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CLT UPDATE
Thursday, May 31, 2018

New Micro-Municipal Government and a New Power to Tax


Massachusetts lawmakers are moving to impose as much as $50 million in new annual fees, considering a surcharge on car rentals as well as some transactions involving mortgages and deeds.

Legislators argue the new money is needed for police training, county government, parks and open spaces, affordable housing, and historic preservation.

But should those proposals be sent to Governor Charlie Baker, he indicated he may veto them.

“The governor does not generally support raising fees,” said Baker spokesman Brendan Moss in response to a question about the proposals. “The administration will carefully review final legislation that reaches his desk.” ...

Key parts of the fee hikes have the backing of municipal officials, police officials, and a bipartisan group of legislators.

But low-tax advocates, who note that tax revenue has been coming into state coffers at a steady clip, are strongly opposed.

“More is never enough,” said Chip Ford, executive director of Citizens for Limited Taxation. “I don’t care how much they take in, they want more, more, always more! It’s just a ceaseless drive to take more from the taxpayer — by any means necessary.”

The Boston Globe
Thursday, May 31, 2018
Beacon Hill moves to raise $50 million in fees on rental cars, real estate transactions


The House overwhelmingly approved legislation Wednesday that would allow property owners to form districts and levy assessments to pay for improvements within them.

Lawmakers have previously attempted to give property owners the option of establishing community benefit districts, and included a provision authorizing them in the fiscal 2018 budget bill. That section was vetoed by Gov. Charlie Baker who said the assessments are "the functional equivalent of new property taxes."

House Ways and Means Chairman Jeffrey Sanchez said there is broad agreement on the legislation (H 4546) that passed the House on a 149-2 vote on Wednesday, which he described as a "compromise." ...

The Massachusetts Smart Growth Alliance cheered the Senate's inclusion of community benefit districts in its budget bill a year ago.

State House News Service
Wednesday, May 30, 2018
Neighbors could band together to finance community improvement under House bill


Voters in Massachusetts are not new in feeling that their elected representatives do not respect them very much.

In 2000, Bay Staters voted to roll back the state income tax from 5.75 [sic - 5.85] percent to 5 percent only to have the Legislature override the measure in 2002. In 2017, lawmakers on Beacon Hill passed an $18 million pay raise for themselves even as they complained that the state desperately needed funds for other programs.

Last week the state Senate slipped in a budget amendment that would essentially establish the commonwealth as a “sanctuary state.” The classification would prevent law enforcement from making inquiries into the residency status of immigrants.

It is fairly routine that the hard-working, law-abiding voters of Massachusetts are disregarded or treated with a measure of disdain by our political leaders. In some cases, the affront comes even before the candidate ascends to the office, as is the case in the 3rd Congressional District, where some of those asking for our votes have shoddy voting records themselves....

It makes cynics of us all.

Satirist H.L. Mencken had a bead on it: “The government consists of a gang of men exactly like you and me. They have, taking one with another, no special talent for the business of government; they have only a talent for getting and holding office. Their principal device to that end is to search out groups who pant and pine for something they can’t get and to promise to give it to them. Nine times out of ten that promise is worth nothing. The tenth time is made good by looting A to satisfy B. In other words, government is a broker in pillage, and every election is sort of an advance auction sale of stolen goods.”

A Boston Herald editorial
Wednesday, May 30, 2018
Candidates seeking office can’t be bothered to vote
 


Voter attitudes about possible ballot questions to charge a surtax on wealthy residents and reduce the state sales tax rate to 5 percent have not shifted much in about six months and both measures enjoy broad support, a new poll shows.

A MassINC poll released Thursday by WBUR found that 77 percent of respondents strongly or somewhat support the proposed ballot question that would impose a 4 percent surtax on income greater than $1 million and direct that revenue towards transportation and education. The bulk of respondents, 57 percent, said they strongly support the measure....

