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CLT UPDATE
Wednesday, February 28, 2018

The run-up to a take-down?


Two recent studies take a deep dive into the impact of state taxes, particularly those aimed at high-income earners, and their ability to pick up stakes and move to more hospitable locations.

Add in the impact of the recently-passed federal tax reform bill that severely limits the ability of taxpayers to deduct state and local taxes on their federal returns and you have what the Pioneer Institute, author of one of those studies, calls an “economic time bomb” for the state.

Pioneer and the Massachusetts Taxpayers Foundation in its report were both troubled by the possibility of a 4 percent surtax on those earning $1 million or more — which could be on the November ballot — sending those high earners fleeing to the waiting arms of low-tax states like Florida and New Hampshire....

Mass. Taxpayers agrees, noting “Massachusetts already has a migration problem.” A net 475,000 people ($18.9 billion in adjusted gross income) left the state from 1993 to 2016. “The additional 4 percent income surtax will surely drive more Massachusetts taxpayers to change their state of tax residency.”

They point to four states that have enacted a surtax on incomes over $1 million — California, Connecticut, New Jersey and New York, which lost a combined $17.1 billion in adjusted gross income in 2016 alone. Their report also noted, “All four states are now re-thinking their income tax policies in order to prevent further out-migration by their highest earners.”

Class warfare eventually has its consequences. Massachusetts can’t afford to go down that road.

A Boston Herald editorial
Sunday, February 18, 2018
Bay State’s golden geese
 


That feel-good bid to pick the pockets of the state's highest earners just ran into another dose of reality, courtesy of a recent study that outlined its negative effects.

A proposed question on the November general election ballot -- whose constitutionality remains in doubt -- would add a 4 percent surcharge tax on annual income over $1 million. Known as Proposition 80, this "millionaires tax" would double the bill for Massachusetts' top earners by more than $300,000. At least that's the conclusion of a recent report issued by the Pioneer Institute, a Boston-based think tank....

The pro-Proposition 80 crowd dismiss the potential mass migration of the state's wealthiest as nothing more than fear mongering. Sure, these individuals may be reluctant to uproot their families, but the lure of a more favorable tax climate in a neighboring state like New Hampshire may persuade them to relocate their business -- and jobs -- there.

And this 4 percent surcharge may just be the last straw.

And that's not idle speculation. Greg Sullivan, the Pioneer Institute's research director, indicated that Connecticut's high taxes were a contributing factor in General Electric's and Alexion Pharmaceuticals' decisions to move their headquarters to Massachusetts.

And then there's the legality of this referendum question....

And for those who believe the state's wealthiest don't pay their fair share, think again. In Massachusetts, that 5.1 percent income tax rate may be the same for everyone, but 5.1 percent of $1 million generates considerably more in revenue than the median household income for Massachusetts -- $75,297 as of 2016.

No matter how you slice it, robbing from those who generate jobs and already pay far more in real estate, sales and personal-property taxes doesn't add up.

If Proposition 80 makes to the ballot, Massachusetts voters should reject it.

A Lowell Sun editorial
Wednesday, February 21, 2018
If Prop 80 makes ballot, voters should reject it


A graduated income tax by any other name is just as difficult to swallow, according to Citizens for Limited Taxation.

In a recent missive to members. CLT Executive Director Chip Ford of Marblehead, warns against buying into efforts to modify the language attached to the proposed income tax surcharge on the wealthy more commonly known as the "millionaires' tax."

Notes Ford: "I can't understand why some of our allies are intent on re-labeling this abomination 'Proposition 80.' It was explained to us that 80 percent reflects the percentage of income-tax increase on millionaires. We were asked to adopt the term early in our mutual opposition but declined, for a couple of reasons....

"At CLT we'll stick with the tried-and-true, with the known and proven, with our past successes: It's just another graduated income tax scheme with lipstick, another grad tax divide-and-conquer scam."

Look for it on your November ballot....

By the way, USA Today reports that Massachusetts currently ranks ninth in the country in terms of the percentage of residents' income that goes to pay state and local taxes. The figure 10.3 percent ranks it behind New York (which is highest at 12.6 percent), but well behind nation's lowest Alaska at 6.5 percent. Given the influence the public employee unions wield here, expect that figure to climb.  [See report below.]

The Salem News
Friday, February 23, 2018
A tax by any other name
By Nelson Benton, editor emeritus


If those pushing for a new tax on the state's highest earners had followed a different, but arguably more difficult path, they wouldn't need to wait and see whether the state's top judges will allow their proposal to appear on the November ballot.

With a decision that could come at any time, the seven-member Supreme Judicial Court could send the so-called Fair Share Amendment to the legislative scrap heap if they determine it violates the constitution.

