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CLT UPDATE
Friday, April 5, 2019

“They’ve gone over the edge”


Regular Democrats are on the verge of losing their long-standing control of the Massachusetts Legislature.

No, it will not be to the Republicans, who don’t count for much at the State House, either in the 160-member House or in the 40-member Senate. Republicans in the Legislature are all but irrelevant. The loss will be to the growing number of progressive Democrats who are to the far left of the regular liberal/moderate leadership of House Speaker Robert DeLeo and his Democratic predecessors.

The changeover has already taken place in the Senate where Senate President Karen Spilka, the progressive leader, rules. While there are 34 Democrats to six Republicans in the senate, 18 of those Democrats belong to the Progressive Caucus.

Led by leftist Sen. Jamie Eldridge of Acton, progressives would make Massachusetts a sanctuary state for illegal immigrants, grant them driver’s licenses, allow people to identify as X rather than M or F on their license, curtail ICE’s practice of rounding up criminal illegal immigrants, increase taxes, especially on millionaires, and, among other things, provide for single payer health care.

“They’ve gone over the edge,” one top House regular Democrat said.

While DeLeo has been able to kill some of the progressive ideas and bills — like barring police officials from cooperating with ICE to detain criminal illegal immigrants — he is fighting a losing battle. While DeLeo and the regular Democrats still control the House, inroads by progressive Democrats indicate that they will soon be taking over.

There are 127 Democrats in the 160 member House to 32 Republicans. There is one Independent. However, 60 of those Democrats are members of the House Progressive Caucus, which is committed to “promoting social, economic and environmental justice for all people of the Commonwealth.”

The House Progressive Caucus is headed by Reps. Tricia Farley-Bouvier of Pittsfield and Jack Patrick Lewis of Framingham....

House leaders and veteran State House observers view Spilka’s move as part of the progressive takeover of the Legislature, and they are right.

What was once a political battle between the Democrats and Republicans ended a long time ago. Now the battle is between the progressive and moderate Democrats, and the progressives are winning.

The Boston Herald
Wednesday, April 3, 2019
Progressives wresting control from moderate Bay State Dems
By Peter Lucas


Rep. Liz Miranda "never believed" that her first week as a state lawmaker in January would involve working on two constituent cases involving Immigration and Customs Enforcement, she said Wednesday....

Miranda is one the lead sponsors of a bill referred to as the Safe Communities Act, which supporters say protects immigrants' due process rights. It would also bar local police and court officers from inquiring about someone's immigration status, and limit their ability to notify ICE about someone's impending release from custody.

The Safe Communities Act (H 3573/S 1401) is one of 16 bills Progressive Massachusetts lists as priorities for this session.

Miranda was one of four lawmakers to speak at the lobby day, along with Sens. Sonia Chang-Diaz and Jamie Eldridge and Rep. Lindsay Sabadosa.

Eldridge, who chairs the 18-member Senate Progressive Caucus, said the speaking lineup was a "perfect highlight," with two new representatives and two senators elected 11 years ago.

"That's really when we formed the Senate Progressive Caucus to really move the Senate much further to the left than where it was," he said. "It was a fairly moderate body back then, and to see new legislators like Liz Miranda, like Lindsay Sabadosa, like Tami Gouveia, like Nika Elugardo, in this first-year class is incredibly exciting."

State House News Service
Wednesday, April 3, 2019
Progressives tout Safe Communities Act, other priorities


Explaining to her colleagues how she came to propose two amendments to the Massachusetts Constitution in her first 15 days as a lawmaker, Rep. Mindy Domb on Tuesday said filing legislation "can sometimes be like pulling a string on a sweater."

Domb testified before the Judiciary Committee on two amendments she's filed, including one dealing with lawmakers' oaths of office and another that would replace the word "he" with the gender-neutral pronoun "they" in instances where the constitution is not specifically referring to men.

"For me, it's really about making sure that the constitution is as inclusive a document as we can make it," the first-term Amherst Democrat said. "It says 'he.' It doesn't mean 'he.' It doesn't mean only men. There are lots of women who are in office. It means all of us, and we need to make sure that the document says that so that all of us and all of our kids can see themselves in this constitution." ...

Her second amendment (H 81) would give anyone taking an oath the option to swear or affirm it, and replace the word "he" in that section with "they."

Once she took that step in one area, Domb said, "It felt almost like we had to address the other times in the constitution where it also says 'he' but doesn't only refer to men."

Sen. Jamie Eldridge, the Judiciary Committee's Senate chair, told Domb he wanted to commend her for her testimony.

"Just in your first few months in the Legislature, you put in an incredible amount of thought into the problem and the challenge, your vision, and drafting these two pieces of legislation," he said.

State House News Service
Tuesday, April 2, 2019
Freshwoman lawmaker looking to make constitution's verbiage more "inclusive"


A freshman state representative wants to strike the word “he” entirely from the Massachusetts Constitution, substituting “they” in an effort to make the 239-year-old document gender-neutral — but critics say the Legislature has more important work to do....

