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CLT UPDATE
Thursday, October 20, 2016

The lust for tax increases never abates


Tax collections surged in September and are running near budget benchmarks one quarter of the way into fiscal 2017.

The Department of Revenue reported Wednesday that September collections rose by $189 million, or 7.4 percent above collections in September 2015.


State House News Service
Wednesday, October 5, 2016
September surge has tax receipts running close to benchmarks


With a deadline looming on Saturday, Gov. Charlie Baker on Thursday said over the next couple of days he will discuss whether the state budget matches revenue projections and whether any corrective measures are necessary....

The governor and Secretary of Administration and Finance Kristen Lepore have until Saturday to affirm or adjust the estimate of revenues available to fund the current fiscal year budget.

Revenues are closely tracking the estimate that lawmakers used to build the budget that Baker signed in July. In the first two months of the fiscal year, revenues lagged significantly but bounced back in September to within $11 million of revenue benchmarks.

The governor indicated the budget might be out of alignment even if revenue benchmarks are met.

In July when he signed most of the fiscal 2017 budget, Baker vetoed $256 million from the $38.9 billion bill. Lawmakers subsequently restored all but about $24 million of that vetoed spending with overrides....

On Thursday the MassBenchmarks Board of Editors, taking a measure of the state's economic strengths and challenges, recommended additional tax revenues to meet the state's infrastructure and educational needs.

Finding "solid improvement" around the state in economic performance, the group of economists announced that it "strongly recommends that the legislature and governor take steps necessary to increase tax revenues available to meet the state's urgent unmet educational and infrastructure needs."

Baker on Thursday reiterated his aversion to tax increases, but said he was not familiar with the MassBenchmarks statement.

"I don't believe our problem is that our taxes are too low. I think our problem is that we continue to work on improving the way that we spend money," Baker said.

After receiving the first of two required affirmative votes by lawmakers earlier this year, the Legislature could take up a proposed constitutional amendment again in the next legislative session that would allow the voting public to decide in 2018 whether to impose a surtax on the state's highest earners....

State House News Service
Thursday, October 13, 2016
Baker considering midyear budget moves


House Speaker Robert A. DeLeo said in a television appearance last month that he wanted to consult economists about whether the state needs to raise taxes. A panel of Massachusetts economists took it upon themselves to come up with an answer, and Thursday they delivered it: Yes.

The editorial board of the economic journal MassBenchmarks, made up of 16 economists from the state’s colleges and universities along with the Federal Reserve Bank of Boston, took the rare step of recommending that legislators consider higher taxes to invest in education and infrastructure.

The board “strongly recommends that the legislature and governor take steps necessary to increase tax revenues available to meet the state’s urgent unmet educational and infrastructure needs,” the board said in its report....

“It is clear that reductions in the Commonwealth’s revenue generating capacity has stymied efforts to meet the pressing education and infrastructure needs that present ongoing threats to the state economy,” the report said.

The report was embraced by one Beacon Hill leader: Senate President Stanley C. Rosenberg. He said in a statement that the Massachusetts has “fallen behind in meeting our commitment to education and infrastructure.” And he highlighted the left-leaning Senate’s support for a proposed 2018 ballot measure, known as the millionaires tax, that would raise as much as $2.2 billion in new revenue annually from wealthy taxpayers.

The Boston Globe
Friday, October 14, 2016
Economists push state to raise taxes


Continuing to chase after state budget solutions, Gov. Charlie Baker’s administration on Friday identified what it sees as a $295 million deficit in the $39.25 billion budget just three months into the fiscal year, prompting the governor to pursue a reduction in workforce and contemplate likely spending cuts across state government....

The announcement established Baker’s authority to use his so-called “9c” powers to make emergency mid-year budget cuts, but the administration did not explicitly commit to cutting the full $295 million in spending from the budget or outline any specific reductions....

[Baker’s budget chief Kristen Lepore] said she has “commenced an exercise with Executive Branch agencies to identify spending reductions or other solutions that will be needed to balance the budget…”

“The administration will bring the budget into balance with savings initiatives and spending reductions that could reduce Executive Branch spending by about 1% of overall spending. Accounts such as local aid to cities and towns, local school aid, and core services at DCF will not see reductions. We will work with our executive branch agencies to identify solutions to close this gap,” Lepore said in a statement.

In revising the revenue estimate ahead of Saturday’s deadline, Lepore reduced the estimate of tax collections to support state spending in fiscal 2017 from $26.231 billion to $26.058 billion. The new estimate reflects 3.1 percent growth in tax revenues, or $789 million, above actual fiscal 2016 collections....