There would have been no legal objections to the proposal appearing on the November ballot had the supporters of the so-called Fair Share Amendment passed a version of it filed by a lawmaker as a bill, according to an attorney for the business groups who sued in an attempt to derail the constitutional amendment....

The other difficulty facing legislative amendments to the constitution is proponents would have to take the responsibility for initiating the measure, and would not be able to point to the grassroots support for the proposal that is evident when citizens rally behind an initiative petition.

Gov. Charlie Baker, who appointed five of the SJC justices, has not yet taken a position on the tax proposal.

State House News Service
Friday, February 23, 2018
Attorney: Legislative income tax surtax would have avoided challenge


The ballot proposal to raise the state's minimum wage to $15-an-hour is non-negotiable, according to a Raise Up Massachusetts insider who described the group's wage-floor hike effort as a take-it-or-leave-it proposition as legislators look to find a compromise that would keep that question and two others off the November ballot.

A new internal poll has imbued Raise Up Massachusetts, the coalition of labor, civic and religious organizations behind three ballot proposals this cycle, with strengthened confidence in its prospects for convincing voters to embrace a $15 minimum wage and reject a reduction in the sales tax.

While Raise Up leaders remain optimistic that talks between lawmakers and business groups will yield a compromise over paid family and medical leave, the grassroots group feels no impetus to negotiate over the wage increase, either separately or as part of a bigger deal, the source familiar with Raise Up's strategy told the News Service....

A poll conducted by Kiley & Company in late January for Raise Up Massachusetts found that paid family and medical leave would be a slam dunk at the ballot box in November, while support for a $15 minimum wage was better than two-to-one.

A presentation of the poll's core findings, obtained by the News Service, also showed that despite strong support for a third ballot question lowering the state sales tax to 5 percent, it was vulnerable to negative messaging.

Those results have buttressed Raise Up's resolve to push forward with its ballot strategy for the minimum wage increase and resist pressure to cut a deal with business groups. The internal poll randomly sampled 600 registered and likely voters on both landlines and cellphones.

The sales tax reduction question polled as well as a minimum wage increase, but support waned as arguments against the reduction were introduced to voters....

Retailers Association President Jon Hurst has argued that small business owners feel ganged up on by the trio of ballot questions that also includes a constitutional amendment that would impose a surtax on income over $1 million.

Though Hurst has said he'd be open to withdrawing his sales tax question if other concessions are made, he has said he would first like to see the millionaire's tax question knocked off the ballot by the Supreme Judicial Court, which is weighing a business-backed challenge to that question's ballot certification....

House Speaker Robert DeLeo and Senate President Harriette Chandler have both stated their interest in resolving questions about paid family leave and the minimum wage before they reach the ballot.

And just this week, Sen. Stanley Rosenberg, who lost his power to influence the talks when he was forced to give up the Senate presidency, told the Springfield Republican that he thought it possible to combine talks over those two issues with the proposed ballot question to reduce the state's 6.25 percent sales tax to 5 percent.

Rosenberg, according to the newspaper, said it might be possible for all three questions to be "on the table and in the picture at the same time."

Brodeur, a Melrose Democrat, said last month that negotiations between lawmakers and stakeholders over paid family and medical leave and the minimum wage had not bled together, but he did not rule out the possibility that they could.

"Right now, not so much. Can I see that changing? Sure," Brodeur said, adding, "All the folks that are interested in all three things have cross-connecting relationships to the issues, but is everyone sitting at a table right now saying we'll give you a point on the sales tax for a buck on the minimum wage? No."

State House News Service
Thursday, February 22, 2018
Minimum wage hike backers adopting take-it-or-leave-it strategy


You’ve heard that old cliché: “Don’t tax you. Don’t tax me. Tax that guy behind the tree.”

Who’d have thought – especially at a time when about the worst thing you can say about a guy is that he’s rich – that alleged “progressives” would be embracing that concept in behalf of those who are “more fortunate?”

Yes, the message from blue state pols is: Tax the rich – just not in my state....

But, yes, that’s the way it is in our Through-the-Looking Glass world of 2018. The tax reform bill crafted by the majority Republican Congress and signed into law by President Trump has a provision that increases taxes on the rich.

So why aren’t Democrats clinking champagne glasses, celebrating that they tricked those dumb Republicans into implementing one of their core principles?

You would think that all politically correct, wealthy progressives would be applauding the chance to pay more of their “fair share” to benefit “working people,” since apparently anybody who is wealthy doesn’t work. But you would be wrong. The governors of deep-blue states like New York and California are having a meltdown over the partial loss of a tax break for their wealthier constituents. Is this yet another ironic result of Trump Derangement Syndrome? ...

It’s known as the SALT (state and local taxes) deduction, that until now has allowed taxpayers to deduct all of their SALT payments as expenses on their federal return, therefore reducing their taxes. The reform also puts local property taxes under that cap.