Pollsters also asked voters their thoughts on the proposed ballot question to lower the sales tax from 6.25 percent to 5 percent and establish a permanent sales tax holiday. Sixty-seven percent of respondents said they either strongly or somewhat support the question and 22 percent somewhat or strongly oppose it....

Voters might not get a chance to weigh in on either ballot question in November. The Supreme Judicial Court is due to rule any day on the income surtax's ballot eligibility and the sales tax question has been part of behind-the-scenes talks about the Legislature taking action to avoid the question going to the ballot.

State House News Service
Thursday, May 31, 2018
Poll shows steady, strong support for income surtax, sales tax cut
 


Chip Ford's CLT Commentary

More, more, always more and More Is Never Enough (MINE).  That's what I told Boston Globe State House reporter Joshua Miller when he called yesterday, informing me of the breaking news.  He asked how I felt about the hike in fees.  I told him that no, I'm not "outraged," the pols' actions are no longer "outrageous" because when everything is outrageous nothing is the word has lost its power.

I told Miller that I feel simply disgusted.  Disgusted with legislators who keep stealing ever more from productive taxpayers even as state revenues pour in and are spent even quicker but I'm even more disgusted with the voters who keep electing and re-electing them.

Further proving that More Is Never Enough, yesterday the House passed a bill [H-4546] creating "community benefit districts" which is nothing more than a stealthy way of creating a whole new level of government with the power to create new taxes.  Effectively, it's an end-run around the restrictions of Proposition 2˝ by dividing municipalities into "community benefit districts" that can then vote to tax individual sub-divisions of cities and towns a neighborhood tax.

The State House News Service reported:

"Lawmakers have previously attempted to give property owners the option of establishing community benefit districts, and included a provision authorizing them in the fiscal 2018 budget bill. That section was vetoed by Gov. Charlie Baker who said the assessments are 'the functional equivalent of new property taxes.'"

Did you get that?  "Lawmakers . . . attempted to give property tax owners the option" to be taxed even more.  How very generous of them.

Sadly, the bill passed in the House yesterday with only two votes against it:  Reps Michelle DuBois (D-Brockton) and Denise Provost (D-Somerville).  I wonder what the story is behind those two 'nay' votes, but not even one Republican voted against this atrocity.

"House Ways and Means Chairman Jeffrey Sanchez said there is broad agreement on the legislation (H 4546) that passed the House on a 149-2 vote on Wednesday, which he described as a 'compromise.'

"'This local-option bill is going to allow property owners in a community to pool their resources together to improve community through this benefits district proposal,' Sanchez said on the floor Wednesday."

This is what municipal property taxes, excise taxes, fees, et cetera are supposed to fund but More Is Never Enough.  So the Legislature is plotting to burden taxpayers with yet another new level of government with taxing authority:  the micro-municipality.

Block by block they're coming for taxpayers.  Will they next propose also taxing us at the street level, then room by room?

That quote by H.L. Mencken captured in the Boston Herald editorial succinctly depicts today's dire circumstances:  "government is a broker in pillage, and every election is sort of an advance auction sale of stolen goods.”

Chip Ford
Executive Director


 
The Boston Globe
Thursday, May 31, 2018

Beacon Hill moves to raise $50 million in fees on rental cars, real estate transactions
By Joshua Miller


Massachusetts lawmakers are moving to impose as much as $50 million in new annual fees, considering a surcharge on car rentals as well as some transactions involving mortgages and deeds.

Legislators argue the new money is needed for police training, county government, parks and open spaces, affordable housing, and historic preservation.

But should those proposals be sent to Governor Charlie Baker, he indicated he may veto them.

“The governor does not generally support raising fees,” said Baker spokesman Brendan Moss in response to a question about the proposals. “The administration will carefully review final legislation that reaches his desk.”

Last week, the state Senate and House of Representatives passed separate bills that included a new $2 fee for each car rental transaction in the state. The revenue would support municipal police training.

