attorney general joined with AGs from 45 other states in a lawsuit against "Big Tobacco." The stated purpose of the lawsuit was to seek reimbursement for the state's cost of treating sick smokers. We noted at that time that those costs were already paid by taxpayers, so any reimbursement gained should be returned to the damaged party:  Taxpayers.

CLT's "Tobacco Settlement"
Taxpayer Reimbursement Bill

The lawsuit ended with a "Master Settlement Agreement" in November of 1998. It directed, among other things, annual payments to the states in perpetuity. These payments have been estimated to total more than $200 Billion over the first 25 years, "subject to various offsets, reductions and adjustments."

Our state's share of the base amounts under the agreement through 2025 is nearly $8.96 Billion.

The tobacco companies quickly increased their price per pack of cigarettes by 45¢ to recoup their cost of the settlement. Corporations don't pay taxes, or settlements. They simply pass the cost on to their customers. Massachusetts has received some $250-$300 million every year since (e.g., $315.1 million in FY09; $263.7 million in FY10, and; $248.7 million in FY11), and will continue receiving these sums "in perpetuity."  This amounts to a 45¢ per pack backdoor tax on smokers.

After a 50¢ a pack tobacco excise tax increase or two in the ensuing years, in 2008, Bacon Hill passed and the governor signed a $1-a-pack increase, bringing it to its current excise tax level of $2.51-per-pack.

Also at about that time, tobacco products were stripped of their sales tax exemption, imposing the sales tax on top of the excise tax:  a tax on a tax.

In Fiscal Year 2010, the tobacco excise tax alone took in $456.2 million.

In Fiscal Year 2011, according to the latest state comptroller's report, it was expected to produce $484 million.

Though I was unable to find a breakdown of the sales tax taken from cigarettes sales alone, it can be approximately calculated. A single pack of cigarettes, according to a number of news reports, today sells for about $7.50-$8.00. The 6.25% sales tax on $7.50 is 47¢.

FY11 excise tax (projected) $484 million, divided by $2.51/pack = 192,828,685 packs sold

192,828,685 packs sold x $7.50/pack = $1,446,215,137 total sales

$1,446,215,137 total sales x .0625 sales tax = $90,388,446 sales tax from cigarettes

For the privilege of buying cigarettes in Massachusetts, last fiscal year smokers paid the state:

Tobacco Settlement: $248.7 million (45¢ per pack)

Excise Tax:  $484 million ($2.51 per pack)

Sales Tax:  $90.4 million (47¢ per pack)

Total taxes smokers paid to Massachusetts last year:  $823.1 million ($3.43 per pack)

Let's all hope the state doesn't finally kill the golden goose and leave the rest of us holding the near-billion dollar bag!

And that's the state's take, on top of the $1.01 per pack federal tax, increased from 39¢ in 2009 bringing taxes on a $7.50 pack of cigarettes to $4.44.

With government getting 59% of every sale, who are you more afraid of:  Big Tobacco, or Big Government?

But this is still not enough for Gov. Patrick.  He wants to add on another 50¢ per pack!

The next time you meet a smoker, make sure to say thanks!

Chip Ford


 

The Telegram & Gazette
Saturday, January 21, 2012

Patrick eyes taxes on tobacco, sugar
Soda, candy tax eyed
By John J. Monahan


Gov. Deval L. Patrick will propose increases in state tobacco taxes next week, including a 50-cent-per-pack hike in the cigarette tax and imposition of new taxes on cigars, roll-your-own tobacco, pipe tobacco and smokeless tobacco.

The cigarette tax would give Massachusetts taxpayers the fifth-highest cigarette tax in the country and bring the tax on a pack of cigarettes to $3.01.

David E. Sullivan, general counsel for the state Department of Revenue, said yesterday that the new tobacco taxes are expected to bring in $72.5 million a year in new state revenue.

Those funds will be used to cover almost half the cost of the estimated $150 million in health insurance subsidies for legal immigrants the state is required to pay by a recent Supreme Judicial Court ruling.