Baker in July vetoed $265 million in spending from the budget, but the Legislature overrode $231 million of those spending vetoes. At the time, Baker identified similar deficiencies that he felt lawmakers left underfunded. Legislative budget leaders did not respond to a request for comment on Friday.

State House News Service
Friday, October 14, 2016
Baker gearing up to solve latest budget problem: A $295 million deficit


The coalition that successfully pushed for earned sick time for workers at the polls in 2014 is throwing its weight behind incumbents supportive of its latest agenda - paid family leave, a $15 minimum wage and higher income taxes for the highest earners.

The Raise Up Together super PAC began running a mail and digital ad campaign on Friday to support 27 legislative incumbents, including one Republican, who voted this year to advance a constitutional amendment to impose a surtax on household incomes over $1 million.

The committee is prepared to spend at least $175,000 on the ad campaign in the coming weeks as it looks to return supportive lawmakers to Beacon Hill next session, according to someone associated with the group.

The political action committee, which was formed in late September by the Service Employees International Union, the Massachusetts Teachers Association, and the Coalition for Social Justice, began sending out mailers Friday, three weeks before election day....

Deb Fastino, of the Coalition for Social Justice, would not say how much money the committee had raised or how much it planned to spend in support of candidates beyond indicating they were prepared to spend "enough to make a difference in the election cycle."

"Anyone who supports the Raise Up agenda will get some kind of support from the PAC," Fastino said.

The super PAC was organized on Sept. 26, and has not yet filed any reports with the Office of Campaign and Political Finance.

State House News Service
Friday, October 14, 2016
Super PAC putting $$$ behind lawmakers who advanced income surtax


The Massachusetts High Technology Council is asking its members to raise $400,000 to lay the groundwork for a Beacon Hill campaign to kill the so-called “millionaires’ tax” ballot initiative before it reaches voters in 2018.

The council, a 130-member trade association that lobbies on behalf of the state’s high-tech industry at the State House, wants to determine the best strategy to persuade Massachusetts lawmakers to reverse their initial approval for the proposed constitutional amendment.

The money will allow the group to build a potential legal challenge and help sharpen its arguments to lawmakers that the tax would damage the state economy....

The High Technology Council wants to assemble a legal team to lay out the argument that the petition — created by Raise Up Massachusetts, a coalition of labor unions, faith based organizations, and community activists — does not meet constitutional muster....

The council argues that the proposal violates a provision in the state Constitution prohibiting initiative petitions from earmarking the revenue they raise for specific budget line items. The “millionaires’ tax” ballot question would direct the money raised to be used for public education and transportation.

Raise Up Massachusetts, which spearheaded the ballot initiative by collecting 157,000 voter signatures in 2015 to qualify for the ballot, argues that Attorney General Maura Healey’s ruling that its petition meets constitutional muster is sound.

Citing case law, the group’s legal counsel says the tax proposal meets constitutional requirements because it does not make line-item appropriations, but rather states that the revenue will be used to “provide the resources for quality public education and affordable public colleges and universities, and for the repair and maintenance of roads, bridges and public transportation.”

“The mere fact that there are limitations on those funds does not mean it is an appropriation,’’ said Raise Up’s attorney, Peter Enrich, a Northeastern University law professor and an expert in public administration. “It’s not an appropriation until the Legislature identifies a specific sum and makes it available expenditure for a specific purpose.”

The Boston Globe
Wednesday, October 19, 2016
High-tech panel will fight ‘millionaires’ tax’


Chip Ford's CLT Commentary

Last month the state took in 7.4 percent more than it collected in September 2015.  According to the state Department of Revenue's October 5th new release ("September Revenue Collections Total $2.740 Billion"), "For the first three months of the Fiscal Year, total revenues are 3.9% greater than the same period last year."
 
Still some would have us believe it's not enough, the state needs even more of our money.
 
This cannot be blamed on inflation, because benefits for more than 60 million Social Security recipients will go up next year by a mere 0.3 percent, the Social Security Administration announced on Tuesday.  That's the smallest cost-of-living adjustment (COLA) since the mid-1970s, and comes after recipients received no increase in benefits for 2016 because inflation was so low.
 
If that 3.9% in increased state revenue this fiscal isn't enough it's clearly because the state is spending more than even the revenue increase provides.
 
In July Gov. Baker vetoed $256 million from the $39.25 billion budget bill sent to him by the Legislature.  Legislators overrode all but $24 million of his spending cuts decided to storm ahead and spend more than they had.  A mere three months later a deficit of $295 million has suddenly been miraculously discovered.
 
"Finding 'solid improvement' around the state in economic performance,"  the State House News Service reported, "the group of economists announced that it 'strongly recommends that the legislature and governor take steps necessary to increase tax revenues available to meet the state's urgent unmet educational and infrastructure needs.'"
 