There are likely no legal implications to the change, constitutional lawyer Harvey Silverglate said — but he also called it “meaningless and unnecessary.”

The Boston Herald
Wednesday, April 3, 2019
Amendment proposed to make state constitution ‘gender inclusive’


The state's budget revenue shortfall has disappeared after $2.67 billion in taxes were collected in March putting Massachusetts $19 million above the estimates used to build the state's current $41 billion budget.

The tax collections in March exceeded projections by $316 million, or 13.4 percent, and were 19 percent higher than the same month last year....

Income taxes beat estimates in March by $86 million and corporate taxes were $226 million higher than the benchmark, according to the Department of Revenue.

State House News Service
Wednesday, April 3, 2019
Budget back in black as tax refunds in March fall from 2018


An anti-tax organization took aim at state Democrats Monday after the party’s leadership floated the possibility of a gas tax hike, a move tried once and overturned by voters five years ago.

“Beacon Hill does what it wants,” said Holly Robichaud, a member of the Massachusetts Taxpayers Best Ally political action committee. “Beacon Hill doesn’t listen to the people. It’s very disappointing that not one Democrat, when asked, was willing to support the will of the people.”

The Legislature upped the gas tax by three cents in 2013 with a trigger to increase it with inflation. But, Geoff Diehl, a former state representative and Republican candidate for U.S. Senate, led a successful charge to repeal the tax, earning 53 percent of the vote....

Robichaud said her organization, which formerly went by Tank Automatic Gas Tax Hikes, recently contacted house members asking for a pledge to oppose the hikes. She says no Democratic House members responded.

Another chairman of the MTBA organization, Marty Lamb, slammed the Democrats’ failure to sign the pledge as a “bad joke on the hard-working people of Massachusetts who voted to end automatic tax hikes five years ago.”

“The majority of voters said they don’t want taxation without representation,” Robichaud told the Herald Monday. “People have already spoken on this.”

The Boston Herald
Monday, April 1, 2019
Anti-tax PAC slams State House Dems on potential gas tax hike
Members cite repeal of ’13 increase


As lawmakers on Beacon Hill consider an automatic gas tax, the opposition is letting its voice be heard, and that is a good thing. The Massachusetts Taxpayers Best Ally political action committee is taking a stand on the right side of the issue.

As the Herald’s Brooks Sutherland reported, Steve Aylward, a chairman of the MTBA PAC, has sounded off, saying gas tax hikes are a “settled issue” and calling on Beacon Hill to “work for the people.”

“The legislature was wrong five years ago,” Aylward said in a release obtained by the Herald. “They should have apologized to the people instead of passing themselves a big fat pay raise.” ...

The gas tax index should not be on the table. To automatically raise gas taxes with every increase in inflation will hit middle-class and lower-class families unfairly. Their pay and benefits do not also increase with the rate of inflation. To have this taxation occur without representation is obscene.

Though proponents of the automatic gas tax suggest that fixing dilapidated roads and bridges may make such a measure more palatable to voters, we believe they have underestimated the ire legislators have drawn to themselves by declaring a need to raise revenue while giving themselves multiple pay raises in the last few years.

If our leaders on Beacon Hill want higher gas taxes every year, let them vote for higher gas taxes every year. Let them explain to their constituents why more of their hard-earned money belongs in Beacon Hill coffers and less in their wallets.

A Boston Herald editorial
Wednesday, April 3, 2019
Gas tax resistance rises


To address youth smoking, Massachusetts should raise taxes on tobacco products and ban flavored tobacco products, according to advocates and legislators.

"The data is there," Rep. Marjorie Decker said. "When you increase taxes on tobacco you lower the rates of new smokers who are coming in. It works." ...

The group's main priority is to adjust taxes on tobacco products, raising the cigarette tax by $1 per pack, creating a 75 percent wholesale excise tax on e-cigarettes and increasing the cigar tax to 80 percent of wholesale. The calls come as lawmakers and Gov. Charlie Baker are showing an openness toward tax hikes, with Baker having put his own plan on the table to tax vaping products....

Decker also spoke in support for all of the tobacco tax increases, and plans on offering them as a budget amendment later this month, as well as sponsoring legislation that would create them independently.

"There is no excise tax on e-cigarettes and it doesn't make sense that we don't treat it the same way as cigarettes, cigars and other tobacco products," Decker said....

"We need revenue, but more importantly we need to continue saving lives," Decker said....

Last session, the Legislature and Baker agreed to a law raising the minimum age to buy tobacco from 18 to 21, which went into effect January.

State House News Service
Thursday, April 4, 2019
Vaping, cigarette taxes getting strong push this session


Chip Ford's CLT Commentary

As a state grassroots political activist for the past 35 years, a close observer of and vigorous participant in Bay State politics, I was confident that Massachusetts was close to reaching its bottom in a long and storied history.  I've anticipated an eventual turnaround, the typical pendulum swing.  I've expected citizens to inevitably wake up to what's being done to them in their name.  Sooner or later they will have endured enough and there will follow a political revolution; the oppressive status quo will be recognized for what it is and finally be rejected.

