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CLT UPDATE
Friday, May 15, 2015

Senate to begin debating its budget on Tuesday


Plans to expand a tax credit that benefits low-income workers are faltering, with lawmakers unable to reach consensus over how to pay for it.

The plan, a key piece of Gov. Charlie Baker’s legislative agenda, doubles the earned income tax credit that now puts $125 million a year back into the pockets of hundreds of thousands of low-wage workers.

The first-term Republican governor wants to scrap the state’s film tax credit to pay for it.

While there is broad support on Beacon Hill to expand the program for low-income workers, House and Senate leaders haven’t agreed on how to cover the lost revenue....

Lawmakers have pitched alternatives including one that would freeze automatic decreases in the state’s personal income tax, but the proposals have garnered little support.

To be sure, supporters of the film tax credit have pushed hard against Baker’s proposal, staging protests and turning up for legislative hearings to voice opposition....

The film tax credit provides a subsidy equal to 25 percent of production costs including set construction, wages, security, food, gas, lodging and other expenses for cast and crew.

That means a studio that spends $10 million is eligible for a tax credit worth $2.5 million — even if it paid little or no taxes.

Since 2006, more than $400 million in film tax credits have gone to Hollywood productions including like “Ted” and “The Town.”

In 2012, the state paid $78.9 million in tax credits to 98 productions, which the Department of Revenue says generated about $11 million in revenue from taxes and spending.

State officials say the tax incentives have created jobs since 2006, though the average cost to the state is about $120,000 per job....

The Salem News
Friday, May 15, 2015
Baker's plan to expand tax break hits snag


The budget plan that state Senate leaders proposed this week is fine as far as it goes — the bottom line is slightly lower (for the moment anyway) than the one approved last month by the House, and it contains (for the moment anyway) no new taxes or fees.

But the entire $38 billion exercise is flawed, since senators are choosing simply to ignore important money-saving reforms that are sorely needed at the broke — and broken — MBTA....

Of course the upper chamber is, traditionally, where reasonable reforms that displease public employee unions go to die. That explains why the Senate budget does not include a suspension of the Pacheco law. And there is little optimism that senators will ever go along with the reform — particularly those who have become dependent on the generosity of the Boston Carmen’s Union.

A Boston Herald editorial
Wednesday, May 13, 2015
Big stall in the Senate


Senators filed 942 amendments to the $38 billion Ways and Means budget proposal that will be debated next week, according to the clerk's office, as the deadline to file for changes to the spending and policy bill passed Thursday afternoon.

Senate leaders are fully expecting a debate over tax policy after Senate President Stanley Rosenberg said he was advised by the Senate counsel that the House opened the door to tax amendments with two provisions inserted into its budget bill (H 3400), including an expanded land conservation tax credit.

"There will be a debate, because it is a money bill," Rosenberg said Wednesday. House Speaker Robert DeLeo, who has voiced opposition to raising taxes this year, disagrees with Rosenberg.

Taking advantage of that perceived opening, multiple senators filed tax amendments, including proposals to expand the popular earned income tax credit and to reduce both the sales and income taxes to 5 percent....

Senate Minority Leader Bruce Tarr, who filed amendments to lower the income and sales taxes, also filed a proposal to expand the EITC to 30 percent of the federal credit over three years....

The Senate plans to open debate on the fiscal 2016 budget next Tuesday.

State House News Service
Thursday, May 14, 2015
Stage set for senate tax debate as budget amendment deadline passes


Gov. Charlie Baker is getting a pittance in disaster aid from the Obama White House compared to the tens of millions of dollars former Gov. Deval Patrick scored for lesser storms than the worst winter in memory inflicted on the Bay State, a Herald review found.

The Federal Emergency Management Agency rejected Baker’s request yesterday to extend the time available to Bay State communities to apply for reimbursement for the late-January blizzard.

Only $67.5 million in federal relief is expected to be available....

By comparison, Patrick was routinely granted FEMA disaster relief for much smaller storms, most of which covered a much larger percentage of the damage suffered in cities and towns....

Others were less gracious about the response from the president now that Patrick, a friend and former co-chairman of his re-election campaign, is out of office.

“We are at a disadvantage as long as Barack Obama is president,” said Barbara Anderson, executive director for Citizens for Limited Taxation.

“Gov. Baker is just one more person who has to deal with him for another year and a half.