Who is this "group of economists" lusting for tax hikes?  You may not have ever heard of MassBenchmarks, but it's an extension of the Gimme Lobby and its assortment of tax-borrow-and-spenders.  According to its website:

MassBenchmarks is a journal of the Massachusetts economy published by the University of Massachusetts Donahue Institute in cooperation with the Federal Reserve Bank of Boston and managed by the Institute's Economic and Public Policy Research unit.

You got that?  The state taxpayer-subsidized University of Massachusetts, "in cooperation with" the Federal Reserve Bank of Boston.  Check out MassBenchmarks' editorial board. Note especially its Senior Contributing Editor, Alan Clayton-Matthews of Northeastern University who hasn't found a tax hike he didn't support.  We've come across him before, in fact often over the years.  A few CLT Blasts from the Past follow:
 
. . . “This slowdown had to occur. We couldn’t continue to grow at the phenomenal rates we were because the national economy has been slow to recover,” said Alan Clayton Matthews, an associate professor of public policy at Northeastern University and the director of the New England Economic Partnership, who delivered the forecast of the Massachusetts economy during the NEEP fall conference at the Federal Reserve Bank on Wednesday....

He said the structural deficit can also be expected to grow in coming years as spending needed to keep pace with increases in education, health care and debt service obligations will grow at 6 percent a year, while revenue growth will lag at 5 percent annually.

With one of the highest per capita revenue capacities in the country, Clayton-Matthews suggested that if the state were to set tax rates and fees at the average of all states it could increase revenue by $5 billion above current levels, based on a New England Public Policy Center study of fiscal 2002 revenue and spending.
 
State House News Service
November 17, 2010
Mass. economic forecast:
"Precarious" with a chance of slow growth
 

 
. . . According to the State House News Service, Alan Clayton-Matthews, director of the New England Economic Partnership, suggested that if the state were to set tax rates and fees at the average of all states, it could increase revenue by $5 billion above current levels, based on a New England Public Policy Center study.

Hey, why not? The majority of Massachusetts voters will probably be happy to pay $5 billion in new taxes to sustain Massachusetts' tried and true, familiar, business-as-usual political system.

It's so ... reliably, predictably outrageous.
 
The Salem News
December 1, 2010
Bay State voters just won't let go of corrupt status quo
by Barbara Anderson
 

 
It’s Massachusetts’ version of the federal tax debate that bitterly divided Congress: Will tax increases of the kind recently proposed by Governor Deval Patrick help or hurt the local economy?

And much like the federal debate, economists disagree. Some support the governor’s plan, lauding it for creating jobs and making the state more attractive to businesses, while others object to raising taxes on the heels of federal tax increases.

“I think it’s really positive in terms of the impact it will have,” Northeastern University economist Alan Clayton-Matthews said of Patrick’s proposal, citing the benefits of a better-educated workforce.

But Brian Bethune, an economics professor at Gordon College in Wenham, disagreed, saying tax increases would hamper economic growth.

This is “one of the worst ideas I’ve heard in a long time,” Bethune said....
 
 

Chip Faulkner has more to say about the Boston Globe report on MassBenchmarks and its tax hike proposal in his commentary below. He couldn't resist, asked that it be included.
 
Both sides of the proposed Graduated Income Tax (aka, the "Millionaire's Tax," aka, the "Fair Share Amendment") are gearing up for the next vote to put this on the 2018 ballot as a constitutional amendment.  The cabal of usual Gimme Lobby suspects — the teachers unions, public employee unions, and hands-in-our-pockets liberal special interest groups is raising money to support candidates for the Legislature who will support their scheme.  Meanwhile, our allies from our Proposition 2½ campaign, repeal of the Dukakis surtax, income tax rollback, and other pro-taxpayer ballot questions, is gearing up to oppose the Grad Tax ballot question again.
 
What I found most interesting is that the proponents trying to have the argument both ways which of course is not possible.  They know this too, but facts aren't going to slow them down.
 
Remember how, they promise, the revenue taken in from their "Millionaire's Tax" will be specifically dedicated and spent on transportation infrastructure and education?  We've argued that this is constitutionally not permitted, that the ballot question should not have been certified by the state attorney general.  Confronted by the Massachusetts High Technology Council's threatened lawsuit based on that position, the Gimme Lobby now argues:

Citing case law, the group’s legal counsel says the tax proposal meets constitutional requirements because it does not make line-item appropriations, but rather states that the revenue will be used to “provide the resources for quality public education and affordable public colleges and universities, and for the repair and maintenance of roads, bridges and public transportation.”