The Massachusetts political majority never ceases to dash expectations, to disappoint.

The political revolution has arrived, but the pendulum has swung even further in the wrong direction.

As with U.S. House of Representatives in Congress from Speaker Nancy Pelosi on down, "regular" Democrats on Beacon Hill are also looking over their shoulders in fear of the mounting threat from the even more radical Democrat-Socialists.  "These are not your grandfather's Democrats"!

Who could have anticipated that the political battle will be fought between the "regular" Democrats and the far-left extremist "Progressive" Democrats?

The Bay State's self-styled Che Guevara the extremist wing's apparent point man is Senate chairman of Judiciary Committee Sen. Jamie Eldridge of Acton, who also chairs the 18-member Senate Progressive Caucus.  (That group of radicals represents 18 of the Senate's total membership of 40, and six of those 40 are Massachusetts Republicans.)

Newly-minted "progressive" state representatives have arrived on Beacon Hill and immediately proposed rewriting "the oldest functioning written constitution in continuous effect in the world" to the applause of alleged elder statesmen.

Despite historic levels of spending and revenue, still legislators are scrambling to increase "revenue" by any means available and necessary so more is available to spend.  Tax hike schemes are ricocheting off the walls and through the corridors of the State House, each trying to outdo the other.  Every Beacon Hill denizen seems to have a favorite or two or three, including supposedly tax-adverse Governor Baker.

The Beacon Hill ruling class has decided it no longer needs to respect the will of voters if the outcome displeases them.  When voters say "hell no!" to higher taxes their vote is simply ignored as meaningless and overturned.  First was CLT's 2000 income tax rollback ballot question, now it's the voters' 2014 repeal of gas tax indexing.

Any pretext is sufficient, any excuse permissible.

Just one example follows the latest proposal to again hike the excise tax on cigarettes by another buck a pack, again dragging out the "for the children" lame rationale.

Sen. John Keenan (D-Quincy) supports the tax increases. . . "It's time that we stand up and we say to the big tobacco industry, the big nicotine industry, and say you are not going to take another generation," he said.

But how can that be possible?  "Last session, the Legislature and Baker agreed to a law raising the minimum age to buy tobacco from 18 to 21, which went into effect January."  That prevents those formerly-victimized children from access to tobacco products.

This can mean only one thing:  They are not hiking taxes "for the children" at all.  It is another shameless lie.

They're hiking taxes on adult tobacco users over the age of 21 because they can.  And because it'll raise hundreds of millions in additional state revenue.

Forbes Magazine reported in July, 2016:

According to a Boston news report, the state's cigarette smokers have paid an extra $285 million from the $1 per pack hike tax approved in 2013. With that increase, Massachusetts' cigarette tax soared from $2.51 per pack to $3.51 per pack, making the tax, at the time, the second-highest rate in the country after New York. That has since changed: it's now fourth behind New York ($4.35), Rhode Island ($3.75) and Connecticut ($3.65)....

[M]ost of the cigarette revenue ($222 million) went to the state's general fund. The remaining $63 million went to the Commonwealth Care Trust Fund. The Commonwealth Care Trust Fund is used to pay for subsidized health insurance and Medicaid rate increases for those in the state....

Overall, Massachusetts collected more than $882 million in tobacco taxes for the fiscal year 2015 alone. That total includes payments related to a massive settlement with tobacco companies from 1998....

There have been two increases in the Massachusetts cigarette tax in the past decade: a $1 per pack increase in 2008 and the more recent $1 per pack increase in 2013. Funds are pouring in. They're just not going towards anti-smoking programs. They're being used for other purposes, such as filling holes in the budget.

●  "Massachusetts received an estimated $903.2 million in tobacco settlement payments and taxes in FY2017," according to the website truthinitiative.org.

●  WCVB TV-5 reported on July 10, 2016:  "From September 2013 through the end of May 2016, smokers have plunked down an extra $285 million from the new $1-per-pack hike tax, according to information provided to the Associated Press by the Executive Office of Administration and Finance."

●  Salestaxhandbook.com reports:  "In Massachusetts, cigarettes are subject to a state excise tax of $3.51 per pack of 20.  Cigarettes are also subject to Massachusetts sales tax of approximately $0.53 per pack, which adds up to a total tax per pack of $4.04."

On top of the tobacco excise tax the state added its sales tax, double-taxation a tax on a tax.  In 2009 the Legislature imposed a sales tax on alcohol on top of its excise tax another case of double-taxation.  It didn't last long.  The voters repealed it in 2010 (Question 1 on the 2010 ballot).  At that time, then-candidate for governor Charlie Baker supported its repeal.

