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CLT UPDATE
Wednesday, December 13, 2017

The many moving parts


Almost two million dollars, maybe even more.

That’s the answer to today’s big question: how much does the 30-year-old Pee Wee Herman look-alike spouse of the 68-year-old state Senate president stand to collect from the taxpayers over the next half-century or so in so-called “survivors benefits” from his sugar daddy’s state pension?

And that doesn’t even include the health insurance that Bryon “Hands” Hefner will get for life for only 20 percent of the cost of the premium.

This highway robbery, by the way, goes a long way to explaining the unseemly haste of the Legislature’s pay heist earlier this year.

The disgraced Rosenberg, who in the wake of the scandal has now taken what will most likely turn out to be a permanent leave of absence, wanted to make sure his husband was taken care of in perpetuity.

So Rosenberg and his House counterpart, the unindicted coconspirator Robert DeLeo, gave themselves 60 percent pay raises and then made them repeal-proof by attaching them to equally monstrous pay raises for the state’s very ethical judiciary.

A state pension is based on your three highest-earning years. In 2015 and 2016, Rosenberg collected a little more than $100,000 (although, with his legal residence more than 50 miles from the State House, he’s always been able to write tens of thousands off his federal income tax, making his real income much higher).

This year, with his ill-gotten gains, Rosenberg is on pace to grab more than $142,000. This is why the hacks attached an “emergency preamble” to their theft, so they could start collecting — and also setting up their eventual kisses in the mail — immediately....

Mr. Pee Wee Rosenberg will be able to collect around two-thirds of Mr. Rosenberg’s $76,500.

In other words, around $51,000 a year.

These days, American males live on average into their 80s, so let’s say Rosenberg has another maybe 17 years before he reaches the checkout counter. That would set Hands Hefner up to start collecting at age 47 or thereabouts — and if he lasts to age 85, that means he grabs just under $2 million as his cut of disgraced Sen. Rosenberg’s state pension.

Ain’t love grand?

The Boston Herald
Tuesday, December 5, 2017
Hands’ Hefner could net $2M from sugar daddy’s benefits
By Howie Carr
 


Massachusetts lawmakers could have made a bold statement but instead they copped out.

The end result is that Massachusetts now has, in effect, two Senate presidents — an “acting” one, Harriette Chandler, and a shadow one, Stanley C. Rosenberg — who will keep his seat and his aura of power while his colleagues conduct an ethics investigation stemming from sexual assault allegations against his husband.

Once again, lawmakers put their own interests above the interests of the public and alleged victims.

The Boston Herald
Tuesday, December 5, 2017
Lawmakers flub Sen. prez process


One has to assume Tom McGee Is more than happy to be leaving the state Senate chamber for the corner office at Lynn City Hall.

The holidays find his soon-to-be-former colleagues scrambling to deal with a president, Stan Rosenberg, under siege due to allegations of sexual misconduct lodged against his husband and former aide, Bryon Hefner. As of this week Rosenberg had taken a “temporary” leave of absence from the presidency pending an ethics investigation and a number of top Democrats were trying to set themselves up to replace him.

Noted one of McGee’s soon-to-be-former constituents, Marblehead’s Chip Ford of Citizens for Limited Taxation, “We can only imagine how the other members of the state Senate are taking this. They were settled in for another long, comfy vacation, a couple of months off for the holidays. They were not expecting to return to work until after the New Year — but now they’ve needed to return to deal with this seedy scandal.”

The matter has made for plenty of lively conversation both within and without the Statehouse.

Boston Herald columnist Howie Carr speculated on how much “Hands” Hefner might profit from his spouse’s state-financed pension. And even Rosenberg ally Sen. Joan Lovely, D-Salem, tweeted that the allegations against Hefner are “very serious and disturbing.”

Very disturbing indeed given the current environment both on Beacon Hill and in the nation’s capital. It may be that Rosenberg will have no choice but to follow fellow Democrats John Conyers Jr. of California and Al Franken of Minnesota into political obscurity.

The Salem News
Friday, December 8, 2017
Unsettled time for senators
By Nelson Benton


Questions dealing with the minimum wage, sales tax, paid family and medical leave, nurse staffing and a campaign finance commission may be one step closer to coming before voters next year, after their backers submitted signatures to Secretary of State William Galvin's office.

