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CLT UPDATE
Saturday, April 13, 2019

House budget:  More spending, no tax hikes for now


– Graduated Income Tax / "Fair Share Amendment"

The two sides last faced off in court. They’re girding for battle again on Thursday — this time before a legislative committee in the State House’s cavernous Gardner Auditorium, where lawmakers hold hearings that they know will drag on for hours. Wear comfortable clothes, folks.

The Boston Globe
Tuesday, April 9, 2019
A 2nd try at a surcharge on the wealthy


Beacon Hill leaders had their eyes on the extra revenue before the Massachusetts Supreme Judicial Court last July invalidated a ballot question slated for the November 2018 general election because it tied the tax to specific types of appropriations (education and transportation), in violation of the state constitution’s standards for a citizens’ petition statewide referendum.

Instead, supporters are back with a new version of the so-called Fair Share Amendment, this time proposing that state legislators put the measure on the ballot directly, which would avoid the restrictions on what kinds of constitutional amendments can go to the voters via citizens’ petition....

Supporters of the so-called Millionaires’ Tax say it’s fairer for rich people to pay extra on top of the current 5.05 percent flat income tax, and they project that the surtax would raise an extra $2 billion they say is sorely needed for roads and bridges and public transportation and public schools.

Opponents don’t see what’s unfair about a flat tax rate, where those with higher incomes pay more in actual dollars than those with lower incomes. They also predict the surtax would hurt the Massachusetts economy by encouraging Massachusetts residents with high incomes to leave and stop paying income taxes in the state altogether....

The Raise Up Massachusetts coalition sees the numbers as crying out for a tax-the-richest scheme.

“In fact, those with the highest incomes contribute the lowest percentage of their incomes, with the highest-income 1 percent of taxpayers paying the smallest share of any group. And as a result of years of systemic barriers to opportunity, Black and Latinx workers are over-represented among low-income taxpayers and underrepresented among higher-income taxpayers, meaning that our current tax system makes it relatively harder for people of color to get ahead,” said Raise Up Massachusetts in a written statement.

But Citizens for Limited Taxation doesn’t buy the fairness argument.

“We can’t conceive of how anything can possibly be more fair than every taxpayer paying an equal tax rate on whatever their income. The higher one’s income the more in taxes one pays. How can imposing a different tax rate on some and not on others by any stretch be termed ‘fair’? It is the antithesis of fair,” Citizens for Limited Taxation said in a written statement.

As for the effect, Citizens for Limited Taxation warns Massachusetts lawmakers about sticking it to rich residents, noting that New York Governor Andrew Cuomo, a liberal Democrat, in February came out against raising additional taxes on rich people in his state.

“Please recognize that assaulting “the wealthy” — the most mobile population — will only serve to motivate many of the commonwealth’s higher earners and businesses to relocate to more tax-friendly, greener pastures,” Citizens for Limited Taxation said. “… It is something you should consider carefully before rubber-stamping this proposal with your vote. When wealthier Bay State taxpayers flee, who will pick up and pay their ‘fair share’ burden, their taxes which now already provide a disproportionate amount of state revenue, and state spending?”

The New Boston Post
Thursday, April 11, 2019
Massachusetts Legislators All Ears for Millionaires’ Tax


The last time activists pushed for a surtax on income above $1 million, it was more or less expected that the proposal would face a legal challenge. But now, less than a year after the Supreme Judicial Court invalidated a citizen's petition seeking a constitutional amendment to add the 4 percent surtax, proponents are confident that they can avoid the same obstacle.

The crucial difference, they explained in testimony at a Joint Committee on Revenue hearing Thursday, is that the change is now being sought directly by legislators....

Opponents of the surtax, including those who pushed for last year's court case, offered no hint Thursday that they would pursue another lawsuit if the measure clears the committee and heads to the Constitutional Convention, where it will need the votes of 101 of the 200 members of the House and Senate in back-to-back, two-year sessions. The question could not reach the ballot until 2022.

Chris Anderson, president of the Massachusetts High Technology Council, noted in his testimony that the amendment has "different legal scrutiny" this time around....

While the proposal drew support Thursday from a handful of local companies, several business groups and anti-tax organizations criticized it as overreaching.

"We can't conceive of how anything can possibly be more fair than every taxpayer paying an equal tax rate on whatever their income," the Citizens for Limited Taxation group said in a statement. "The higher one's income the more in taxes one pays. How can imposing a different tax rate on some and not on others by any stretch be termed 'fair'? It is the antithesis of fair."

Rep. Randy Hunt, Republican of Sandwich, asked "what prevents the Legislature from simply reducing what we spend now by $2 billion, and putting $2 billion on hold for other priorities of the Legislature, thus net not providing an extra penny towards transportation and education?" ...

If lawmakers are inclined to support the surtax through the latest legislative amendment, some action will be required quickly. The amendment must be reported out by the Joint Committee on Revenue by April 24 and then added to the Constitutional Convention calendar by May 8, but a vote would not have to take place until the end of formal sessions in July 2020.

House Speaker Robert DeLeo has said as recently as this week that he continues to support the idea of a "millionaires tax," and Senate President Karen Spilka has also supported the proposal.

State House News Service
Thursday, April 11, 2019
Diminished threat of legal challenge as "Millionaires Tax" returns


A measure to revive a statewide tax on high earners received a glowing reception on Beacon Hill Thursday, suggesting an easy path ahead despite staunch opposition from business groups.

“We are in desperate need for revenue for our districts,” said Senator Michael D. Brady of Brockton, one of the proposal’s more than 100 sponsors and a member of the Joint Committee on Revenue, which convened a hearing on the proposal Thursday. “We’ve got to move as swiftly and as responsibly as we can on this.” ...

“We have tremendous unmet needs in our Commonwealth that are hurting families, hurting our communities, and putting our state’s economic future at risk,” said Senator Jason M. Lewis of Winchester, the lead sponsor of the Senate version of the proposal....

The revival of the so-called millionaires tax comes as the Legislature has started to engage in a broader debate about how it might find more money to address a list of pressing policy concerns....

The earliest the tax, known as the Fair Share Amendment, could kick in is 2023, given the procedural path it must travel, since imposing it requires changing the state Constitution. The tax would need majority votes in successive two-year legislative sessions before heading to the voters; the governor would not have a say.

The Boston Globe
Friday, April 12, 2019
Proposed tax on high earners gets warm reception on Beacon Hill


– House Budget

With House leadership preparing to unveil its annual spending bill this week, Speaker Robert DeLeo said Monday the budget will steer clear of major new revenue proposals "that aren't finalized," but promised "further action" this year to consider new taxes or fees.

The statement from the speaker answered one of the major questions leading into Wednesday's release of the House Ways and Means budget proposal: Will House leaders embrace significant new revenues?

