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CLT UPDATE
Wednesday, July 10, 2019

Still no budget but dysfunction abounds


Actions have consequences, no question about it. But inaction has consequences too. And the inability of Massachusetts lawmakers to agree — in a timely fashion — on the policy details of a $42.7 billion budget for the fiscal year that began July 1 can indeed have an impact down the road....

Meanwhile, Moody’s, the credit rating agency, sent out a timely reminder last week to the handful of states beginning the fiscal year without a full-year budget in place that “late budgets are a sign of governance weakness, which, in extreme cases, can be negative for state credit quality.”

It also noted that for Massachusetts it has pretty much become standard procedure. The state has not produced an on-time budget since 2010. While a few states — including New Hampshire and Rhode Island — don’t have a final budget because they are still wrestling with gubernatorial vetoes, only Massachusetts and Ohio have failed to actually pass a budget.

As Moody’s noted, “Late budgets can also expose local governments and other downstream entities to an interruption in state payments.”

Cities and towns do indeed wait for the final word on school funding, and hundreds of programs big and small — mental health programs, or nursing homes struggling to keep their doors open — await final word on whether the fiscal year already in progress will be a lean one or one that will allow growth and expansion....

Governor Charlie Baker has put his usual not-to-worry spin on the situation, insisting that the extended budget negotiation “usually ends up producing a better product then simply getting there by June 30.” Easy for him to say — he’s got a line-item veto.

These budget negotiations began June 5, so seriously — it’s time to bring this one to a close. Those whose futures rise or fall based on that budget are entitled to know its final direction.

A Boston Globe editorial
Tuesday, July 9, 2019
State budgeteers get a warning shot


The fiscal 2020 budget and distracted driving bills remained under negotiation Wednesday morning as clerks said that neither conference committee had filed its report overnight.

House Speaker Robert DeLeo on Tuesday updated the potential House schedule for this week, advising members to also be ready for a potential formal session on Friday, should conference committees reach consensus.

State House News Service
Wednesday, July 10, 2019
Budget, driving bills remain in conference committees
By Michael P. Norton


The Senate held its session open for less than an hour Wednesday before gaveling out for a third straight day when it became apparent that an overdue state budget deal is still not ready. A Republican did not even enter the chamber until midway through a recess in Wednesday's session, which saw the Senate congratulate Eagle Scouts and discharge two bills to committees. Senators plan another informal session Thursday.

State House News Service
Senate Session - Wednesday, July 10, 2019
By Chris Lisinski


In virtually every state of the union, the new fiscal year began on July 1, and in virtually every state of the union, the legislature passed a budget before the deadline arrived. Only in Massachusetts and Ohio have lawmakers failed to put together a spending bill to fund the government for the next 12 months. The nonfeasance in both cases is egregious — crafting a budget, after all, is the legislature’s most important task.

But the reaction in the two states could hardly be more different.

In Ohio, this is the first time since 2009 that lawmakers have failed to adopt an operating budget on time. The state’s Republican governor and legislative leadership have expressed chagrin and frustration at their failure to get the job done. Leaders of the Democratic minority have excoriated the legislature for a “dereliction of duty that would get most working Ohioans sent to the unemployment line.”

But in Massachusetts, that dereliction of duty is taken for granted. Lawmakers elsewhere may do their jobs, but Beacon Hill can’t be bothered with anything as humdrum as finalizing a budget. This is the ninth year in a row that the Legislature has ignored its obligation to have a budget in place by July 1. The Bay State’s political class couldn’t care less....

Governor Charlie Baker, a nominal Republican and former corporate executive, might have been expected to take fiscal deadlines more seriously, but he merely shrugs. “I don’t have a problem with the budget being a week or two late,” he told reporters last week. If it ends up being a month or two late, he won’t have a problem with that either. “Some years the budget lands on June 22, some years it lands on July 22, some years it lands on Aug. 22,” he said serenely in 2017. “The Commonwealth still manages to find a way to function.” ...

In the real world, there is a price to be paid for disregarding deadlines. But politicians on Beacon Hill operate in a world of make-believe: They pretend to be “working diligently” and voters pretend to believe them.

Paid a handsome salary for being “full-time legislators,” most members of the Massachusetts General Court have no discernible impact on legislation. There are 200 state senators and representatives, but just six of them, meeting secretly as a conference committee, will decide on the makeup of the fiscal 2020 budget. When that budget is finally released, it will be rubber-stamped within a few hours, then sent to Baker for his signature. No lawmaker will bother to read the budget. There will be only a handful of dissenting votes. Like characters aboard the H.M.S. Pinafore, Massachusetts legislators always vote at their party’s call, and never think of thinking for themselves at all.

Why should they? Virtually every one is sure to cruise to reelection next year.