Campaigns backing seven ballot questions turned in their paperwork by a Wednesday deadline, according to Galvin's office, though the petitions have not yet been certified as having enough signatures from registered voters -- 64,750 were required -- to move on to the Legislature, the next step in the process....

Opponents of a constitutional amendment already cleared for next year's ballot, which would impose a 4 percent surtax on incomes over $1 million, have filed a lawsuit seeking to keep it from coming before voters.

The Raise Up Massachusetts Coalition, which is behind the surtax proposal, is also backing ballot questions that would gradually raise the hourly minimum wage from $11 to $15 and institute a paid family and medical leave insurance program. Its members collected 139,055 signatures to advance the minimum wage question and 135,597 to advance the question that could give workers up to 16 weeks of job-protected paid leave for family illnesses.

The group aiming to reduce the sales tax to 5 percent and establish an annual tax-free weekend, the Massachusetts Main Street Fairness Coalition, said it turned in 117,638 signatures in support of its question.

"There exists significant support for reducing the state sales tax and creating an annual sales tax holiday with the voters, as evidenced by recent public polls and the ease at which we were able to collect signatures," said Retailers Association of Massachusetts President Jon Hurst, who is also serving as coalition chair.

While the Democrat-controlled Legislature leans against major reductions in broad-based taxes, Hurst has said he would be willing to work with lawmakers on a compromise that would prevent the need to take the sales tax question to the ballot....

If ballot question proponents are unable to advance their initiatives in the Legislature in 2018, campaigns will have until June 19 to file an additional 10,792 signatures with Galvin's office, with a maximum of 2,698 from any one county.

State House News Service
Thursday, December 7, 2018
Signature deadline leaves fewer ballot questions in the mix


A proposed constitutional amendment that roughly 70 percent of Bay State lawmakers voted to put before voters is "truly radical," a group of business representatives told the state's highest court in a brief filed Monday.

Christopher Anderson, the president of the Massachusetts High Technology Council, and others have appealed to the Supreme Judicial Court to block from the 2018 ballot the proposal to impose a 4 percent surtax on incomes over $1 million to fund transportation and education programs.

"Our constitution never has mandated that a specific tax be imposed – let alone that a specific tax rate be collected – and, in the century since Article 48 introduced the initiative petition process, the Court repeatedly has affirmed that initiative petitions cannot be used to embed spending earmarks in the Constitution," attorneys for the plaintiffs wrote in Monday's brief. "Allowing this initiative on the ballot would undermine the Legislatures' authority with respect to both spending and taxes in one fell swoop, setting the stage for public finances to be determined not in the deliberative legislative process, but in the free-for-all of special interest-fueled initiative petitions."

Raise Up Massachusetts led the signature-gathering effort to advance the ballot question, and the group's spokesman, Steve Crawford, dismissed the legal effort to torpedo the measure.

"It's disappointing that a few wealthy corporate executives and their lobbyists are trying to take away the public's right to vote on the Fair Share Amendment, but we believe their arguments have no merit," Crawford said in a statement. "We're confident that the Attorney General properly certified the Fair Share Amendment. We expect that the SJC will uphold that certification and uphold the right of the citizens of Massachusetts to amend their Constitution."

Oral arguments are scheduled for Feb. 5.

State House News Service
Monday, December 11, 2017
Income surtax opponents call proposal "truly radical"


Business groups fighting to block the so-called millionaire tax from next year’s statewide ballot say the proposed constitutional amendment is “truly radical” and should not go to the voters, according to a brief filed with the state’s highest court.

“Plaintiffs bring this lawsuit to exclude from the 2018 ballot an initiative petition that threatens to undermine our representative system of government and our separation of powers, and the long-standing consensus that the Legislature must maintain ultimate control over public finances,” wrote Kevin Martin, an attorney representing the businesses....

Their attorneys argue that the state constitution forbids initiative petitions from being “used to embed spending earmarks in the Constitution.”

“Allowing this Initiative on the ballot would undermine the Legislature’s authority with respect to both spending and taxes in one fell swoop, setting the stage for public finances to be determined not in the deliberative legislative process, but in the free-for-all of special interest-fueled initiative petitions,” Martin wrote.

Martin also argues that the initiative improperly combines unrelated subjects by forcing money raised through the tax to be spent only on education and transportation.

“The Initiative is truly radical,” he wrote.

