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CLT UPDATE
Wednesday, July 8, 2015

Taxpayers dodge a tax-hike bullet


The final budget did not include either the Senate's freezing of the income tax rate at 5.15 percent or an increase in taxes on flavored tobacco. The Senate had initially envisioned that an increase in the earned income tax credit could be funded by a freeze on the income tax, which is expected to ratchet down to 5 percent in future years because of economic triggers.

Funding the benefit for low-income workers to the repeal of a tax credit benefitting large multinational corporations is somewhat similar in style to Baker's own proposed financing of an earned income tax credit increase. Baker, who disfavored freezing the income tax rate, had proposed paying for the earned income tax credit by repealing the film tax credit - a move opposed by House leaders.

The budget also requires passage of a special act of the Legislature before any public funds can be spent to benefit the proposed 2024 Boston Olympics.

State House News Service
Tuesday, July 7, 2015
Tax changes, MBTA control board featured in budget accord


One major point of contention: whether to expand the earned income tax credit, designed to help the working poor, and how to pay for it.

Baker proposed funding an expansion, in part, through eliminating the controversial tax break for the film industry. The Senate, instead, sought to freeze an expected incremental decline in the state’s income tax from the current 5.15 percent to 5 percent. Both funding plans ran into stiff opposition.

In the end, House and Senate negotiators agreed to expand the credit by repealing a big corporate tax deduction. The deduction has never gone into effect — it has been delayed every year by the Legislature.

The earned income tax credit expansion, however funded, is a victory for Senate President Stanley C. Rosenberg and his left-leaning chamber — and was lauded by some advocates.

The Boston Globe
Tuesday, July 7, 2015
State budget will provide for T oversight panel

 


Chip Ford's CLT Commentary

By the end of today it is likely that the Legislature's FY2016 budget will be on Governor Baker's desk.  He'll have ten days to sign, veto in entirety, line-item veto, or amend what he receives.

The six-member House/Senate conference committee delivered their compromise budget to the clerk's office "about two minutes before an 8 p.m. deadline" last night.

"Freezing" the voters' income tax rollback to 5 percent ran into "stiff resistance" within the committee.  Funding to increase the so-called earned income tax credit was instead provided by repeal of a tax credit benefitting large multinational corporations "that has never gone into effect."  That sounds like a good solution to me!

It appears that our elected representatives for the most part decided to respect their constituents' mandate on the 2000 ballot and allow the roll back of the "temporary" income tax hike of 1989 to proceed.  I like to think that we at CLT the staff and you the membership had something to do with the conference committee's decision.

Still no budget, still no tax hike  (Jul 2)
The Senate vs. Taxpayers  (Jun 17)
Memo to Members of the Budget Conference Committee
State SJC and Senate vs. The Voters  (Jun 16)
Income tax hike remains a threat  (Jun 10)
Senate Tax Hike  (May 22)
"Tell the Suckers"  (May 21)
Another Tax Hike and Another "Promise"  (May 20)

Bill H.3650
An Act making appropriations for the fiscal year 2016 for the maintenance of
the departments, boards commissions, institutions and certain activities of the Commonwealth

Congratulations taxpayers!

 

Chip Ford


 

State House News Service
Tuesday, July 7, 2015

Tax changes, MBTA control board featured in budget accord
By Andy Metzger


The annual state budget compromise agreed to Tuesday by a six-member conference committee would eliminate a corporate tax break that has been suspended every year since its inception to pay for increased tax credits to low-income workers.

The $38.1 billion bill (H 3650) would also suspend for three years a law requiring a vetting process before privatization of services at the MBTA, giving Gov. Charlie Baker a partial win on a key reform he proposed for the transit agency.

At a briefing in her office Tuesday night, Senate Ways and Means Chairwoman Karen Spilka said the budget increases spending by 3.5 percent, less than the predicted 4.8 percent consensus on revenue growth. Spending growth in last year's budget required midyear cuts and a budget-balancing bill. Spilka also said she did not anticipate layoffs would be required to accommodate slower spending growth.

The Ashland Democrat said the budget increases funding for rental vouchers by about $20 million and also provides additional funds to emergency shelter including $2 million in new funding for housing and services for unaccompanied homeless youth.

Increasing unrestricted local aid by $34 million and local education aid by $111.2 million, the budget also establishes a bulk purchasing program for Narcan, an emergency medication to treat drug overdoses.