Lawmakers in this state have always been an embarrassment to democratic self-government. “In Massachusetts the worst men get into the Legislature,” Elbridge Gerry told the Constitutional Convention of 1787; the State House was a place where “men of indigence, ignorance, and baseness spare no pains, however dirty, to carry their point.” Now there are women to go along with the men, but otherwise not much has changed.

The Boston Globe
Wednesday, July 10, 2019
Bay State lawmakers blow off their deadline. So what else is new?
By Jeff Jacoby Globe


Democratic leaders declared their independence from deadlines this week as they cruised into the new fiscal year without a 12-month budget in place and heard barely a whisper of criticism from Republicans for their lateness.

The Registry of Motor Vehicles, however, could not avoid negative attention. . . .

State House News Service
Friday, July 5, 2019
Weekly Roundup - You've got mail


Hundreds more drivers have had their Massachusetts licenses suspended as a result of a review of the state's mishandling of out-of-state violation notices as Gov. Charlie Baker and his top transportation adviser announced Friday a "reprioritization" of public safety at the RMV.

Transportation Secretary Stephanie Pollack said that the licenses of 330 more drivers had been suspended since Monday, bringing the total number of drivers flagged to 846 and the total number of missed notices for serious infractions to 1,108....

"The lapses discovered at the registry are unacceptable and the consequences of these lapses have had tragic outcomes," Baker said at a Friday afternoon press conference, called on a quiet day at the capitol after the Fourth of July holiday.

Baker said the RMV serves "both an important customer service role and a critical public safety role," but is falling short in that dual mission....

"It's clear there's an immediate need to reprioritize public safety across the organization," Baker said....

Pollack said she has also decided to immediately create a new senior, deputy registrar position at the RMV focused on safety, and has already started recruiting for the role.

The Registry of Motor Vehicles' failure to review tens of thousands of out-of-state violation notices came to light after it was discovered that the commercial drivers license of a 23-year-old West Springfield man should have been suspended before he allegedly crashed his truck into a group of motorcyclists in New Hampshire last month, killing seven.

State House News Service
Friday, July 5, 2019
License suspensions piling in wake of Registry failures


As the state again begins a new fiscal year without a permanent budget, credit rating agency Moody’s said Massachusetts’ late budgets, along with six other states in similar situations, are a sign of “governance weakness.”

“Late budgets are common in Massachusetts,” according to Moody’s, which released its three-page report Wednesday. The state’s fiscal year began July 1.

A year ago, Massachusetts was the last state without a permanent spending plan by the time one finally reached the desk of Gov. Charlie Baker and was signed by him on July 26....

Lawmakers broke Wednesday for the July Fourth holiday weekend, but legislative leaders say negotiators are making progress.

The Boston Herald
Saturday, July 6, 2019
Moody’s: Massachusetts’ late budget a sign of ‘governance weakness’


The governor and House speaker each have a similar plan to provide $1 billion over 10 years to help cities and towns prepare for and adjust to climate change, though the speaker wants to borrow the money while the governor is proposing a specific tax increase to fund his program. At a hearing Monday, activists and lawmakers suggested a third option -- how about doing both?

Gov. Charlie Baker's bill (S 10) would raise the state's real estate transfer tax to generate as much as $137 million a year to protect properties and help cities and towns cope with climate change impacts, while House Speaker Robert DeLeo's bill (H 3941) would borrow the money and make the 20 years of debt payments exempt from the state's statutory debt ceiling....

Alexandra Schluntz of [Conservation Law Foundation] encouraged the Legislature to study and support other funding proposals alongside DeLeo's bill.

"The magnitude of the challenges the commonwealth faces will require significant resources beyond those proposed in this bill," she said. "GreenWorks and S 10 are complementary approaches and we need all hands on deck." ...

"Regardless of how much money we are authorized to borrow or regardless of whether or not there is a cap, climate adaptation in the next 20 to 30 years is going to require more funding than we can imagine and it's going to require a diversity of funding sources," [Steve Long, government relations director for The Nature Conservancy] said Monday. "There may be times when our economy has its ups and downs when bonding might not be as available as it is now."

Since 1989, the state has had a statutory limit in place to cap the total amount of outstanding direct state debt. The limit automatically increases by 5 percent each year and is fixed at $25.2 billion for the current fiscal year. As of Feb. 28, the state had approximately $27.44 billion in outstanding direct debt, according to state financial statements published in April, about $21.61 billion of which is subject to the debt limit.

"I believe that it should be through bonding, by and large, because I think it's a good approach," House Bonding Committee Chair Antonio Cabral said. "It doesn't mean I will not entertain other ways to find other sources of revenue to continue working on this and to expand the work, but I think it's a solid approach as long as we are serious about looking at the cap and what can be spent outside of that cap."

Rep. David Vieira [R-Falmouth], the ranking minority member of the House Bonding Committee and a member of the state's Capital Debt Affordability Committee, said he would not be OK with exempting $1 billion of borrowing from the state's bond cap unless the Legislature also implements a way to generate an equal amount of new revenue....