"We need revenue, but more importantly we need to continue saving lives," Rep. Marjorie Decker (D-Cambridge) said.  Note her real priority, the first thought that entered her mind:  "We need revenue . . ."  Then arrived her afterthought, ". . . we need to continue saving lives."  Uh huh, got it.

As always, More Is Never Enough (MINE) and never will be until they've taken it all from taxpayers and there's nothing left to take, unless they're stopped.

And now the "Progressives" are threatening to overwhelm "regular" Democrats.

Did you ever think you'd see the day come when you were rooting for "regular" Democrats?


The Department of Revenue in its monthly report issued this week noted:  "The state's budget revenue shortfall has disappeared after $2.67 billion in taxes were collected in March putting Massachusetts $19 million above the estimates used to build the state's current $41 billion budget."

How timely, just as the next budget is being prepared.  That must be euphoric news for Beacon Hill budget-writers and other legislators as they prepare next fiscal year's state budget.  Any potential restraints are off and wild spending can resume full speed ahead!

So why the headlong scramble to find infinite new ways to squeeze taxpayers for even more?

Because More Is Never Enough (MINE) and never will be.

There will be very busy days ahead better saddle up, folks.  Defending taxpayers has just become an even greater challenge.

Chip Ford
Executive Director


 

The Boston Herald
Wednesday, April 3, 2019

Progressives wresting control from moderate Bay State Dems
By Peter Lucas


Regular Democrats are on the verge of losing their long-standing control of the Massachusetts Legislature.

No, it will not be to the Republicans, who don’t count for much at the State House, either in the 160-member House or in the 40-member Senate. Republicans in the Legislature are all but irrelevant. The loss will be to the growing number of progressive Democrats who are to the far left of the regular liberal/moderate leadership of House Speaker Robert DeLeo and his Democratic predecessors.

The changeover has already taken place in the Senate where Senate President Karen Spilka, the progressive leader, rules. While there are 34 Democrats to six Republicans in the senate, 18 of those Democrats belong to the Progressive Caucus.

Led by leftist Sen. Jamie Eldridge of Acton, progressives would make Massachusetts a sanctuary state for illegal immigrants, grant them driver’s licenses, allow people to identify as X rather than M or F on their license, curtail ICE’s practice of rounding up criminal illegal immigrants, increase taxes, especially on millionaires, and, among other things, provide for single payer health care.

“They’ve gone over the edge,” one top House regular Democrat said.

While DeLeo has been able to kill some of the progressive ideas and bills — like barring police officials from cooperating with ICE to detain criminal illegal immigrants — he is fighting a losing battle. While DeLeo and the regular Democrats still control the House, inroads by progressive Democrats indicate that they will soon be taking over.

There are 127 Democrats in the 160 member House to 32 Republicans. There is one Independent. However, 60 of those Democrats are members of the House Progressive Caucus, which is committed to “promoting social, economic and environmental justice for all people of the Commonwealth.”

The House Progressive Caucus is headed by Reps. Tricia Farley-Bouvier of Pittsfield and Jack Patrick Lewis of Framingham.

This does not mean that all 60 members of the House Progressive Caucus are in favor of every looney-tunes idea that Eldridge and others have come up with. There are some legislators who joined simply to help themselves politically. After all, the opposite of progressive is regressive, and no politician in his right mind wants to be labeled regressive.

But the divide between the progressive Democrats and the moderate Democrats is deep and getting deeper as the number of progressives increase. It is also getting bolder.

An example is Spilka’s unicameral proposal to launch a study of the state tax code by an outside group of academics, business leaders and policy organizations with the aim of raising taxes.

While the group would include the Associated Industries of Massachusetts and the Massachusetts Business Council, it would also include the left-leaning Raise Up Massachusetts, which pushed last year’s millionaires tax increase. Sen. Adam Hinds, chairman of the Senate Revenue Committee, would head the study. Neither Speaker DeLeo nor any member of his leadership team are part of Spilka’s tax plan, which is strange since all revenue raising legislation must originate in the House, not the Senate.

Also, there is concern that Spilka would outsource some of the basic duties of the Legislature — taxing and spending — to unelected individuals and organizations that lobby the Legislature.

DeLeo was diplomatic in response to Spilka’s progressive power grab. He told the State House News Service, “I congratulate the Senate president for looking at this issue. I think our means are probably just a little bit different in terms of how we go about it.”

Translated, this means DeLeo believes his House Ways and Means Committee or the House Revenue Committee are up to the task of studying the tax code and making revenue adjustments.

House leaders and veteran State House observers view Spilka’s move as part of the progressive takeover of the Legislature, and they are right.

What was once a political battle between the Democrats and Republicans ended a long time ago. Now the battle is between the progressive and moderate Democrats, and the progressives are winning.

DeLeo, 69, a moderate who has held the line against progressive excesses, is into what is probably his last term as speaker, if he doesn’t pack it in before his current two-year term expires. Odds are his successor will be Majority Leader Ron Mariano, 72, of Quincy, a fellow moderate Democrat, if he wants the job. If he doesn’t, it is highly likely that a progressive Democrat will emerge from the pack and become the next speaker. Then the deluge begins.


