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CLT UPDATE
Saturday, March 30, 2019

Tax hike schemes bloom on Beacon Hill


A left-of-center advocacy group is lamenting $4.15 billion in what it calls “lost revenue” from incremental decreases in the Massachusetts taxes since the late 1990s.

A report issued by the Massachusetts Budget and Policy Center highlights decreases in personal income tax (from 5.95 percent to 5.05 percent), long-term capital gains tax (from 6 percent to 5.05 percent), and dividend and interest income from stocks and savings accounts (12 percent to 5.05 percent); and an increase in the personal exemption for state income tax (from $2,200 to $4,400 for single filers and from $4,400 to $8,800 for married couples).

“These cuts have played a major role in reducing the revenue available to fund the state budget and, as a consequence, have severely limited the capacity to fund essential services in the Commonwealth,” the report says.

The New Boston Post
Thursday, March 28, 2019
Tax Cuts in Massachusetts Have Led To $4 Billion-Plus in ‘Lost Revenue,’
Liberal Group Says


Senate Democrats are close to rolling out detailed plans for a working group to be led Sen. Adam Hinds of Pittsfield that will look at the state's tax code. Senate President Karen Spilka has been talking about an examination of the tax code since she was sworn in as president in January, and the Boston Globe reported on Tuesday that the effort could take as long as two years.

Spilka's office, however, said that the working group "does not preclude making decisions about the various revenue proposals that may come up this session," and DeLeo said he did not think that the Senate's study would impact decisions on revenue his year....

[House Speaker Robert] DeLeo has also left the door open to new revenue streams this year, and invited the business community to come to him with tax ideas that it could support to invest in public transit improvement, traffic mitigation and education.

The speaker, however, said Wednesday that it's his opinion that the Joint Committee on Revenue, co-chaired in the House by Rep. Mark Cusack, should be the group tasked with vetting the tax code and revenue proposals.

"I congratulate the Senate president for looking at this issue. I think it's an important issue to look at. I think our means are probably just a little bit different in terms of how we go about it," DeLeo said.

State House News Service
Wednesday, March 27, 2019
House, Senate differ on approach to tax policy


As calls multiply for money to address the state’s transportation and education needs, Senate President Karen E. Spilka is taking some initial steps to examine the tax system — a process that could ultimately find new ways to bring in more cash.

Spilka is launching a group of policy makers, academics, and business specialists from across the political spectrum who will be charged with taking what she calls “a good long hard look at our tax code.” Spilka and Senator Adam Hinds, chairman of the revenue committee, said they want the group to generate ideas that not only would better provide for the state’s policy priorities but also ensure wealthier citizens pay their fair share.

“We must create a more progressive tax framework that reflects the remarkable changes we have seen in the ways we live, work, and shop, and which embraces our ability to innovate well into the 21st century,” Spilka said....

While Spilka was coy on whether the effort is geared toward raising taxes, that is certainly the topic on many policy makers’ and activists’ minds, with the state grappling with expensive problems ranging from school spending inequality to climate change to a dilapidated public transportation system. And by including key constituencies at the table the working group format could help create consensus on a topic the Legislature has been reluctant to tackle in recent years....

Jim Stergios, executive director of the libertarian-leaning Pioneer Institute, noted that over the past five years state revenue growth has often fallen short of expectations; it is also not as robust as it was when the Legislature first introduced the current school funding formula, he said.

“It would be foolish to bank on the same kind of revenue generation from economic growth that we had in the past simply because it has not materialized in the past five years,” he said, “and to think that somehow magically we’re going to sprout all these shoots of revenues . . . I think is probably reckless.”

The Boston Globe
Wednesday, March 27, 2019
Lawmakers will examine state’s taxes — including new revenue


Spilka has been talking about a tax code working group since early January, but it appears now it's close to coming to fruition.

Officials told the Globe that the effort, which will be led by Sen. Adam Hinds, could take up to two years to complete, but Spilka's office followed up to make clear that the working group's existence doesn't foreclosure the possibility of Senate leaders pursuing new revenue proposals this year.

Reading between the lines, it would seem that Spilka is saying that the Senate may be ready to embrace some of the governor's tax proposals, like an excise tax on vaping products, or even come out with some of its own. But anyone hoping to see Spilka to roll out some Deval Patrick-esque reconfiguring of income or corporate tax rates may have to wait.