"I mean, here we are a few weeks after the deadline, being the last state in the country to approve a budget. Moody's smacked us a few years ago because we weren't making the consolidated net surplus transfers into the stabilization fund and now we're looking at potentially exempting a billion dollars worth of bonding without a revenue source to support it," he said.

State House News Service
Tuesday, July 9, 2019
Climate activists recommend tax-and-borrow approach


House Speaker Robert DeLeo met with the House chairmen of the ways and means, revenue and transportation committees for about two hours Wednesday morning to sketch out the broad transportation financing package expected to get a vote in the House this fall.

As congestion on the roads and unreliable service on public transportation test the patience of commuters and residents, DeLeo has indicated that he is open to tax hikes or just about any other policy prescription to address the state's critical transportation needs....

The current debate over transportation comes six years after Beacon Hill Democrats passed their last tax plan to pay for transportation, which was supposed to bring in $805 million for the system by fiscal year 2018 and generate $500 million in new revenue each year.

"This bill meets the real and immediate needs of our transportation system while minimizing the impact on our businesses and families," DeLeo said on June 26, 2013. "I am confident that we now have the resources to fund a healthy transportation system and build our economy."

Key components of the package were soon stripped. The Legislature later that year repealed its tax on software services, and voters in 2014 rejected a provision that indexed the gas tax to inflation. Straus said Wednesday that the House's consideration of a new transportation financing bill is not an acknowledgment that the 2013 law was insufficient...

Though the Senate's timeline for considering transportation financing is unclear -- Senate President Karen Spilka has appointed a working group to recommend sweeping tax policy changes for the 2021-2022 session -- Straus said Wednesday that the House will take up its own plan before the calendar flips.

"Certainly this year," he said when asked about the timing for consideration of the bill. "It's a two-year session, but the speaker has been clear that this is going to be dealt with this year, at least in the House."

State House News Service
Wednesday, July 10, 2019
DeLeo, chairs huddle to talk transportation fixes


Chip Ford's CLT Commentary

Okay, I surrender.  I've been holding off with a new Update expecting the FY 2020 budget would be finalized by now.  Since it's still a work in progress with an unknown delivery date, one of only two states still without a budget, I guess we need an update.

On July 2 — a Tuesday — the Legislature recessed for the approaching Independence Day holiday and a long, extended weekend.  They expected to return to work and a budget out of conference committee on Monday, July 8.  Still no budget in sight.  Now they're holding out hope for maybe Friday — maybe not.  Hey, no rush folks, nothing to see here.  Everyone of both parties on Beacon Hill is in lockstep, from the lowest freshman legislator to the governor all are in agreement on something for a change:  An acceptable budget simply cannot be achieved in Massachusetts by the statutory deadline, and the past nine years proves that.

That six days off wasn't vacation time.  That comes next month for a very extended period that you and I will never experience until retirement.  Meanwhile the fat salaries continue being paid to members of "The Best Legislature Money Can Buy" — the alleged full-time Legislature.

That's not to say nothing at all is being done on Bacon Hill.  The scheme to spend a billion taxpayer dollars on "climate adaptation" ("adaptation" is now the operative word, "mitigation" has become obsolete) is undergoing its own "adaption."  Whether it is to be funded through taxation (Gov. Baker's plan) or borrowing (House Speaker DeLeo's scheme), a solution has been struck among some:  Both tax and borrow, and spend more.

Only in Massachusetts is this considered somehow a compromise between Baker's "climate adaptation" bill and DeLeo's "climate adaptation" bill.


The utterly dysfunctional and disgraced Registry of Motor Vehicles is imploding.  Despite raking in more cash from fees than most if not any other state agency, still it cannot perform its basic function, its alleged purpose:  public safety.

In the CLT Update of Feb. 1, 2014 ("State revenue hikes now unilaterally imposed by MassDOT") I noted:

When reading about all the transportation department boondoggles over the past month, I wondered how the Massachusetts Department of Transportation (MassDOT) was going to pay for all the giveaways.

Now we know: through the state's cash-cow slush fund, the Registry of Motor Vehicles.

Last year's major state transportation bill swept $51 million in surplus fee revenues from the state's motor vehicle inspection "trust fund" through MassDOT over to the MBTA to help bail-out its budget crisis. "The Registry collected $550 million in revenue in 2013, including $134 million in motor vehicle inspection fees," according to the State House News Service. Now the MassDOT wants to hike the vehicle inspection fee -- an arbitrary decision which it now apparently controls -- to rake in even more.

In his May 1, 2014 Boston Herald column ("Either way, you pay") Howie Carr added:

By the way, it’s not just the gasoline tax that pays for roads and bridges.

Ever hear of the automobile excise tax? Or the 6.25 percent sales tax on automobiles bought in the commonwealth? How about the tolls? And don’t forget the Registry of Motor Vehicles — an agency that costs $60 million to run, and brings in $600 million or so every year.