The answer, for now, appears to be no.

State House News Service
Monday, April 8, 2019
House may explore tax bill later in 2019


Democratic leaders in both branches are now saying its unlikely the Legislature will pursue substantial new revenue proposals as part of next year's state budget, with Senate Ways and Means Committee Chairman Michael Rodrigues on Tuesday joining House Speaker Robert DeLeo in suggesting that those discussions should be postponed until later in the year.

DeLeo said Monday that the House's fiscal year 2020 budget set to be unveiled this week would not include significant new taxes or fees and that "further action" on revenue proposals would come instead later this year. Rodrigues echoed that approach on Tuesday, saying he is "not anxious to jump into the revenue discussion at this time" — even as Senate President Karen Spilka said the decision has not been made.

"We're not going to have time to get it done for this budget," Rodrigues told the News Service on Tuesday. "We're just not going to pull taxes out of thin air and increase them. We really need a holistic approach at taxes, at our tax code. There won't be any major changes to the tax code in the budget. We just don't have time."

Rodrigues, like DeLeo, left open the possibility that lawmakers could take up a major revenue debate outside of the budget process....

Lawmakers have called for a wide range of new taxes and fees to generate funding for transportation, education and more, particularly after a ballot question that would have taxed income above $1 million at a higher rate was invalidated by a court last year.

The House Ways and Means Committee will release its budget on Wednesday, queueing up debate for later in the month. The Senate will then take up the matter in May.

Gov. Charlie Baker included several new taxes in his budget, such as a 15 percent tax on opioid manufacturers and an excise tax on e-cigarettes and vaping products. The Wednesday budget release will show whether House leaders agree with him.

Rodrigues said Baker's proposals will still be considered in the Senate, although he did not indicate whether he supported them, and he acknowledged that senators may file revenue-generating amendments if the budget comes to them as a "money bill."...

"Our personal taxes, our businesses, haven't been looked at in a comprehensive way in decades," [Senate President Karen] Spilka said. "In fact, I can't find when it was truly last really looked at. I believe we can do a better way of collecting taxes in a fair, more progressive way that creates a 21st-century framework where innovative, technology-driven businesses can develop and thrive — we clearly want them to thrive — but that captures new revenue."

State House News Service
Tuesday, April 9, 2019
Senate budget chief agrees Dems should wait on taxes


The House reported out its version of a $42.69 billion dollar budget today, eliminating many of the taxes Gov. Charlie Baker had in his own proposal and making its own attempt to address the state’s underfunded school system.

The House version of the fiscal year 2020 budget does not include an expanded tax to include e-cigarettes, an increase excise tax through property sales or the tax on gross receipts of opioids that Baker proposed in his own budget in January. Speaker Robert DeLeo said he expects those will be “discussed at a later date.” ...

The budget, which recommends approximately $1.8 million less spending than the governor’s H1 budget, would add $260 million to the rainy day fund, bringing that account total in excess of over $2.5 billion, according to the Speaker.

The Boston Herald
Wednesday, April 10, 2019
House budget zaps Baker tax proposals; seeks boost in education spending


The House's plan to take a wait-and-see approach on new revenues this session, rather than pursue new sources of funding in its fiscal year 2020 budget, was not well-received by two major advocacy groups Wednesday.

House leadership unveiled its $42.7 billion annual spending plan, but Speaker Robert DeLeo said consideration of new revenue proposals would take place later this session, including sports betting, extending tobacco taxes to e-cigarettes, taxing opioid manufacturers and more.

The budget proposal (H 3800), which the House is expected to debate in formal sessions the week of April 22, would boost total state spending by 3 percent over the current year's budget and includes no increases to broad-based taxes.

Marie-Frances Rivera, president of the Massachusetts Budget and Policy Center, said that her organization appreciates the "thoughtful approach" the House plans to take on revenue but panned the budget plan itself, with no associated revenue boosters, as unhelpful....

The Fund Our Future campaign, an advocacy group made up of more than two dozen labor and community organizations pushing for changes to how the state funds public schools, said the Ways and Means Committee's inclusion of $218 million in new Chapter 70 education aid and its new $16.5 million program to support low-income students is notable and laudable....

The Massachusetts Teachers Association was also unimpressed by the plan, calling the funding for education "woefully inadequate." ...

The committee budget was well-received by members of the House's Republican caucus, which accounts for 32 of the 160 House members....

"The good news for the state's taxpayers is that the budget does not impose any new broad-based taxes," North Reading Rep. Brad Jones, the House minority leader, said. "I will be working closely with the members of the House Republican Caucus over the next few days to identify potential amendments we can offer to further protect the interests of the state's taxpayers and ensure the passage of a fiscally responsible budget." ...

The budget proposal was rolled out a week after the Department of Revenue reported that a $292 million shortfall in state tax collections was wiped out in March thanks to monthly tax revenues that exceeded projections by $316 million, or 13.4 percent. With three months left in fiscal year 2019 -- including April, the largest month for tax collections -- Massachusetts stands $19 million above its revenue goal.

State House News Service
Wednesday, April 10, 2019
Revenue advocates disappointed by House leaders' caution on new taxes
 


Chip Ford's CLT Commentary

It's been a very frenetic week both on Beacon Hill, and here at CLT trying to keep up with and makes sense of it all.

The graduated income tax constitutional amendment (Grad Tax), aka, "The Fair Share Amendment" barrels along.  With its multitude of legislator co-sponsors over a hundred of them eventual passage is virtually assured.  First The Joint Committee on Revenue will issue its recommendation, to wit:  Rubber-stamp the House and Senate bills with its lusty approval.  That will happen by April 24, the committee's deadline.   Then, by May 8 the Legislature must add it to its Constitutional Convention calendar.

After that's accomplished, the Legislature has until the end of its formal two-year session in July of 2020 to take the first of two votes.  The second vote in the Legislature needs to be taken by the end of the next two-year Legislative session following the 2020 election, in 2021-2022.  If approved in both two-year sessions as expected it would appear on the November 2022 statewide ballot.  If enough voters approve of this sixth attempt (on the ballot; last year's actual sixth attempt was ruled unconstitutional and prohibited from being on the ballot by the Supreme Judicial Court), Massachusetts' historic flat-tax a single tax rate for all taxpayers will be changed forever.

The House Budget at this point is somewhat encouraging.  It proposes to spend $42.7 billion almost another billion ($800 million more even before a bevy of amendments are added) more than the $41.9 billion budget that was adopted last July for the current fiscal year.  But it ignored all of Gov. Baker's proposed tax increases.  The Boston Herald reported:

"The House version of the fiscal year 2020 budget does not include an expanded tax to include e-cigarettes, an increase excise tax through property sales or the tax on gross receipts of opioids that Baker proposed in his own budget in January. Speaker Robert DeLeo said he expects those will be 'discussed at a later date.'”