“The mere fact that there are limitations on those funds does not mean it is an appropriation,’’ said Raise Up’s attorney, Peter Enrich, a Northeastern University law professor and an expert in public administration. “It’s not an appropriation until the Legislature identifies a specific sum and makes it available expenditure for a specific purpose.”

So, now they're arguing that the promise they've made and have been asserting that all revenue raised from their proposal will be dedicated to specific spending isn't dedicated to anything whatsoever, acknowledging that the constitution doesn't allow that.

Just as we've said all along.

What they now argue is that, yes, only the Legislature can decide where any revenue can be spent.

Just as we've said all along.

They now assert that what they propose is not dedicating funds to specific spending but are "limitations" on how this new revenue can be spent.  And that's somehow different?

Are they just wrong and back-peddling, dodging the facts, or have they been knowingly lying about how the estimated $2.2 billion in additional revenue will be directly spent?  I suspect the latter, so they must think their Big Lie will deceive the voters.

We hope the Mass. High Tech Council prevails in its challenge, strangles this abomination in its crib.  It would be so much better than having to fight the sixth campaign to defeat another proposed Grad Tax constitutional amendment.

Chip Ford
Executive Director

Chip Faulkner's Commentary

The October 14th Boston Globe article (“Panel presses state on tax raise”) startled me. You mean there are actually people existing in Massachusetts who think we need MORE taxes? There is, if you consider the panel calling for higher taxes consisted mostly of 16 economists from the state’s colleges and universities. It isn’t enough for these befuddled academics that the state only recently raised the sales tax to 6.25% or that recent attempts almost succeeded in raising taxes on computer services and an automatic gas tax increase.

They want to increase tax revenues available to “meet the state’s urgent unmet educational and infrastructure needs.” Educational costs consist mostly of salaries and benefits. The increased revenues would undoubtedly fatten the pay checks of these state college economists proposing the tax hikes. How unselfish of them!

Did they ever consider the alternative to asking for more tax dollars? How about reining in the exploding cost of a college education? The number of administrators in most colleges and universities has risen dramatically in the last 30 years, as well as examples of professors teaching only a few hours a week and hauling in over $100,000 a year. Yet these economists don’t seem to care, but you can bet the students — and parents — paying the bills care.

They talk about “infrastructure needs” as a reason for more tax revenue. Not so fast. The gas tax increase was defeated at the ballot in 2014 precisely because the public saw the waste and inefficiency built into the state’s transportation system. Opponents of the gas tax increase pointed out that the administrative costs per mile of road construction in Massachusetts were the second highest in the United States. Oh, did I mention that the Big Dig’s original estimate was $2.6 Billion and ended up at more than $24 Billion. If these economists ever got out of their ivory towers and experienced the real world, they would realize their cluelessness.

The most incredible statement in the whole article was the contention of the economists that “a 2000 ballot initiative approved by state voters to reduce the income tax rate from 5.9 per cent to 5.0 percent has cut billions of dollars from the state’s coffers.” This elitist statement reeks of condescension. God forbid that state taxpayers prefer to spend their own money as they wish — rather than hand it over to the state! This group of economists deserves nothing but contempt for even suggesting a tax hike.

Chip Faulkner


 
State House News Service
Wednesday, October 5, 2016

September surge has tax receipts running close to benchmarks
By Michael Norton


Tax collections surged in September and are running near budget benchmarks one quarter of the way into fiscal 2017.

The Department of Revenue reported Wednesday that September collections rose by $189 million, or 7.4 percent above collections in September 2015.

September collections beat the monthly benchmark by $26 million and collections over the first three months of the fiscal year are running $11 million, or 0.2 percent below benchmarks.

Gov. Charlie Baker said recently that he wanted to review September collections before deciding whether changes are needed in the state's $38.9 billion budget.

Lawmakers in late July overrode scores of Baker budget vetoes, adding spending back to the budget, and Baker says they also underfunded other accounts that will need to be shored up at some point in the fiscal year.
 

State House News Service
Thursday, October 13, 2016

Baker considering midyear budget moves
By Andy Metzger


With a deadline looming on Saturday, Gov. Charlie Baker on Thursday said over the next couple of days he will discuss whether the state budget matches revenue projections and whether any corrective measures are necessary.

Fresh from a vacation in Ireland, Baker said the administration would have more to say about the budget picture on Friday.

The governor and Secretary of Administration and Finance Kristen Lepore have until Saturday to affirm or adjust the estimate of revenues available to fund the current fiscal year budget.

Revenues are closely tracking the estimate that lawmakers used to build the budget that Baker signed in July. In the first two months of the fiscal year, revenues lagged significantly but bounced back in September to within $11 million of revenue benchmarks.