The cigarette tax is among $260 million in tax and fee increases and other money-making measures Mr. Patrick will propose Wednesday as part of his 2013 fiscal year budget.

Mr. Sullivan said about $62.5 million would come from the cigarette tax hike and about $10.4 million from new taxes on other tobacco products.

The governor is also reviving proposals previously rejected by the Legislature to eliminate the sales tax exemption on candy and sweetened soft-drinks and soda that would subject those products to the state's 6.25 percent sales tax. Estimates are that the candy and soda tax would generate $61.5 million annually, which would be directed to public health programs.

Mr. Patrick will also propose expansion of the bottle bill to require deposits on noncarbonated drinks and bottled water, which would be expected to bring the state about $23 million in unclaimed deposits. Of that amount, about $5 million would be allocated to improved coordination of local recycling programs.

Other money raisers he will propose include:

  $5 million in new revenues from advertising on state websites and vehicles.

  $5.8 million from fee increases for new licensing of adult day care providers.

  Expanded nursing home fees.

  Increases in environmental permit fees.

  $46 million from postponing a tax deduction for large multistate corporations.

  $10 million from changes in the way the state apportions payroll and sales factors in determining corporate taxes.

  $7 million in new taxes from markup of hotel room costs booked through out-of-state, internet-based reservation companies not previously taxed.

  $500,000 from elimination of a tax deduction for losing lottery tickets.

  $23 million from the use of new technology to better enforce state tax collections and identity taxpayers who underreport income.


The Boston Globe
Saturday, January 21, 2012

Patrick administration avoids local aid cut in budget proposal
News welcome to cities, towns
By Andrew Ryan


For the first time in four years, Massachusetts cities and towns may not face deep cuts in local aid, the lifeblood that helps cities and towns pay for police, trash pickup, tree trimming, and other services.

In its first volley of the budget season, the Patrick administration said yesterday that it would keep state aid to municipalities level, buoying the spirits of mayors, town managers, and selectmen as they begin hammering out spending plans for the coming year.

“The good news is there isn’t bad news,’’ said Mayor Thatcher W. Kezer III of Amesbury. “Revenues have stabilized. Local aid has stabilized.’’

In a speech before hundreds of municipal leaders, Lieutenant Governor Timothy P. Murray offered upbeat but cautious highlights of the administration’s proposed budget for the coming fiscal year, which will be unveiled in its entirety Wednesday. The key point for cities and towns was a plan to hold local aid at $833 million.

Murray also announced that state aid to local schools would be increased by $145 million, or 3.6 percent. Money to fix local roads would be augmented by an additional $45 million, giving cities and towns resources to repair streets battered by last winter’s unrelenting snow.

The administration’s spending plan for the forthcoming budget year also includes $260 million worth of proposed tax and fee increases, from boosting the cigarette tax by 50 cents a pack to eliminating a tax deduction for losing lottery tickets.

The budget is based on a modest rise in tax revenues, which are expected to increase by 4.5 percent in the fiscal year that begins in July.

“That’s good news and part of an encouraging trend,’’ Murray said in a speech at the annual meeting of the Massachusetts Municipal Association. “But it doesn’t mean we’re out of the woods yet.’’

Rising costs from inflation, healthcare, and other expenses continue to outpace the growth of tax revenues. To make up the difference, the administration will propose some cuts, said Jay Gonzalez, Governor Deval Patrick’s secretary of administration and finance, who would not name specifics yesterday.

Some of the $260 million in tax increases, such as a sugar and soda tax, have been proposed before and failed to pass. Republicans, who control just a few seats in the Democratic-dominated Legislature, quickly objected to the revenue hikes.

“One thing is clear,’’ House minority leader Bradley H. Jones Jr. said in a statement. “The Patrick administration has a sweet tooth for tax increases.’’

Yesterday’s speech by Murray marked the start of a months-long budget process. Numbers, proposals, and tax revenues will change, perhaps significantly, before a final budget is adopted for the next fiscal year.