The Senate, but not the House, also passed tens of millions of dollars in fee increases at registries of deeds that would hike underlying fees — for example, the cost of recording a mortgage would rise from $150 to $160 — as well as increase a surcharge on most transactions from $20 to $50.

Key parts of the fee hikes have the backing of municipal officials, police officials, and a bipartisan group of legislators.

But low-tax advocates, who note that tax revenue has been coming into state coffers at a steady clip, are strongly opposed.

“More is never enough,” said Chip Ford, executive director of Citizens for Limited Taxation. “I don’t care how much they take in, they want more, more, always more! It’s just a ceaseless drive to take more from the taxpayer — by any means necessary.”

The car rental surcharge has nearly universal support in the Legislature, passing in the House, 149-4, and in the Senate as a budget amendment, 37-0, with the backing of every Republican. Those margins would easily override a Baker veto.

Speaker Robert A. DeLeo, a Winthrop Democrat, said, “The House heard from police chiefs and recognizes the need for additional funds for municipal police training.”

That new rental car fee would add up to $8 million or more each year, and would be deposited in a fund for municipal police training for recruits as well as veteran officers. It would create a steady stream of revenue that law enforcement officials and advocates say is sorely needed.

Senator Julian Cyr, a Democrat who sponsored the Senate budget amendment that includes the fee, said, “The scope of law enforcement has expanded, if you look at the response to the opioid epidemic. . . . We’re asking them to do more and more, so having a stable, predictable training fund that’s not connected to the year-to-year up and down is key.”

Chelsea Police Chief Brian Kyes echoed that view and said, “The fee is nominal and it relieves taxpayers from the burden of paying for this training.”

The surcharge wouldn’t apply to ride-hailing companies such as Uber and Lyft, nor on rental periods of less than 12 hours that are charged on an hourly basis.

But the top US car rental company group, which represents 98 percent of the industry, is decrying the effort.

The American Car Rental Association said in a statement that it “wholeheartedly supports law enforcement and enhanced training.”

However, the group said, “At least 50 percent of those who rent cars in Massachusetts are local residents and companies. So this additional tax seems misplaced and unfair since there are other far more equitable ways for responsible lawmakers to fund such important programs.”

For rentals in Boston, there is already a surcharge of $10 per transaction that goes to the construction and financing of convention centers in the state, alongside additional costs.

The other slew of proposed fee increases that could become law apply to actions people take at the registry of deeds, such as recording a mortgage or a deed. They were included in the Senate-passed state budget but not in the budget passed by the House. That means they may or may not be included in the final budget that is sent to the governor.

(Neither budget includes broad-based tax increases, but voters may have an opportunity to impose a new income surtax on high earners at the ballot box this fall.)

One set of fee hikes would apply to transactions at a registry. Among them: The fee for recording a mortgage would rise from $150 to $160; the fee for recording a deed would rise from $100 to $110; and the fee for recording a declaration of trust would rise from $200 to $210.

In the several counties where county government still exists and runs the registries, it appears much of the new money would be retained by the county government. Everywhere else — such as in Middlesex County — the state’s general fund would likely get most of the extra cash.

The other increase in registry of deeds charges would be to a surcharge on most transactions — in addition to the underlying fees — to $50 from $20, and to $25 from $10 for recording a municipal lien certificate.

That increase would support the Community Preservation Act, a state law that plows local and state money into open space preservation, playgrounds, athletic fields, affordable housing, and historic preservation.

Voters in about half of the cities and towns in Massachusetts have chosen to increase their property taxes and put that money into community preservation projects.

The new registry fees would supplement the revenue generated by local property taxes. In the early 2000s, the state was able to match the local funds accrued under the Community Preservation Act at 100 percent. But due to inflation and the big uptick in the number of communities joining, that’s now down to a match of just 11 percent.