The bill, which was brought to the clerk's office about two minutes before an 8 p.m. deadline, has 213 outside sections. The House and Senate are both meeting in formal sessions Wednesday when the compromise budget is expected to shipped to Gov. Baker's desk.

The bill emerged from secret talks a week into fiscal 2016, and Baker will have 10 days to review it before signing it and announcing amendments and vetoes. The jacket of the conference report was signed by all six members of the House and Senate negotiating team, including the two Republicans.

"This bill includes a very promising start to the overall effort of fixing the MBTA. I want to thank Speaker [Robert] DeLeo and the House for their early adoption of the reforms necessary to increase the system's efficiency as well as the House and Senate conferees for including these reforms in this legislation," Baker said in a statement. Baker's spokesman Tim Buckley said, "The Governor was pleased to offer a solution to the $1.8B inherited deficit that invested in critical areas like public education, transportation and the department of children and families without raising taxes on the people of Massachusetts and he looks forward to reviewing the legislature's proposal soon."

The three-year suspension of the privatization law at the T deals a blow to Senate President Pro Tem Marc Pacheco whose championing of the 1993 legislation led to it being called the Pacheco law.

The budget bill also gives the secretary of transportation the authority to hire an MBTA general manager, increases the size of the state Transportation Board and creates a temporary fiscal and management control board for the T.

At the budget briefing, Senate President Stanley Rosenberg said he had not yet talked to Pacheco about the final version of the budget suspending his signature law.

Under the Pacheco law, the auditor must first sign off on whether privatization will result in savings without reducing service. Spilka said under the compromise budget, the inspector general would review outsourcing contracts after they are complete.

The repeal of a corporate tax break known as FAS-109 would wipe from the books legislation that has never gone into effect. That repeal is linked to an increase of the earned income tax credit from 15 percent of the federal tax credit to 23 percent. Both Baker and Rosenberg have pushed for the credit's expansion.

The $76 million in annual revenue that would be gained by permanently removing the corporate tax break is "almost exactly" the same amount as the cost of increasing the earned income tax credit, Rosenberg's counsel David Sullivan told reporters.

Suspension of the tax break led the Supreme Judicial Court to deem the budget passed by the House a "money bill," which means that actions the Senate later took around tax policy in its version were constitutional.

The final budget did not include either the Senate's freezing of the income tax rate at 5.15 percent or an increase in taxes on flavored tobacco. The Senate had initially envisioned that an increase in the earned income tax credit could be funded by a freeze on the income tax, which is expected to ratchet down to 5 percent in future years because of economic triggers.

Funding the benefit for low-income workers to the repeal of a tax credit benefitting large multinational corporations is somewhat similar in style to Baker's own proposed financing of an earned income tax credit increase. Baker, who disfavored freezing the income tax rate, had proposed paying for the earned income tax credit by repealing the film tax credit - a move opposed by House leaders.

The budget also requires passage of a special act of the Legislature before any public funds can be spent to benefit the proposed 2024 Boston Olympics.

The final budget did not include language directing MassHealth to contract with a provider organization for a Medicaid accountable care organization, an amendment that sparked a war of words between Steward Health Care and the Massachusetts Association of Health Plans.

Spilka said the budget "unfortunately" did not increase income eligibility requirements for home care assistance, which advocates said would avoid the need for costly nursing home service.

A House provision to increase the conservation land tax credit - which Rosenberg initially seized on to argue that the House budget was a "money bill" - was also not included in the final version, according to Spilka. Challenging the constitutionality of tax amendments adopted by the Senate, the House this year sought guidance from the Supreme Judicial Court. The court opined that the House's suspension of FAS-109, which had been a regular feature of budget bills, made it a money bill where tax policy could be changed. The state's constitution requires money bills to originate in the House. The full repeal would mean that next year the House would not have to send the Senate a money bill if it wanted to once again postpone the tax break.

The FAS-109 repeal and the earned income tax credit would both have a somewhat delayed effect.

"People would be filing in 2017," Spilka said.

House Ways and Means Chair Brian Dempsey issued a joint statement with Spilka, and did not attend the press briefing held in her office or hold his own budgetary press conference on Tuesday.