"[A]n agency that costs $60 million to run, and brings in $600 million or so every year."

That's a $540 million excess profit on its $60 million operating cost, but the cash cow RMV can't handle even its most basic functions.

Only in Massachusetts is this possible — until it was exposed.

But they have a solution.  Secretary of Transportation Stephanie Pollack will "immediately create a new senior, deputy registrar position at the RMV focused on safety, and has already started recruiting for the role."

Gov. Charlie Baker is satisfied with another "nationwide search" for an additional bureaucrat to accomplish what all the others are incapable of providing:  "Secretary Pollack continues to have the full confidence of this administration."

Pollock is in charge of the collapsing MBTA as well.


Meanwhile in the shadows House Speaker Robert DeLeo is quietly meeting with his lieutenants to plot a "broad transportation financing package expected to get a vote in the House this fall."  He is "open to tax hikes or just about any other policy prescription."

Hang onto your wallets folks and suit up for battle.  Despite budget spending they intend to increase by another billion taxpayers' dollars — another Bay State "tradition" — and despite recent billion dollar annual revenue surpluses they're coming at taxpayers again, for more.

More for "climate adaption," more for "transportation infrastructure" more, more, always more.

Will voters ever decide that enough is enough and change the players, finally wake up and throw the bums out, save the commonwealth while something remains that's worth salvaging?

The situation has become akin to the "battered-wife syndrome."

Chip Ford
Executive Director


 

The Boston Globe
Tuesday, July 9, 2019

A Boston Globe editorial
State budgeteers get a warning shot


Actions have consequences, no question about it. But inaction has consequences too. And the inability of Massachusetts lawmakers to agree — in a timely fashion — on the policy details of a $42.7 billion budget for the fiscal year that began July 1 can indeed have an impact down the road.

Sure, there’s no immediate crisis — a stopgap $5 billion appropriation temporarily keeps state government afloat, while a six-member House-Senate conference committee continues to meet behind closed doors to iron out their differences.

Meanwhile, Moody’s, the credit rating agency, sent out a timely reminder last week to the handful of states beginning the fiscal year without a full-year budget in place that “late budgets are a sign of governance weakness, which, in extreme cases, can be negative for state credit quality.”

It also noted that for Massachusetts it has pretty much become standard procedure. The state has not produced an on-time budget since 2010. While a few states — including New Hampshire and Rhode Island — don’t have a final budget because they are still wrestling with gubernatorial vetoes, only Massachusetts and Ohio have failed to actually pass a budget.

As Moody’s noted, “Late budgets can also expose local governments and other downstream entities to an interruption in state payments.”

Cities and towns do indeed wait for the final word on school funding, and hundreds of programs big and small — mental health programs, or nursing homes struggling to keep their doors open — await final word on whether the fiscal year already in progress will be a lean one or one that will allow growth and expansion.

It’s true that there are some important policy differences in the House and Senate versions of the budget — differences and initiatives worth fighting for.

High on that list of policy proposals worth the fight is the Senate’s approach to controlling prescription drug costs, especially those paid for under the state’s Medicaid program. The Senate proposal has teeth and it has transparency and, therefore, could save an estimated $70 million a year. The House version, well, isn’t even close.

The Senate budget would also add a new tax on vaping products and on opioid manufacturers — both items contained in the governor’s budget, but dropped by the House. The tax on vaping products is estimated to bring in $24 million a year but its nonmonetary benefits are as obvious as they are huge. The opioid excise tax would generate $14 million that could make a small dent in the social costs of the epidemic such drugs have helped spawn.

The different approaches taken to K-12 education funding by the House and Senate could ultimately be resolved in the ongoing Education Committee negotiations over a new funding formula, although the $50 million boost in Chapter 70 funds in the Senate version could make that a little easier.

The Senate did, however, go too far with its attempt to micromanage operations at the University of Massachusetts by freezing tuition and fees. Perhaps the warning shot across the bow of UMass President Marty Meehan is sufficient.

Both House Ways and Means Chair Aaron Michlewitz and his Senate counterpart Michael Rodrigues are new to their respective leadership posts, but it’s also true that neither is a novice.

Governor Charlie Baker has put his usual not-to-worry spin on the situation, insisting that the extended budget negotiation “usually ends up producing a better product then simply getting there by June 30.” Easy for him to say — he’s got a line-item veto.

These budget negotiations began June 5, so seriously — it’s time to bring this one to a close. Those whose futures rise or fall based on that budget are entitled to know its final direction.


The Boston Globe
Wednesday, July 10, 2019

Bay State lawmakers blow off their deadline. So what else is new?
By Jeff Jacoby, Globe Columnist


In virtually every state of the union, the new fiscal year began on July 1, and in virtually every state of the union, the legislature passed a budget before the deadline arrived. Only in Massachusetts and Ohio have lawmakers failed to put together a spending bill to fund the government for the next 12 months. The nonfeasance in both cases is egregious — crafting a budget, after all, is the legislature’s most important task.