The more imminent tax debate, in fact, is likely to start, or end, with the House next month when Michlewitz releases his first budget plan as Ways and Means chair. "We're still looking at it," the North End Democrat said about taxes this week, leaving a meeting with legislative leadership and the governor on Monday.

DeLeo has in recent weeks challenged business leaders like Greater Boston Chamber of Commerce President Jim Rooney to come to him with revenue ideas that employers could support, and he has no plan to sign up any of his members to take part in Sen. Hinds' exploration of the tax code.

State House News Service
Friday, March 29, 2019
Weekly Roundup - Low-Hanging Fruit


BUDGET HEARINGS WRAP UP - The House Ways and Means Committee is only about two weeks from releasing its fiscal 2020 budget and lawmakers still have yet to formally hear from anyone about the spending plan other than the Baker administration and municipal government officials. Everyone else will finally get an opportunity, usually under strictly enforced time limitations, on Tuesday as the Joint Ways and Means Committee wraps up its annual budget hearings by taking testimony from the public (Tuesday, 11 a.m., Gardner Auditorium) ....

JUDICIARY COMMITTEE - CONSTITUTIONAL AMENDMENTS: Judiciary Committee will convene a hearing on constitutional amendments, including a Rep. Mindy Domb proposal (H 80) striking the word "he" in every instance in the constitution and replacing it with "they," a Rep. Thomas Golden measure (H 82) to impose seven-year renewable term limits upon judges, a Rep. Bradley Jones bill (H 83) prohibiting eminent domain takings, a Sen. Cynthia Creem proposal (S 14) banning amendments that restrict "freedom and equality," and a Rep. Paul Mark proposal (H 84) requiring the governor to nominate a lieutenant governor, subject to confirmation by the House and Senate, whenever that office becomes vacant. Full Agenda (Tuesday, 1 p.m., Room A-1)

State House News Service
Friday, March 29, 2019
Advances - Week of March 31, 2019


Sounding an alarm bell over potential health impacts, the American Academy of Pediatrics and the American Heart Association issued a series of recommendations, including raising prices of sugary drinks through an excise tax, with revenues dedicated "in part toward reducing health and socioeconomic disparities."

The pediatricians group said the policy statement marks the first time it has recommended taxing sugary drinks....

On Beacon Hill, lawmakers have offered a pair of proposals that take aim at kids' consumption of sugary beverages and align with the Academy of Pediatrics/Heart Association recommendation.

Sen. Jason Lewis, Rep. Kay Khan and Rep. Jon Santiago have filed bills that would impose an excise tax on sugary drinks, with the tax increasing along with the sugar content.

Under the bills (S 1709, H 2529), beverages with 7.5 grams of sugar or less per 12 fluid ounces would not be taxed, and those with 30 grams of sugar or more per 12 fluid ounces would be taxed at a rate of 2 cents per ounce. Drinks that fall in between those two sugar levels would be taxed 1 cent per ounce.

The tax is "based around the same idea of how we tax tobacco," Perron said, and would generate somewhere between $280 million and $320 million a year in revenue.

State House News Service
Thursday, March 28, 2019
Tax, marketing restrictions eyed to reduce soda consumption


Philadelphia fought all the way to the Pennsylvania Supreme Court last summer to keep its soda tax. But primary elections are in May, and Democrats fighting to keep their City Council seats are having second thoughts. Other cities can learn from this spectacle of regret.

Councilwoman Maria Quiñones Sánchez this month proposed to either slash the 1.5-cent-per-ounce tax or phase it out. And this month the City Council voted to conduct a study to show the economic consequences of the tax. Councilwoman Cherelle Parker, who faces two challengers, complained that soda-tax proponents like herself are now under "an insurmountable amount of heat” and described the study as “political weaponry.”

Any wounds will be self-inflicted, but Ms. Parker is right to fear the findings....

The tax burden has disproportionately fallen on poor Philadelphians. Proponents claim the levy isn’t regressive because it taxes distribution, not sales, but customers ultimately swallow the added costs with every gulp.