“Maybe the president would have done a favor for Deval Patrick,” Anderson added, “but we better all just take a deep breath and wait until the president is out of office.”

The Boston Herald
Thursday, May 14, 2015
Charlie Baker gets cold shoulder...while Patrick got generous storm aid often
By Kimberly Atkins


So once again it’s not the crime — it’s the cover-up.

Had the Patrick administration merely bungled the development of the new Health Connector website we could blame (and have) incompetence, poor planning, mismanagement — in short, its usual failings.

But there is growing suspicion that officials working on the project deliberately misled the federal government — which was funding it — about its progress. And if state officials did lie to the feds in an effort to keep the funds flowing, well, we’re way beyond bureaucratic bungling here. It may even constitute a crime.

Last week the Baker administration confirmed it is cooperating with the Justice Department’s demand for documents related to the revamped Connector website. And yesterday the Pioneer Institute released a damning report quoting whistleblowers who worked on the project and who alleged deliberate concealment of its flaws....

Based on its review Pioneer suggests the state misrepresented progress to [the Centers for Medicare and Medicaid Services] on at least two occasions — during a misleading readiness test in March 2013, and again in a presentation in May, when it “vastly overstated” how much work had been completed.

If there is a crime here, it is not victimless. Taxpayers are on the hook for hundreds of millions of dollars wasted on a site that didn’t work — and that, according to one of the whistleblowers quoted in Pioneer’s report, everyone involved knew wouldn’t work.

A Boston Herald editorial
Tuesday, May 12, 2015
A damning diagnosis


Chip Ford's CLT Commentary

On Beacon Hill there is a big push to increase the state earned income tax credit (EITC).  The only disagreement is how to pay for doubling the cost of the current $125 million a year.

Gov. Baker wants to eliminate the state’s film tax credit to pay for it.  Some Democrats in the Legislature instead want to again "freeze" our income tax rollback at its current 5.15 percent.

Bear in mind that a tax credit is different from a tax deduction.  A tax deduction reduces the amount a taxpayer must pay when making out their tax returns each year.  A tax credit is an annual direct payment from government to the recipient whether that be a low-income worker or the film industry. Funding a doubling of the EITC should not come at the expense of the state's taxpayers ("freezing" the income tax rollback) just to continue support of the Hollywood film industry.


This week the state Senate Ways & Means Committee released its $38 billion FY2016 budget plan. The period for offering amendments to it closed on Thursday, with 942 amendments filed.  The debate on the budget will begin on Tuesday.

Senate President Stanley Rosenberg (D-Amherst) has unilaterally deemed it a "money bill," so that the Senate can therefore consider adding taxes to their final budget.  House Speaker Robert DeLeo (D-Winthrop) disagrees, and has pledged no new taxes or fees can be added.

Just one potential example is, on May 5, the State House News Service noted in its report ("CLT not giving up on "Promise" of 5 percent income tax rate"):

"Sen. Benjamin Downing (D-Pittsfield) said last week he is considering filing a budget amendment to increase the earned income tax credit while freezing the income tax rate at 5.15 percent. During his 2010 campaign, Charlie Baker made a 5 percent income tax rate a priority."

The Boston Herald editorial on Wednesday observed:  "Of course the upper chamber is, traditionally, where reasonable reforms that displease public employee unions go to die."  It is also where spending and taxes that favor liberals can be expected to be increased, if the proposed House budget is considered a "money bill." This is apparently the reason for the dispute between the House and Senate leaders.  It will bear watching, closely.

Whatever the Senate passes in its FY2016 budget proposal, it will then go to a conference committee composed of selected House and Senate members.  There, the differences will need to be reconciled in negotiations between the two branches.


Though he's gone, the Deval Patrick saga continues to haunt us.  So much of his mismanagement and malfeasance continues to plague the Commonwealth and Gov. Charlie Baker. The Patrick damage and the costs from them will saddle us for years if not decades to come.  Now that Patrick is out of office, the Obama administration's Justice Department has gotten around to investigating whether Patrick administration officials lied in reports submitted regarding its Health Connector website.  If fraud is found, this could cost Massachusetts taxpayers tens of millions more in fines, penalties, and restitution on top of all his other costly blunders and fiascos.