But the reaction in the two states could hardly be more different.

In Ohio, this is the first time since 2009 that lawmakers have failed to adopt an operating budget on time. The state’s Republican governor and legislative leadership have expressed chagrin and frustration at their failure to get the job done. Leaders of the Democratic minority have excoriated the legislature for a “dereliction of duty that would get most working Ohioans sent to the unemployment line.”

But in Massachusetts, that dereliction of duty is taken for granted. Lawmakers elsewhere may do their jobs, but Beacon Hill can’t be bothered with anything as humdrum as finalizing a budget. This is the ninth year in a row that the Legislature has ignored its obligation to have a budget in place by July 1. The Bay State’s political class couldn’t care less.

Democratic House speaker Robert DeLeo blithely acknowledged on Monday that he and his colleagues are still “haggling” over the budget, then claimed, ludicrously, that they have “a proud history of getting things done.” Equally risible was Senate president Karen Spilka’s assurance that her chamber “has been working diligently since January,” despite the absence of any budget to show for it.

Governor Charlie Baker, a nominal Republican and former corporate executive, might have been expected to take fiscal deadlines more seriously, but he merely shrugs. “I don’t have a problem with the budget being a week or two late,” he told reporters last week. If it ends up being a month or two late, he won’t have a problem with that either. “Some years the budget lands on June 22, some years it lands on July 22, some years it lands on Aug. 22,” he said serenely in 2017. “The Commonwealth still manages to find a way to function.”

The Commonwealth will also manage to find a way to function if you flout the deadline for filing your state income tax returns, but that won’t shield you from hefty interest charges and late fees. Your insurance company will manage to find a way to function if you fail to pay your homeowner’s or term life premium, but your coverage will still be cancelled. Visa and Discover will manage to find a way to function if you blow off your payment due date by a month or two, but don’t expect your credit score to remain unscathed.

In the real world, there is a price to be paid for disregarding deadlines. But politicians on Beacon Hill operate in a world of make-believe: They pretend to be “working diligently” and voters pretend to believe them.

Paid a handsome salary for being “full-time legislators,” most members of the Massachusetts General Court have no discernible impact on legislation. There are 200 state senators and representatives, but just six of them, meeting secretly as a conference committee, will decide on the makeup of the fiscal 2020 budget. When that budget is finally released, it will be rubber-stamped within a few hours, then sent to Baker for his signature. No lawmaker will bother to read the budget. There will be only a handful of dissenting votes. Like characters aboard the H.M.S. Pinafore, Massachusetts legislators always vote at their party’s call, and never think of thinking for themselves at all.

Why should they? Virtually every one is sure to cruise to reelection next year.

Lawmakers in this state have always been an embarrassment to democratic self-government. “In Massachusetts the worst men get into the Legislature,” Elbridge Gerry told the Constitutional Convention of 1787; the State House was a place where “men of indigence, ignorance, and baseness spare no pains, however dirty, to carry their point.” Now there are women to go along with the men, but otherwise not much has changed.

To subscribe to Jeff Jacoby's free weekly newsletter, Arguable, click here


State House News Service
Friday, July 5, 2019

Weekly Roundup - You've got mail
Recap and analysis of the week in state government
By Matt Murphy


Democratic leaders declared their independence from deadlines this week as they cruised into the new fiscal year without a 12-month budget in place and heard barely a whisper of criticism from Republicans for their lateness.

The Registry of Motor Vehicles, however, could not avoid negative attention.

Gov. Charlie Baker, back from London in time to celebrate the Fourth of July, called a press conference Monday to explain how the RMV had let tens of thousands of warnings from other states about Massachusetts drivers go unreviewed as the paper notices were piled into boxes and left in a Quincy storage room....Regardless of who might be to blame the RMV lapse, no one was pointing any fingers over the late fiscal 2020 state budget.

Baker said he was far more concerned with legislative leaders working smarter, not faster, and said he was willing to wait if it meant a better "work product."

"I don't have a problem with the budget being a week or two late," Baker said on Monday, the first day of the new fiscal year.

And legislative negotiators appear ready to put that statement to the test.

Rep. Aaron Michlewitz and Sen. Michael Rodrigues took their deliberations over a nearly $43 billion annual budget into the long holiday weekend with it looking likely July 9 could be the earliest the branches get asked to vote on a compromise plan.

Senate Minority Leader Bruce Tarr said at this point he's "concerned" but not "alarmed," and House Minority Leader Brad Jones has taken to mocking the lateness each day on Twitter, but not threatening much else.

It helps that Lt. Gov. Karyn Polito last week signed an interim $5 billion budget bill to keep government running through July. That means state beaches will be open, food benefits will be paid and the trains will be running, to the extent you can count on them any other day.