Then there’s the toll on retail employees. Many Philadelphians have avoided the soda tax by buying groceries outside the city limit. A ShopRite supermarket near the West Philly borderline was forced to close on March 14 after sales plunged 23% since the tax took effect on Jan. 1, 2017. Brown’s Super Stores CEO Jeff Brown, who owned seven stores in Philadelphia, says the soda tax has forced him to eliminate more than 300 jobs through attrition. Before the levy his ShopRites were known for hiring workers with criminal records, but now those vulnerable job seekers have fewer opportunities.

The soda tax has also failed to create incentives for consumers to choose healthier drinks. Researchers from Stanford, Northwestern and the University of Minnesota studied Philadelphia’s soda tax and concluded earlier this year that it “does not lead to a shift in consumption towards healthier products” and had delivered "no significant reduction in calorie and sugar intake.” In 2017 the Tax Foundation discovered that in some cases Philadelphia's tax had made beer cheaper than soda....

Some 59% of Philadelphians now oppose the tax, according to a poll of likely Democratic primary voters last month by the American Beverage Association. No wonder Democratic City Councillors are nervous.

The Wall Street Journal
Thursday, March 28, 2019
OPINION | REVIEW & OUTLOOK
Soda Tax Fizz Out
Philly politicians up for re-election have some regrets about the levy.


Chip Ford's CLT Commentary

"A report issued by the Massachusetts Budget and Policy Center highlights decreases in personal income tax (from 5.95 percent to 5.05 percent) . . . 'These cuts have played a major role in reducing the revenue available to fund the state budget and, as a consequence, have severely limited the capacity to fund essential services in the Commonwealth,' the report says."

In the CLT Update of February 28 ("A billion here, a billion there") I revisited the history and background of the loudest voice of The Takers coalition.  If ever there was an example of More Is Never Enough (MINE) this is it.  Founded in 1987 as the Tax Equity Alliance for Massachusetts (TEAM) it was the taxpayers and CLT's greatest nemesis.  Headed for over a decade by its executive director, Jim Braude, he and Barbara Anderson traveled around the state for years as vehement political opponents in spirited frequent debates before large audiences of citizens, and appeared on countless TV face-offs.  The Gimme Lobby's lead advocate group for higher and more taxes morphed into the Massachusetts Budget and Policy Center in 2002 after we'd doggedly and successfully rebranded TEAM "Tax Everything And More."

Its name has changed but its policies haven't wavered an iota.

In mentioning Barbara Anderson I'm reminded that Monday, April 8th will mark the third anniversary of her passing, at 2:40 PM.  If you think of it, stop for a moment and reflect on her life, her mission, and her indefatigable spirit – on how much she gave for and to the taxpayers of Massachusetts over the last three and a half decades of her life.

The Salem News
Editorial Cartoon by Christopher Smigliano
April 13, 2016


Whether responding to the insatiable Takers' call for ever more "revenue" and spending – meaning taking more from productive, hard-working, already overburdened taxpayers and giving it to others – or simply motivated by its own relentless greed and sense of superiority, the schemes for more and higher taxes on Bacon Hill are in full spring bloom.  We need to start building a spreadsheet to keep up with the myriad of schemes – the ones being floated, the ones announced, and those yet to come.

The new Senate president, Karen Spilka, is forming a "working group" tasked with rewriting the entire state tax code.  House Speaker-for-Life Bob DeLeo doesn't think that's necessary – he assured them that his Revenue Committee (until a few years ago called the Taxation Committee) is perfectly capable of hiking taxes on its own.

One of the crazy ideas that was promoted on Beacon Hill this week is a tax on "sugary drinks" – in other places known as a "soda tax."  They need to stick it to everyone "for the children" don'cha know.  As worn-out a cliché as it has become – more like a bad joke – does doing radical, unpopular things "for the children" still work, anywhere, for anything?

The we-know-what's-best nannies of the Philadelphia city council imposed this revenue scam on its residents in 2017.  After recently assessing the repercussions and failures of its alleged goals – and with their reelection chances dimming – the Philadelphia city council is now looking to repeal its disaster, quickly.

Never to learn from the mistakes of others, again the Massachusetts Legislature is looking to bolster its New Hampshire Economic Stimulus Program.

