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CLT UPDATE
Thursday, June 14, 2018

CLT Status Report


It’s hard to argue with clean streets, streetlights that work, sidewalks that get shoveled in the winter and maybe even a bench or two to take a break from those strolls through town. Most of us don’t consider these to be extras — we expect them in our communities. And most of us, in some form or another, pay for them with our taxes.

That’s why it’s hard to appreciate a movement on Beacon Hill that seeks to create a new species of community improvement organization to do basically this work, funded with dues charged to local property owners. It’s especially hard to appreciate when we already have such a function in our lives, and we send our contributions to it payable to the local treasurer and collector.

The goals of so-called community benefit districts — new streetscapes, arts districts, historic districts and the like — sound swell enough that some lawmakers are warming to the idea, and support for them is spreading on Beacon Hill. They're especially enticing for lawmakers and local leaders who must contend with budgets stretched taught by pension contributions, healthcare costs, union contracts and similar forces....

Indeed, these districts would make living in our communities that much more expensive. They essentially raise property taxes without calling it as much. What’s more, they do so with a new tier of government — each would have its own 501(c)3 nonprofit organization, presumably with its own directors or trustees.

We’re all for communities working together to make improvements, and for supporting the nonprofit groups and religious organizations that fill in the void left by government. We’re not for novel ways to increase property taxes....

“Block by block they’re coming for taxpayers,” laments Chip Ford, director of Citizens for Limited Taxation. “Will the Legislature next propose also taxing us at the street level, then backyard by backyard? Today such speculation is not so far fetched.”

In November 1980, Massachusetts voters put a stop to this silliness by restraining the annual growth of local property tax collections. There are ways around the limits of Proposition 2˝ if there’s work to be done that isn’t covered by the municipal budget, and that no private group is willing to raise money to accomplish. Communities can vote for debt exclusions or overrides.

But those require something more than a public hearing. They require voters' approval of a referendum — a process that ensures everyone’s input is considered before our property taxes go up.

A Salem News editorial
Monday, June 11, 2018
Community benefit districts a tax hike in disguise
 


While tax collections are beating budget benchmarks by $879 million with just one month left in the fiscal year, the word surplus never came up Tuesday as Gov. Charlie Baker's budget chief outlined the revenue side of the state's fiscal picture....

Lawmakers in each of the last two years cited slow growth in tax collections as their reason for not embracing a summer sales tax holiday. The issue remains unresolved on Beacon Hill this year, but is included in a planned ballot question.

The size of any potential surplus for fiscal 2018 is being influenced by a steady stream of midyear spending bills that are being processed on Beacon Hill.

State House News Service
Tuesday, June 12, 2018
No word on surplus, but Heffernan says tax numbers "remain good"


When the Massachusetts Supreme Judicial Court met on Feb. 6 to consider the fate of the so-called millionaires’ tax, the stakes were high. If the SJC decided to kill the measure, the state would lose out on billions of dollars in new tax revenue each year for schools and transit. If the SJC upheld the proposal, the owners of thousands of pass-through businesses would be hit with higher taxes, expenses that some of them contend would cause them to shift operations out of state.

Since that blustery winter day, both proponents and opponents of the tax have anxiously awaited word from the SJC. And today, more than four months later, they’re still waiting. And waiting. And waiting....

The SJC typically takes a few months following oral arguments to issue its decision in a case. But the lack of a ruling on the millionaires’ tax isn’t a mere annoyance. It’s had practical effects on negotiations surrounding three other ballot measures: a minimum wage hike, paid family and medical leave, and a sales tax cut....

If the SJC upholds the tax, it would rattle some business lobbying groups that, based on the judges’ line of questioning in February, believe the SJC is likely to strike down the measure. An unfavorable ruling could lead them to rethink their stance in the negotiations.

But if the SJC kills the millionaires’ tax, it could hand more leverage to the Retailers Association of Massachusetts, since their sales tax cut would then be the only revenue game-changer poised to go to the ballot. “It becomes easier to negotiate something that’s middle of the road” in the event the SJC strikes down the proposal, RAM President Jon Hurst recently told the Business Journal....

Raise Up was told by its legal team to expect an SJC ruling in April or May, according to Finfer. Lawmakers have urged the SJC to publish a decision soon, he added.

The SJC has no official deadline to issue a decision, according to a court spokeswoman. It heard its final oral arguments of the term in May, she said.