At this point, the House budget does not propose any "broad-based" tax increases, but that's merely a reprieve for now.  The State House News Service (SHNS) reported:

"Speaker Robert DeLeo said Monday the budget will steer clear of major new revenue proposals 'that aren't finalized,' but promised 'further action' this year to consider new taxes or fees."

SHNS further reported:

"Hundreds of amendments are expected to be filed, including many that may propose new or higher taxes to raise additional money for state government. Revenue amendments are usually among the first to be considered during floor debate."

That House floor debate on those amendments is scheduled to begin on April 22.

The Senate cannot originate tax or fee increases in a budget unless the House does first.  If even one House amendment raising a tax or fee is included in the House budget it becomes what is termed a "money bill" which opens up the entire budget debate in both branches for further tax and fee ("revenue-generating") increases.  The Senate is ready to pounce, as the SHNS reported:

[Senate Ways and Means Committee Chairman Michael] Rodrigues said Baker's proposals will still be considered in the Senate, although he did not indicate whether he supported them, and he acknowledged that senators may file revenue-generating amendments if the budget comes to them as a "money bill."

The Legislature was challenged by this as recently as 2017, as the State House News Service then reported:

--- MONEY, MONEY, MONEY BILL: While Speaker Robert DeLeo eschewed broad-based tax increases with his budget proposal, there are provisions in the bill that make it a "money bill," opening the door for the Senate to consider taxes next month when it takes a turn producing a budget. The House bill includes a $2,000 tax credit for businesses that hire veterans, as well as reforms to how sales taxes are collected and remitted to the state. "I think we'll see what they do," Dempsey said about the possibility of the Senate adding tax increases to the budget to generate new revenue. Senate President Stanley Rosenberg last week raised the idea of a sales tax on services, which was briefly contemplated and abandoned in the early 1990s. "Any new expansion to something that it is currently not taxed is always a challenge...," Dempsey said. "Personally, I would have some concerns."

What constitutes a "money bill" was previously decided by the state Supreme Judicial Court in its advisory ruling of June 15, 2015 (CLT Update, June 17, 2015, "The Senate vs. Taxpayers").  According to the SHNS at that time:

The state's top court ruled in favor of the Senate on Monday, finding that proposed House policies had in fact made the fiscal 2016 budget bill a "money bill" and allowed the Senate to attach major tax reforms, including a suspension of the income tax rollback and an increase in tax credits for low-income families.

The advisory opinion, which was unsealed and read aloud by the clerk during Monday's House session, clears the way for the Senate's tax reform plan to become a part of ongoing budget negotiations between a six-member House and Senate conference committee.

The Supreme Judicial Court, in its opinion signed by all seven justices, found that the House's decision in its version of the budget to delay the implementation of a business tax break and expand a tax credit for land conservation opened the door for the Senate to propose additional tax policy changes.

"We are of the view that the House bill was a money bill, and that the Senate did not improperly originate a money bill," the justice's wrote in a 28-page advisory opinion.

Keep your eyes on those House amendments, folks CLT will be.  Even a single tax or fee increase in the House budget will open the floodgates in the tax-hungry Senate.

Chip Ford
Executive Director


 

– Graduated Income Tax / "Fair Share Amendment

The Boston Globe
Tuesday, April 9, 2019

A 2nd try at a surcharge on the wealthy
By Jon Chesto


Welcome to the Millionaires Tax Showdown, Part 2. It could get ugly.

The two sides last faced off in court. They’re girding for battle again on Thursday — this time before a legislative committee in the State House’s cavernous Gardner Auditorium, where lawmakers hold hearings that they know will drag on for hours. Wear comfortable clothes, folks.

In 2018, the Massachusetts Supreme Judicial Court nixed a ballot initiative that would have imposed a millionaires tax — aka the Fair Share amendment. The majority of SJC judges sided with business groups that argued the question was unconstitutional because it packs multiple subjects — a new income tax surcharge on the wealthy, increased spending on transportation and education — into a single ballot measure.

The supporters, led by the Raise Up Massachusetts coalition, have changed tactics with an important tweak. The previous proposal was submitted as a citizens’ initiative. This time, it was introduced as a petition by state lawmakers. That one change should nullify the “relatedness” argument about multiple subjects that the business associations used to block the initiative. Legislative petitions, it turns out, are allowed to contain more than one concept.

Otherwise, the song remains the same: a surcharge of 4 percentage points on the state’s income tax, for earnings above $1 million. As with the first version, the anticipated windfall — perhaps as much as $2 billion a year — would be dedicated to education and transportation purposes.

Because this surcharge requires a change to the state’s constitution, it would need majority votes in successive two-year legislative sessions before heading to the voters. The earliest you’d see it on the ballot is November 2022.

Raise Up now has home-court advantage. “Fair Share” enjoys widespread support in the Democrat-controlled Legislature already. Lawmakers, led by cosponsors Senator Jason Lewis and Representative Jim O’Day, will line up in support on Thursday. At least a dozen Raise Up members will speak in favor. Organized labor, including the powerful Service Employees International Union, helped bankroll the question last time. You can bet union members show their support in the Gardner.

The business groups know this as they head to Beacon Hill. Maybe they can persuade legislators who are on the fence. Leaders from the Massachusetts High Technology Council, Associated Industries of Massachusetts, the Massachusetts Taxpayers Foundation, and the National Federation of Independent Business — all plaintiffs in the previous lawsuit — plan to testify.

They will cite the damage seen in some high-tax states, as companies and wealthy residents vote with their feet, and will predict similar economic carnage here. (Poor Connecticut assuredly will be mentioned as a poster child for wrongheaded policies.)

Opponents will also point to the owners of small- and mid-size businesses who will suffer, particularly those whose firms have earnings that get taxed as personal income. They will remind lawmakers of the big chunk in the state budget that already depends on taxes from high-earners.

And they will question whether the newfound revenue stream will truly be dedicated to new education and transportation spending: What’s to stop the Legislature, they’ll say, from simply cutting back on the preexisting allocations for those important budget items once they have the money from the millionaires tax?

The Fair Share supporters are fired up. Many will come armed with responses to those arguments. Expect a populist theme to emerge. O’Day, for example, says he’s bracing for the challenge from the business world. The folks who have the most money, he says, often don’t want to give up a penny of it.

The business groups haven’t ruled out another lawsuit, either. But that’s a much tougher route now. Instead, their argument will more likely hinge on how well they make their case to state legislators, and then the voters. Let the fun begin.