Chip Ford
Executive Director


 

The New Boston Post
Thursday, March 28, 2019

Tax Cuts in Massachusetts Have Led To $4 Billion-Plus in ‘Lost Revenue,’ Liberal Group Says


A left-of-center advocacy group is lamenting $4.15 billion in what it calls “lost revenue” from incremental decreases in the Massachusetts taxes since the late 1990s.

A report issued by the Massachusetts Budget and Policy Center highlights decreases in personal income tax (from 5.95 percent to 5.05 percent), long-term capital gains tax (from 6 percent to 5.05 percent), and dividend and interest income from stocks and savings accounts (12 percent to 5.05 percent); and an increase in the personal exemption for state income tax (from $2,200 to $4,400 for single filers and from $4,400 to $8,800 for married couples).

“These cuts have played a major role in reducing the revenue available to fund the state budget and, as a consequence, have severely limited the capacity to fund essential services in the Commonwealth,” the report says.

The essential services the report highlights are spending for public schools and transportation, which are the same services that were targeted in the failed attempt last year to bring to the voters a proposed 4 percent surtax on incomes of $1 million or more.

The report finds that the top 20 percent of earners in Massachusetts have benefited from 67 percent of the tax decreases since 1998, which the author finds unfair.

“Reviewing and reversing these rate cuts is just one example of the many opportunities to raise new revenue in ways that also can help turn our upside-down tax system right-side up,” said Marie-Frances Rivera, president of the Massachusetts Budget and Policy Center, in a written statement.

Supporters of tax decreases argue that they increase freedom and play a major role in recent growth and prosperity in Massachusetts.


State House News Service
Wednesday, March 27, 2019

House, Senate differ on approach to tax policy
By Matt Murphy

With the Senate slowly gearing up for a long-term exploration of the state tax system, House Speaker Robert DeLeo on Wednesday said the House was unlikely to participate in the exercise, and Gov. Charlie Baker said he remains opposed to "broad-based" tax increases.

Senate Democrats are close to rolling out detailed plans for a working group to be led Sen. Adam Hinds of Pittsfield that will look at the state's tax code. Senate President Karen Spilka has been talking about an examination of the tax code since she was sworn in as president in January, and the Boston Globe reported on Tuesday that the effort could take as long as two years.

Spilka's office, however, said that the working group "does not preclude making decisions about the various revenue proposals that may come up this session," and DeLeo said he did not think that the Senate's study would impact decisions on revenue his year.

"I think the Senate president said she thought this process would take awhile, which says to me she and her team are going to do what I would describe as a thorough review of this, but we do not come at this from the point of view that Massachusetts needs to raise taxes," Baker told reporters on Wednesday.

The Republican governor has resisted turning to revenue generators like the sales or incomes taxes -- both broad-based taxes -- to generate new money for priority programs, but has presented a budget and legislation this year that would raise money through new or increased taxes on real estates transfers, opioid sales and vaping products to pay for climate change adaptation and substance abuse prevention.

He said he didn't know what Spilka's working group might mean for tax proposals this session.

"I'm going to give the Senate president the benefit of the doubt and assume that her objective here is to take a look at the tax code based on the fact that we're now living in a 21st century economy, but we've said before that we think we should not be raising broad-based taxes," Baker said.

DeLeo has also left the door open to new revenue streams this year, and invited the business community to come to him with tax ideas that it could support to invest in public transit improvement, traffic mitigation and education.

The speaker, however, said Wednesday that it's his opinion that the Joint Committee on Revenue, co-chaired in the House by Rep. Mark Cusack, should be the group tasked with vetting the tax code and revenue proposals.

"I congratulate the Senate president for looking at this issue. I think it's an important issue to look at. I think our means are probably just a little bit different in terms of how we go about it," DeLeo said.

The speaker also said that Spilka has told him personally that her objective with the tax working group is not to lay the groundwork for a major tax hike in two years, but to look at ways to "modernize" the tax code and make it "more equitable."

"There's nothing to be read into this in terms of what the future may hold," he said.

Sen. Adam Hinds, the co-chair of the Revenue Committee, will lead the working group.