The deductible portion of SALT and property tax payments is now limited to $10,000....

Which ought to generate blue state applause. All I’ve been hearing for decades is that the rich “can afford it.” It is what they have been saying they want to happen to the 1 percent, or even the top 40 percent? ...

And one of the ways they’ve been able to sell ever-higher taxes is to tell voters, “Hey, you can write it off on your federal taxes.” ...

And it demonstrates that the “tax the rich” mantra has been said with a wink. Essentially the message is, “Yeah, we’ll beat you up in public, but we’ll take care of you with one of those loopholes we’re always talking about eliminating.”

If you really are for taxing the rich, you should be applauding this provision. You don’t get to tax only the rich behind the tree.

The Salem News
Wednesday, February 21, 2018
Progressives should celebrate, not despair over, new tax rule
By Taylor Armerding


USA Today has a state-by-state ranking of how much a resident pays, as a percentage of income, in state and local taxes (not including federal taxes). Massachusetts comes in at No. 9 in the ranking (or 41st, if you measure from the lowest to the highest tax burden) at 10.3 percent. The state with the highest tax burden: New York, 12.6 percent. The lowest: Alaska, at 6.5 percent.

Massachusetts definitely in ‘Taxachusetts’ territory in this ranking
Wednesday, February 21, 2018
MASSterList (state news aggregator)


Chip Ford's CLT Commentary

The State House News Service reported:

"Retailers Association President Jon Hurst has argued that small business owners feel ganged up on by the trio of ballot questions that also includes a constitutional amendment that would impose a surtax on income over $1 million.

"Though Hurst has said he'd be open to withdrawing his sales tax question if other concessions are made, he has said he would first like to see the millionaire's tax question knocked off the ballot by the Supreme Judicial Court, which is weighing a business-backed challenge to that question's ballot certification...."

Raise Up Massachusetts the extreme-leftwing organization largely comprised and funded by deep-pockets government employee and other unions is targeting businesses with three onerous ballot questions in November:  Paid (by employers) family leave; a $15/hour minimum wage, and; a graduated income tax.

It's understandable that especially small-business groups like the Retailers Association of Massachusetts feel embattled.  This wholesale assault on small businesses is why RAM initiated the petition drive to put on the ballot a rollback of the sales tax to 5 percent and establish by law an annual sales tax holiday.  Small businesses in Massachusetts are fighting for their lives to survive this onslaught of socialism.

The sustainability of capitalism itself in Massachusetts could well be determined by November's ballot.

I can appreciate why Jon Hurst and the Retailers Association are playing with a possible compromise using its sales tax rollback as a bargaining chip.  I just hope they don't cave in to empty and/or deceptive promises.  The Raise Up Massachusetts radicals already have declared "take-it-or-leave-it" and will take no prisoners.

Living in one of the bluest states in the nation is difficult.  Watching it circling the drain is painful.  Liberals never seem to learn that there is no free lunch, that somebody pays for everything the government "provides."  Margaret Thatcher famously noted "The problem with socialism it that you eventually run out of other peoples' money."

In Massachusetts the radicals are expeditiously running other peoples' money out of the state, chasing it out with a mindless determination.

USA Today last week reported ("States where Americans pay the least and most in taxes") that Massachusetts taxpayers have the 9th highest tax burden in the nation. It also reported ("10 states where the most people are moving and leaving") that we have the 6th highest out-migration of any of the states.

Do The Takers see no connections as they double- and triple-down on their selfish, mindless efforts?

Or are they intentionally seeking to take down the Bay State, transform it into a graveyard of universal poverty where those who remain will be equally miserable?

Many of leaders and leading organizations (such as the teachers unions) within Raise Up Massachusetts are the same which opposed us on Proposition 2½ (including our auto excise reduction) in 1980, CLT's repeal of the Dukakis surtax in 1986, the same that advocated and supported a graduated income tax in 1994, and which opposed our income tax roll back to 5% in 2000.

If they had defeated us and prevailed, Bay State taxpayers would have had skyrocketing property tax bills since 1980 along with an annual auto excise almost triple what it is now. There would still be a 7.5% surcharge on top of a 5.95% income tax rate.  And taxpayers would be saddled with a graduated 8.8% income tax rate starting at $50,200.

In other words, were it not for CLT and the voters, Massachusetts would have already become an economic basket case decades ago.

Chip Ford
Executive Director


 
The Boston Herald
Sunday, February 18, 2018

A Boston Herald editorial
Bay State’s golden geese

Two recent studies take a deep dive into the impact of state taxes, particularly those aimed at high-income earners, and their ability to pick up stakes and move to more hospitable locations.

Add in the impact of the recently-passed federal tax reform bill that severely limits the ability of taxpayers to deduct state and local taxes on their federal returns and you have what the Pioneer Institute, author of one of those studies, calls an “economic time bomb” for the state.