The New Boston Post
Thursday, April 11, 2019

Massachusetts Legislators All Ears for Millionaires’ Tax
By Matt McDonald


Supporters of a 4 percent state surtax on million-dollar-plus incomes can expect a largely receptive audience when they appear before a legislative committee Thursday to stump for an amendment to the Massachusetts Constitution to establish it.

Beacon Hill leaders had their eyes on the extra revenue before the Massachusetts Supreme Judicial Court last July invalidated a ballot question slated for the November 2018 general election because it tied the tax to specific types of appropriations (education and transportation), in violation of the state constitution’s standards for a citizens’ petition statewide referendum.

Instead, supporters are back with a new version of the so-called Fair Share Amendment, this time proposing that state legislators put the measure on the ballot directly, which would avoid the restrictions on what kinds of constitutional amendments can go to the voters via citizens’ petition. If at least half of state legislators (acting as a constitutional convention) vote for the measure this current 2019-2020 legislative session and during the 2021-2022 legislative session, the measure will go to the state general election ballot in November 2022 for voters to decide.

Supporters of the so-called Millionaires’ Tax say it’s fairer for rich people to pay extra on top of the current 5.05 percent flat income tax, and they project that the surtax would raise an extra $2 billion they say is sorely needed for roads and bridges and public transportation and public schools.

Opponents don’t see what’s unfair about a flat tax rate, where those with higher incomes pay more in actual dollars than those with lower incomes. They also predict the surtax would hurt the Massachusetts economy by encouraging Massachusetts residents with high incomes to leave and stop paying income taxes in the state altogether.

These warring versions of fairness and economic effects drive the debate, but many state legislators are mostly interested in tax dollars and what projects they can steer them toward.

The Massachusetts Budget and Policy Center, which supports the Millionaires’ Tax, says that when you combine state income taxes, state sales tax, and local property taxes, households with the lowest incomes tend to pay a larger percentage of their incomes in taxes than households with higher incomes. People making less than $22,500 a year, for instance, pay about 10 percent of their incomes in those taxes, while people in the top 1 percent making $690,400 or more a year pay about 6.8 percent of their incomes in those taxes, according to a study by the Institute for Taxation and Economic Policy cited by the Massachusetts Budget and Policy Center.

The disparities lessen when considering other brackets – people making $22,500 to $41,400 pay about 8.5 percent of their incomes in those state and local taxes, compared to 8.0 percent for those making $269,800 to $680,400. Closer to the middle, the spread is also about one-half of one percentage point: The middle 20 percent, making $41,400 to $71,000, pay about 9.3 percent of their incomes to those state and local taxes; the next highest 20 percent bracket, making $71,000 to $122,600, pay about 9.4 percent, or almost the same as the bracket below it; the next highest 15 percent bracket, making $122,600 to $269,800, pay about 8.8 percent of their incomes, according to the study.

The Raise Up Massachusetts coalition sees the numbers as crying out for a tax-the-richest scheme.

“In fact, those with the highest incomes contribute the lowest percentage of their incomes, with the highest-income 1 percent of taxpayers paying the smallest share of any group. And as a result of years of systemic barriers to opportunity, Black and Latinx workers are over-represented among low-income taxpayers and underrepresented among higher-income taxpayers, meaning that our current tax system makes it relatively harder for people of color to get ahead,” said Raise Up Massachusetts in a written statement.

But Citizens for Limited Taxation doesn’t buy the fairness argument.

“We can’t conceive of how anything can possibly be more fair than every taxpayer paying an equal tax rate on whatever their income. The higher one’s income the more in taxes one pays. How can imposing a different tax rate on some and not on others by any stretch be termed ‘fair’? It is the antithesis of fair,” Citizens for Limited Taxation said in a written statement.

As for the effect, Citizens for Limited Taxation warns Massachusetts lawmakers about sticking it to rich residents, noting that New York Governor Andrew Cuomo, a liberal Democrat, in February came out against raising additional taxes on rich people in his state.

“Please recognize that assaulting “the wealthy” — the most mobile population — will only serve to motivate many of the commonwealth’s higher earners and businesses to relocate to more tax-friendly, greener pastures,” Citizens for Limited Taxation said. “… It is something you should consider carefully before rubber-stamping this proposal with your vote. When wealthier Bay State taxpayers flee, who will pick up and pay their ‘fair share’ burden, their taxes which now already provide a disproportionate amount of state revenue, and state spending?”

Raise Up Massachusetts, which supports the Millionaires’ Tax, notes that other states have graduated income tax rates that hit the highest earners at rates around the 9.05 percent proposed for Massachusetts – including New York, New Jersey, Vermont, Minnesota, Oregon, Hawaii, and California.

“There have been numerous economic studies of the effects in those other states and they have not found the negative consequences that opponents predict. On the contrary, these investments help create better economic opportunities for our residents and a transportation infrastructure that works, all of which will help attract and grow businesses in the state,” Raise Up Massachusetts said, without citing specific studies.

The group’s list doesn’t include Connecticut, which taxes lowest earners 3 percent and $1 million-plus earners 6.99 percent. Connecticut has had well-documented fiscal problems during recent years, though Republicans and Democrats argue over whether high taxes are to blame.

Skeptics about the Millionaires’ Tax, including the Massachusetts Taxpayers Foundation, note that if a significant portion of high earners in Massachusetts moved to nearby New Hampshire, which has no state income tax, tax revenues would fall dramatically in Massachusetts. But supporters say higher tax rates on millionaires in other states have brought in more money to the state than the taxes the state lost from those who left.

Paul Craney, spokesman for the Massachusetts Fiscal Alliance, which opposes the Millionaires’ Tax, noted that voters in Massachusetts have previously rejected graduated income tax schemes several times. In 1994, for instance, a proposed constitutional amendment allowing higher income tax rates on higher earners lost 65 to 28 percent.

“Historically speaking, there isn’t a ballot question less popular than the graduated income tax. Lately, it’s been marketed by proponents as a ‘surtax on high earners,’ and that has created some buzz by big government politicians. But when people discover what it really does — removing our constitutional guaranteed rights to an equal tax rate — its popularity plummets. It starts with high earners, but once that constitutional protection is removed lawmakers will have free reign and people realize that,” Craney said in a written statement.

Supporters think the electorate has changed since then. A poll in May 2018 showed strong support for the Millionaires’ Tax before the state’s highest court prevented it from going to the ballot.

But Craney said state legislators ought to concentrate on getting state government’s house in order instead of demanding more cash from certain residents.

“There are a lot of important problems that need legislative attention — we have one of the highest levels of debt per capita in the country and our healthcare costs continue to balloon to budget busting numbers. Legislators should earn their recent pay raises and work on solving those issues before trying to change the constitution to raise our taxes with tried and failed gimmicks,” Craney said.