According to Martin’s brief, the state constitution currently mandates a flat income tax rate, and voters resoundingly tossed bids to authorize a graduated income tax in 1962, 1968, 1972, 1976 and 1994.

The Boston Herald
Tuesday, December 12, 2017
Business groups fight ’18 ballot question
‘Truly radical’ tax plan


It’s easy to complain that the proposed “millionaire’s tax” set to go before Massachusetts voters next year is just a cynical effort to squeeze the wealthy to fund more government jobs. Easy, because it happens to be true.

But it’s even more worrisome to consider, as the plaintiffs in a pending lawsuit charge, that the initiative “threatens to undermine our representative system of government and our separation of powers, and the long-standing consensus that the Legislature must maintain ultimate control over public finances.”

And if that sounds like a big deal, that’s because it is....

Buy the legal soundness of the suit or not — and we do — there can be little dispute that the lawmakers who support this initiative appear willing to trade away their authority over the state’s finances in exchange for political support. Regardless of the outcome of this case, there ought to be consequences for that.

A Boston Herald editorial
Tuesday, December 12, 2017
Three legal strikes


Two years in a row Massachusetts had to write down its revenue forecast late in the fiscal year, throwing the state budget into chaos — and dragging out the fiscal pain that occurs when spending plans don’t align with available revenues.

So has Beacon Hill learned its lesson?

Not bloody likely....

It’s usually their behavior after the “consensus revenue” figure is determined that creates the biggest set of problems. They fail to set realistic spending levels —underfunding certain accounts, for example, which gives them enough wiggle room to fund their own priorities and pet projects, all while hoping that a wave of higher tax revenues will lift all boats. And when it doesn’t, well, that happens in the middle of the year when the governor is the one who has to make the unpleasant choices to bring the budget back into balance.

Legislative Democrats thus avoid the heat — and the fallout.

And so the discipline really needs to come on the front end — with a very conservative revenue forecast, and realistic budget proposals that dispense with the flotsam and jetsam. Hope springs eternal.

A Boston Herald editorial
Monday, December 11, 2017
Caution flag on budget


Chip Ford's CLT Commentary

Over the past week there's been lots of drama in Massachusetts politics.  While awaiting the Senate Ethics Committee investigation, the state Senate now has an "acting" president after former-Senate president Stan Rosenberg stepped down but has not resigned his seat, has gone back to being one of the rank-and-file senators.  Acting-Senate President Harriette L. Chandler has moved her staff into the Senate President's ostentatious office quarters, her name replacing his on the door, but she is working out of her own office as senate majority leader.

The Senate Ethics Committee has promised to bring in an investigator from outside Massachusetts without local connections or loyalties, but has not yet committed to releasing the investigator's findings to the public.  Watch for a classic Bay State "nationwide search."

Petitions were turned in to the Secretary of State last week and, as usual, a handful apparently had sufficient signature to qualify while many did not.  Twenty-one petitions were approved by the Attorney General in September.  (According to the State House News Service:  "In 2016, only four of the 35 petitions filed ultimately ended up on the ballot, three of which survived court challenges along the way.")  The Secretary of State's office has not completed its petitions certification, so which ones officially qualified is not yet known.

It appears that comfortably more signatures than the requisite number were submitted to qualify the sales tax rollback and annual sales tax holiday petition, that it will likely move on to the next step, a vote (or not) on it by the Legislature.  If the Legislature doesn't pass it, then we supporters will need to collect an additional 10,792 signatures in the spring to put it on the ballot.

On the graduated income tax constitutional amendment battlefront, the legal challenge to keep it off the 2018 ballot took a big step on Monday.  The opponents, led by the Massachusetts High Tech Council, filed their initial legal brief with the state Supreme Judicial Court.  (Clink on the graphic to read or download it.)

After reading it, I can't imagine the state's highest court can find any rationale for allowing the proposed constitutional amendment to appear on the ballot but stranger rulings have been delivered by past SJC decisions so, I continue to feel that all bets are off until it rules.  In the meantime the opposition ballot campaign must continue to prepare for the worst if the court fails us.

Chip Ford
Executive Director


 
The Boston Herald
Tuesday, December 5, 2017

Hands’ Hefner could net $2M from sugar daddy’s benefits
By Howie Carr


Almost two million dollars, maybe even more.