Pioneer and the Massachusetts Taxpayers Foundation in its report were both troubled by the possibility of a 4 percent surtax on those earning $1 million or more — which could be on the November ballot — sending those high earners fleeing to the waiting arms of low-tax states like Florida and New Hampshire.

The ballot question is now before the Supreme Judicial Court on the issue of whether the surtax can be combined with an effort to designate the additional funds for education and transportation — a sweetener, if you will, for voters. But there is, in any case, the prospect of the surtax itself reaching the ballot.

Should it pass, high-income earners would face a tax of 9.1 percent, among the highest in the nation (fifth by actual rate, but the other four states offer more deductions). Pioneer found that a taxpayer with an adjusted gross income of $1 million would — because of the new federal limits on deductibility of state taxes —pay more than double the *effective* state tax rate. Thus increasing his tax bill from $153,152 to $318,095.

Mass. Taxpayers agrees, noting “Massachusetts already has a migration problem.” A net 475,000 people ($18.9 billion in adjusted gross income) left the state from 1993 to 2016. “The additional 4 percent income surtax will surely drive more Massachusetts taxpayers to change their state of tax residency.”

They point to four states that have enacted a surtax on incomes over $1 million — California, Connecticut, New Jersey and New York, which lost a combined $17.1 billion in adjusted gross income in 2016 alone. Their report also noted, “All four states are now re-thinking their income tax policies in order to prevent further out-migration by their highest earners.”

Class warfare eventually has its consequences. Massachusetts can’t afford to go down that road.
 

The Lowell Sun
Wednesday, February 21, 2018

A Lowell Sun editorial
If Prop 80 makes ballot, voters should reject it


That feel-good bid to pick the pockets of the state's highest earners just ran into another dose of reality, courtesy of a recent study that outlined its negative effects.

A proposed question on the November general election ballot -- whose constitutionality remains in doubt -- would add a 4 percent surcharge tax on annual income over $1 million. Known as Proposition 80, this "millionaires tax" would double the bill for Massachusetts' top earners by more than $300,000. At least that's the conclusion of a recent report issued by the Pioneer Institute, a Boston-based think tank.

Currently, Massachusetts imposes the same income tax rate -- currently 5.1 percent -- on every taxpayer. According to RaiseUp Massachusetts, the nonprofit coalition behind this money transfer -- the additional tax revenue would be used to fund the state's transportation and education needs. Estimates indicate that extra 4 percent tax would generate a $2 billion annual windfall.

Using data from various sources, including the IRS, the Pioneer study concluded the proposed change would make Massachusetts' top marginal income tax rate the nation's fifth highest. That in turn would likely convince high-income earners to take up residence elsewhere. That's because this pending referendum makes no distinction between successful entrepreneurs whose businesses employ thousands of Massachusetts residents and someone who attained millionaire status through the sale of property or inheritance income.

The pro-Proposition 80 crowd dismiss the potential mass migration of the state's wealthiest as nothing more than fear mongering. Sure, these individuals may be reluctant to uproot their families, but the lure of a more favorable tax climate in a neighboring state like New Hampshire may persuade them to relocate their business -- and jobs -- there.

And this 4 percent surcharge may just be the last straw.

And that's not idle speculation. Greg Sullivan, the Pioneer Institute's research director, indicated that Connecticut's high taxes were a contributing factor in General Electric's and Alexion Pharmaceuticals' decisions to move their headquarters to Massachusetts.

And then there's the legality of this referendum question.

The state's Supreme Judicial Court heard arguments by The Tax Foundation, an independent tax policy nonprofit, that Proposition 80 usurps the state Legislature's authority over the state treasury. In other words, that body retains sole control over tax policy, not the general population. The state's Constitution also prohibits petitions from including a "specific appropriation," which means taking all revenue from a source and using it to fund a particular purpose, like transportation and education in this case.

The SJC heard those arguments on Feb. 6, and expects to rule on the ballot measure's fate by early summer.

And for those who believe the state's wealthiest don't pay their fair share, think again. In Massachusetts, that 5.1 percent income tax rate may be the same for everyone, but 5.1 percent of $1 million generates considerably more in revenue than the median household income for Massachusetts -- $75,297 as of 2016.

No matter how you slice it, robbing from those who generate jobs and already pay far more in real estate, sales and personal-property taxes doesn't add up.

If Proposition 80 makes to the ballot, Massachusetts voters should reject it.


The Salem News
Friday, February 23, 2018

A tax by any other name
By Nelson Benton, editor emeritus

A graduated income tax by any other name is just as difficult to swallow, according to Citizens for Limited Taxation.

In a recent missive to members. CLT Executive Director Chip Ford of Marblehead, warns against buying into efforts to modify the language attached to the proposed income tax surcharge on the wealthy more commonly known as the "millionaires' tax."