Boston Business Journal
Tuesday, June 12, 2018
Businesses are still waiting for the millionaires’ tax ruling.
Here's what's at stake


More than 100 lawmakers -- 22 members of the 40-seat Senate and 83 in the 160-seat House of Representatives -- are on track to cruise another term without facing an official challenge, according to data from Secretary of State William Galvin's office.

But the new class of legislators seated in January will also include at least 24 new faces, with 20 representatives and four senators either leaving Beacon Hill during this session or opting against re-election bids. There's an opportunity for more newcomers to join by pursuing the steeper climb of challenging an incumbent, an effort being undertaken in 14 Senate districts and 57 House districts.

State House News Service
Tuesday, June 12, 2018
An inside look at hotspots within the 2018 legislative elections


Chip Ford's CLT Commentary

Isn't it strange how little is being reported on the so-called "community benefit districts" legislation?  As you know, I monitor all topics related to taxpayer interests on Beacon Hill and reported in the news, and apparently only The Salem News is reporting this backdoor assault on CLT's Proposition 2˝   taking a position opposed to it.  If CLT wasn't publicizing this attack on taxpayers nobody would know it's even being done to them, if anyone even cares.

You can bet they'll suddenly care if it becomes law when they get their first "benefit district" bills, on top of their property tax bills!  That's when CLT will start getting their calls.

If there is still a CLT to call, or anyone who cares.

"While tax collections are beating budget benchmarks by $879 million with just one month left in the fiscal year, the word surplus never came up," The State House News Service observed.  "The size of any potential surplus for fiscal 2018 is being influenced by a steady stream of midyear spending bills that are being processed on Beacon Hill."

And there you have the Bacon Hill philosophy in a nutshell, and why More Is Never Enough (MINE) and never will be.  There is no such thing as a surplus in Massachusetts.  'If it's available, spend it quickly.'  They'll come back for more later when they've spent us into the next "fiscal crisis" and there's not enough to further squander.

Meanwhile, everyone's standing by with bated breath awaiting the state Supreme Judicial Court's decision on whether or not the sixth potential Graduated Income Tax constitutional amendment (aka, the "Millionaires Tax" or "Fair Share Amendment") will be allowed on the November ballot.  The decision has been expected for some time, but the waiting goes on.

I hope I'm here when it is announced, but if that occurs next week I won't be available to inform you until I return from my trip out-of-state.

As I've reported a few times recently, support for CLT has been steadily declining.  I mentioned in the last CLT Update that a decision on CLT's fate is closing in.  Next week I am flying out-of-state to explore my options for when the doors close at CLT.  This will be the first time-off I've had from my 14-16 hour days working for CLT seven days a week, 52 weeks a year since Barbara passed away two years ago my first vacation leave.

Upon my return from scouting for a less abusive and oppressive, more affordable place to relocate (they are multitude), CLT will be mailing out to you its last fundraising appeal package.  The response to it will determine whether CLT will be able to continue through the November election, or instead will just fade away as operating funds run out.  I'd like to see CLT fight on through the coming election a final crusade on behalf of taxpayers but even if we somehow manage to stretch CLT's life-support through then, it'll be game-over, the end of an era.  "44 Years As The Voice of Massachusetts Taxpayers" will end at 44.

There is simply not enough support any more for the sustained effort required to defend Massachusetts taxpayers.  Too few and getting fewer are carrying the burden for far too many who have taken a free ride for all these decades.  Soon all will need to individually fend for themselves, without CLT.  I don't want be here when that happens.  That's why I'm looking to bail out now.

I thought you should know what's ahead so that, like me, you too can begin making your own self-defense preparations.

Chip Ford
Executive Director


 
The Salem News
Monday, June 11, 2018

A Salem News editorial
Community benefit districts a tax hike in disguise


It’s hard to argue with clean streets, streetlights that work, sidewalks that get shoveled in the winter and maybe even a bench or two to take a break from those strolls through town. Most of us don’t consider these to be extras — we expect them in our communities. And most of us, in some form or another, pay for them with our taxes.

That’s why it’s hard to appreciate a movement on Beacon Hill that seeks to create a new species of community improvement organization to do basically this work, funded with dues charged to local property owners. It’s especially hard to appreciate when we already have such a function in our lives, and we send our contributions to it payable to the local treasurer and collector.