That’s the answer to today’s big question: how much does the 30-year-old Pee Wee Herman look-alike spouse of the 68-year-old state Senate president stand to collect from the taxpayers over the next half-century or so in so-called “survivors benefits” from his sugar daddy’s state pension?

And that doesn’t even include the health insurance that Bryon “Hands” Hefner will get for life for only 20 percent of the cost of the premium.

This highway robbery, by the way, goes a long way to explaining the unseemly haste of the Legislature’s pay heist earlier this year.

The disgraced Rosenberg, who in the wake of the scandal has now taken what will most likely turn out to be a permanent leave of absence, wanted to make sure his husband was taken care of in perpetuity.

So Rosenberg and his House counterpart, the unindicted coconspirator Robert DeLeo, gave themselves 60 percent pay raises and then made them repeal-proof by attaching them to equally monstrous pay raises for the state’s very ethical judiciary.

A state pension is based on your three highest-earning years. In 2015 and 2016, Rosenberg collected a little more than $100,000 (although, with his legal residence more than 50 miles from the State House, he’s always been able to write tens of thousands off his federal income tax, making his real income much higher).

This year, with his ill-gotten gains, Rosenberg is on pace to grab more than $142,000. This is why the hacks attached an “emergency preamble” to their theft, so they could start collecting — and also setting up their eventual kisses in the mail — immediately.

These numbers are all rough estimates, but they should be pretty close. Rosenberg, with his lifetime of gainful unemployment on Beacon Hill, is looking at the maximum 80 percent pension whenever he calls it quits. Let’s plug in his top three years at 100, 100 and 140 — 340 divided by 3 is 113, times 0.80. That works out to about $90,000 a year, for life.

But wait, you have to provide for your spouse. When you file for survivors benefits, the rule is that you take a hit. For most filers, with say a three-, five- or seven-year age difference with their spouses, it’s 5 to 7 percent.

But remember, Stanley is old enough to be Bryon’s grandfather. This is a May-December romance on steroids. So Rosenberg’s $90,000 pension is going to be reduced off the top between 15 percent and 17 percent — let’s round off the cut to $13,500.

Now we’re down to $76,500 a year, which is not much more than a third of what Billy Bulger gets, but it’s still approximately $76,500 more than anyone Rosenberg’s age in the Dreaded Private Sector is ever going to get from his pension. After Stanley assumes room temperature, his widower files for the survivors benefits.

Mr. Pee Wee Rosenberg will be able to collect around two-thirds of Mr. Rosenberg’s $76,500.

In other words, around $51,000 a year.

These days, American males live on average into their 80s, so let’s say Rosenberg has another maybe 17 years before he reaches the checkout counter. That would set Hands Hefner up to start collecting at age 47 or thereabouts — and if he lasts to age 85, that means he grabs just under $2 million as his cut of disgraced Sen. Rosenberg’s state pension.

Ain’t love grand?
 

The Boston Herald
Tuesday, December 5, 2017

Lawmakers flub Sen. prez process
By Joe Battenfeld


Massachusetts lawmakers could have made a bold statement but instead they copped out.

The end result is that Massachusetts now has, in effect, two Senate presidents — an “acting” one, Harriette Chandler, and a shadow one, Stanley C. Rosenberg — who will keep his seat and his aura of power while his colleagues conduct an ethics investigation stemming from sexual assault allegations against his husband.

Once again, lawmakers put their own interests above the interests of the public and alleged victims.

It was quite the spectacle yesterday, the entire state Senate huddled behind doors and frosted glass in the old legislative document room so no one could see or hear what they were scheming.

So much for transparency. The only thing we learned that went on in the room is that they wolfed down pizza and went to the bathroom a lot.

“I don’t have to tell you how turbulent and tragic and surprising and sad the last four days have been to all of us,” Chandler said last night.

Two other words come to mind: confusing and absurd. That describes the decision lawmakers made, allowing Rosenberg to take his “leave of absence” from the presidency and presumably return to power as if nothing happened once an in-house ethics investigation is over.

And the senators left behind a number of unanswered questions, including:

  Will the new “acting” President Chandler get a big bump in pay and take the salary that goes with the presidency post?

  Will Rosenberg continue to get his fat salary, and sit in his luxurious and spacious Senate presidency office while he’s on “leave”?