And while on the subject of Patrick and his Chicago cohort, President Obama isn't it curious how the Obama administration granted only $67.5 million in federal relief to the Baker administration for our record-breaking winter snowstorms this past season, but handed the Patrick administration $71.3 million in 2011 for one storm that left 3 feet of snow in the Berkshires, $51.5 million for a 2008 ice storm, and $42.2 million for a single snowstorm in 2013.  Sharing David Axelrod as their campaign guru (recall that the Patrick campaign was the test tube incubator for Axelrod's Obama campaign model) and other background similarities sure helped Patrick in one arena:  Cronyism.

As Barbara said:  "“Maybe the president would have done a favor for Deval Patrick, but we better all just take a deep breath and wait until the president is out of office.”


The threat of a Graduated Income Tax has been extended until October.  As a Grad Tax would require a constitutional amendment it would need to be passed in two successive legislative sessions (2015-16 then 2017-18), then approved by the voters.

The Legislature's 2015-16 Constitutional Convention was gaveled open by Senate President Rosenberg (D-Amherst) on Wednesday.  Sen. Petruccelli (D-East Boston) immediately moved to recess the convention until October 21, 2015 and the motion was adopted.

Chip Ford


 

The Salem News
Friday, May 15, 2015

Baker's plan to expand tax break hits snag
By Christian M. Wade, Statehouse Reporter


Plans to expand a tax credit that benefits low-income workers are faltering, with lawmakers unable to reach consensus over how to pay for it.

The plan, a key piece of Gov. Charlie Baker’s legislative agenda, doubles the earned income tax credit that now puts $125 million a year back into the pockets of hundreds of thousands of low-wage workers.

The first-term Republican governor wants to scrap the state’s film tax credit to pay for it.

While there is broad support on Beacon Hill to expand the program for low-income workers, House and Senate leaders haven’t agreed on how to cover the lost revenue.

“We all agree it’s necessary and merited, given income disparities in our state, but the question is how do we pay for it?” said Rep. Linda Campbell, D-Methuen, a member of the House Ways and Means Committee.

Lawmakers have pitched alternatives including one that would freeze automatic decreases in the state’s personal income tax, but the proposals have garnered little support.

To be sure, supporters of the film tax credit have pushed hard against Baker’s proposal, staging protests and turning up for legislative hearings to voice opposition.

On Tuesday, hundreds of film production workers rallied at the Statehouse, many holding bright yellow signs that read “Films = Jobs” as lawmakers arrived for work.

Production companies say the film tax credit has created thousands of jobs, including many on the North Shore, and supports a small but thriving industry.

“This tax break is creating good paying jobs and attracting films to the state,” Rick Barnes, an electrician who works in film production, said at Tuesday’s rally. “Why would they want to get rid of it?”

The film tax credit provides a subsidy equal to 25 percent of production costs including set construction, wages, security, food, gas, lodging and other expenses for cast and crew.

That means a studio that spends $10 million is eligible for a tax credit worth $2.5 million — even if it paid little or no taxes.

Since 2006, more than $400 million in film tax credits have gone to Hollywood productions including like “Ted” and “The Town.”

In 2012, the state paid $78.9 million in tax credits to 98 productions, which the Department of Revenue says generated about $11 million in revenue from taxes and spending.

State officials say the tax incentives have created jobs since 2006, though the average cost to the state is about $120,000 per job.

Tax credit popular

Meanwhile, more than 400,000 filers claim the earned income tax credit.

The program allows households earning less than $52,427 to claim 30 percent of what they received in earned income tax credits on federal returns.

Doubling the program, under Baker’s plan, gives families who now claim a maximum credit of $937 up to $1,874. That will go a long way in cities such as Salem and Lawrence, where large numbers of filers claim the credit.

“This tax credit helps lift people out of poverty,” said Evelyn Friedman, executive director of the Greater Lawrence Community Action Center, an anti-poverty group. “It allows them to pay down debt, buy a car and purchase things they need but couldn’t otherwise afford.”

In Salem, 3,156 filers took the credit in 2013. So did 2,675 in Peabody.

Government watchdogs say the tax credit, while essential for low-wage workers, has lagged behind the rising cost of living.

“Wages have stagnated for low- and moderate-income workers in Massachusetts and nationally, making it increasingly difficult for many hardworking parents to make ends meet and provide for their children,” said Noah Berger, president of the budget and policy center. “This program helps push back against that trend.”

Baker said he is willing to consider other ways to expand the program.

“As long as the math works and we’re able to double the credit, I’m open to suggestions,” he said in a recent interview. “But I’ve said from the start I didn’t want to file a tax cut without proposing a way to pay for it.”