The goals of so-called community benefit districts — new streetscapes, arts districts, historic districts and the like — sound swell enough that some lawmakers are warming to the idea, and support for them is spreading on Beacon Hill. They're especially enticing for lawmakers and local leaders who must contend with budgets stretched taught by pension contributions, healthcare costs, union contracts and similar forces.

Something like these districts — advocates liken them to a condo association for your neighborhood — would make it easier to get projects rolling and get things done.

Except, who ever wished for a condo association?

Indeed, these districts would make living in our communities that much more expensive. They essentially raise property taxes without calling it as much. What’s more, they do so with a new tier of government — each would have its own 501(c)3 nonprofit organization, presumably with its own directors or trustees.

We’re all for communities working together to make improvements, and for supporting the nonprofit groups and religious organizations that fill in the void left by government. We’re not for novel ways to increase property taxes.

But this is what groups such as the Massachusetts Smart Growth Alliance — and lawmakers including Sen. Brendan Crighton, a Lynn Democrat and primary sponsor of the Senate bill — want us to do. Property owners and businesses in these community benefit districts would chip in for security or beautification or cultural programs, they tell us.

And Rep. Ann Margaret Ferrante, a Gloucester Democrat, notes the districts won’t be drawn without public input. “This isn’t something that can just be imposed on property owners,” she told Statehouse reporter Christian Wade.

That is, until it is, in fact, imposed on property owners. Then you’d better get out your checkbook.

And never mind the quarterly payment of $1,822 made by the owner of the average single-family home in North Andover, or $1,654 in Amesbury or $1,337 in Salem. This will be extra.

“Block by block they’re coming for taxpayers,” laments Chip Ford, director of Citizens for Limited Taxation. “Will the Legislature next propose also taxing us at the street level, then backyard by backyard? Today such speculation is not so far fetched.”

In November 1980, Massachusetts voters put a stop to this silliness by restraining the annual growth of local property tax collections. There are ways around the limits of Proposition 2˝ if there’s work to be done that isn’t covered by the municipal budget, and that no private group is willing to raise money to accomplish. Communities can vote for debt exclusions or overrides.

But those require something more than a public hearing. They require voters' approval of a referendum — a process that ensures everyone’s input is considered before our property taxes go up.
 

State House News Service
Tuesday, June 12, 2018

No word on surplus, but Heffernan says tax numbers "remain good"
By Michael P. Norton


While tax collections are beating budget benchmarks by $879 million with just one month left in the fiscal year, the word surplus never came up Tuesday as Gov. Charlie Baker's budget chief outlined the revenue side of the state's fiscal picture.

"I keep coming with good news, which is great," Administration and Finance Secretary Michael Heffernan told mayors and other municipal officials attending a meeting with Baker aides. "The numbers remain good. We remain hopeful that we don't give substantial amounts back in June but we won't know until early July so our next meeting will be really interesting."

Over-benchmark sales tax collections are reflective of "strong employment numbers" in Massachusetts, Heffernan said, adding "there are now more job openings than there are people looking for jobs" at the national level.

State officials "really don't have a good feel" for how much of the boost in tax collections in December and January stem from changes in federal tax laws, said Heffernan. Estimated corporate and estimated income tax payments, which are due June 15, are important to the revenue picture this month, he added.

Lawmakers in each of the last two years cited slow growth in tax collections as their reason for not embracing a summer sales tax holiday. The issue remains unresolved on Beacon Hill this year, but is included in a planned ballot question.

The size of any potential surplus for fiscal 2018 is being influenced by a steady stream of midyear spending bills that are being processed on Beacon Hill.


Boston Business Journal
Tuesday, June 12, 2018

Businesses are still waiting for the millionaires’ tax ruling.
Here's what's at stake
By Greg Ryan


When the Massachusetts Supreme Judicial Court met on Feb. 6 to consider the fate of the so-called millionaires’ tax, the stakes were high. If the SJC decided to kill the measure, the state would lose out on billions of dollars in new tax revenue each year for schools and transit. If the SJC upheld the proposal, the owners of thousands of pass-through businesses would be hit with higher taxes, expenses that some of them contend would cause them to shift operations out of state.

Since that blustery winter day, both proponents and opponents of the tax have anxiously awaited word from the SJC. And today, more than four months later, they’re still waiting. And waiting. And waiting.