  Will Chandler, a close ally of Rosenberg, recuse herself if the investigation finds any evidence that Rosenberg knew of or tolerated spouse Bryon Hefner’s sexual misconduct? She can hardly be unbiased when it comes to Rosenberg, who gave her the powerful post of majority leader.

And the decision they made to run an ethics investigation from the confines of the Senate can hardly be a comfort to the alleged victims of Rosenberg’s husband. They’ve been afraid to come forward publicly because of fear over what could happen to their careers.

How many of them will be comfortable coming to the State House — where Rosenberg still has an office — and testifying before an ethics panel of Rosenberg’s colleagues?

And how can senators on the ethics committee be expected to run a thorough and tough investigation of Rosenberg, considering he will likely return to power and determine the path of their careers?

It’s unclear who the Senate will hire as an “independent” investigator but that investigator will be working for the Senate, which includes Rosenberg, and getting paid by the Senate, which means taxpayers.

The only bright light from the chaotic day of maneuvering yesterday was that Suffolk District Attorney Daniel F. Conley, along with Attorney General Maura Healey, offered to investigate potential criminal charges against Hefner. Conley is a straight shooter and not just a Democratic boot-licker.

Let’s hope his investigation includes a serious look at allegations that Hefner tried to trade his access to his powerful husband for sexual favors, a charge that rises to corruption.


State House News Service
Thursday, December 7, 2018

Signature deadline leaves fewer ballot questions in the mix
By Katie Lannan


Questions dealing with the minimum wage, sales tax, paid family and medical leave, nurse staffing and a campaign finance commission may be one step closer to coming before voters next year, after their backers submitted signatures to Secretary of State William Galvin's office.

Campaigns backing seven ballot questions turned in their paperwork by a Wednesday deadline, according to Galvin's office, though the petitions have not yet been certified as having enough signatures from registered voters -- 64,750 were required -- to move on to the Legislature, the next step in the process.

Signatures were submitted on behalf of two versions of the nurse staffing question. Backers of a petition seeking a constitutional amendment that would allow the exclusion of abortion services from state-funded health care programs submitted signatures Wednesday but they did not submit a sufficient number of signatures, according to Massachusetts Citizens for Life.

Attorney General Maura Healey in September had certified 21 potential ballot questions, allowing them to move on to the signature-gathering phase. In 2016, only four of the 35 petitions filed ultimately ended up on the ballot, three of which survived court challenges along the way.

Opponents of a constitutional amendment already cleared for next year's ballot, which would impose a 4 percent surtax on incomes over $1 million, have filed a lawsuit seeking to keep it from coming before voters.

The Raise Up Massachusetts Coalition, which is behind the surtax proposal, is also backing ballot questions that would gradually raise the hourly minimum wage from $11 to $15 and institute a paid family and medical leave insurance program. Its members collected 139,055 signatures to advance the minimum wage question and 135,597 to advance the question that could give workers up to 16 weeks of job-protected paid leave for family illnesses.

The group aiming to reduce the sales tax to 5 percent and establish an annual tax-free weekend, the Massachusetts Main Street Fairness Coalition, said it turned in 117,638 signatures in support of its question.

"There exists significant support for reducing the state sales tax and creating an annual sales tax holiday with the voters, as evidenced by recent public polls and the ease at which we were able to collect signatures," said Retailers Association of Massachusetts President Jon Hurst, who is also serving as coalition chair.

While the Democrat-controlled Legislature leans against major reductions in broad-based taxes, Hurst has said he would be willing to work with lawmakers on a compromise that would prevent the need to take the sales tax question to the ballot.

The two nurse staffing questions, backed by the Massachusetts Nurses Association, seek to put limits on the maximum number of patients that can be assigned to one nurse at a time. Proponents drove more than 100,000 signatures to Beacon Hill in the back of an ambulance and then wheeled them to Galvin's office on gurneys.

The final question that may still be on track for the ballot at this point would ask voters to establish a non-partisan "Citizens Commission" to advance a constitutional amendment that would overturn the Supreme Court ruling in the campaign finance case Citizens United v. Federal Election Commission.

The People Govern Not Money campaign says it turned in more than 85,000 certified signatures in support of the question.

If ballot question proponents are unable to advance their initiatives in the Legislature in 2018, campaigns will have until June 19 to file an additional 10,792 signatures with Galvin's office, with a maximum of 2,698 from any one county.