“There’s a bit of a crisis in funding for the CPA program,” said Stuart Saginor, executive director of the Community Preservation Coalition, a nonprofit. “We certainly don’t want to go backwards.”

He said the surcharge for registry fees has never been increased since the CPA was signed into law in 2000. The act, Saginor said, has “contributed tremendously to Commonwealth’s quality of life,” supporting vast tracts of preserved open space, tens of thousands of affordable housing units, and myriad historic preservation and outdoor recreation projects.

Fiscal watchdogs urged caution.

Doug Howgate of the business-backed Massachusetts Taxpayers Foundation said the group estimates the total new annual revenue from the car rental fee and community preservation surcharge alone would be in the range of $35 million to $50 million.

“That’s a lot of money,” he said. “Any time you are generating multiple tens of millions in new revenue, you need to make sure people are comfortable with how it’s being spent and how it’s being tracked over time.”
 

State House News Service
Wednesday, May 30, 2018

Neighbors could band together to finance community improvement under House bill
By Andy Metzger


The House overwhelmingly approved legislation Wednesday that would allow property owners to form districts and levy assessments to pay for improvements within them.

Lawmakers have previously attempted to give property owners the option of establishing community benefit districts, and included a provision authorizing them in the fiscal 2018 budget bill. That section was vetoed by Gov. Charlie Baker who said the assessments are "the functional equivalent of new property taxes."

House Ways and Means Chairman Jeffrey Sanchez said there is broad agreement on the legislation (H 4546) that passed the House on a 149-2 vote on Wednesday, which he described as a "compromise."

"This local-option bill is going to allow property owners in a community to pool their resources together to improve community through this benefits district proposal," Sanchez said on the floor Wednesday.

With the approval of the local government, property owners within the municipality could band together and form a district if they own a majority of the assessed value within it.

"Large property owners already have outsized political power," said Rep. Denise Provost, a Somerville Democrat. She said, "This bill gives them quasi-governmental powers."

Provost and Brockton Democrat Rep. Michelle DuBois cast the lone votes against the bill in the House. Provost said property owners can't opt out of the districts, the bill doesn't require notification to tenants in a proposed district, and she doubts municipal governments have "the sophistication to evaluate complex proposals like this" under the time-frame included in the bill.

The bill would require a hearing on community benefit district proposals, and it would require a decision within 180 days of filing a petition.

The Massachusetts Smart Growth Alliance cheered the Senate's inclusion of community benefit districts in its budget bill a year ago.

The districts "provide services that are not supported by the municipality, which may include items like sidewalk cleaning, cultural programming, public art, branding and marketing, street furniture, landscaping, and more," and they are managed by a non-profit financed by property owners, donations and program revenues, the alliance said about last year's proposal.


The Boston Herald
Wednesday, May 30, 2018

A Boston Herald editorial
Candidates seeking office can’t be bothered to vote


Voters in Massachusetts are not new in feeling that their elected representatives do not respect them very much.

In 2000, Bay Staters voted to roll back the state income tax from 5.75 [sic - 5.85] percent to 5 percent only to have the Legislature override the measure in 2002. In 2017, lawmakers on Beacon Hill passed an $18 million pay raise for themselves even as they complained that the state desperately needed funds for other programs.

Last week the state Senate slipped in a budget amendment that would essentially establish the commonwealth as a “sanctuary state.” The classification would prevent law enforcement from making inquiries into the residency status of immigrants.

It is fairly routine that the hard-working, law-abiding voters of Massachusetts are disregarded or treated with a measure of disdain by our political leaders. In some cases, the affront comes even before the candidate ascends to the office, as is the case in the 3rd Congressional District, where some of those asking for our votes have shoddy voting records themselves.

As the Herald’s Hillary Chabot reported, former U.S. Ambassador to Denmark Rufus Gifford didn’t vote in the 2004 or 2016 presidential primaries, according to the California secretary of state. Gifford is from Manchester by the Sea. He volunteered for the John Kerry presidential campaign in 2004 and was quickly hired, but apparently his interest in the political process has its limitations.