“It’s going to be very tight,’’ said Michael J. Widmer, president of the Massachusetts Taxpayers Foundation. “There are going to be a number of places where there are budget cuts.

“It’s better news than the last several years for sure, but it’s also a fifth consecutive year of budget squeeze,’’ he said. “This is the longest fiscal siege that state and local government have experienced in decades.’’

The Patrick administration acknowledged that it would be another challenging budget season, but also sought to highlight the state’s progress recovering from the recent fiscal tumult. Local officials took note of the $145 million in additional education spending, which would bring total state aid for local education to $4.1 billion, highest in state history.

But the increase will not necessarily mean more teachers or new supplies for the classroom. The $145 million will cover costs that rise each year, such as fuel, healthcare, and salary raises included in labor contracts. The money will give all districts the same resources as the current year. But in the recent fiscal climate, anything short of a cut is good.

“They are telling districts not to push the panic button,’’ said Glenn Koocher, executive director of the Massachusetts Association of School Committees.

“I think the governor has gone out of his way to shield much of public education from the impact of the last three years,’’ Koocher said. “Schools across the country have been enduring really serious cuts.’’

Municipal leaders have also found new ways to cut costs, most notably the state’s recently enacted municipal healthcare law.

Murray said that nine communities have already used the law to save more than $30 million. The city of Beverly, for example, expects to save $1 million on health care, according to Mayor William F. Scanlon Jr.

The announcement yesterday that local aid would remain steady provided more reason for optimism, even if other costs increase.

“After the cuts we’ve had in the past, to be level-funded this year, it’s good news,’’ Scanlon said yesterday. “It’s not going to be easy, but it’s going to be less hard this coming year.

“And it looks like there’s a little bit of sunshine out in front of us.’’


State House News Service
Friday, January 20, 2012

Dempsey sees ‘mandatory spending’ outpacing jump in tax collections
By Michael Norton


A projected jump in state tax collections next fiscal year of more than a billion dollars will likely be outpaced by “mandatory spending” in four major areas, according to the House budget chief, who is also warning of “dwindling” opportunities for creative solutions to state budget problems.

In a budget update letter to House members Tuesday, House Ways and Means Committee Chairman Rep. Brian Dempsey (D-Haverhill) said the state’s new fiscal 2013 tax revenue estimate will give budget writers $940 million more than this year’s estimated tax revenue. The estimate of new revenue is more than a billion dollars, or 6.9 percent higher than the original estimate used to build this year’s budget.

But even though Patrick last summer claimed the state had erased its longstanding structural budget gap, it appears the expected infusion of taxpayer funds won’t meet state’s expected spending demands.

In his letter, Dempsey, mirroring the pre-budget warning signals from the governor’s office, wrote, “These funds, while important, are almost certain to be eclipsed by well publicized increases in mandatory spending including Medicaid services for low-income and disabled residents, debt service, public pensions and collective bargaining agreements.”

Gov. Deval Patrick’s budget chief Jay Gonzalez last week cited the same four spending areas as on track to swallow up new revenue, and then some, leaving the rest of state government on pace for an overall reduction in spending, with limited increases and "many, many" programs level-funded, some slashed, and others eliminated altogether.

Patrick plans to release his fiscal 2013 budget next Wednesday and municipal officials are hoping for a preview of his approach to local aid when Patrick speaks at a conference in Boston Friday morning.

Patrick’s budget chief Jay Gonzalez said last week that Patrick’s budget bill will call for unspecified new revenues, but Gonzalez has previously ruled out inclusion of a broad-based tax hike in the spending plan.

House Speaker Robert DeLeo may address tax burden issues in an address planned later this month, but on Wednesday told the News Service he was not yet prepared to take a firm position on new revenue as he did last year when he ruled out new taxes and fees in late January.

“That’s one of the things I’m preparing to take a look at. I first want to see what the governor has done and after that I’ll have a comment on that,” DeLeo said.