State House News Service
Wednesday, April 3, 2019

Progressives tout Safe Communities Act, other priorities
By Katie Lannan


Rep. Liz Miranda "never believed" that her first week as a state lawmaker in January would involve working on two constituent cases involving Immigration and Customs Enforcement, she said Wednesday.

The Roxbury Democrat said one of the two constituents is now back with his family, while the other, a 21-year-old who has been in the United States since he was 5, now faces a "very real" threat of deportation after he was "picked out of Suffolk Superior Court and dragged out of the back door."

"There is sort of a sentiment of what is a good immigrant versus a bad immigrant, and we need to not be supportive of that," Miranda said at a Progressive Massachusetts lobby day.

Miranda is one the lead sponsors of a bill referred to as the Safe Communities Act, which supporters say protects immigrants' due process rights. It would also bar local police and court officers from inquiring about someone's immigration status, and limit their ability to notify ICE about someone's impending release from custody.

The Safe Communities Act (H 3573/S 1401) is one of 16 bills Progressive Massachusetts lists as priorities for this session.

Miranda was one of four lawmakers to speak at the lobby day, along with Sens. Sonia Chang-Diaz and Jamie Eldridge and Rep. Lindsay Sabadosa.

Eldridge, who chairs the 18-member Senate Progressive Caucus, said the speaking lineup was a "perfect highlight," with two new representatives and two senators elected 11 years ago.

"That's really when we formed the Senate Progressive Caucus to really move the Senate much further to the left than where it was," he said. "It was a fairly moderate body back then, and to see new legislators like Liz Miranda, like Lindsay Sabadosa, like Tami Gouveia, like Nika Elugardo, in this first-year class is incredibly exciting."


State House News Service
Tuesday, April 2, 2019

Freshwoman lawmaker looking to make constitution's verbiage more "inclusive"
By Katie Lannan


Explaining to her colleagues how she came to propose two amendments to the Massachusetts Constitution in her first 15 days as a lawmaker, Rep. Mindy Domb on Tuesday said filing legislation "can sometimes be like pulling a string on a sweater."

Domb testified before the Judiciary Committee on two amendments she's filed, including one dealing with lawmakers' oaths of office and another that would replace the word "he" with the gender-neutral pronoun "they" in instances where the constitution is not specifically referring to men.

"For me, it's really about making sure that the constitution is as inclusive a document as we can make it," the first-term Amherst Democrat said. "It says 'he.' It doesn't mean 'he.' It doesn't mean only men. There are lots of women who are in office. It means all of us, and we need to make sure that the document says that so that all of us and all of our kids can see themselves in this constitution."

Domb said the Massachusetts Constitution uses the word "he" 84 times and the word "she" only once, in a specific reference to women in a section on notaries public.

The hearing on her proposed amendment (H 80), which is cosponsored by nine other lawmakers, comes after the House and Senate this year adopted rules that replaced the word "chairman" with "chair."

It was another language issue she encountered when preparing to take her oath of office -- the first string she pulled -- that prompted her to look more broadly at the constitution's wording, Domb said.

Domb said she is not a Quaker but was "not really comfortable swearing," and wanted to be able to affirm her oath instead. She said she wanted to give others the option to affirm oaths as well to be inclusive of various religious or spiritual beliefs.

In reviewing the language around oaths, Domb noticed the use of the pronoun "he." Her second amendment (H 81) would give anyone taking an oath the option to swear or affirm it, and replace the word "he" in that section with "they."

Once she took that step in one area, Domb said, "It felt almost like we had to address the other times in the constitution where it also says 'he' but doesn't only refer to men."

Sen. Jamie Eldridge, the Judiciary Committee's Senate chair, told Domb he wanted to commend her for her testimony.

"Just in your first few months in the Legislature, you put in an incredible amount of thought into the problem and the challenge, your vision, and drafting these two pieces of legislation," he said.

Amending the constitution is a process that takes years, and review by a committee is one of the early steps. Committees have until April 24 to report out proposed constitutional amendments, and proposals that are advanced will need to earn the support of a majority of the 200-seat Legislature in two consecutive sessions before the question can placed before voters.

The Judiciary Committee has custody of seven other proposed amendments, including 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.


The Boston Herald
Wednesday, April 3, 2019

Amendment proposed to make state constitution ‘gender inclusive’
By Mary Markos


A freshman state representative wants to strike the word “he” entirely from the Massachusetts Constitution, substituting “they” in an effort to make the 239-year-old document gender-neutral — but critics say the Legislature has more important work to do.

“This isn’t a gimmick. For me, it’s really about making sure that the Constitution is as an inclusive a document as we can make it,” Rep. Mindy Domb said. “It says ‘he,’ it doesn’t mean ‘he,’ it doesn’t mean only men. There are lots of women who are in office. It means all of us. We need to make sure that the document says that so all of us and all of our kids can see themselves in this Constitution.”