A hearing before the state Legislature’s Joint Committee on Revenue is scheduled for 11 a.m. Thursday, April 11 at Gardner Auditorium at the Massachusetts State House in Boston.

The proposed constitutional amendment, Massachusetts Senate Bill 16, states:

Article 44 of the Massachusetts Constitution is hereby amended by adding the following paragraph at the end thereof:-

To provide the resources for quality public education and affordable public colleges and universities, and for the repair and maintenance of roads, bridges and public transportation, all revenues received in accordance with this paragraph shall be expended, subject to appropriation, only for these purposes. In addition to the taxes on income otherwise authorized under this Article, there shall be an additional tax of 4 percent on that portion of annual taxable income in excess of $1,000,000 (one million dollars) reported on any return related to those taxes. To ensure that this additional tax continues to apply only to the commonwealth’s highest income taxpayers, this $1,000,000 (one million dollars) income level shall be adjusted annually to reflect any increases in the cost of living by the same method used for federal income tax brackets. This paragraph shall apply to all tax years beginning on or after January 1, 2023.


State House News Service
Thursday, April 11, 2019

Diminished threat of legal challenge as "Millionaires Tax" returns
By Chris Lisinski


The last time activists pushed for a surtax on income above $1 million, it was more or less expected that the proposal would face a legal challenge. But now, less than a year after the Supreme Judicial Court invalidated a citizen's petition seeking a constitutional amendment to add the 4 percent surtax, proponents are confident that they can avoid the same obstacle.

The crucial difference, they explained in testimony at a Joint Committee on Revenue hearing Thursday, is that the change is now being sought directly by legislators.

Sen. Jason Lewis and Rep. Jim O'Day have filed proposed amendments (H 86 | S 16) that would add a 4 percent surtax on every dollar of personal income above $1 million.

Lewis said the change would only affect 14,000 households across the state, but would bring in as much as $2 billion per year in revenue, which, under the amendment, would be directed specifically toward growing needs in transportation and education.

While the state constitution holds that amendments proposed as citizen initiatives can only include "mutually dependent" matters, amendments filed by legislators do not have to satisfy that requirement, according to Peter Enrich, a Northeastern University law professor. The mutual dependence requirement was a test that the 2018 version drafted by the Raise Up Coalition failed, according to the SJC, because it sought to raise the tax and also allocate how the revenue would be spent.

"There is no ground for a challenge to this matter on grounds of not being sufficiently related, as was the previous metric," Enrich, who is advising the Raise Up Massachusetts coalition, said at the hearing. "I don't doubt the creativeness of those who would like to keep this off the ballot. I imagine they may come up with some (legal) arguments. But we cannot visualize what they would be, and there is no reason to think they will have any substance."

Opponents of the surtax, including those who pushed for last year's court case, offered no hint Thursday that they would pursue another lawsuit if the measure clears the committee and heads to the Constitutional Convention, where it will need the votes of 101 of the 200 members of the House and Senate in back-to-back, two-year sessions. The question could not reach the ballot until 2022.

Chris Anderson, president of the Massachusetts High Technology Council, noted in his testimony that the amendment has "different legal scrutiny" this time around.

Instead, the council and other opponents focused on trying to persuade lawmakers on the merits, arguing that a constitutionally enshrined higher income tax on top earners would prompt wealthy individuals to leave the state or cut into the viability of small businesses. Anderson warned that other states such as Maryland have seen revenue figures from similar taxes fall short of initial projections.

"Many are surprised to learn that the Commonwealth's long-term fiscal condition is relatively unstable, but a strong private economy is preventing the Commonwealth from suffering the same flight of employment, capital and tax revenue that we've seen in states like Connecticut and New Jersey," Anderson said.

Because the state constitution calls for a flat tax rate, a formal amendment is required to put a different rate on a higher income bracket.

Supporters argue the current system is "upside-down," pointing to research that indicates wealthier Massachusetts households pay a smaller overall percentage of their income in state and local taxes than do middle- and working-class ones.

"We have tremendous unmet needs in our Commonwealth that are hurting families, hurting our communities and putting the state's economic future at risk," said Lewis, who testified in support of the bill flanked by 29 other representatives and senators. "We have a choice: we can either continue to accept the status quo, or we can do something about it."

While the proposal drew support Thursday from a handful of local companies, several business groups and anti-tax organizations criticized it as overreaching.

"We can't conceive of how anything can possibly be more fair than every taxpayer paying an equal tax rate on whatever their income," the Citizens for Limited Taxation group said in a statement. "The higher one's income the more in taxes one pays. How can imposing a different tax rate on some and not on others by any stretch be termed 'fair'? It is the antithesis of fair."

Rep. Randy Hunt, Republican of Sandwich, asked "what prevents the Legislature from simply reducing what we spend now by $2 billion, and putting $2 billion on hold for other priorities of the Legislature, thus net not providing an extra penny towards transportation and education?"

Ballot-question efforts to amend the state constitution to include a graduated income tax rate, where higher earners pay a higher rate, have been unsuccessful in the second half of the 20th century. However, the most recent "millionaire's tax" proposal had been fairly popular, including on Beacon Hill. Legislators endorsed it two years in a row with 70 percent support or more support.

Public polls leading up to last year's thrown-out initiative found significant support among voters, too, as supporters pointed to a $1 billion annual shortfall in education funding and aging transportation infrastructure around the state.

If lawmakers are inclined to support the surtax through the latest legislative amendment, some action will be required quickly. The amendment must be reported out by the Joint Committee on Revenue by April 24 and then added to the Constitutional Convention calendar by May 8, but a vote would not have to take place until the end of formal sessions in July 2020.

House Speaker Robert DeLeo has said as recently as this week that he continues to support the idea of a "millionaires tax," and Senate President Karen Spilka has also supported the proposal.


The Boston Globe
Friday, April 12, 2019

Proposed tax on high earners gets warm reception on Beacon Hill
By Victoria McGrane


A measure to revive a statewide tax on high earners received a glowing reception on Beacon Hill Thursday, suggesting an easy path ahead despite staunch opposition from business groups.

“We are in desperate need for revenue for our districts,” said Senator Michael D. Brady of Brockton, one of the proposal’s more than 100 sponsors and a member of the Joint Committee on Revenue, which convened a hearing on the proposal Thursday. “We’ve got to move as swiftly and as responsibly as we can on this.”

The hearing kicked off Round Two for progressive activists and legislators pushing to create a new income tax on the state’s highest earners. Years of work on a previous ballot initiative were dashed at the eleventh hour when the Supreme Judicial Court ruled the measure was unconstitutional because it combined multiple subjects that were not related.