State House News Service
Monday, December 11, 2017

Income surtax opponents call proposal "truly radical"
By Andy Metzger


A proposed constitutional amendment that roughly 70 percent of Bay State lawmakers voted to put before voters is "truly radical," a group of business representatives told the state's highest court in a brief filed Monday.

Christopher Anderson, the president of the Massachusetts High Technology Council, and others have appealed to the Supreme Judicial Court to block from the 2018 ballot the proposal to impose a 4 percent surtax on incomes over $1 million to fund transportation and education programs.

"Our constitution never has mandated that a specific tax be imposed – let alone that a specific tax rate be collected – and, in the century since Article 48 introduced the initiative petition process, the Court repeatedly has affirmed that initiative petitions cannot be used to embed spending earmarks in the Constitution," attorneys for the plaintiffs wrote in Monday's brief. "Allowing this initiative on the ballot would undermine the Legislatures' authority with respect to both spending and taxes in one fell swoop, setting the stage for public finances to be determined not in the deliberative legislative process, but in the free-for-all of special interest-fueled initiative petitions."

Raise Up Massachusetts led the signature-gathering effort to advance the ballot question, and the group's spokesman, Steve Crawford, dismissed the legal effort to torpedo the measure.

"It's disappointing that a few wealthy corporate executives and their lobbyists are trying to take away the public's right to vote on the Fair Share Amendment, but we believe their arguments have no merit," Crawford said in a statement. "We're confident that the Attorney General properly certified the Fair Share Amendment. We expect that the SJC will uphold that certification and uphold the right of the citizens of Massachusetts to amend their Constitution."

Oral arguments are scheduled for Feb. 5.

The opponents of the so-called Fair Share Amendment contend that it runs afoul of the constitution by combining unrelated subjects of taxation along with education and transportation spending in one question. They also argue the Legislature has the responsibility for raising revenue and initiative petitions are barred from specifically appropriating money.

Citizen-led ballot questions to lower taxes have gone to the ballot in recent years – and sometimes won – although the Legislature can rewrite laws, which it made clear after voters in 2000 approved a ballot law to lower the income tax rate to 5 percent. In 2002, lawmakers halted the tax rate's scheduled descent, adding economic triggers that would need to be hit for further drops to take effect. The tax rate currently stands at 5.1 percent, and could be lowered 5.05 percent starting January 2019 if those triggers are met.

The proposed surtax, however, would amend the state's constitution, a step that could not be easily undone.

The state constitution currently mandates a flat income tax rate, and voters rejected bids to authorize a graduated income tax in 1962, 1968, 1972, 1976 and 1994, according to the opponents' brief.


The Boston Herald
Tuesday, December 12, 2017

Business groups fight ’18 ballot question
‘Truly radical’ tax plan
By Bob McGovern


Business groups fighting to block the so-called millionaire tax from next year’s statewide ballot say the proposed constitutional amendment is “truly radical” and should not go to the voters, according to a brief filed with the state’s highest court.

“Plaintiffs bring this lawsuit to exclude from the 2018 ballot an initiative petition that threatens to undermine our representative system of government and our separation of powers, and the long-standing consensus that the Legislature must maintain ultimate control over public finances,” wrote Kevin Martin, an attorney representing the businesses.

The proposal, which is slated to be on the statewide ballot in November, would impose a 4 percent surtax on incomes over $1 million. The money raised through the tax would go into education and transportation programs.

Christopher Anderson, president of the Massachusetts High Technology Council, Christopher Carlozzi, the Massachusetts director of the National Federation of Independent Business, and others have asked the Supreme Judicial Court to boot the proposed amendment

Their attorneys argue that the state constitution forbids initiative petitions from being “used to embed spending earmarks in the Constitution.”

“Allowing this Initiative on the ballot would undermine the Legislature’s authority with respect to both spending and taxes in one fell swoop, setting the stage for public finances to be determined not in the deliberative legislative process, but in the free-for-all of special interest-fueled initiative petitions,” Martin wrote.

Martin also argues that the initiative improperly combines unrelated subjects by forcing money raised through the tax to be spent only on education and transportation.

“The Initiative is truly radical,” he wrote.

According to Martin’s brief, the state constitution currently mandates a flat income tax rate, and voters resoundingly tossed bids to authorize a graduated income tax in 1962, 1968, 1972, 1976 and 1994.