During debate Wednesday on a $131 million spending bill that would boost fiscal 2012 midyear spending to about $282 million, Dempsey noted the state recently added $350 million to its rainy day account, bringing its balance up to $1.5 billion. But he cautioned the economy is recovering at a “very, very, very slow pace.”

“We are still not out of the woods in terms of our finances,” Dempsey said.

The fiscal 2012 budget weighed in at $30.5 billion when Patrick signed it last summer.

In his own brief floor remarks, Assistant Minority Leader Rep. George Peterson (R-Grafton) said he supported spending in the $131 million bill on county sheriffs, adult day health programs and low-income heating assistance. But Peterson called it “astounding” that state government’s fixed costs are on pace to fully consume anticipated new revenues. Forecasting tough decisions about entitlement programs, Peterson said the state needs to “get back to a budget that is sensible.”

In his letter, Dempsey cited two other developments, one involving the loss of tax revenue and the other calling for new spending, as adding pressure to the budget. Reductions in the income and corporate taxes on Jan. 1 will subtract between $126 million and $132 million from the state’s coffers and a recent high court ruling will require the state to restore legal immigrant health coverage at a $150 million annual cost.

With Gov. Patrick a week away from releasing his latest annual spending plan, the governor’s office has declined to estimate the gap between projected state spending and revenues, though Gonzalez last week predicted level-service spending demands would grow by $1.6 billion.

Senate budget chief Stephen Brewer last week estimated an $800 million to $900 million gap. Dempsey, in his letter, suggested it could be even higher, saying “it remains to be seen” whether the gap is as large as the $1.5 billion fiscal 2012 chasm.

While noting “our opportunities for creative solutions are also dwindling,” Dempsey didn’t stake out any ground in his letter on his budget-balancing preference, whether it be spending cuts or new revenues or taxes. The state’s 2009 sales tax increase was its last broad-based tax hike.

Huge amounts of federal stimulus law funds helped the state bridge major budget gaps during and since the recession, but those funds have been exhausted and the state is receiving mixed signals from Washington about aid levels, with warnings of deep cuts coupled with a new three-year commitment to boost spending on Medicaid, the state’s biggest program, by $5.7 billion, or 26 percent.

Dempsey said the fiscal 2012 state budget, midway through the fiscal year, is meeting benchmarks, an indication that “it will make it through the year in balance.”

Matt Murphy contributed reporting


The State House News Service
Friday, January 20, 2011

Cigarette tax hike among $260M in revenue proposals sought by governor
By Matt Murphy


Massachusetts smokers would pay more than $3 per pack in state taxes under a 50-cent hike in the state cigarette tax Gov. Deval Patrick plans to include in his budget next week, one of a series of revenue proposals that Patrick hopes will generate $260 million in new revenue for his spending plan.

The increase in the cigarette tax would mark the second time in his tenure that Patrick has proposed raising the cigarette tax. In 2008, the Legislature approved a $1 increase. The tax on a pack of cigarettes would rise to $3.01 and the administration will also propose applying the new, higher tax rate to all other tobacco products sold in the state, according to Patrick’s budget chief.

Under the governor’s plan, Massachusetts would have the fifth highest tobacco tax in the country, but still lower than New York and Rhode Island, said Administration and Finance Secretary Jay Gonzalez.

The tax increase would generate $73 million in additional revenue, and be dedicated to the Commonwealth Care Trust Fund to cover half the cost of accepting legal immigrants into the state’s subsidized insurance program as mandated by a recent Supreme Judicial Court Decision.

As in years past, Patrick will also call for the application of the state sales tax to candy and soda, and an expansion of the bottle bill to include water bottles, juices, coffee and sports drinks. Those two proposals would generate $62.5 million and $22 million respectively, with $5 million from the bottle bill expansion dedicated to recycling programs and $10 million from the sales tax steered under an existing formula to transportation and school building.

“This is something the governor has filed at least once, probably twice before, that has good public policy benefits that discourages consumption of products that are unhealthy for people that cost the taxpayers more in public health costs,” Secretary of Administration and Finance Jay Gonzalez said.