The governor indicated the budget might be out of alignment even if revenue benchmarks are met.

In July when he signed most of the fiscal 2017 budget, Baker vetoed $256 million from the $38.9 billion bill. Lawmakers subsequently restored all but about $24 million of that vetoed spending with overrides.

The governor had made the cuts, which he described as "rightsizing," because the administration believes lawmakers underfunded accounts for snow and ice removal, sheriffs and indigent defense attorneys.

On the minds of those who receive state services or whose paychecks rely on state spending will be how much revenue Baker expects the state to take in through next June, how much he believes the state will need, and how he plans to handle any difference between those two numbers.

"We vetoed over $200 million worth of spending to live within the budget that we believe we received from the Legislature earlier this year. And those vetoes were based on an assumption that we would hit the benchmark that's currently being discussed as part of the September revenue conversation," Baker told reporters gathered in the lobby to his office. "The Legislature overrode the vast majority of those vetoes, which we said at the time we believe created a deficit, even if we bought in on what the benchmark was. And that's a conversation obviously that we're going to have today and tomorrow internally, and get back to you guys before Saturday."

In the early stages of developing the fiscal 2016 budget last January, state officials settled on $26.86 billion in expected state tax revenues, but adjusted the number during the spring budget-writing process as the revenue picture worsened. The Department of Revenue is now benchmarking against $26.231 billion in expected state tax revenues over the course of the fiscal year.

Baker has been chasing budget problems since he took office in January 2015, first after he inherited an out-of-balance budget from Gov. Deval Patrick and then after his administration and the Legislature overestimated how much taxpayers would have available to pay for fiscal 2016 spending. Right after her swearing in a year and a half ago, Lepore said the state was "bleeding" money.

Since then the governor and lawmakers have taken a range of approaches to try to match revenues to spending, initiating an early retirement program and putting additional capital gains tax revenues toward the general fund. The governor has also used his executive powers to cut spending.

On Thursday the MassBenchmarks Board of Editors, taking a measure of the state's economic strengths and challenges, recommended additional tax revenues to meet the state's infrastructure and educational needs.

Finding "solid improvement" around the state in economic performance, the group of economists announced that it "strongly recommends that the legislature and governor take steps necessary to increase tax revenues available to meet the state's urgent unmet educational and infrastructure needs."

Baker on Thursday reiterated his aversion to tax increases, but said he was not familiar with the MassBenchmarks statement.

"I don't believe our problem is that our taxes are too low. I think our problem is that we continue to work on improving the way that we spend money," Baker said.

After receiving the first of two required affirmative votes by lawmakers earlier this year, the Legislature could take up a proposed constitutional amendment again in the next legislative session that would allow the voting public to decide in 2018 whether to impose a surtax on the state's highest earners.


The Boston Globe
Friday, October 14, 2016

Economists push state to raise taxes
By Deirdre Fernandes and David Scharfenberg


House Speaker Robert A. DeLeo said in a television appearance last month that he wanted to consult economists about whether the state needs to raise taxes. A panel of Massachusetts economists took it upon themselves to come up with an answer, and Thursday they delivered it: Yes.

The editorial board of the economic journal MassBenchmarks, made up of 16 economists from the state’s colleges and universities along with the Federal Reserve Bank of Boston, took the rare step of recommending that legislators consider higher taxes to invest in education and infrastructure.

The board “strongly recommends that the legislature and governor take steps necessary to increase tax revenues available to meet the state’s urgent unmet educational and infrastructure needs,” the board said in its report.

Massachusetts needs to invest in schools and public colleges, along with bridges, mass transit, and water systems, according to the report, which is published by the University of Massachusetts.

“I know it’s become such a hot-button issue, no one wants to increase taxes,” said Robert Nakosteen, an economics professor at UMass Amherst and the executive editor of the journal. “Our political system can’t take a precipitous increase in tax rates, but we need to get started. . . . We’re really hoping to start the discussion.”

It’s unclear, though, how far that discussion will go. DeLeo, a Democrat, has been hesitant to raise taxes. And his spokesman greeted the economists’ report Thursday with a lukewarm statement.

“Speaker DeLeo continues to view raising revenue as a last resort,” said the spokesman, Seth Gitell. “Currently he is in the process, along with staff and the relevant House committees, of compiling information and data from a number of expert sources. Accordingly, it is far too early to determine the Commonwealth’s revenue picture for the upcoming fiscal year.”

Governor Charlie Baker has also opposed tax hikes, and he did not break from that position Thursday. “I don’t believe our problem is that . . . our taxes are too low,” he told reporters at the State House. “I think our problem is we need to continue to work on improving the way we spend money.”