State Attorney General Maura Healey certified the 2018 question and is expected to defend it when the case goes before the SJC on Feb. 5.

“We believe our office made the right call in certifying this question in accordance with the constitutional requirements,” Healey spokeswoman Emily Snyder said in a statement. “We look forward to defending this decision in court.”

In a statement, Anderson said the plaintiffs “look forward to the SJC’s thoughtful consideration of these critical arguments, and continuing the conversation when oral arguments occur in February.”


The Boston Herald
Tuesday, December 12, 2017

A Boston Herald editorial
Three legal strikes


It’s easy to complain that the proposed “millionaire’s tax” set to go before Massachusetts voters next year is just a cynical effort to squeeze the wealthy to fund more government jobs. Easy, because it happens to be true.

But it’s even more worrisome to consider, as the plaintiffs in a pending lawsuit charge, that the initiative “threatens to undermine our representative system of government and our separation of powers, and the long-standing consensus that the Legislature must maintain ultimate control over public finances.”

And if that sounds like a big deal, that’s because it is.

Five Massachusetts business groups are challenging the proposed constitutional amendment, which is backed by a coalition of public employee unions and community activists. The plaintiffs yesterday filed their written brief in advance of February oral arguments before the state Supreme Judicial Court, which is considering whether to exclude the initiative from the 2018 ballot.

The proposal, plaintiffs argue, is “truly radical” — and they outline their three reasons for tossing it out before the election:

  The state Constitution forbids the grouping together of unrelated issues in a single initiative; this one does so by calling for a graduated income tax *and* earmarking the revenue for transportation and spending.

  The initiative violates the constitutional ban on “specific appropriations” by initiative petition. The backers knew what they were doing when they combined a call for higher taxes with a plan to invest more in transportation and education, but in making that political calculus they stripped the Legislature of its power over the commonwealth’s purse.

  It is a constitutional no-no to impose taxes or set tax rates via the state Constitution, because it leaves the Legislature, which is ultimately responsible for public finances, powerless to change or repeal them.

Buy the legal soundness of the suit or not — and we do — there can be little dispute that the lawmakers who support this initiative appear willing to trade away their authority over the state’s finances in exchange for political support. Regardless of the outcome of this case, there ought to be consequences for that.


The Boston Herald
Monday, December 11, 2017

A Boston Herald editorial
Caution flag on budget


Two years in a row Massachusetts had to write down its revenue forecast late in the fiscal year, throwing the state budget into chaos — and dragging out the fiscal pain that occurs when spending plans don’t align with available revenues.

So has Beacon Hill learned its lesson?

Not bloody likely.

Sure, as budget writers at the State House prepare to set the revenue figure on which the fiscal 2019 budget will be built — a mandatory annual task — there is the usual talk of being cautious and the vicissitudes of fortune that the commonwealth can anticipate next year. There are the uncertainties of federal tax reform, ballot questions with a direct impact on tax revenue and the lingering effects of slow wage growth.

“As we prepare for the upcoming budget cycle, it’s important to recognize recent trends of slow revenue growth,” Senate Ways and Means Chairman Karen Spilka (D-Ashland) said at a State House revenue hearing last week.

But Spilka was the one leading the charge on the Senate floor these last few years to override most if not all of Gov. Charlie Baker’s budget vetoes — spending reductions that, had they been allowed to stand, could have helped the commonwealth ride out the most recent choppy seas. Take her calls for prudence in that context.

And we suspect lawmakers will take recent good news on revenues — they’re up $204 million over projections five months into this fiscal year — and run with them, which could perpetuate the vicious cycle.

Of course revenue forecasting is not an exact science. And the Democrats who control the Legislature haven’t really insisted on wildly unrealistic revenue expectations these last couple of years.

It’s usually their behavior after the “consensus revenue” figure is determined that creates the biggest set of problems. They fail to set realistic spending levels —underfunding certain accounts, for example, which gives them enough wiggle room to fund their own priorities and pet projects, all while hoping that a wave of higher tax revenues will lift all boats. And when it doesn’t, well, that happens in the middle of the year when the governor is the one who has to make the unpleasant choices to bring the budget back into balance.

Legislative Democrats thus avoid the heat — and the fallout.

And so the discipline really needs to come on the front end — with a very conservative revenue forecast, and realistic budget proposals that dispense with the flotsam and jetsam. Hope springs eternal.

 

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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