The Amherst Democrat proposed two amendments to the state Constitution at a joint Judiciary Committee hearing Tuesday. Her first would allow legislators of any religion to affirm their allegiance rather than swear it, which currently only Quakers can do. That made her realize that all people are referred to as “he,” more than 80 times in the Constitution, with the exception of notaries public, a section in which women are specified using “she.”

There are likely no legal implications to the change, constitutional lawyer Harvey Silverglate said — but he also called it “meaningless and unnecessary.”

“In this instance, in the name of gender inclusivity, it is simply to make an ideological statement but having no practical implication,” Silverglate said. “There is enough real work to do in this country without make-work.”

Massachusetts GOP Chairman Jim Lyons, known for derailing a bill that would have added a third gender “X” to Massachusetts driver’s licenses, said, “It seems like during the midst of an opioid epidemic, the Judiciary Committee would have more important things to consider.”

But Ev Evnen of the Massachusetts Transgender Political Coalition said the language should be changed to include all gender identities.

“I think there is a real benefit to not using ‘he’ as a stand-in for all people,” Evnen said. “This is just another example of how when we make things more inclusive for transgender folks and non-binary folks, oftentimes we make things more inclusive for everyone.”

The process of amending the constitution can take years, and involves two successive sessions passing the legislation before going out to ballot for voter approval. Proposed constitutional amendments have to be reported out earlier than other bills and are due by the end of the month. Co-sponsor Sen. Rebecca L. Rausch (D-Needham) called it “crucial” to achieving gender parity.

“The language in the Constitution, as it currently exists, is archaic and fails to recognize the fact that it’s not just men serving in elected office anymore,” Rausch said. “The language should reflect the reality.”


State House News Service
Wednesday, April 3, 2019

Budget back in black as tax refunds in March fall from 2018
By Matt Murphy

The state's budget revenue shortfall has disappeared after $2.67 billion in taxes were collected in March putting Massachusetts $19 million above the estimates used to build the state's current $41 billion budget.

The tax collections in March exceeded projections by $316 million, or 13.4 percent, and were 19 percent higher than the same month last year. Meanwhile, income tax refunds for the month were down, totaling $350 million in March, which was $43 million, or 11 percent, lower than March 2018.

The gains erased a $292 million shortfall through February with three more months in the fiscal year, including the largest month for tax collections in April.

Revenue collections of $20.2 billion for the year to date are up 4.1 percent, or $796 million, from the same period in fiscal 2018.

"The corporate & business revenue and the non-withholding income tax, which are generally volatile, were the primary contributors to the above-benchmark performance for the month," Revenue Commissioner Christopher Harding said in a statement. "With approximately 71% of revenue collections in the door for Fiscal Year 2019, year-to-date revenue is now essentially even with the year-to-date benchmark."

Harding said that the two largest tax categories – withholding and sales taxes – showed "continued growth" over 2018. Withholding collections were up 3.7 percent from March 2018, or $46 million, and beat projections by $2 million, while sales taxes of $487 million were up 2.6 percent from last year, but missed the target by $3 million.

"These categories are associated with overall economic conditions in the state, which show steady growth," Harding said.

Income taxes beat estimates in March by $86 million and corporate taxes were $226 million higher than the benchmark, according to the Department of Revenue.

March is the sixth largest month for state revenues. Collections in April, May and June have accounted for an average of 30 percent of the state's total revenues in the last 15 fiscal years.


The Boston Herald
Monday, April 1, 2019

Anti-tax PAC slams State House Dems on potential gas tax hike
Members cite repeal of ’13 increase
By Brooks Sutherland


An anti-tax organization took aim at state Democrats Monday after the party’s leadership floated the possibility of a gas tax hike, a move tried once and overturned by voters five years ago.

“Beacon Hill does what it wants,” said Holly Robichaud, a member of the Massachusetts Taxpayers Best Ally political action committee. “Beacon Hill doesn’t listen to the people. It’s very disappointing that not one Democrat, when asked, was willing to support the will of the people.”

The Legislature upped the gas tax by three cents in 2013 with a trigger to increase it with inflation. But, Geoff Diehl, a former state representative and Republican candidate for U.S. Senate, led a successful charge to repeal the tax, earning 53 percent of the vote.

Steve Aylward, a chairman of the MTBA PAC said gas tax hikes are a “settled issue” and called on Beacon Hill to “work for the people.”

“The legislature was wrong five years ago,” Aylward said in a release obtained by the Herald. “They should have apologized to the people instead of passing themselves a big fat pay raise.”

On Monday, Catherine Williams, a spokeswoman for House Speaker Robert DeLeo, referred the Herald to DeLeo’s comments after the Chamber of Commerce dinner last month. While speaking with reporters after the event, DeLeo said a gas tax hike was “on the table.”