But after nine straight years of blown July 1 deadlines, it can become desensitizing, especially with no one threatening a government shutdown or being punished at the polls for tardiness.

"We really should be working in a way that tries to make sure it's the exception and not the rule, and I would say we're getting closer to making it the rule instead of the exception," Jones said.

STORY OF THE WEEK: At the RMV, it's worse than we thought.


State House News Service
Friday, July 5, 2019

License suspensions piling in wake of Registry failures
By Matt Murphy


Hundreds more drivers have had their Massachusetts licenses suspended as a result of a review of the state's mishandling of out-of-state violation notices as Gov. Charlie Baker and his top transportation adviser announced Friday a "reprioritization" of public safety at the RMV.

Transportation Secretary Stephanie Pollack said that the licenses of 330 more drivers had been suspended since Monday, bringing the total number of drivers flagged to 846 and the total number of missed notices for serious infractions to 1,108.

The out-of-state notices that have led to the 846 new driving suspensions have been for violations that include operating under the influence, refusal to take a breathalyzer or motor vehicle homicide. New notices arriving from other states are now being processed within one business day, Pollack said.

"The lapses discovered at the registry are unacceptable and the consequences of these lapses have had tragic outcomes," Baker said at a Friday afternoon press conference, called on a quiet day at the capitol after the Fourth of July holiday.

Baker said the RMV serves "both an important customer service role and a critical public safety role," but is falling short in that dual mission.

"The initial review has revealed that the organization has struggled to balance the necessary and appropriate focus, prioritization and allocation of resources to these two missions and this has contributed to create an environment that allowed for the failures that have since been identified," he said.

"It's clear there's an immediate need to reprioritize public safety across the organization," Baker said.

Baker said he is working on legislation to make the state's commercial driving license requirements "more stringent," and he and Pollack said the administration has hired Grant Thornton, a national auditing and accounting firm, to investigate why the RMV in March 2018 appears to have stopped regularly reviewing out-of-state violation notices.

Auditors have already met with members of the staff, Pollack said, and will be on site Monday to begin the review with plans to issue a 30-day interim report and a final report within 60 days. Their investigation will include an examination of the processes in place at the RMV for reviewing out-of-state notices and recommendations on how to overhaul the agency, Baker said.

Pollack said she has also decided to immediately create a new senior, deputy registrar position at the RMV focused on safety, and has already started recruiting for the role.

The Registry of Motor Vehicles' failure to review tens of thousands of out-of-state violation notices came to light after it was discovered that the commercial drivers license of a 23-year-old West Springfield man should have been suspended before he allegedly crashed his truck into a group of motorcyclists in New Hampshire last month, killing seven.

Information provided by the state of Connecticut about Volodymyr Zhukovskyy's driving history should have triggered an automatic license suspension, but went unprocessed by the RMV.

After RMV Registrar Erin Deveney resigned last week in the fallout from the New Hampshire crash, Baker and Pollack on Monday revealed that the RMV had found thousands of unreviewed notices from other states collected in 53 mail bins in a Quincy storage room.

Pollack said Friday that over the course of week staff had searched every RMV occupied office and building for additional notices. Five more boxes were found in Quincy and have since been reviewed.

Officials also found 72 "properly labeled boxes" at the RMV's archives in Concord, and could not verify that all of the violation notices dating back to 2011 had been processed. The review of the archived notices is ongoing, but Pollack said so far 168 suspension notices have been discovered resulting in 130 drivers being newly suspended.

"Their work continued and will be ongoing in the days and weeks ahead," Pollack said.

To put the violation of license suspensions in context, Pollack said that the RMV suspends about 230,000 licenses a year. In May alone, roughly 3,000 licenses were suspended for in-state operating under the influence or refusal to take a chemical breath test.

The state is also working with the National Driver Registry and the American Association of Motor Vehicle Administrators to review all 5.2 million licenses in Massachusetts, and Pollack said that testing of the check system is underway and the review will begin on July 15.

The trouble at the RMV is just the latest controversy to beset the Massachusetts Department of Transportation where the performance problems of the MBTA have been well documented, but Baker said Pollack has not lost his trust to fix the problems.

"Secretary Pollack continues to have the full confidence of this administration," Baker said.

Pollack said that of the 846 drivers who have been suspended as a result of the ongoing review she was "not aware of any at this time" who had been involved in additional tragedies when they shouldn't have been driving.


The Boston Herald
Saturday, July 6, 2019

Moody’s: Massachusetts’ late budget a sign of ‘governance weakness’
By Jonathan Ng


As the state again begins a new fiscal year without a permanent budget, credit rating agency Moody’s said Massachusetts’ late budgets, along with six other states in similar situations, are a sign of “governance weakness.”

“Late budgets are common in Massachusetts,” according to Moody’s, which released its three-page report Wednesday. The state’s fiscal year began July 1.