He could not be reached for comment on Wednesday, but he told the Globe that membership will likely include representatives from Associated Industries of Massachusetts, the Massachusetts Business Roundtable, chambers of commerce, think tanks like the Massachusetts Budget and Policy Center and Raise Up Massachusetts, which was behind last year's "millionaires tax" proposal.

Sen. Jamie Eldridge, the leader of the Senate Progressives Caucus, said he was "encouraged" to see Spilka following through with the tax reform working group.

"I'm certainly hearing more and more calls from not just my colleagues, but municipal officials and business that we need to raise significant revenue to fix the transportation system, to figure out how we're going to fund the foundation budget commission recommendations and things like climate change," Eldridge said.

Eldridge, however, said he did think it was critical for the Legislature to agree to some new revenue this year, and told Senate Ways and Means Chairman Michael Rodrigues in a recent budget meeting that he would be advocating and voting for that.

"I think that things have really changed in the last couple of years and I hope that means we're not just going to wait for the millionaires tax to pass in four years at the ballot but the Legislature will have the will to pass significant revenue and my preference is progressive revenue, taxing the wealthy and closing corporate tax loopholes," the Acton Democrat said.

Taxes aren't the only issue the Senate plans to explore this session with working groups operating outside the traditional joint committee structure with the House, according to several members of staff and senators.

Sen. Joseph Boncore, a Winthrop Democrat and the co-chair of the Transportation Committee, is working on putting together a transportation working group that could be announced in the next couple weeks that is expected to look at both policy and financing options.

Sen. Julian Cyr is also pulling together a group that will include outside stakeholders to review the state's mental health system and gaps in access and care that could be addressed. The Truro Democrat is chairing the Joint Committee on Mental Health, Substance Use and Recovery this session.


The Boston Globe
Wednesday, March 27, 2019

Lawmakers will examine state’s taxes — including new revenue
By Victoria McGrane


As calls multiply for money to address the state’s transportation and education needs, Senate President Karen E. Spilka is taking some initial steps to examine the tax system — a process that could ultimately find new ways to bring in more cash.

Spilka is launching a group of policy makers, academics, and business specialists from across the political spectrum who will be charged with taking what she calls “a good long hard look at our tax code.” Spilka and Senator Adam Hinds, chairman of the revenue committee, said they want the group to generate ideas that not only would better provide for the state’s policy priorities but also ensure wealthier citizens pay their fair share.

“We must create a more progressive tax framework that reflects the remarkable changes we have seen in the ways we live, work, and shop, and which embraces our ability to innovate well into the 21st century,” Spilka said.

The working group will be formally announced in the coming weeks and could take as long as two years to produce a set of recommendations.

Spilka said the idea grew out of her work on legislation that grappled with the state’s changing economy, including a 2016 law regulating ride-hailing firms Uber and Lyft.

“We are in a new economy right now where new industries are being developed all the time, and we are behind the curve, and there’s been no talk about being more proactive” in figuring out how to both capture revenue generated by these industries but also set appropriate guidelines to improve “the economic development and the job creation” that comes with them, Spilka said in an interview.

Other major goals include adjusting the tax code to address the state’s income inequality, which ranks among the worst in the country, and to “make sure we can meet the number of competing needs which are all demanding our attention, especially that of access to a quality public education for all of our children, as well as transportation, housing, and climate change,” Spilka said.

Asked if the working group meant lawmakers were looking for tax increases, Spilka said not necessarily. She characterized it instead as a way to modernize the state’s tax code “to better capture the new economy.” That could “probably” involve identifying new sources of revenue, Spilka said, but it could also mean lessening the tax burden elsewhere.

“I don’t have a preconceived notion as to how this will come out, but I know we can do better,” she said, noting that the group may work throughout the two-year legislative session so they can be “thorough” in their examination.

While Spilka was coy on whether the effort is geared toward raising taxes, that is certainly the topic on many policy makers’ and activists’ minds, with the state grappling with expensive problems ranging from school spending inequality to climate change to a dilapidated public transportation system. And by including key constituencies at the table the working group format could help create consensus on a topic the Legislature has been reluctant to tackle in recent years.

Of course, the usefulness of the exercise could dim if the House leadership does not sign on to the effort — which the Senate has pitched as a joint undertaking. Spilka said that she has raised it with House Speaker Robert DeLeo and that he is thinking about it. “We will see, but we will go forward nonetheless,” she said.