Spilka told reporters they should not read anything into Dempsey's absence, and said that the conference process had been beneficial in allowing her to learn more about the House's priorities. Without specifying any sticking points, Spilka said neither side got everything it wanted and praised the final product.


The Boston Globe
Tuesday, July 7, 2015

State budget will provide for T oversight panel
By David Scharfenberg and Joshua Miller


In a victory for Governor Charlie Baker, lawmakers are poised to approve a $38.1 billion budget Wednesday that includes a modified version of his controversial MBTA overhaul.

The legislation gives Baker a variant of the T oversight board he has sought for months and temporarily opens the door to greater privatization of services at the public transit agency.

Baker said in a statement the budget “includes a very promising start to the overall effort of fixing the MBTA.”

The spending plan, unveiled Tuesday night after negotiations by House and Senate lawmakers, works to close a projected $1.8 billion shortfall that helped define the first six months of the governor’s tenure.

It holds the line on taxes and fees for residents, legislators said, and expands a tax credit for more than 400,000 low-income workers.

The debate over taxes and spending, though, has been overshadowed by maneuvering over how to fix the Massachusetts Bay Transportation Authority, which repeatedly shut down during this winter’s historic storms.

Baker proposed changes in April that included a fiscal and management control board designed to right the troubled transit agency. He also wanted to permanently remove restrictions on privatization imposed by what’s known as the Pacheco law, which requires state agencies to prove that outsourcing would save money before it can go forward.

The legislation unveiled Tuesday tinkers with Baker’s proposed control board, tethering it more closely to the state’s broader transportation system, and removes Pacheco restrictions for the T for three years.

This may not be the end of the debate over the MBTA. A separate transportation bill is still winding its way through the Legislature.

And Baker administration officials said Tuesday they would push for other changes they have sought, such as greater leeway to raise fares and a shift in the way contract disputes are settled with T unions.

Eileen McAnneny, president of the business-backed Massachusetts Taxpayers Foundation, which has pressed for the T changes championed by Baker, said, “We’re certainly pleased that there are meaningful reforms that will help the MBTA get on sound financial footing, and we look forward to additional reforms.”

If the T has been the primary flashpoint this budget season, there have been other conflicts as well.

One major point of contention: whether to expand the earned income tax credit, designed to help the working poor, and how to pay for it.

Baker proposed funding an expansion, in part, through eliminating the controversial tax break for the film industry. The Senate, instead, sought to freeze an expected incremental decline in the state’s income tax from the current 5.15 percent to 5 percent. Both funding plans ran into stiff opposition.

In the end, House and Senate negotiators agreed to expand the credit by repealing a big corporate tax deduction. The deduction has never gone into effect — it has been delayed every year by the Legislature.

The earned income tax credit expansion, however funded, is a victory for Senate President Stanley C. Rosenberg and his left-leaning chamber — and was lauded by some advocates.

Noah Berger, the president of the liberal-leaning Massachusetts Budget and Policy Center, said the earned income tax credit increase “will help hundreds of thousands of working families pay for basic necessities like clothing and nutritious food for their kids.”

He pointed to studies that he said show “when the income of low-wage families increases, there are long-term positive effects on the children: They do better in school and earn more as adults.”

The budget, which Senate Ways and Means chairwoman Karen E. Spilka said would boost spending 3.5 percent over last fiscal year, includes modest increases in several areas.

Lawmakers would provide millions of new dollars to combat the opioid crisis that has torn through the state and more money to address homelessness.

They would also boost funding for the University of Massachusetts by about 4 percent, according to a school spokesman’s calculations, though student costs are still expected to rise for the academic year that begins in September.

One way the budget works to bridge the estimated $1.8 billion gap is by curbing the sharp growth of the state’s health care program for the poor.

Earlier this year, in another effort at filling the fiscal hole, the Legislature passed an early retirement program designed to trim the state’s payroll and save $172 million after costs. About 2,475 employees took advantage of the pension-sweetening deal and left state government last month.

Baker unveiled his proposed budget in March. The House and Senate subsequently passed their own plans and reconciled them in a committee composed of members of both chambers.

Rosenberg told reporters he is confident the full Legislature will approve the latest plan.

“I believe that the budget will be on the governor’s desk very soon,” he said Tuesday night, “but not before breakfast.”

Baker will have 10 days to take action on the spending plan. Among his options: signing it into law or vetoing all or part of it.

 

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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