“We’re surprised... we haven’t gotten a decision yet,” said Rick Lord, president and CEO of Associated Industries of Massachusetts, in an interview last week. Lord, who is one of five people who first asked the SJC back in October to review the proposal, added, “Our attorney at Goodwin Procter thought we would have had this a month ago."

The SJC typically takes a few months following oral arguments to issue its decision in a case. But the lack of a ruling on the millionaires’ tax isn’t a mere annoyance. It’s had practical effects on negotiations surrounding three other ballot measures: a minimum wage hike, paid family and medical leave, and a sales tax cut. Labor groups and their allies, business leaders, and lawmakers have been trying to strike a “grand bargain” in the legislature that would keep the proposals off the November ballot. The proposals’ sponsors must decide once and for all whether to go to the ballot by July 3.

The millionaires’ tax isn’t technically on the table in those talks. (It’s a proposed constitutional amendment, so voters get final approval, not lawmakers.) But it very much looms over the discussions. The SJC’s ruling will likely shift the power dynamics in the contentious negotiations.

If the SJC upholds the tax, it would rattle some business lobbying groups that, based on the judges’ line of questioning in February, believe the SJC is likely to strike down the measure. An unfavorable ruling could lead them to rethink their stance in the negotiations.

But if the SJC kills the millionaires’ tax, it could hand more leverage to the Retailers Association of Massachusetts, since their sales tax cut would then be the only revenue game-changer poised to go to the ballot. “It becomes easier to negotiate something that’s middle of the road” in the event the SJC strikes down the proposal, RAM President Jon Hurst recently told the Business Journal.

For now, the parties to the talks are waiting for the SJC’s sizable shoe to drop. But the talks are incredibly time sensitive. The drop-dead deadline is July 3, but realistically, Raise Up Massachusetts — the sponsor of the millionaires’ tax, minimum wage and paid leave proposals — and business groups would have to reach a compromise sooner than that. Any agreement will need to be drafted into legislation, passed by the House and the Senate, and signed by Gov. Charlie Baker.

Raise Up described the negotiations on minimum wage as “at a standstill” in a letter last week. Raise Up co-chair Lew Finfer said Tuesday, however, that it’s still possible a grand bargain compromise can be reached. A compromise on paid family and medical leave is considered closer to reality.

But the millionaires’ tax remains a key variable. “It’s hard for everyone until they decide on that,” Finfer said.

Raise Up was told by its legal team to expect an SJC ruling in April or May, according to Finfer. Lawmakers have urged the SJC to publish a decision soon, he added.

The SJC has no official deadline to issue a decision, according to a court spokeswoman. It heard its final oral arguments of the term in May, she said.


State House News Service
Tuesday, June 12, 2018

An inside look at hotspots within the 2018 legislative elections
By Katie Lannan


An eight-way race for a district that last elected a new representative in the 1970s. A former lawmaker looking to oust an incumbent and make his return after serving federal time for voter fraud. The Republican treasurer candidate's husband vying to take her place in the House.

Those are just three of the contests that will be on the ballot this fall as all 200 seats in the state Legislature come up for election.

More than 100 lawmakers -- 22 members of the 40-seat Senate and 83 in the 160-seat House of Representatives -- are on track to cruise another term without facing an official challenge, according to data from Secretary of State William Galvin's office.

But the new class of legislators seated in January will also include at least 24 new faces, with 20 representatives and four senators either leaving Beacon Hill during this session or opting against re-election bids. There's an opportunity for more newcomers to join by pursuing the steeper climb of challenging an incumbent, an effort being undertaken in 14 Senate districts and 57 House districts.

Even if all incumbents are re-elected, the nine current vacancies and 15 lawmakers not seeking new terms guarantee that 2019 will feature more legislative turnover than 2017, when 12 new representatives and three new senators joined the body.

On the Senate side, the busiest races are for the two currently open seats, last held by Stanley Rosenberg and Lowell city manager Eileen Donoghue.

Five Democrats, including two Lowell city councilors, and one Republican are in the mix for Donoghue's seat. Northampton Democrat Chelsea Kline is the only candidate on the ballot for Rosenberg's seat, though at least four others have launched write-in campaigns.

Rep. Diana DiZoglio, a Methuen Democrat, is one of two candidates running for the seat Sen. Kathleen O'Connor Ives will leave at the end of her term. Former Sen. Barry Finegold of Andover is among a field of four as he vies to reclaim the seat he gave up to run for treasurer in 2014, now held by Congressional hopeful Sen. Barbara L'Italien.