Notes Ford: "I can't understand why some of our allies are intent on re-labeling this abomination 'Proposition 80.' It was explained to us that 80 percent reflects the percentage of income-tax increase on millionaires. We were asked to adopt the term early in our mutual opposition but declined, for a couple of reasons.

"First, as a proposed constitutional amendment, if it makes it onto the ballot it will likely be Question 1. That has nothing to do with 'Proposition 80' and can only serve to confuse less- or uninformed voters.

"Second, voters have consistently defeated a graduated income tax, five times over five decades. A sixth proposed graduated income tax has a long lineage of disapproval, failure, defeat.

"Voters have never heard of or had to vote on a 'Proposition 80.' Why would anyone who wants to defeat this graduated income tax want to rebrand it for its proponents, call it something new, provide it with a different image?

"At CLT we'll stick with the tried-and-true, with the known and proven, with our past successes: It's just another graduated income tax scheme with lipstick, another grad tax divide-and-conquer scam."

Look for it on your November ballot.

x x x

By the way, USA Today reports that Massachusetts currently ranks ninth in the country in terms of the percentage of residents' income that goes to pay state and local taxes. The figure 10.3 percent ranks it behind New York (which is highest at 12.6 percent), but well behind nation's lowest Alaska at 6.5 percent. Given the influence the public employee unions wield here, expect that figure to climb.  [See report below.]


State House News Service
Friday, February 23, 2018

Attorney: Legislative income tax surtax would have avoided challenge
By Andy Metzger


If those pushing for a new tax on the state's highest earners had followed a different, but arguably more difficult path, they wouldn't need to wait and see whether the state's top judges will allow their proposal to appear on the November ballot.

With a decision that could come at any time, the seven-member Supreme Judicial Court could send the so-called Fair Share Amendment to the legislative scrap heap if they determine it violates the constitution.

There would have been no legal objections to the proposal appearing on the November ballot had the supporters of the so-called Fair Share Amendment passed a version of it filed by a lawmaker as a bill, according to an attorney for the business groups who sued in an attempt to derail the constitutional amendment.

If the court allows the question to proceed to the ballot and voters approve it, the amendment would establish a 4 percent surtax on incomes over $1 million, raising an estimated $2 billion to be spent on education and transportation. After citizens and unions mounted a grassroots campaign, collecting tens of thousands of signatures, about 70 percent of lawmakers supported putting the constitutional amendment on the ballot, and the proposal is particularly popular among liberal Democrats. Business groups warn costs will balloon for top earners and the surtax would be a drag on the state's economy.

Last week the Pioneer Institute determined that if the proposal it calls Proposition 80 becomes law, then the new surtax combined with recent changes in federal tax law that limit deductions for state and local taxes would combine to double the state's "effective state tax rate for high-income taxpayers."

"Over the past two decades, the net outflow of wealth to Florida and New Hampshire has already been pronounced," Pioneer Executive Director Jim Stergios said in a statement. "Passage of Proposition 80 will speed the exodus of wealth from Massachusetts and could turn the Commonwealth into Connecticut, with stagnant revenues and a reputation for being unfriendly to business."

Supporters of the constitutional amendment chose a labor-intensive means of getting it this far. Rather than convincing a lawmaker to file it as a bill, supporters gathered more than 155,000 signatures in the fall of 2015, launching the proposal as a citizens' initiative. That tack helped illustrate support for the proposal and mobilized a cadre of volunteers years before the vote, but it also courted a legal challenge.

The head of the Massachusetts High Tech Council and other business leaders sued last fall, arguing Attorney General Maura Healey improperly certified the question to appear on the ballot.

That suit contends the proposal improperly cobbles together the unrelated subjects of taxation with spending on transportation and education; it improperly uses a citizens' initiative to appropriate money; and it usurps the Legislature's authority over budgeting.

The citizens' initiative was created about a century ago, but there are still some limits to what can be changed through the initiative petition.

"If you want to have a graduated income tax, there's a way to do it," Kevin Martin, an attorney for the business leaders told the Supreme Judicial Court during oral arguments earlier this month. In court, Martin even suggested one way that would avoid the particular restrictions inherent to the citizens' initiative process, saying, "You can do it through a legislative constitutional amendment."

If the proposal had been filed by a lawmaker, none of the legal arguments to block it from the ballot would apply, according to Martin.

The 1915 constitutional amendment that authorized a state income tax required a flat rate, so any effort to tax higher earners at higher rates would need to address that.

State lawmakers routinely file proposed amendments to the state's constitution, proposals that rarely attract much attention. It is relatively rare for Massachusetts lawmakers to support changes to the state's foundational document, which is the oldest in-service written constitution in the world.