A spokeswoman for DeLeo referred questions to Representative Mark Cusack of Braintree, the House chairman of the Revenue Committee, who indicated he wants a House-Senate legislative panel to decide tax policy.

“We have a working group. It’s called the Joint Committee on Revenue,” Cusack said. “That’s where the conversation should be taking place.”

Cusack said one option could be to create a subcommittee within the joint committee to tackle the tax code question, as well as hold hearings on the topic.

But Spilka and Hinds plan to move forward with their own group. The Department of Revenue will support its work but not participate directly, according to Hinds, and a spokesperson for the agency said they would “provide information upon request.”

About a dozen participants have signed on to the group so far, Hinds said. Members include representatives from Associated Industries of Massachusetts, the state’s largest employer group, the Massachusetts Business Roundtable, and chambers of commerce from the cities of Worcester and Springfield; left-leaning groups such as the Massachusetts Budget and Policy Center, a think tank, and Raise Up Massachusetts, a coalition of community, religious, and labor organizations.

While the Senate working group is still getting off the ground, local lawmakers and policy specialists have pitched some of their own ideas to generate revenue.

A proposed tax on earnings of more than $1 million is still on the table, even though a ballot initiative was ruled unconstitutional by the courts last year. State lawmakers have introduced legislation that is identical to the ballot question.

It would amend the state constitution to impose a 4 percent surtax on people who earn more than $1 million a year, generating an estimated $2 billion a year in new revenue. But the constitutional amendment process means that, if approved, cash wouldn’t start flowing into state coffers until 2023 at the earliest.

The Massachusetts Budget and Policy Center has suggested a few other ways to make higher earners pay more, without the constitutional headaches: Raise the state’s 5.05 percent income tax for everyone — but also increase the exemptions and credits that go to middle- and low-income households, such as the automatic personal exemption, the $1,000 exemption for each dependent, and the state Earned Income Tax Credit for low-income households.

Other ideas from the groupinclude higher taxes on investment income; raising the state’s estate tax; and revamping the corporate tax code.

There has been mounting frustration with the lack of leadership shown by lawmakers on Beacon Hill when it comes to finding money to address pressing policy problems. One recent instance: Massachusetts Bay Transportation Authority officials criticized lawmakers for complaining about a just-approved fare hike but failing to do anything themselves to address the state’s transportation demands.

Education is another area where lawmakers have yet to address how they would pay for ambitious plans to rewrite the state’s troubled education formula.

Behind the scenes some lawmakers are arguing that additional spending on education can be phased in slowly, forgoing the need for new taxes.

But that approach is raising doubts among some observers.

Jim Stergios, executive director of the libertarian-leaning Pioneer Institute, noted that over the past five years state revenue growth has often fallen short of expectations; it is also not as robust as it was when the Legislature first introduced the current school funding formula, he said.

“It would be foolish to bank on the same kind of revenue generation from economic growth that we had in the past simply because it has not materialized in the past five years,” he said, “and to think that somehow magically we’re going to sprout all these shoots of revenues . . . I think is probably reckless.”


State House News Service
Friday, March 29, 2019

Weekly Roundup - Low-Hanging Fruit
By Matt Murphy


. . . Spilka has been talking about a tax code working group since early January, but it appears now it's close to coming to fruition.

Officials told the Globe that the effort, which will be led by Sen. Adam Hinds, could take up to two years to complete, but Spilka's office followed up to make clear that the working group's existence doesn't foreclosure the possibility of Senate leaders pursuing new revenue proposals this year.

Reading between the lines, it would seem that Spilka is saying that the Senate may be ready to embrace some of the governor's tax proposals, like an excise tax on vaping products, or even come out with some of its own. But anyone hoping to see Spilka to roll out some Deval Patrick-esque reconfiguring of income or corporate tax rates may have to wait.

The more imminent tax debate, in fact, is likely to start, or end, with the House next month when Michlewitz releases his first budget plan as Ways and Means chair. "We're still looking at it," the North End Democrat said about taxes this week, leaving a meeting with legislative leadership and the governor on Monday.