Politically the Legislature’s slow acceptance of Baker’s plan represents another blow to his legislative agenda.

Last week, the Democratic-led Senate rebuffed his plans to reform the Massachusetts Bay Transportation Authority by establishing a control board and other measures to get the troubled transit system into order.

Instead, Senate leaders presented Baker with their own plan to fix the MBTA, which his administration is reviewing.

Christian Wade covers the Statehouse for CNHI’s Massachusetts newspapers


The Boston Herald
Wednesday, May 13, 2015

Boston Herald editorial
Big stall in the Senate


The budget plan that state Senate leaders proposed this week is fine as far as it goes — the bottom line is slightly lower (for the moment anyway) than the one approved last month by the House, and it contains (for the moment anyway) no new taxes or fees.

But the entire $38 billion exercise is flawed, since senators are choosing simply to ignore important money-saving reforms that are sorely needed at the broke — and broken — MBTA.

Now, everyone agrees the transit agency is in desperate need of reform. Gov. Charlie Baker proposed a bill last month that would make dramatic changes at the T, and the House in its budget proposal for fiscal 2016 went along with the most controversial of those changes — a suspension of the state’s anti-privatization statute, known as the Pacheco law. That law makes it difficult to realize significant savings within the transit system by contracting out services to private vendors. The House measure is temporary, but still a potential game-changer.

The Senate, on the other hand, took only a weak swing at T reforms in its budget — and missed.

Senators went along with Baker’s proposal to expand the membership of the Department of Transportation board from seven to 11, and agreed to empower Baker and future governors to appoint the MBTA general manager. Those are welcome steps, but in the face of what still needs to be done it amounts to rearranging the deck chairs on the Titanic.

Of course the upper chamber is, traditionally, where reasonable reforms that displease public employee unions go to die. That explains why the Senate budget does not include a suspension of the Pacheco law. And there is little optimism that senators will ever go along with the reform — particularly those who have become dependent on the generosity of the Boston Carmen’s Union.

It also explains why the budget retains the boost in funding for the T that was called for in a 2009 transportation reform bill — but ignores Baker’s request for a temporary fiscal management and control board that might actually make grown-up, fiscally responsible decisions about how the currently dysfunctional agency spends that money.

The Pacheco law, the control board and other T reforms may yet be taken up in a separate debate. But through their budget blueprint senators made clear this week not to expect particularly meaningful reforms to emerge from their wing of the State House.


State House News Service
Thursday, May 14, 2015

Stage set for senate tax debate as budget amendment deadline passes
By Matt Murphy


Senators filed 942 amendments to the $38 billion Ways and Means budget proposal that will be debated next week, according to the clerk's office, as the deadline to file for changes to the spending and policy bill passed Thursday afternoon.

Senate leaders are fully expecting a debate over tax policy after Senate President Stanley Rosenberg said he was advised by the Senate counsel that the House opened the door to tax amendments with two provisions inserted into its budget bill (H 3400), including an expanded land conservation tax credit.

"There will be a debate, because it is a money bill," Rosenberg said Wednesday. House Speaker Robert DeLeo, who has voiced opposition to raising taxes this year, disagrees with Rosenberg.

Taking advantage of that perceived opening, multiple senators filed tax amendments, including proposals to expand the popular earned income tax credit and to reduce both the sales and income taxes to 5 percent.

Gov. Charlie Baker has filed separate legislation to double the EITC for low-income families in Massachusetts to 30 percent of the federal tax credit, and to pay for the new policy by eliminating tax breaks for the film industry

Senate Minority Leader Bruce Tarr, who filed amendments to lower the income and sales taxes, also filed a proposal to expand the EITC to 30 percent of the federal credit over three years. Sen. Jamie Eldridge, and Acton Democrat, went further with his amendment to go to 50 percent of the federal earned income tax credit. Eldridge filed a separate amendment to repeal the film tax credits.

The deadline to file amendments to the Senate Ways and Means budget, which was released on Tuesday, was 5 p.m. on Thursday. The Senate plans to open debate on the fiscal 2016 budget next Tuesday.

With 40 members in the upper chamber, the total number of amendments averages to 23.5 per senators. House members filed 1,098 amendments to their leadership's budget proposal last month, or just under seven amendments per representative.