In 2000 voters ratified two changes, according to the secretary of state's office, prohibiting incarcerated felons from voting in state elections, and accelerating the introduction of new legislative maps following the decennial census.

The benefit of filing a constitutional amendment as a citizens' initiative is the process requires supporters to build a political apparatus to advance the proposal, and it "becomes a little more high-profile as a result," said Peter Ubertaccio, a political science professor and dean of the School of Arts and Sciences at Stonehill College.

A similar proposal sponsored by a friendly lawmaker might not garner as much popular support, according to Ubertaccio, who said a lawmaker-filed proposal would also run the risk of being tangled up with the politics of the lawmaker who sponsored it.

The other difficulty facing legislative amendments to the constitution is proponents would have to take the responsibility for initiating the measure, and would not be able to point to the grassroots support for the proposal that is evident when citizens rally behind an initiative petition.

Gov. Charlie Baker, who appointed five of the SJC justices, has not yet taken a position on the tax proposal.

The surtax initiative was organized by Raise Up Massachusetts, a group that has the support of labor unions and community groups and already scored a ballot box victory in 2014, when voters approved mandatory earned sick time for workers.

"Collecting over 150,000 signatures to place the amendment before the voters is true to the spirit of our coalition, and to the purpose of the initiative petition process enshrined in our constitution 100 years ago," said Raise Up spokesman Steve Crawford when asked about the decision to use the citizens' initiative. "We are confident that the Attorney General properly certified our question, we thank two consecutive legislatures that voted overwhelmingly to advance our amendment, and we believe that the Supreme Judicial Court will uphold the right of the voters to have their voices heard."

The court generally aims to issue decisions within 130 days of oral arguments, which means the court should issue a decision by mid-June.

"This process was created to ensure that voters have the chance to be heard on this exact kind of issue," a spokeswoman for Healey said in a statement. "We vigorously defended our certification before the Supreme Judicial Court, and we believe Massachusetts residents deserve the opportunity to vote on this question in November."

Citizens' initiatives face a lower hurdle in the Legislature than amendments sponsored by members of the House or Senate.

Any constitutional amendment needs to receive support from joint sessions of the House and Senate in two consecutive sessions before it can appear on the ballot when voters may choose to ratify or reject the proposal.

An amendment filed by a lawmaker needs the support of 101 members of the 200-seat Legislature in both sessions, according to Senate Clerk William Welch. A citizens' initiative for a constitutional amendment needs the support of 50 members in back-to-back sessions.

In 2016 the surtax ballot proposal cleared the Legislature on a 135-57 vote, and the next year it passed 134-55, easily exceeding either threshold. Some lawmakers said their vote was to give voters the chance to decide the question.

The Supreme Judicial Court has knocked questions off the ballot before. In 2016, the court threw out a citizens' initiative seeking to end the use of Common Core learning standards and publicize state assessment test questions along with other information. The court determined that question combined proposals that are not related or mutually dependent.


State House News Service
Thursday, February 22, 2018

Minimum wage hike backers adopting take-it-or-leave-it strategy
By Matt Murphy


The ballot proposal to raise the state's minimum wage to $15-an-hour is non-negotiable, according to a Raise Up Massachusetts insider who described the group's wage-floor hike effort as a take-it-or-leave-it proposition as legislators look to find a compromise that would keep that question and two others off the November ballot.

A new internal poll has imbued Raise Up Massachusetts, the coalition of labor, civic and religious organizations behind three ballot proposals this cycle, with strengthened confidence in its prospects for convincing voters to embrace a $15 minimum wage and reject a reduction in the sales tax.

While Raise Up leaders remain optimistic that talks between lawmakers and business groups will yield a compromise over paid family and medical leave, the grassroots group feels no impetus to negotiate over the wage increase, either separately or as part of a bigger deal, the source familiar with Raise Up's strategy told the News Service.

Raise Up plans in the coming weeks to ramp up its legislative lobbying efforts for the $15 minimum wage by staging a series of community briefings around the state, with events planned in Fall River and New Bedford, Springfield, Lawrence, Worcester, Boston, Lynn and Brockton.

"The legislature needs to hear from us, in every corner of Massachusetts, that it's time to pass Paid Family and Medical Leave and a $15 Minimum Wage," Field First organizer and Raise Up member Madeline McGill wrote in an email last Friday detailing the effort to coalition members.

The insider, who requested anonymity to discuss internal campaign and lobbying strategies, said the group "will not entertain changes that take people backward," including the creation of a lower wage for teenagers or the elimination of time-and-a-half pay on Sundays.

"Pass our bill," the person said.

A poll conducted by Kiley & Company in late January for Raise Up Massachusetts found that paid family and medical leave would be a slam dunk at the ballot box in November, while support for a $15 minimum wage was better than two-to-one.