MassBenchmarks takes the pulse of the state’s economy several times a year and usually provides projections on economic growth and the labor market. In its 20-year history, it has rarely delved into political issues, although it has generally discussed the need for greater investment in preschool education and roads in the past.

The last time it made fiscal recommendations was during the financial crisis of 2008, when it backed calls for the federal government to invest in infrastructure as a way to jump-start the economy and nearly two years ago when it urged the state to take action to fix the MBTA after the record snowfall paralyzed the system, Nakosteen said.

But if the state falls behind in producing a skilled labor force and lets its infrastructure crumble, it could make Massachusetts less competitive economically, said Mike Goodman, the executive director of the Public Policy Center at the University of Massachusetts Dartmouth.

For example, Massachusetts’ funding for preschool programs failed to keep up with inflation since 2009, and nearly 9.5 percent, or 487, of the state’s bridges are structurally deficient, the economists pointed out.

At the same time, a 2000 ballot initiative approved by state voters to reduce the income tax rate from 5.9 percent to 5.0 percent has cut billions of dollars from the state’s coffers, the economists said.

“It is clear that reductions in the Commonwealth’s revenue generating capacity has stymied efforts to meet the pressing education and infrastructure needs that present ongoing threats to the state economy,” the report said.

The report was embraced by one Beacon Hill leader: Senate President Stanley C. Rosenberg. He said in a statement that the Massachusetts has “fallen behind in meeting our commitment to education and infrastructure.” And he highlighted the left-leaning Senate’s support for a proposed 2018 ballot measure, known as the millionaires tax, that would raise as much as $2.2 billion in new revenue annually from wealthy taxpayers.


State House News Service
Friday, October 14, 2016

Baker gearing up to solve latest budget problem: A $295 million deficit
By Matt Murphy


Continuing to chase after state budget solutions, Gov. Charlie Baker’s administration on Friday identified what it sees as a $295 million deficit in the $39.25 billion budget just three months into the fiscal year, prompting the governor to pursue a reduction in workforce and contemplate likely spending cuts across state government.

The estimated deficiency lines up closely with the amount the Republican governor tried to slash from the budget in July before the Democrat-controlled Legislature steamrolled through most of his vetoes.

Revenue collections rebounded in September after a sluggish July and August, settling within $11 million of projections. But overly optimistic estimates of sales tax revenues and chronically underfunded programs that Baker wants to shore up led to the actions taken at the mid-October deadline to reassess state finances, officials said.

Baker’s budget chief Kristen Lepore on Friday wrote a letter to Baker explaining that she was reducing the state’s tax revenue estimate by $175 million due to slower than projected growth in sales taxes, and would attempt to achieve savings by offering one-time payouts as incentives for state employees to retire or leave their jobs.

The remainder of the gap, according to Lepore, is attributable to accounts that the administration believes were left underfunded by the Legislature for indigent defense legal costs, projected snow and ice removal costs and exposures for shelter services, settlements and judgments.

Lepore said savings plans and spending reductions sufficient to reduce total spending by 1 percent across executive branch agencies could be necessary, but said local aid to cities and towns and school districts and funding for core services at the Department of Children and Families would not be touched.

The announcement established Baker’s authority to use his so-called “9c” powers to make emergency mid-year budget cuts, but the administration did not explicitly commit to cutting the full $295 million in spending from the budget or outline any specific reductions.

Instead, Lepore said she has “commenced an exercise with Executive Branch agencies to identify spending reductions or other solutions that will be needed to balance the budget…”

“The administration will bring the budget into balance with savings initiatives and spending reductions that could reduce Executive Branch spending by about 1% of overall spending. Accounts such as local aid to cities and towns, local school aid, and core services at DCF will not see reductions. We will work with our executive branch agencies to identify solutions to close this gap,” Lepore said in a statement.

In revising the revenue estimate ahead of Saturday’s deadline, Lepore reduced the estimate of tax collections to support state spending in fiscal 2017 from $26.231 billion to $26.058 billion. The new estimate reflects 3.1 percent growth in tax revenues, or $789 million, above actual fiscal 2016 collections.

The administration now expects sales tax collections to grow by 2.3 percent, in line with year-to-date growth through September, but considerably lower than the 5.2 percent growth rate relied upon in the state budget signed by Baker in July.

To help close the gap between spending and revenue, the administration on Monday will begin offering state employees a one-time payout to leave the public sector. Retirement eligible employees can receive a one-time $15,000 payout to leave their position, while other executive branch employees will be eligible for a $5,000 payout to leave their job.