The Boston Herald
Thursday, May 14, 2015

Charlie Baker gets cold shoulder...
while Patrick got generous storm aid often
By Kimberly Atkins


WASHINGTON — Gov. Charlie Baker is getting a pittance in disaster aid from the Obama White House compared to the tens of millions of dollars former Gov. Deval Patrick scored for lesser storms than the worst winter in memory inflicted on the Bay State, a Herald review found.

The Federal Emergency Management Agency rejected Baker’s request yesterday to extend the time available to Bay State communities to apply for reimbursement for the late-January blizzard.

Only $67.5 million in federal relief is expected to be available.

That’s a drop in the bucket for the estimated $350 million or more in expenses incurred during the brutal storms that blanketed the region in more than 108 inches of snow this past winter. FEMA rejected the state’s request to help dig out from the entire record-setting season.

By comparison, Patrick was routinely granted FEMA disaster relief for much smaller storms, most of which covered a much larger percentage of the damage suffered in cities and towns.

For example, a 2011 October storm that left 3 feet of snow in the Berkshires resulted in $71.3 million in FEMA assistance. A December 2008 ice storm funneled $51.5 million to the state. And a February 2013 storm, with flooding, tallied $42.2 million.

While Baker downplayed the notion that partisan politics is at play, others cried foul.

“Having federal agencies politicized seems to be a pattern with this administration,” said state Sen. Robert Hedlund (R-Weymouth). “I’ve seen evidence of this in other areas. The (state health) Connector investigation, for instance. The timing there was curious. They didn’t announce the federal investigation until after former Gov. Deval Patrick left.”

Baker, in Washington to meet with members of the Massachusetts congressional delegation as well as federal transportation and health officials, said he was disappointed in the result.

“I obviously would have wanted a slightly broader playing field to deal with this, especially for the cities and towns that were affected by the storms,” Baker said.

“But the folks at FEMA up in Boston (are) working very hard on the ground with us to make sure that we get all of the documentation we need to get reimbursed.”

Others were less gracious about the response from the president now that Patrick, a friend and former co-chairman of his re-election campaign, is out of office.

“We are at a disadvantage as long as Barack Obama is president,” said Barbara Anderson, executive director for Citizens for Limited Taxation.

“Gov. Baker is just one more person who has to deal with him for another year and a half.

“Maybe the president would have done a favor for Deval Patrick,” Anderson added, “but we better all just take a deep breath and wait until the president is out of office.”

Joe Dwinell contributed to this report.


The Boston Herald
Tuesday, May 12, 2015

A Boston Herald editorial
A damning diagnosis


So once again it’s not the crime — it’s the cover-up.

Had the Patrick administration merely bungled the development of the new Health Connector website we could blame (and have) incompetence, poor planning, mismanagement — in short, its usual failings.

But there is growing suspicion that officials working on the project deliberately misled the federal government — which was funding it — about its progress. And if state officials did lie to the feds in an effort to keep the funds flowing, well, we’re way beyond bureaucratic bungling here. It may even constitute a crime.

Last week the Baker administration confirmed it is cooperating with the Justice Department’s demand for documents related to the revamped Connector website. And yesterday the Pioneer Institute released a damning report quoting whistleblowers who worked on the project and who alleged deliberate concealment of its flaws.

The Pioneer report details countless technical and management failures that doomed the project from the start. But the most troubling conclusion is that the state concealed those shortcomings, not just from the public and the media but from the Centers for Medicare and Medicaid Services.

Based on its review Pioneer suggests the state misrepresented progress to CMS on at least two occasions — during a misleading readiness test in March 2013, and again in a presentation in May, when it “vastly overstated” how much work had been completed.

If there is a crime here, it is not victimless. Taxpayers are on the hook for hundreds of millions of dollars wasted on a site that didn’t work — and that, according to one of the whistleblowers quoted in Pioneer’s report, everyone involved knew wouldn’t work.

Former general counsel to the U.S. Health and Human Services Department, Michael Astrue, writing in the Herald, has been calling for a federal probe for nearly a year, citing similar investigations well underway in Oregon and Maryland. Surely there is cause for concern over the timing of this DOJ probe as well as some obvious conflicts. The fact that Obama’s Justice Department is investigating work overseen by Gov. Deval Patrick, one of the administration’s top cheerleaders for Obamacare, bears monitoring.

Still, that an investigation is taking place at all should encourage taxpayers, who have been royally skewered here. Perhaps they will someday see justice after all.

 

NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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