The goal remains the same: generate much-needed cash — supporters say $2 billion annually — to plow into education and transportation with a surcharge of 4 percentage points on the state’s income tax for earnings above $1 million.

“We have tremendous unmet needs in our Commonwealth that are hurting families, hurting our communities, and putting our state’s economic future at risk,” said Senator Jason M. Lewis of Winchester, the lead sponsor of the Senate version of the proposal. Low- and middle-income families in Massachusetts are “tapped out” with the high cost of living here, while “these super-wealthy families can afford to pay slightly higher taxes and continue living in the great state of Massachusetts,” he said.

The revival of the so-called millionaires tax comes as the Legislature has started to engage in a broader debate about how it might find more money to address a list of pressing policy concerns. Senate President Karen E. Spilka has launched a task force of outside experts to study overhauling the tax code. House Speaker Robert A. DeLeo has said “it’s all on the table” when it comes to figuring out how to address the state’s transportation difficulties and has left the door open to potentially pursuing other measures this year. Both leaders support the tax on high earners.

The earliest the tax, known as the Fair Share Amendment, could kick in is 2023, given the procedural path it must travel, since imposing it requires changing the state Constitution. The tax would need majority votes in successive two-year legislative sessions before heading to the voters; the governor would not have a say.

The previous proposal, nixed from the 2018 ballot, was submitted as a citizens’ initiative. This time the proposal was introduced as a legislative petition by Lewis and Representative Jim O’Day of West Boylston. The procedural difference, supporters and their lawyers say, should avoid the “relatedness” challenge in court, since legislative petitions don’t have to meet that standard.

The business groups that defeated the earlier proposal are mounting their fight again, though it remains to be seen if they will bring new court challenges. At Thursday’s hearing, they came armed with arguments that hiking taxes on the state’s highest earners would drive entrepreneurs — and the jobs and tax revenue they create — out of the state, as well as unfairly harm small- and mid-sized business owners whose business income passes through their individual tax returns.

“Look, we’re trying to prevent Massachusetts from becoming Connecticut,” said Christopher Anderson, president of the Massachusetts High Technology Council, referring to ongoing budget woes and population loss that Massachusetts’ neighbor to the south has suffered in recent years. Connecticut, he noted, lost more than 20,000 residents with a total adjusted gross income of $2.6 billion following tax increases in 2011 and 2015.

Christopher Carlozzi, Massachusetts state director for the National Federation of Independent Business, said the tax on high earners would mean small business owners of modest means would have to give a big chunk of their retirement nest eggs to the state when they sold their businesses. “Taxing small business . . . would strongly inhibit business growth,” he said.

Democrats on the revenue panel were not having it. Their exchanges with the business witnesses grew testy at times, with lawmakers bristling at the view put forward by some of the business officials that the state’s highest earners already pay their fair share of taxes.

“Do you suggest we tax the poor?” Representative Susannah M. Whipps, an Independent of Athol, demanded from the panel of business representatives. “I’m a business owner, I expect to pay more taxes than my employees.” Noises of approval and applause from Fair Share Amendment supporters for her words drowned out the response from a business witness.

Senator Joanne M. Comerford challenged the evidence presented by the business groups that taxes on high earners leads to economic distress, offering competing data that she said showed several states with special taxes on high incomes had strong economies.

“This is a head scratcher for me. The states with the highest concentration of millionaires have millionaires’ taxes,” she said.

Peter Enrich, a tax specialist at Northeastern University and general counsel for Raise Up Massachusetts, the coalition of labor, faith, and community groups that had brought the high-earner tax forward, said he believes the second stab at implementing it is on solid legal footing.

“I don’t doubt the creativeness of those who would like to keep this off the ballot,” said Enrich, who worked for former governors Michael Dukakis and Deval Patrick. “I imagine they will come up with some argument, but we cannot visualize what they will be and there’s no reason to think that they will have any substance.”

Supporters of the tax offered testimony about both the fairness of the approach as well as the need for the revenue it would generate.

Middle school history teacher Alex Hoyt told legislators that he was allowed the equivalent of only one sheet of paper per student each day because of budget constraints.

“No millionaire risks sliding down the ladder of opportunity because 4 percent of their income after the first million is redistributed to schools serving families who may not even make that 4 percent,” he told lawmakers. But it could mean a ladder of opportunity for the children of those families, he continued. “Please build those rungs for them. They’ll do the climbing.”


– House Budget

State House News Service
Monday, April 8, 2019

House may explore tax bill later in 2019
By Matt Murphy


With House leadership preparing to unveil its annual spending bill this week, Speaker Robert DeLeo said Monday the budget will steer clear of major new revenue proposals "that aren't finalized," but promised "further action" this year to consider new taxes or fees.

The statement from the speaker answered one of the major questions leading into Wednesday's release of the House Ways and Means budget proposal: Will House leaders embrace significant new revenues?

The answer, for now, appears to be no.

DeLeo said he has met with Majority Leader Ron Mariano, Ways and Means Chairman Aaron Michlewitz and Revenue Committee Co-Chairman Mark Cusack to discuss revenue-raising proposals, but still wanted additional feedback from other House members and outside groups.

The speaker, however, foreshadowed what could be a tax debate later in 2019. A senior House official said the speaker would prefer to take up revenue bills outside of this year's budget process, and indicated that DeLeo "intends to have the revenue issues come up for a vote within the year, pending the outcome of the committee process."

"As we head into the House budget debate, we do not believe we can craft a balanced FY20 budget based on revenue proposals that aren’t finalized and fully vetted. I look forward to further action later this year," DeLeo said in a statement to the News Service.

The Legislature meets almost year-round in the first year of the two-year session with the exception of August, when lawmakers typically take a summer break until after Labor Day, and December.

The Ways and Means Committee, newly chaired by Boston Democrat Rep. Aaron Michlewitz, will release a spending plan for fiscal 2020 on Wednesday that will be debated later this month. Hundreds of amendments are expected to be filed, including many that may propose new or higher taxes to raise additional money for state government. Revenue amendments are usually among the first to be considered during floor debate.

Whether tax-supporting House lawmakers will adjust their plans, or fight to round up support and force debate over their proposals remains to be seen in light of DeLeo's latest statement on the matter.

Following the defeat in the courts last year of a ballot question that could have raised billions by taxing income over $1 million at a higher rate, progressives have been agitating for serious consideration of other new tax and revenue generating ideas that could help pay for increased investments in education, transportation, climate change and other priorities.

The refiled "millionaires tax" can't reach the ballot until at least 2022. The speaker said he continues to support a higher income tax on individual income over $1 million, but said some of the other proposals on the table need more time to marinate.

"The House will begin to address revenue proposals in the first year of this session. While bills continue to go through the committee process, I know that the Fair Share Amendment – which I support – and transportation revenue, among other ideas, have received some early attention," DeLeo said.