“I think everything and anything is on the table. And again, that will be one of the items,” DeLeo told reporters. “Some members have already approached me on it, they feel that they could support. It’s never an easy issue to take up, but again, I think we’re at a stage where if we’re going to get serious about addressing this issue then everything and anything has to be on the table.”

Robichaud said her organization, which formerly went by Tank Automatic Gas Tax Hikes, recently contacted house members asking for a pledge to oppose the hikes. She says no Democratic House members responded.

Another chairman of the MTBA organization, Marty Lamb, slammed the Democrats’ failure to sign the pledge as a “bad joke on the hard-working people of Massachusetts who voted to end automatic tax hikes five years ago.”

“The majority of voters said they don’t want taxation without representation,” Robichaud told the Herald Monday. “People have already spoken on this.”


The Boston Herald
Wednesday, April 3, 2019

A Boston Herald editorial
Gas tax resistance rises

As lawmakers on Beacon Hill consider an automatic gas tax, the opposition is letting its voice be heard, and that is a good thing. The Massachusetts Taxpayers Best Ally political action committee is taking a stand on the right side of the issue.

As the Herald’s Brooks Sutherland reported, Steve Aylward, a chairman of the MTBA PAC, has sounded off, saying gas tax hikes are a “settled issue” and calling on Beacon Hill to “work for the people.”

“The legislature was wrong five years ago,” Aylward said in a release obtained by the Herald. “They should have apologized to the people instead of passing themselves a big fat pay raise.”

Last month, House Speaker Robert A. DeLeo floated the idea of the return of the gas tax index at a Chamber of Commerce breakfast. “Some members have already approached me on it, they feel that they could support,” DeLeo said. “It’s never an easy issue to take up, but again, I think we’re at a stage where if we’re going to get serious about addressing this issue, then everything and anything has to be on the table.”

The gas tax index should not be on the table. To automatically raise gas taxes with every increase in inflation will hit middle-class and lower-class families unfairly. Their pay and benefits do not also increase with the rate of inflation. To have this taxation occur without representation is obscene.

Though proponents of the automatic gas tax suggest that fixing dilapidated roads and bridges may make such a measure more palatable to voters, we believe they have underestimated the ire legislators have drawn to themselves by declaring a need to raise revenue while giving themselves multiple pay raises in the last few years.

If our leaders on Beacon Hill want higher gas taxes every year, let them vote for higher gas taxes every year. Let them explain to their constituents why more of their hard-earned money belongs in Beacon Hill coffers and less in their wallets.


State House News Service
Thursday, April 4, 2019

Vaping, cigarette taxes getting strong push this session
By Kaitlyn Budion


To address youth smoking, Massachusetts should raise taxes on tobacco products and ban flavored tobacco products, according to advocates and legislators.

"The data is there," Rep. Marjorie Decker said. "When you increase taxes on tobacco you lower the rates of new smokers who are coming in. It works."

The American Cancer Society Cancer Action Network and The 84 Movement have each held events in recent weeks to push for more laws to combat youth smoking, especially vaping, an industry that picked up a new ally this week when former Attorney General Martha Coakley joined the lobbying team at JUUL, where she was a consultant.

The Cancer Action Network held a lobby day last week to push for bills calling for more transparency in health care and programs that assist residents in quitting smoking.

The group's main priority is to adjust taxes on tobacco products, raising the cigarette tax by $1 per pack, creating a 75 percent wholesale excise tax on e-cigarettes and increasing the cigar tax to 80 percent of wholesale. The calls come as lawmakers and Gov. Charlie Baker are showing an openness toward tax hikes, with Baker having put his own plan on the table to tax vaping products.

Rep. Danielle Gregoire said she supports creating a tax for e-cigarettes because the products are not taxed at all right now, and the increased price is a major deterrent to youth.

"Our youth are getting sick and they have no idea what the consequences are, so it is time for us to put a stop to that here in Massachusetts and I'm looking forward to doing just that," she said.

Decker also spoke in support for all of the tobacco tax increases, and plans on offering them as a budget amendment later this month, as well as sponsoring legislation that would create them independently.

"There is no excise tax on e-cigarettes and it doesn't make sense that we don't treat it the same way as cigarettes, cigars and other tobacco products," Decker said.

She said nearby states have higher tax rates for tobacco than Massachusetts.

Currently the tax on a pack of 20 cigarettes is $3.51 in Massachusetts. According to The Campaign for Tobacco Free Kids, as of Dec. 21, 2018, the tax on a pack of cigarettes is $4.35 in New York and Connecticut, $4.50 in the District of Columbia and $4.25 in Rhode Island.

"We need revenue, but more importantly we need to continue saving lives," Decker said.

Sen. John Keenan said he supports the tax increases, and has sponsored a bill that would ban all flavored tobacco products. Currently, 142 cities and towns across Massachusetts have some restrictions on flavored tobacco products, but there are no statewide rules.

"It's time that we stand up and we say to the big tobacco industry, the big nicotine industry, and say you are not going to take another generation," he said. "Together we are going to fight you every step of the way."