A presentation of the poll's core findings, obtained by the News Service, also showed that despite strong support for a third ballot question lowering the state sales tax to 5 percent, it was vulnerable to negative messaging.

Those results have buttressed Raise Up's resolve to push forward with its ballot strategy for the minimum wage increase and resist pressure to cut a deal with business groups. The internal poll randomly sampled 600 registered and likely voters on both landlines and cellphones.

The sales tax reduction question polled as well as a minimum wage increase, but support waned as arguments against the reduction were introduced to voters.

Those negatives included claims that it would take money away from schools and transportation infrastructure and that a decrease in sales tax revenue would hurt the state's ability to make up for the loss of federal financial support for health care and other priorities due to the federal tax cut.

Support, the test showed, could be driven down from 68 percent to 50 percent after negative consequences were introduced, though the poll did not account for the arguments the Retailers Association of Massachusetts, which is behind the ballot question, might use to the sell the idea to voters.

Retailers Association President Jon Hurst has argued that small business owners feel ganged up on by the trio of ballot questions that also includes a constitutional amendment that would impose a surtax on income over $1 million.

Though Hurst has said he'd be open to withdrawing his sales tax question if other concessions are made, he has said he would first like to see the millionaire's tax question knocked off the ballot by the Supreme Judicial Court, which is weighing a business-backed challenge to that question's ballot certification.

Asked about the hard line Raise Up was drawing for legislators over the minimum wage, a coalition spokesman, Steve Crawford, said, "We're working hard to win passage of these bills in the legislature, but from the beginning, we've been prepared to take our two questions to the ballot if necessary."

The ballot question, and identical legislation, proposes to raise the state's minimum wage from $11 an hour to $15 in single dollar increments starting in 2019, and raise the minimum wage for tipped workers from $3.75 to $9 per hour, plus tips.

At a hearing late last month on the paid leave and minimum wage ballot questions, the Labor Committee's two chairmen Rep. Paul Brodeur and Sen. Jason Lewis both expressed their desire to find a way to resolve the issues within the Legislature before voters are asked to decide.

"Rep. Brodeur and I are very committed to working with all the parties to discuss and work through these two issues and we are hopeful that we are able to resolve these through the legislative process and they won't have to be on the ballot, but time will tell," Lewis said.

Negotiations between stakeholders over paid family and medical leave, which is viewed as the more complicated of the two proposals, have taken precedence for months on Beacon Hill, but the idea of striking a multi-faceted bargain has been hanging in the air.

House Speaker Robert DeLeo and Senate President Harriette Chandler have both stated their interest in resolving questions about paid family leave and the minimum wage before they reach the ballot.

And just this week, Sen. Stanley Rosenberg, who lost his power to influence the talks when he was forced to give up the Senate presidency, told the Springfield Republican that he thought it possible to combine talks over those two issues with the proposed ballot question to reduce the state's 6.25 percent sales tax to 5 percent.

Rosenberg, according to the newspaper, said it might be possible for all three questions to be "on the table and in the picture at the same time."

Brodeur, a Melrose Democrat, said last month that negotiations between lawmakers and stakeholders over paid family and medical leave and the minimum wage had not bled together, but he did not rule out the possibility that they could.

"Right now, not so much. Can I see that changing? Sure," Brodeur said, adding, "All the folks that are interested in all three things have cross-connecting relationships to the issues, but is everyone sitting at a table right now saying we'll give you a point on the sales tax for a buck on the minimum wage? No."


The Salem News
Wednesday, February 21, 2018

Progressives should celebrate, not despair over, new tax rule
By Taylor Armerding

You’ve heard that old cliché: “Don’t tax you. Don’t tax me. Tax that guy behind the tree.”

Who’d have thought – especially at a time when about the worst thing you can say about a guy is that he’s rich – that alleged “progressives” would be embracing that concept in behalf of those who are “more fortunate?”

Yes, the message from blue state pols is: Tax the rich – just not in my state.

And who’d have thought the target of their outrage would be Republicans, who we are constantly told are all about handing government money (because, of course, it is government that generates, and therefore owns, all the money in existence) to “millionaires and billionaires and their cronies” at the expense of everybody else?

But, yes, that’s the way it is in our Through-the-Looking Glass world of 2018. The tax reform bill crafted by the majority Republican Congress and signed into law by President Trump has a provision that increases taxes on the rich.

So why aren’t Democrats clinking champagne glasses, celebrating that they tricked those dumb Republicans into implementing one of their core principles?

You would think that all politically correct, wealthy progressives would be applauding the chance to pay more of their “fair share” to benefit “working people,” since apparently anybody who is wealthy doesn’t work. But you would be wrong. The governors of deep-blue states like New York and California are having a meltdown over the partial loss of a tax break for their wealthier constituents. Is this yet another ironic result of Trump Derangement Syndrome?