DeLeo has in recent weeks challenged business leaders like Greater Boston Chamber of Commerce President Jim Rooney to come to him with revenue ideas that employers could support, and he has no plan to sign up any of his members to take part in Sen. Hinds' exploration of the tax code.

Instead, DeLeo suggested that's what the Joint Committee on Revenue is there for.

He probably won't be super thrilled, then, when the Senate also rolls out its working group on transportation and its working group on mental health. Those side projects are in the works, and could be seen as a further circumvention of the joint legislative committees already set up to study major policy challenges.

"I congratulate the Senate president for looking at this issue. I think it's an important issue to look at. I think our means are probably just a little bit different in terms of how we go about it," DeLeo said.

As a sidenote, legislative rules don't appear to speak to transparency requirements for working groups.

Whatever the House chooses to do or not do with regard to taxes in its budget will establish a guardrail for the tax debate this session, with the promise of the millionaires tax continuing to float in the horizon.

The Revenue Committee has scheduled an April 11 hearing on the newest constitutional amendment proposal to tax the wealthy to pay for education and transportation improvements.

But all in due time.

More immediately, the House and Senate this week also wrapped up behind the scenes negotiations over a $136 million mid-year budget bill to pay some bills, boost funding for some programs and offset cuts in federal low-income home energy assistance.

The compromise excluded a proposal from the House to allow legislative caucuses to raise private money and store it in a caucus trust fund, but Michlewitz said the House is still working with counsel to figure out if caucuses – groups of lawmakers with similar interests – can raise money without the trust fund legislation.

The budget bill is also on the governor's desk now, and could be joined early next week by bills to lift the family cap on children that qualify for welfare benefits and to ban gay conversion therapy.

Baker has said he's "inclined to support" the conversion therapy ban, but he's been coy about how he'll respond to the welfare cap repeal, which has has wanted to see conjoined to other welfare reforms that legislative Democrats want no part of.

He vetoed the welfare cap last year, but after the Senate voted 37-1 this week in favor of repeal it's clear that Democratic leaders have both the votes and the time to override a Baker veto if it comes.


State House News Service
Thursday, March 28, 2019

Tax, marketing restrictions eyed to reduce soda consumption
By Katie Lannan

The average child consumes enough sugary drinks each year to fill a bathtub -- more than 30 gallons -- according to two organizations that this week recommended a suite of policy options aimed at reducing kids' access to such beverages and encouraging healthier alternatives.

Sounding an alarm bell over potential health impacts, the American Academy of Pediatrics and the American Heart Association issued a series of recommendations, including raising prices of sugary drinks through an excise tax, with revenues dedicated "in part toward reducing health and socioeconomic disparities."

The pediatricians group said the policy statement marks the first time it has recommended taxing sugary drinks. Other recommendations include efforts to decrease sugary drink marketing to children and teens and making healthier drinks like water and milk the default option on children's menus and vending machines.

"We're probably on sugary drinks where we were 20 years ago on tobacco, where people are still not 100 percent convinced that there's a problem," Allyson Perron of the American Heart Association told the News Service. "More and more things are coming out -- the high rates of young children with diabetes and heart disease and really unhealthy weights. We have kids that have high cholesterol when they're in elementary school, we're seeing an increase in cases of heart disease and stroke in the young, and part of that is the unhealthy diet."

On Beacon Hill, lawmakers have offered a pair of proposals that take aim at kids' consumption of sugary beverages and align with the Academy of Pediatrics/Heart Association recommendation.

Sen. Jason Lewis, Rep. Kay Khan and Rep. Jon Santiago have filed bills that would impose an excise tax on sugary drinks, with the tax increasing along with the sugar content.

Under the bills (S 1709, H 2529), beverages with 7.5 grams of sugar or less per 12 fluid ounces would not be taxed, and those with 30 grams of sugar or more per 12 fluid ounces would be taxed at a rate of 2 cents per ounce. Drinks that fall in between those two sugar levels would be taxed 1 cent per ounce.

The tax is "based around the same idea of how we tax tobacco," Perron said, and would generate somewhere between $280 million and $320 million a year in revenue.

The same three lawmakers have also filed bills (S 1291, H 1947) that would take steps aimed at reducing youths' access and exposure to sugary drinks.