House Speaker Robert DeLeo, who led the push to hike the sales tax in 2009, earlier this week told the News Service he would wait to see Patrick’s budget before taking a position on new fees and taxes for next year, though in the past he has ruled them out early in the budget process. The Legislature more than once has rejected Patrick’s call for taxing candy and soda and expanding the bottle bill.

“That doesn’t mean we still don’t believe they’re the right things to do, particularly the ones that have public health benefits and there’s a lot of public support for them and that’s why the governor thinks it’s important to seek them,” Gonzalez said.

House Minority Leader Brad Jones immediately criticized the plan, saying the state should find other ways to balance the budget rather than pulling money out of the economy.

“Is this part of the plan to help balance the budget in New Hampshire?” Jones said, calling the announcement “a Friday afternoon news dump” that he predicted would “go up in smoke.”

Gonzalez said the “tradeoffs” to these new revenue proposals would be cuts to programs that are “in many ways on their last legs.” He declined to estimate the extent of spending cuts that will be included in Patrick’s budget.

Among the other revenue-generating proposals that Patrick plans to include in his budget is a delay in the FAS 109 deduction which was a component of the corporate tax reform law passed in 2008 giving certain large multi-state corporations a deduction to absorb costs incurred by a new combined reporting requirement. Delaying the implementation for one more year will let the state keep $46 million in revenue, according to Gonzalez.

The administration will also recommend applying the motel/hotel excise tax to the full cost of a room, including the markup from Internet resellers, for $7 million in revenue.

Two proposed changes to corporate tax law would include a new calculation for corporate taxes on sales based on consumption rather than sale origin, allowing Massachusetts companies that sell products out of state to pay less, while outside companies selling to Bay State consumers would pay more.

Subsidiaries of insurance companies that do not perform insurance-related business would also be taxed as a general corporation rather than on investments as insurance companies are currently taxed. The two corporate tax changes would net the state $17 million.

The governor’s budget will also recommend eliminating the tax deduction on losing Lottery tickets for $500,000; technology investments to better identify and collect uncollected and underreported taxes for $22.3 million; $5.8 million in agency fee increases; and $5 million in advertising revenue on state websites and vehicles.

Administration officials were not able to immediately list the fee hikes but Gonzalez said a Department of Environmental Protection fee associated with permitting would be raised to support the agency’s budget.

Massachusetts received a grade of “F” for “severely underfunding proven tobacco prevention and cessation programs,” with the state this year spending less than 1 cent on preventing kids from smoking for every $1 it receives in tobacco-related revenue, according to an annual report released Thursday by the American Lung Association.

The report gave Massachusetts a grade of “B” for its cigarette tax, noting the loophole allowing a smaller tax on candy-flavored chewing tobacco, dissolvable tobacco tablets and mini-cigars.

Massachusetts also got an “F” for inadequate coverage of services and treatment to help smokers quit, but an “A” for its smoke-free workplace law, which was approved in 2004.

The association and Tobacco Free Mass estimate tobacco kills more than 8,000 people per year in Massachusetts and accounts for 10 percent of the state’s health care costs, or over $4.5 billion a year.

Kyle Cheney and Michael Norton contributed reporting


The State House News Service
State Capitol Briefs
Thursday, January 19, 2012

Senate backs spending bill with U.I. rate freeze


The Senate unanimously supported a $131 million spending bill Thursday that includes $21 million for low-income heating assistance, $35 million for adult day health programs and $20 million for county sheriffs' operations. The bill also includes $20 million for state agencies' information technology costs and funds various collective bargaining agreements.

The bill also halts a scheduled spike in unemployment insurance costs for Massachusetts businesses. The main provisions of the bill were backed by the House on Wednesday and the bill could reach the governor next week.

Sens. Robert Hedlund (R-Weymouth) Patricia Jehlen (D-Somerville) and others used the debate on the catchall bill as a forum to vent frustrations about the MBTA's fiscal woes.