I’m almost expecting them to run an ad, highlighting the anguish of a family that is going to have to go from three BMWs to two, or cut a week off of their winter vacation in the Caymans. Oh, the horror.

It’s almost as amusing as watching House Minority Leader Nancy Pelosi, sitting grimly at Trump’s first State of the Union, looking like she was chewing the inside of her mouth even when the president came out with a line that normally would have obvious bipartisan support, like taking better care of veterans or fixing our “broken” infrastructure.

I figure just about anything that has Pelosi chewing the inside of her mouth is a good thing.

The tax break in question isn’t disappearing – it just comes with a cap now that will benefit the “less-fortunate” while ending the semi-hidden gravy train for those who are wealthier.

It’s known as the SALT (state and local taxes) deduction, that until now has allowed taxpayers to deduct all of their SALT payments as expenses on their federal return, therefore reducing their taxes. The reform also puts local property taxes under that cap.

The deductible portion of SALT and property tax payments is now limited to $10,000.

And that falls right in line with what progressives, at least until now, have been calling progressive. It gives a break to the poor and takes a chunk of it away from the wealthy. What’s not to like?

A few analysts have run the numbers. One example from California: A couple making $150,000 will get to deduct all of an estimated $8,797 in state and local taxes, although if they pay more than $1,203 in property taxes, that will exceed the cap.

A couple making $500,000, on the other hand, will have a state tax bill of $41,347, which significantly exceeds the cap and will require them to pay about $11,600 more to the feds.

Which ought to generate blue state applause. All I’ve been hearing for decades is that the rich “can afford it.” It is what they have been saying they want to happen to the 1 percent, or even the top 40 percent?

Indeed, since the current tax reform was signed into law, those on the left have been portraying it as Trump and his billionaire cronies simply helping the rich get richer. Why aren’t they celebrating a provision that does the opposite?

Well, the answer to that gets at what is really bothering them. This is going to make it more difficult for them to keep raising taxes in what are already very high-tax states. California has the dubious distinction of the highest marginal tax rate – 13.3 percent – in the nation. While New York state is at a somewhat less punishing 8.82 percent, it is 12.7 percent in New York City.

And one of the ways they’ve been able to sell ever-higher taxes is to tell voters, “Hey, you can write it off on your federal taxes.”

Now, not so much. Now that their wealthy constituents (and campaign donors) won’t be able to deduct all of their state, local and property tax bills, the leaders of those states actually might start being held accountable for rampant overspending.

Of course, they don’t like that. But the reality is that high state taxes aren’t about helping “working people.” They’re about helping the political class, including public employee unions whose contracts give them pay and benefits vastly beyond those of the average taxpayer.

Beyond that, for those who are forever talking about fairness, how fair is it that those unlimited SALT deductions were subsidized by taxpayers living in lower-tax states, many more of whom are likely to have lower incomes? That’s the opposite of progressive.

And it demonstrates that the “tax the rich” mantra has been said with a wink. Essentially the message is, “Yeah, we’ll beat you up in public, but we’ll take care of you with one of those loopholes we’re always talking about eliminating.”

If you really are for taxing the rich, you should be applauding this provision. You don’t get to tax only the rich behind the tree.

Taylor Armerding of Ipswich is an independent columnist.


USA Today
Tuesday, February 20, 2018

States where Americans pay the least (and most) in taxes [Link to full report]
By Evan Comen and Thomas C. Frohlich

Excerpt

41. Massachusetts
Taxes paid as pct. of income: 10.3%
Income per capita: $64,235 (2nd highest)
Income tax collections per capita: $2,133 (3rd highest)
Property tax collections per capita: $2,181 (8th highest)
General sales tax collections per capita: $854 (24th lowest)

42. Minnesota
Taxes paid as pct. of income: 10.8%

43. Rhode Island
Taxes paid as pct. of income: 10.8%

44. Maryland
Taxes paid as pct. of income: 10.9%

45. Wisconsin
Taxes paid as pct. of income: 11.0%

46. Illinois
Taxes paid as pct. of income: 11.0%

47. California
Taxes paid as pct. of income: 11.0%

48. New Jersey
Taxes paid as pct. of income: 12.2%

49. Connecticut
Taxes paid as pct. of income: 12.6%

50. New York
Taxes paid as pct. of income: 12.7%


USA Today
Wednesday, January 3, 2018

10 states where the most people are moving (and leaving)
[Link to full report]
By Douglas A. McIntyre

Excerpt

The states that are losing people as they move away are almost exclusively in the Northeast or the Rust Belt. The “moving out” states, according to the survey:

1. Illinois
2. New Jersey
3. New York
4. Connecticut
5. Kansas
6. Massachusetts
7. Ohio
8. Kentucky
9. Utah
10. Wisconsin


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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