The program will run through Nov. 14 at which point the administration will reassess whether further workforce reductions are necessary. The administration said furloughs or early retirement incentives allowing employees to add years to their age or time of service to boost pensions will not be offered this year after Baker used an early retirement incentive program last year to address similar budget problems.

The administration would not provide an estimate of how many employees it expects to take advantage of the one-time payout, or of how much it hopes to save.

Baker in July vetoed $265 million in spending from the budget, but the Legislature overrode $231 million of those spending vetoes. At the time, Baker identified similar deficiencies that he felt lawmakers left underfunded. Legislative budget leaders did not respond to a request for comment on Friday.

Noah Berger, president of the Massachusetts Budget and Policy Center, said he agreed with Baker’s push to fund expected costs for programs such as snow and ice removal up front rather than deliberately wait until later in the year. “Each year’s budget should fund the costs that you know will occur that year,” he said.

Berger, however, said the administration and lawmakers should look beyond simply cutting programs that have already absorbed budget reductions in recent years to tax expenditures that provide questionable value to the economy.

“I think it has less to do with what’s happening in the economy now and more to do with problems that have been in the budget for awhile, such as a reliance on one-time revenues and underfunded accounts. The governor is, I think, being pretty cautious by downgrading revenue assumptions, but against that backdrop I think the biggest issue is getting out of the process where we’re making these mid-year cuts. The budget process should scrutinize the special business tax breaks like the state single sales factor for mutual fund companies and manufacturing that are worth a billion dollars a year and get no scrutiny.”

Eileen McAnneny, president of the Massachusetts Taxpayers Foundation, said it’s important that the governor recognize the problem early and begin to deal with it rather than wait until later in the year. She said it’s more difficult to recoup sales taxes because consumers are unlikely to “double up” on purchases after they have made a decision to cut back on spending early in the year.

“Unemployent numbers are down and withholding did rebound, so it’s somewhat of an enigma,” McAnneny said about the slowing sales tax growth.

McAnneny posited that increasing health care and housing costs could be eating into disposable income, and said there is some evidence that businesses are holding back on spending and investments due to a variety of global economic uncertainties.

Even with the downgrade in revenue estimates to 3.1 percent growth, the projection still exceeds the MTF’s expectation of 2.8 growth in fiscal 2017.

“We might be even more conservative, but I think the fact that they’re taking action now is prudent and a good thing,” McAnneny said. “I don’t think you have to solve for the entire deficit today, but they have to be willing to control spending throughout the year.”


State House News Service
Friday, October 14, 2016

Super PAC putting $$$ behind lawmakers who advanced income surtax
By Matt Murphy


The coalition that successfully pushed for earned sick time for workers at the polls in 2014 is throwing its weight behind incumbents supportive of its latest agenda - paid family leave, a $15 minimum wage and higher income taxes for the highest earners.

The Raise Up Together super PAC began running a mail and digital ad campaign on Friday to support 27 legislative incumbents, including one Republican, who voted this year to advance a constitutional amendment to impose a surtax on household incomes over $1 million.

The committee is prepared to spend at least $175,000 on the ad campaign in the coming weeks as it looks to return supportive lawmakers to Beacon Hill next session, according to someone associated with the group.

The political action committee, which was formed in late September by the Service Employees International Union, the Massachusetts Teachers Association, and the Coalition for Social Justice, began sending out mailers Friday, three weeks before election day.

The Legislature voted 135 to 57 in May to advance an amendment to the state constitution that would allow taxing incomes over $1 million at 4 percentage points higher than the general income tax to generate an estimated $1.9 billion in additional revenue that would be dedicated to education and transportation.

While supporters argued that the amendment would impose a fairer tax structure and generate needed revenue to support key priorities like schools and roads, critics, including some Democrats, equated the measure to "class warfare" and warned that it could drive small business owners and employers out of the state. Others questioned whether the sponsors of the amendment could legally guarantee that the money gets spent on education and transportation.

The Legislature is expected to again take up the matter in the legislative session that begins in January when a second vote is required of at least 50 lawmakers in support to place the question on the 2018 ballot.

The committee is backing 17 House Democrats who supported the "Fair Share Amendment" and 10 senators, including Republican Sen. Patrick O'Connor of Weymouth, who are all facing challengers.

The group said the senators receiving the group's support also voted to support paid family and medical leave, which never surfaced in the House this session for a vote, even though the Senate passed that legislation on a voice vote with no recorded roll call.

Deb Fastino, of the Coalition for Social Justice, would not say how much money the committee had raised or how much it planned to spend in support of candidates beyond indicating they were prepared to spend "enough to make a difference in the election cycle."

"Anyone who supports the Raise Up agenda will get some kind of support from the PAC," Fastino said.