Hedlund ripped MBTA officials for pursuing expansion projects like the Greenbush Commuter Rail Line – which he said is subsidized at $38 per ride – and a rail line to connect Boston with Taunton and Fall River. "Either it's ignorance over at the T or they just don’t know how to run their house," added Sen. James Timilty (D-Walpole).
Backers of both extensions, as well as a legally mandated extension of the Green Line subway into Medford and Somerville, argue that they're important economic engines, will lure businesses and contribute to economic development.

Hedlund argued that even with potential job creation that comes with rail expansions, the state must also find a way to pay for ongoing operation and maintenance of the new lines.

The remarks came during a debate on an amendment Hedlund offered to block all MBTA expansion projects unless a funding source is identified. The Senate backed a redrafted version of the amendment, the details of which were not immediately available following the session.

"What this amendment seeks to do is say to the administration, the executive branch, no more expansion until you show us how we pay for any intended new expansion, or until we have the finances under control," Hedlund said.


The State House News Service
State Capitol Briefs
Thursday, January 19, 2011

Meals tax holiday plan "out of order" in senate


Republican-led attempts to offer a statewide meals tax holiday in mid-March were defeated again Thursday, this time without a vote. The House voted 116-39 Wednesday to send the idea to a study, a move proponents said would kill the plan.

When the plan emerged Thursday in the Senate as an amendment to a similar $131 million budget bill, Sen. Bruce Tarr (R-Gloucester) was stopped short of proposing the meals tax holiday. Senate President Murray ruled the amendment out of order because it dealt with state tax revenues. The Senate is not constitutionally allowed to initiate changes to taxes deposited into the general fund, only the House of Representatives, according to the House clerk.

Murray and Tarr went back and forth for several minutes, arguing over the amendment’s constitutionality. Tarr insisted the supplemental budget did contain a provision that affected state taxes: the proposed freeze of the unemployment insurance rate. Murray said the unemployment insurance rate was an assessment on companies, not a tax, and premiums do not go into the state’s general fund. Murray said the Senate could not debate establishing a new tax suspension. Tarr challenged her ruling, which stood with a 31-4 vote.

Afterward, Tarr called the amendment’s demise “another example of parliamentary wizardry.”


The Boston Herald
Friday, January 20, 2012

A Boston Herald editorial
Hungry for a tax break


We have to chuckle when we hear folks on Beacon Hill talk about how much a tax holiday will “cost” the state. The state doesn’t lay out one thin dime for a tax holiday. The state treasury simply collects less of your personal earnings and the receipts of businesses than it would otherwise.

The chuckle turns to outright laughter when the allegedly prohibitive “cost” is somewhere in the low millions. The sales tax holiday that the state observed last August amounted to a $20 million hit to the treasury. The state budget, by comparison, is in the neighborhood of $30 billion. As our friend George F. Will would say, that “cost” of the tax holiday essentially amounts to a rounding error in the state ledger.

Nevertheless the folks who control the public purse strings this week decided to kill an attempt to extend a bit of relief to restaurants, their workers and the public by refusing to authorize a meals tax holiday in March. House lawmakers doomed the proposal to a study (during debate on a $130 million, midyear “mini-budget” — just the latest such addition to the state’s spending tally this year). A similar effort failed last year.

Restaurant diners would have been spared the 6.25 percent sales tax on meals for six days, from March 18-23. Local option taxes on meals, which cities and towns are authorized to impose, would have remained in effect. The bill’s sponsor estimated the state would forego $8.8 million in tax receipts that week.

Restaurant industry leaders say that like the sales tax holiday, a six-day break on restaurant meals would boost business during what is typically the slowest month for dining out, increasing the take-home pay for restaurant workers and having a ripple effect on vendors.

But in grave tones House leaders averred that the measure required a much deeper level of scrutiny before it could be considered. Apparently a year of languishing in committee was not sufficient time to do the very simple calculations on what the holiday would “cost.”

 

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