In recent speeches to chambers of commerce groups, DeLeo has been asking business leaders to join the discussion and present revenue ideas they could support.

The Joint Committee on Revenue, co-chaired this session by Cusack and Sen. Adam Hinds, has only one hearing scheduled so far on April 11 to take testimony on a constitutional amendment to tax the wealthy a higher rate on income over $1 million.

Hinds is assembling a Senate working group to study the fairness of the state's tax code and look for ways to modernize the tax system. Senate President Karen Spilka has said the process could take up to two years, but she has not ruled out voting on revenue proposals in the interim.

The speaker's statement does make it entirely clear whether the Ways and Means budget will exclude all of Gov. Charlie Baker's revenue-generating ideas, including a new 15 percent tax on opioid manufacturers and expanding the cigarette excise tax to e-cigarettes and vaping products.

The governor also proposed in his January budget plan to grab $42 million by forcing online marketplaces like Amazon, eBay and Etsy to collect and remit sales taxes on purchases delivered into Massachusetts and to accelerate the process for retailers to remit sales taxes to the state, netting $306 million in fiscal 2020 in one-time additional revenues.

Baker opposes "broad based" tax increases, which his office said includes the income and sales tax rates, but has periodically gone along with and even proposed tax and fee increases on new services or products.

The governor's office said it does not have a complete list of taxes that the governor considers to be non-starters in the new revenue discussion, but he has also proposed separate legislation filed in the Senate to raise $1 billion over the next decade for climate adaptation by raising real estate transfer fees.


State House News Service
Tuesday, April 9, 2019

Senate budget chief agrees Dems should wait on taxes
By Chris Lisinski


Democratic leaders in both branches are now saying its unlikely the Legislature will pursue substantial new revenue proposals as part of next year's state budget, with Senate Ways and Means Committee Chairman Michael Rodrigues on Tuesday joining House Speaker Robert DeLeo in suggesting that those discussions should be postponed until later in the year.

DeLeo said Monday that the House's fiscal year 2020 budget set to be unveiled this week would not include significant new taxes or fees and that "further action" on revenue proposals would come instead later this year. Rodrigues echoed that approach on Tuesday, saying he is "not anxious to jump into the revenue discussion at this time" — even as Senate President Karen Spilka said the decision has not been made.

"We're not going to have time to get it done for this budget," Rodrigues told the News Service on Tuesday. "We're just not going to pull taxes out of thin air and increase them. We really need a holistic approach at taxes, at our tax code. There won't be any major changes to the tax code in the budget. We just don't have time."

Rodrigues, like DeLeo, left open the possibility that lawmakers could take up a major revenue debate outside of the budget process. He noted the Senate will convene a working group to study the state's tax code, but warned it could be "at least a year, if not longer" before that effort yields any actionable suggestions.

Lawmakers have called for a wide range of new taxes and fees to generate funding for transportation, education and more, particularly after a ballot question that would have taxed income above $1 million at a higher rate was invalidated by a court last year.

The House Ways and Means Committee will release its budget on Wednesday, queueing up debate for later in the month. The Senate will then take up the matter in May.

Gov. Charlie Baker included several new taxes in his budget, such as a 15 percent tax on opioid manufacturers and an excise tax on e-cigarettes and vaping products. The Wednesday budget release will show whether House leaders agree with him.

Rodrigues said Baker's proposals will still be considered in the Senate, although he did not indicate whether he supported them, and he acknowledged that senators may file revenue-generating amendments if the budget comes to them as a "money bill."

"We'll take them as we come," he said. "We haven't made that decision. We tend to deal with our budget collectively and as a group. We haven't even thought about that, haven't had that discussion as a Senate on how we're going to handle various amendment proposals."

Earlier on Tuesday, the Senate president said she had not yet decided on a timeline for considering additional revenues.

"We will decide when I meet with the senators as to what our approach is," Spilka said.

Spilka did, however, tout the working group, which will be chaired by Sen. Adam Hinds. In remarks at the 495/MetroWest Partnership's annual advocacy day, she said the effort will explore potentially significant updates to a tax code that has not received scrutiny in years.

"Our personal taxes, our businesses, haven't been looked at in a comprehensive way in decades," Spilka said. "In fact, I can't find when it was truly last really looked at. I believe we can do a better way of collecting taxes in a fair, more progressive way that creates a 21st-century framework where innovative, technology-driven businesses can develop and thrive — we clearly want them to thrive — but that captures new revenue."


The Boston Herald
Wednesday, April 10, 2019

House budget zaps Baker tax proposals; seeks boost in education spending
By Mary Markos


The House reported out its version of a $42.69 billion dollar budget today, eliminating many of the taxes Gov. Charlie Baker had in his own proposal and making its own attempt to address the state’s underfunded school system.

The House version of the fiscal year 2020 budget does not include an expanded tax to include e-cigarettes, an increase excise tax through property sales or the tax on gross receipts of opioids that Baker proposed in his own budget in January. Speaker Robert DeLeo said he expects those will be “discussed at a later date.”

“As is the House’s history in the past, I think that you will find this budget to be fiscally responsible,” DeLeo said in a media briefing this morning. “You will see various targeted investments in terms of growing our economy as well as making sure that we increase support for our most vulnerable residents of the Commonwealth.”

As part of the revenue projections, the House is anticipating $294 million from gaming, which includes revenue from Encore Boston Harbor, whose license is currently being weighed by regulators over the handling of sexual misconduct allegations against former CEO Steve Wynn.

“I think we are looking, watching closely what happens with Encore,” said House Ways and Means Committee Chair Aaron Micheliwtz. “It does assume that Encore is going to open up at an approximate time, I think we will just watch that closely and pay attention to that as we go forward.”

The House is recommending “historic levels of investment,” into Chapter 70 funding, Michlewitz said, proposing $5 billion in spending, $17.7 million more than Baker’s budget and $218 million more than the previous fiscal year. An additional $16.5 million would be dedicated to a low income reserve.

“We felt it was appropriate to set aside available funds as a down payment as the legislative process continues to move forward on this important issue,” Michlewitz said, referencing a number of bills that are being considered to address the education funding formula. “We are hoping to head back towards a fully funded system within the next two years.”

The House is also “hitting the reset button” on how the state handles Charter School reimbursement to “create a more predictable scale,” said Michlewitz, adding that the formula has become “substantially unsustainable.”

A $2 million dollar SHARE grant program would enhance access to social services and behavioral health services “to support students beyond their academics,” DeLeo said.

“I think that what we have learned over the years is the importance of the intertwine, shall we say, between academics and health care services and social services and the like,” DeLeo said, “and with the SHARE program, we’re doing just that.”