The legislation would ban the marketing of sugary drinks in schools -- ads on scoreboards, for example -- and require that advertisements for sugary drinks carry a label stating, "WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay."

It would also require that the "default beverage" in any chain restaurant's children's meal be water, sparkling water, flavored water, 100 percent juice with no added sweeteners, or milk. Customers could still request an alternative beverage.

No state has imposed a sugary drinks tax, but a handful of cities have done so, including Oakland, Berkeley and San Francisco, California; Boulder, Colorado; Philadelphia, Pennsylvania; and Seattle, Washington.

With supporters of taxing sugary drinks hoping the pediatricians' input buoys their efforts, advocates are also separately calling on lawmakers to raise the cigarette tax.

Cancer patents, survivors and their families on Thursday visited the State House as part of a Cancer Action Network lobby day, asking legislators to include a $1 per pack increase in the cigarette tax in this year's budget. The group is also asking for the cigar tax to be increased to 80 percent of wholesale.

The state excise tax on cigars and smoking tobacco is currently 40 percent of the wholesale price, and cigarettes are taxed at $3.51 per pack of 20.

In his budget, Gov. Charlie Baker recommended extending the tobacco tax to vaping products and e-cigarettes.


The Wall Street Journal
Thursday, March 28, 2019

OPINION
REVIEW & OUTLOOK

Soda Tax Fizz Out
Philly politicians up for re-election have some regrets about the levy.


Philadelphia fought all the way to the Pennsylvania Supreme Court last summer to keep its soda tax. But primary elections are in May, and Democrats fighting to keep their City Council seats are having second thoughts. Other cities can learn from this spectacle of regret.

Councilwoman Maria Quiñones Sánchez this month proposed to either slash the 1.5-cent-per-ounce tax or phase it out. And this month the City Council voted to conduct a study to show the economic consequences of the tax. Councilwoman Cherelle Parker, who faces two challengers, complained that soda-tax proponents like herself are now under "an insurmountable amount of heat” and described the study as “political weaponry.”

Any wounds will be self-inflicted, but Ms. Parker is right to fear the findings. The soda tax is destructive and was even intended as an act of revenge, according to a January criminal indictment.

Prosecutors say John “Johnny Doc” Dougherty, business manager of International Brotherhood of Electrical Workers Local 98, was displeased with Teamsters political ads that criticized him. So the labor boss allegedly pushed City Councilman Bobby Henon, who was on the union payroll, to support a soda tax and boasted that the policy “will cost the Teamsters 100 jobs in Philly.” Messrs. Dougherty and Henon deny wrongdoing. But a Teamsters Local 830 official says the number of job casualties among its members has been even higher.

The tax burden has disproportionately fallen on poor Philadelphians. Proponents claim the levy isn’t regressive because it taxes distribution, not sales, but customers ultimately swallow the added costs with every gulp.

Then there’s the toll on retail employees. Many Philadelphians have avoided the soda tax by buying groceries outside the city limit. A ShopRite supermarket near the West Philly borderline was forced to close on March 14 after sales plunged 23% since the tax took effect on Jan. 1, 2017. Brown’s Super Stores CEO Jeff Brown, who owned seven stores in Philadelphia, says the soda tax has forced him to eliminate more than 300 jobs through attrition. Before the levy his ShopRites were known for hiring workers with criminal records, but now those vulnerable job seekers have fewer opportunities.

The soda tax has also failed to create incentives for consumers to choose healthier drinks. Researchers from Stanford, Northwestern and the University of Minnesota studied Philadelphia’s soda tax and concluded earlier this year that it “does not lead to a shift in consumption towards healthier products” and had delivered "no significant reduction in calorie and sugar intake.” In 2017 the Tax Foundation discovered that in some cases Philadelphia's tax had made beer cheaper than soda.

Mayor Jim Kenney, a soda tax backer, pitched it as a way to fund pre-K. Between Jan. 1, 2017, and Dec. 31, 2018, the tax brought in more than $149 million in revenue, but only $38.2 million went to Pre-K, according to Philadelphia’s controller. More than $106.4 million sits in the city’s general fund.

Some 59% of Philadelphians now oppose the tax, according to a poll of likely Democratic primary voters last month by the American Beverage Association. No wonder Democratic City Councillors are nervous.

 

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