The super PAC was organized on Sept. 26, and has not yet filed any reports with the Office of Campaign and Political Finance.


The Boston Globe
Wednesday, October 19, 2016

High-tech panel will fight ‘millionaires’ tax’
By Frank Phillips


The Massachusetts High Technology Council is asking its members to raise $400,000 to lay the groundwork for a Beacon Hill campaign to kill the so-called “millionaires’ tax” ballot initiative before it reaches voters in 2018.

The council, a 130-member trade association that lobbies on behalf of the state’s high-tech industry at the State House, wants to determine the best strategy to persuade Massachusetts lawmakers to reverse their initial approval for the proposed constitutional amendment.

The money will allow the group to build a potential legal challenge and help sharpen its arguments to lawmakers that the tax would damage the state economy.

The measure, which was overwhelmingly approved by lawmakers in May, would impose a 4 percent levy on annual taxable income in excess of $1 million starting in 2019. The proposal needs one more vote in the next legislative session before heading to the ballot.

Advocates for the extra tax on the wealthy, which would pay for education and transportation projects, said they were confident that the council’s assault on their proposal would fall short, noting its arguments were soundly rejected in the first legislative vote this year.

The High Technology Council wants to assemble a legal team to lay out the argument that the petition — created by Raise Up Massachusetts, a coalition of labor unions, faith based organizations, and community activists — does not meet constitutional muster.

It will also use the money to pull together a group of economic advisers to highlight its case that the tax proposal would damage the state’s economy by scaring away businesses and making Massachusetts an undesirable place for job-creating industries to locate.

“We want to make sure we have done our homework in order to assess what our strategy options are,’’ Christopher R. Anderson, the council president, said.

He said the council’s goal is to kill the tax proposal before it becomes a referendum in the state elections two year from now.

A proposed constitutional amendment must win approval from at least 50 lawmakers in two successive sessions when the 200 House and Senate members meet jointly in a constitutional convention.

“Our focus now is entirely on the pre-constitutional convention,’’ Anderson said.

The council faces a steep climb to undo the May vote, which approved the new tax by a better than 2-1 margin and included backing from House Speaker Robert DeLeo and Senate President Stanley C. Rosenberg.

The council argues that the proposal violates a provision in the state Constitution prohibiting initiative petitions from earmarking the revenue they raise for specific budget line items. The “millionaires’ tax” ballot question would direct the money raised to be used for public education and transportation.

Raise Up Massachusetts, which spearheaded the ballot initiative by collecting 157,000 voter signatures in 2015 to qualify for the ballot, argues that Attorney General Maura Healey’s ruling that its petition meets constitutional muster is sound.

Citing case law, the group’s legal counsel says the tax proposal meets constitutional requirements because it does not make line-item appropriations, but rather states that the revenue will be used to “provide the resources for quality public education and affordable public colleges and universities, and for the repair and maintenance of roads, bridges and public transportation.”

“The mere fact that there are limitations on those funds does not mean it is an appropriation,’’ said Raise Up’s attorney, Peter Enrich, a Northeastern University law professor and an expert in public administration. “It’s not an appropriation until the Legislature identifies a specific sum and makes it available expenditure for a specific purpose.”

The state Department of Revenue has estimated that the tax could generate up to $2.2 billion in additional state revenue in 2019.

Anderson said the High Technology Council is also convinced it can make a strong argument to House and Senate members that there would be unintended consequences to imposing an additional tax on the wealthy.

He argues that the targets of the tax would leave the state and that it would create a serious hardship for Massachusetts public leaders trying to lure firms to locate here.

But another business advocacy group — the liberal leaning Alliance for Business Leadership — argues that the state’s economy depends on a good transportation system and educated workers and that a cash-strapped state government needs to turn to the wealthy to help provide the funding.

“Businesses cannot thrive without safe and reliable infrastructure and a well-educated workforce,’’ said its president, Jesse Mermell. “Raising money from the most fortunate among us is the fair approach to making investments that are good for business and the economy, and are vital to the future of our Commonwealth.”

Lew Finfer, Raise Up’s co-chairman and longtime social issues activist, said the High Technology Council was “shooting itself in the foot” with its aggressive move to keep the voters from making the decision.

“It might help some very high-paid high-tech executives if they can block it from passing, but it would hurt their companies and all other people in the state,’’ he said.

Finfer also noted that the Legislature had heard the council’s arguments already when it voted in May, approving the proposed tax increase by a 136-57 margin.

The state’s existing income tax rate is 5.1 percent for all income levels. Under the new proposal, taxable income over $1 million would be subject to the additional 4 percent tax. That level would be tied to inflation, so the extra tax would continue to apply only to very wealthy people.

 

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