MassHealth spending would increase by $345 million from the previous fiscal year and a provision would be added to allow the Executive office of Health and Human Services to negotiate with drug manufacturers, similar to the governor’s bill.

“We’re hopeful that this is going to be of assistance in our efforts to try to contain costs,” DeLeo said.

One of the major differences between the governor’s proposal and the House, according to Michlewitz, is that theirs did not include a process to include the Attorney General because they felt the AG already had the tools necessary to look at the drug-pricing issue if she should chose to.

The budget, which recommends approximately $1.8 million less spending than the governor’s H1 budget, would add $260 million to the rainy day fund, bringing that account total in excess of over $2.5 billion, according to the Speaker.

The budget also proposes a $30 million dollar funding increase to nursing homes as well as the establishment of a task force to examine how they are run, a provision of $2 million to promote restaurants and $10.1 million investment in homeless student transportation.


State House News Service
Wednesday, April 10, 2019

Revenue advocates disappointed by House leaders' caution on new taxes
By Colin A. Young


The House's plan to take a wait-and-see approach on new revenues this session, rather than pursue new sources of funding in its fiscal year 2020 budget, was not well-received by two major advocacy groups Wednesday.

House leadership unveiled its $42.7 billion annual spending plan, but Speaker Robert DeLeo said consideration of new revenue proposals would take place later this session, including sports betting, extending tobacco taxes to e-cigarettes, taxing opioid manufacturers and more.

The budget proposal (H 3800), which the House is expected to debate in formal sessions the week of April 22, would boost total state spending by 3 percent over the current year's budget and includes no increases to broad-based taxes.

Marie-Frances Rivera, president of the Massachusetts Budget and Policy Center, said that her organization appreciates the "thoughtful approach" the House plans to take on revenue but panned the budget plan itself, with no associated revenue boosters, as unhelpful.

"Moving the needle on current priorities -- from education and transportation, to affordable housing and other services -- means giving serious consideration to sustainable, adequate, and progressive revenue options," Rivera said in a statement. "The House Ways and Means Committee budget proposal would make it nearly impossible for lawmakers to support our Commonwealth's priorities in any meaningful way in the coming fiscal year."

The Fund Our Future campaign, an advocacy group made up of more than two dozen labor and community organizations pushing for changes to how the state funds public schools, said the Ways and Means Committee's inclusion of $218 million in new Chapter 70 education aid and its new $16.5 million program to support low-income students is notable and laudable.

But the House is planning on addressing the school funding formula after it passes a budget, and Fund our Future said "half-measures will not be sufficient." The group pledged to continue pushing "for the major reinvestment that our students need."

"We know that students, especially in low-income urban and rural communities, need significantly greater investments than this budget provides, and they need to see those increased investments this year," the coalition said in a statement. "We hope that this budget proposal represents a down payment on the way to the massive school finance overhaul that we need to give every student a high-quality public education from preK through college."

The Massachusetts Teachers Association was also unimpressed by the plan, calling the funding for education "woefully inadequate."

"While the House budget is a modest improvement over the governor's plan, it must be amended to increase education funding. As the House debates the budget, we will continue to fight to pass bills that would require phasing in significant increases for public education over the next few years," the state's largest teachers union said in a statement.

The MTA supports legislation put forward by Sen. Sonia Chang-Diaz and Rep. Aaron Vega known as the "Promise Act," which the union called the only bill that would achieve "a once-in-a-generation opportunity to provide all students and communities with the schools they deserve."

The committee budget was well-received by members of the House's Republican caucus, which accounts for 32 of the 160 House members. Republican leaders pointed out that the budget bill "builds on the Baker-Polito Administration's commitment" to increasing local aid and school funding, and endorses the Baker-Polito administration's plan to let MassHealth directly negotiate drug prices.

"The good news for the state's taxpayers is that the budget does not impose any new broad-based taxes," North Reading Rep. Brad Jones, the House minority leader, said. "I will be working closely with the members of the House Republican Caucus over the next few days to identify potential amendments we can offer to further protect the interests of the state's taxpayers and ensure the passage of a fiscally responsible budget."

Rep. Todd Smola, the ranking Republican member of the House Ways and Means Committee, did not respond to messages from the New Service on Wednesday. Other Republican House members deferred to Smola when asked their thoughts on the committee's budget plan.

In recent years, Jones and the Republican caucus have raised concerns about the way the House conducts its multi-day budget debate. Rather than go through each of the hundreds of amendments filed by members, House leaders typically hold court with amendment sponsors in a private back room and decide amongst themselves which amendments will be adopted and which amendments members will be asked to withdraw.

The House typically consolidates dozens of amendments into packages based on subject matter that can be approved with a single vote, making it more difficult for the public and advocates to discern exactly what the House approves and what is left out of the budget. On Wednesday, Michlewitz said he and his team are still deciding how to conduct the debate.

"In terms of the actual procedure, I think we're still working on exactly what's the right way to do it," he said. "We're looking at what's previously been done and what we could add to it as well."

In a Rules Committee's order adopted Wednesday laying down the rules of the budget debate, the House agreed to exclude from consideration any amendments "that would authorize any form of illegal gaming or authorize or regulate any form of gaming not presently authorized or regulated in the commonwealth."

Amendments are due to the clerk's office by 5 p.m. on Friday and debate on the amendments will begin April 22, with those that would alter state revenue up for consideration first.

The budget proposal was rolled out a week after the Department of Revenue reported that a $292 million shortfall in state tax collections was wiped out in March thanks to monthly tax revenues that exceeded projections by $316 million, or 13.4 percent. With three months left in fiscal year 2019 -- including April, the largest month for tax collections -- Massachusetts stands $19 million above its revenue goal.

"This is in contrast with the release of the House Ways and Means budget from last year, when the year-to-date collections were actually at $892 million above benchmark," Michlewitz said. "So while we've had a nice recovery in February and March, we're still in a volatile situation."

In his letter to fellow House members, Michlewitz attributed the swing in state revenue to "volatility in the stock market, the 24 day shutdown of the Federal government, and recent changes to the Federal tax code."

Eileen McAnneny, president of the Massachusetts Taxpayers Foundation, wrote in an op-ed Wednesday that House budget managers "would be wise to proceed using conservative revenue estimates and judicious spending assumptions" to avoid having to change course later in the fiscal year.

The foundation highlighted the volatility of tax collections this year, and the challenges of forecasting the next year based on FY19 collections, in a recent brief.

"Fiscal 2019 tax revenue collections have been a roller coaster ride, careening between $323 million over benchmarks to $403 million below benchmarks over the past nine months," the business-backed organization wrote. "There is no way to know if the tax revenue roller coaster ride is over."

 

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