Three other former lawmakers are seeking to return to the House.

The race for the Lawrence seat now held by Rep. Juana Matias -- who is running, like L'Italien, in the 10-way Democratic primary to succeed U.S. Rep. Niki Tsongas -- will be a rematch between Lawrence Democrats Marcos Devers and William Lantigua, who have both previously held the seat. Devers was unseated by Matias in 2016, and Lantigua resigned in 2010 after facing criticism for his plan to serve as both representative and mayor.

In Everett, one of the two Democrats who have emerged to challenge Rep. Joseph McGonagle is Stephen "Stat" Smith, newly eligible to run again after a five-year period in which he agreed not to seek office as part of a voter fraud sentence.

Smith, who was elected to the House in 2006, pleaded guilty in 2013 to charges connected to obtaining absentee ballots for ineligible voters and in some cases casting ballots for voters without them knowing it.

McGonagle is one of 15 House Democrats facing primary challenges. Three Senate Democrats -- Adam Hinds of Pittsfield, James Welch of West Springfield, and Jason Lewis of Winchester -- have primary opponents, and Lewis also faces a Republican challenge.

Barnstable Rep. Randy Hunt, who also faces a general election opponent, is the only Republican in either branch with a primary challenger. Three House Democrats also face both primary and general election challengers, Reps. Colleen Garry of Dracut, Jerald Parisella of Beverly and Jim Hawkins of Attleboro.

Reps. Susannah Whipps of Athol and Solomon Goldstein-Rose of Amherst, both of whom left their parties this session to become unenrolled, each have Democrat challengers.

Goldstein-Rose, who was elected as a Democrat in 2016 after longtime Rep. Ellen Story retired, will square off against the winner of a primary between Mindy Domb, whom Story has endorsed, and Eric Nakajima, who finished second in the six-way 2016 primary.

House Democrats facing competition from within their own party include a handful who chair committees or hold other leadership positions: House Ways and Means Chair Jeffrey Sanchez and Assistant Vice Chair Liz Malia, both of Jamaica Plain; Assistant Majority Leader Byron Rushing of Boston; Public Health Committee Chair Kate Hogan of Stow; and Mental Health, Substance Use and Recovery Committee Chair Denise Garlick of Needham.

Four Democrats are bidding to unseat the House's longest serving member, Readville Democrat Rep. Angelo Scaccia, who is running for a 23rd term.

There are seven vacancies in the House, including the seats last held by Sens. Brendan Crighton and Nick Collins, Kingston town administrator Tom Calter, U.S. Sen. Ed Markey aide Jim Cantwell, and three lawmakers who died in office: Reps. Peter Kocot, Jim Miceli and Chris Walsh.

Walsh died May 2, a day after the filing deadline for legislative races. The Framingham Democratic Committee on May 20 decided against caucusing to nominate a candidate for Walsh's seat, leaving no names on the ballot and creating an opportunity for write-in campaigns.

The April death of Miceli, who had represented Tewksbury and Wilmington since 1977, set off a scramble to succeed him. Five Democrats, two Republicans and one unenrolled candidate, are now competing for his seat.

Eight candidates, all Democrats, are also in the mix for the seat now held by Worthington Rep. Stephen Kulik.

Kulik and Reps. Frank Smizik, Cory Atkins, Jay Kaufman, James Dwyer and John Scibak are all retiring after this term.

Seven other representatives, including Matias and DiZoglio, are leaving the House to run for other seats: Keiko Orrall (treasurer), Geoff Diehl (U.S. Senate), Kevin Kuros (Worcester register of deeds), Kate Campanale (Worcester register of deeds), and Evandro Carvalho (Suffolk district attorney).

The residents of Orrall's 12th Bristol District -- Bristol, Lakeville and parts of Taunton and Middleborough -- could still end up with a Rep. Orrall next year. Her husband, Lakeville Republican Norman Orrall, is one of two candidates seeking the seat.

Spouses have succeeded each other in the Legislature before. North Attleborough Republican Rep. Elizabeth Poirier won her seat in a 1999 special election after her husband, Kevin Poirier, resigned from the House.

 

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


Citizens for Limited Taxation    PO Box 1147    Marblehead, MA 01945    508-915-3665

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