A year ago, Massachusetts was the last state without a permanent spending plan by the time one finally reached the desk of Gov. Charlie Baker and was signed by him on July 26.

“This year, the commonwealth joined a number of other states in debate over education funding. Legislators are having difficulty reaching consensus on whether to freeze tuition and fees at state colleges and universities, among other issues,” according to Moody’s.

The House and Senate budget bills contain many similarities but take different approaches in key areas, including school aid, prescription drug price controls, a tuition and fee freeze at the University of Massachusetts, aid to the struggling nursing home industry, and new taxes on vaping products and opioid manufacturers.

“Massachusetts, however, has a well-established practice of enacting a temporary budget, giving the commonwealth an additional month to enact a final budget,” the report states, in reference to the $5 billion interim budget Lt. Gov. Karyn Polito signed last week to keep state government open.

Last week, Baker declined to criticize the Democratic-controlled Legislature for a late state budget.

“I don’t have a problem with the budget being a week or two late,” Baker told reporters after meeting with legislative leaders last week. “I care a lot more about the quality of work product and the completeness of that work product and giving people the ability to do the stuff that they need to do depending on where we are to finish the process.”

Lawmakers broke Wednesday for the July Fourth holiday weekend, but legislative leaders say negotiators are making progress.

House officials said the four Democrats and two Republicans on the budget conference committee — led by Sen. Michael Rodrigues and Rep. Aaron Michlewitz — planned to continue talks through the Fourth of July holiday and this weekend, with an eye toward reaching a final compromise next week.


State House News Service
Tuesday, July 9, 2019

Climate activists recommend tax-and-borrow approach
By Colin A. Young


The governor and House speaker each have a similar plan to provide $1 billion over 10 years to help cities and towns prepare for and adjust to climate change, though the speaker wants to borrow the money while the governor is proposing a specific tax increase to fund his program. At a hearing Monday, activists and lawmakers suggested a third option -- how about doing both?

Gov. Charlie Baker's bill (S 10) would raise the state's real estate transfer tax to generate as much as $137 million a year to protect properties and help cities and towns cope with climate change impacts, while House Speaker Robert DeLeo's bill (H 3941) would borrow the money and make the 20 years of debt payments exempt from the state's statutory debt ceiling.

The speaker's bill, which was filed by Rep. Thomas Golden and redrafted by the Telecommunications, Utilities and Energy Committee, got a warm reception from environmental groups, realtors and municipalities at a House Committee on Bonding, Capital Expenditures and State Assets on Monday morning, though some said the scope of the problem is greater than either bill is able to address singlehandedly.

"Ideally, our coalition would like to see a combined bill that brings together the best elements of each proposal," Steve Long, government relations director for The Nature Conservancy, said as he testified alongside officials from the Rivers Alliance and the Conservation Law Foundation. Long said he likes the speaker's proposal, dubbed GreenWorks, because "it gets really specific about how the money would be spent" and likes Baker's proposal "in that it suggests a new source of revenue."

Alexandra Schluntz of CLF encouraged the Legislature to study and support other funding proposals alongside DeLeo's bill.

"The magnitude of the challenges the commonwealth faces will require significant resources beyond those proposed in this bill," she said. "GreenWorks and S 10 are complementary approaches and we need all hands on deck."

The DeLeo plan would create the GreenWorks infrastructure program and allocate $1 billion over 10 years via grants through the Executive Office of Energy and Environmental Affairs. Baker's plan is to generate new revenue to help cities and towns address their vulnerabilities by raising the state's deeds excise from $2.28 to $3.42 for every $500 of the sale price of a property.

Baker said last month that he proposed to create an "expendable trust" because it allows more flexibility than borrowing would in how the money is used. Borrowed money, Baker said, has "very defined terms in state finance law with respect to what you can use it for."

"Regardless of how much money we are authorized to borrow or regardless of whether or not there is a cap, climate adaptation in the next 20 to 30 years is going to require more funding than we can imagine and it's going to require a diversity of funding sources," Long said Monday. "There may be times when our economy has its ups and downs when bonding might not be as available as it is now."

Since 1989, the state has had a statutory limit in place to cap the total amount of outstanding direct state debt. The limit automatically increases by 5 percent each year and is fixed at $25.2 billion for the current fiscal year. As of Feb. 28, the state had approximately $27.44 billion in outstanding direct debt, according to state financial statements published in April, about $21.61 billion of which is subject to the debt limit.

"I believe that it should be through bonding, by and large, because I think it's a good approach," House Bonding Committee Chair Antonio Cabral said. "It doesn't mean I will not entertain other ways to find other sources of revenue to continue working on this and to expand the work, but I think it's a solid approach as long as we are serious about looking at the cap and what can be spent outside of that cap."

Rep. David Vieira, the ranking minority member of the House Bonding Committee and a member of the state's Capital Debt Affordability Committee, said he would not be OK with exempting $1 billion of borrowing from the state's bond cap unless the Legislature also implements a way to generate an equal amount of new revenue.