Dan Koh, the former chief of staff to Mayor Marty Walsh, missed the 2010 special Senate election that saw Scott Brown win the seat formerly occupied by U.S. Sen. Edward M. Kennedy, for whom Koh interned. Koh also failed to vote in the 2006 gubernatorial election as well as the 2007 election for the seat he’s currently seeking.

Boxboro resident Patrick Littlefield cast a ballot in the 2007 congressional primary but missed the Oct. 16 general election, according to records provided by town and state election authorities. Littlefield also failed to vote in the 2008 presidential primary.

State Rep. Juana Matias (D-Lawrence) skipped a vote to fill John Kerry’s U.S. Senate seat and the 2007 special election for the seat she is now running for.

These are hardly capital crimes to be sure, but one would hope that these future and current public servants would have an elevated level of respect for the system of democracy. We know that opportunism and ego are usually core elements to achieving success in politics, but it is unpleasant to witness in raw form.

It makes cynics of us all.

Satirist H.L. Mencken had a bead on it: “The government consists of a gang of men exactly like you and me. They have, taking one with another, no special talent for the business of government; they have only a talent for getting and holding office. Their principal device to that end is to search out groups who pant and pine for something they can’t get and to promise to give it to them. Nine times out of ten that promise is worth nothing. The tenth time is made good by looting A to satisfy B. In other words, government is a broker in pillage, and every election is sort of an advance auction sale of stolen goods.”

That’s a reason not to vote.

The difference is that Mencken is not running for Congress.

We should be clear, though. Many Americans stay away from the polls. In November 2016 there were 245.5 million Americans age 18 and older in the United­ States, according to the Census Bureau. Only 157.6 million of those indicated that they were registered to vote. That means that 87.9 million or so people had essentially disenfranchised themselves.

To err is human and many folks forget to register properly. Eric and Ivanka Trump could not vote for their father in the New York primary in April 2016 as they’d missed the deadline to register as Republicans.

Candidates in the 3rd District will be in full Get Out the Vote mode shortly and some of them better hope that the political powers of persuasion work better on the electorate than they did on themselves.


State House News Service
Thursday, May 31, 2018

Poll shows steady, strong support for income surtax, sales tax cut
By Colin A. Young


Voter attitudes about possible ballot questions to charge a surtax on wealthy residents and reduce the state sales tax rate to 5 percent have not shifted much in about six months and both measures enjoy broad support, a new poll shows.

A MassINC poll released Thursday by WBUR found that 77 percent of respondents strongly or somewhat support the proposed ballot question that would impose a 4 percent surtax on income greater than $1 million and direct that revenue towards transportation and education. The bulk of respondents, 57 percent, said they strongly support the measure.

Opposition to the so-called millionaire's tax, which is being challenged in court after being advanced twice by the Legislature, registered at 18 percent total, with 5 percent saying they had not yet made up their minds.

When MassINC and WBUR asked the same question in November, public opinion of the income surtax was split 76 percent in favor to 19 percent opposed.

Pollsters also asked voters their thoughts on the proposed ballot question to lower the sales tax from 6.25 percent to 5 percent and establish a permanent sales tax holiday. Sixty-seven percent of respondents said they either strongly or somewhat support the question and 22 percent somewhat or strongly oppose it.

Six months ago, support for the sales tax reduction was measured by MassINC at 69 percent and opposition at 20 percent.

The MassINC poll was based on landline and cell phone interviews with 501 registered Massachusetts voters between May 22 and May 26, the group said.

Voters might not get a chance to weigh in on either ballot question in November. The Supreme Judicial Court is due to rule any day on the income surtax's ballot eligibility and the sales tax question has been part of behind-the-scenes talks about the Legislature taking action to avoid the question going to the ballot.

 

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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