It's not just adults who are concerned about big tobacco targeting youth; teenagers have noticed as well. The 84 Movement, a statewide tobacco prevention program, gathered activitsts Wednesday for Kick Butts Day, a youth-led rally for teenagers to advocate for stronger tobacco restrictions.

Hayli Manning, a senior at Holbrook Middle High School, talked about watching her friends try flavored tobacco products from lemon-berry tart to menthol.

"For example, I've seen menthol not only in my community but on a much more personal level as well. I have friends who use mint flavored products," Manning said. "One of them made a comment about mint vape being like gum for your lungs."

Manning also said that of youth between the ages of 12-17 who do smoke traditional cigarettes, 54 percent of them smoke menthol cigarettes.

At the American Cancer Society event, Keenan spoke about visiting a school in his district, where he talked with students about the dangers of vaping and an eighth-grade boy said he worried not only about himself and his friends being attracted to vaping, but his younger brother too.

Rep. Sean Garballey sponsored Kick Butts' Day and emphasized that tobacco companies target kids to get them addicted for life.

"Tobacco companies spend hundreds of millions of dollars each generation to try to get you hooked," Garballey said. "They're not spending it on 50-60 year olds. Why are they targeting you? Because if they get you hooked they have a customer for life."

Lt. Gov. Karyn Polito attended the Kick Butts Day event, and said she was concerned about the perception that e-cigarettes are less bad than regular cigarettes.

"It feels to me like we're not doing our job if we have out there this perception that this is a safe choice," Polito said. "We've got to dispel that perception, make the facts a reality in people's minds and impact cultural norms."

Speakers at both events emphasized the importance of fighting youth smoking, and while the most recent data from Massachusetts in 2017 shows it on the decline, national data showed a jump in e-cigarette use in 2018. It's that jump that advocates are concerned about, as in the past Massachusetts statistics have followed national trends.

In 2017, the Massachusetts Youth Risk Behavior Survey showed that 24.6 percent of high school students reported using any tobacco, including e-cigarettes, in the past 30 days, down from 29.3 percent in 2015. In addition, in 2015, 44.8 percent of students reported ever using "electronic vapor products," and in 2017 that number decreased to 41.1 percent.

However, in February, 2019 the Center for Disease Control released a national report, "Vital Signs: Tobacco Product Use Among Middle and High School Students — United States, 2011–2018," which showed a drastic jump in youth smoking.

E-cigarette use by high schoolers increased significantly from 11.7 percent in 2017 to 20.8 percent in 2018, adding up to approximately 1.5 million additional youths using e-cigarettes in 2018. This increase comes even as the report states that there was no significant changes in the use of any other tobacco products.

"However, current e-cigarette use increased by 77.8% among high school students and 48.5% among middle school students during 2017–2018, erasing the progress in reducing e-cigarette use, as well as any tobacco product use, that had occurred in prior years," said the report.

Marc Hymovitz, the director of governmental relations for the American Cancer Society Cancer Action Network in Massachusetts, said the organization has also heard from teachers and employees that there has been a drastic increase in students caught vaping, something he blames on the marketing of flavored e-cigarettes to kids.

"We are mostly concerned because we know that big tobacco is targeting kids," he said. "So that's where we are trying to impact change."

Last session, the Legislature and Baker agreed to a law raising the minimum age to buy tobacco from 18 to 21, which went into effect January.

The Cancer Action Network also advocated for bills to make health care plan choice easier.

A bill backed by Sen. Brendan Crighton and Rep. Jen Benson would make cost and utilization management information available to consumers when they choose health plans. This would mean that during open enrollment consumers can see the list of drugs covered under each plan and what the cost would be to them before purchasing the plan.

The process of choosing a health plan can be especially difficult when someone has cancer or other serious illnesses, when the costs of treatment are much higher and consumers don't know exactly what medicines will be covered and how much it will cost them.

"While you are having the fight of your life against cancer, you shouldn't be fighting the fine print, you shouldn't have to roll the dice with uncertainty as you try to select a health care plan," Crighton said.

Benson, who is the House chair of the Joint Committee on Health Care Financing, said the focus on health care reform should be on patients not cost.

"I can say moving forward this session we are focused on health," she said. "Now, you're going to hear a lot about cost. And we all worry about cost because if something is too expensive you're not going to be able to access it. But we also understand that the way to reduce cost in the long term is keeping people healthy."

Patti Morris, a volunteer from the American Cancer Society, spoke about her personal experience with cancer. Twenty-nine of her relatives have had cancer and several of them have passed away from cancer, including her mother, her sister-in-law and her mother-in-law. Morris was shocked when her grandson seemed interested in flavored e-cigarettes, telling her that juuls must be good because it "smells really good."

"I want you guys to know how important our voices are and I have a voice, my mother doesn't have one, my mother-in-law, my sister-in-law they don't have those voices," Morris said. "And I'll be damned if my 9-year-old grandson ever picks up an e-cigarette."

 

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