"I would be comfortable allowing a general bond cap exemption for up to a billion dollars here if we had an identified revenue source for an additional billion dollars," the Falmouth Republican said. "Otherwise, I think that we should authorize these programs but have them subject to existing bond caps if we don't have the new revenue identified."

Vieira then invoked the state's late fiscal year 2020 budget -- the fiscal year began last Monday but legislative leaders have not agreed on a consensus spending plan -- and questioned the financial prudence of simply not counting the $1 billion in borrowing against the state's debt allowance.

"I mean, here we are a few weeks after the deadline, being the last state in the country to approve a budget. Moody's smacked us a few years ago because we weren't making the consolidated net surplus transfers into the stabilization fund and now we're looking at potentially exempting a billion dollars worth of bonding without a revenue source to support it," he said.

DeLeo has said he wants a vote on his bill in the House before lawmakers take a summer recess at the end of this month. The governor's bill, if it emerges from committee, could be bound for the Senate. Asked Monday, Senate President Karen Spilka did not show her cards on the bonding-versus-tax increase question.

"We will take a look, I will discuss this with my chairs and the other senators," she said.


State House News Service
Wednesday, July 10, 2019

DeLeo, chairs huddle to talk transportation fixes
By Colin A. Young


House Speaker Robert DeLeo met with the House chairmen of the ways and means, revenue and transportation committees for about two hours Wednesday morning to sketch out the broad transportation financing package expected to get a vote in the House this fall.

As congestion on the roads and unreliable service on public transportation test the patience of commuters and residents, DeLeo has indicated that he is open to tax hikes or just about any other policy prescription to address the state's critical transportation needs.

After Wednesday's meeting in the speaker's office, Revenue Committee Chair Mark Cusack and Transportation Chair William Straus said the House's transportation revenue package will touch upon all modes of transit: the MBTA, regional transit authorities, road and bridge funding and more. The details, including potential approaches to raising revenue to fund transportation projects, have not yet been decided.

"There are different options we're constantly looking at, we're not taking anything off the table at this point. Clearly, transportation, it's in crisis," Cusack, a Braintree Democrat, said. "It took me over an hour to travel 11 miles this morning and the T would have been no better. We are in a real crisis for transportation. No one's commute has gotten better unless you retired."

The eventual transportation revenue package, Cusack said, will be "a multi-pronged solution here, revenue solution, to really improve transportation throughout the commonwealth."

Straus said it is important, as lawmakers begin to shape their transportation package, that business groups and others chime in with their thoughts, concerns and desires.

"We had a broad discussion with options out there. We want that broad discussion, but I think part of it now requires that we hear from the public. That includes different segments of the public, the business community -- they need to weigh in in the channels that are available as to what they want from the transportation system," he said. "This is a good time, an important time, for the public to weigh in as well."

Business groups have increasingly decried the Boston area's public transportation woes as a hindrance to economic growth. Traffic and congestion on the roads make for long and frustrating commutes by car, and the unpredictable nature of public transportation frequently makes workers late to their jobs.

In April, two dozen business groups banded together to promote a statewide agenda for transportation as the Massachusetts Business Coalition on Transportation, including the Greater Boston Chamber of Commerce, Worcester Regional Chamber of Commerce, Cape Cod Chamber of Commerce and Western Massachusetts Economic Development Council.

Some members of that group, including Worcester chamber head and former Lt. Gov. Tim Murray, were at the State House on Wednesday to meet with House and Senate leadership about transportation issues.

In February, A Better City released a report detailing an $8.4 billion shortfall in revenues needed to ensure state roads, bridges, and MBTA infrastructure are in a state of good repair over the next 10 years.

The current debate over transportation comes six years after Beacon Hill Democrats passed their last tax plan to pay for transportation, which was supposed to bring in $805 million for the system by fiscal year 2018 and generate $500 million in new revenue each year.

"This bill meets the real and immediate needs of our transportation system while minimizing the impact on our businesses and families," DeLeo said on June 26, 2013. "I am confident that we now have the resources to fund a healthy transportation system and build our economy."

Key components of the package were soon stripped. The Legislature later that year repealed its tax on software services, and voters in 2014 rejected a provision that indexed the gas tax to inflation. Straus said Wednesday that the House's consideration of a new transportation financing bill is not an acknowledgment that the 2013 law was insufficient.

"There's never a year we're not in need of discussing transportation. A few years ago we dealt with it as we thought we could. Part of the initiative at that time was rejected by the voters, that's the automatic indexing of the gas tax, but the transportation needs are still out there," he said.

Though the Senate's timeline for considering transportation financing is unclear -- Senate President Karen Spilka has appointed a working group to recommend sweeping tax policy changes for the 2021-2022 session -- Straus said Wednesday that the House will take up its own plan before the calendar flips.

"Certainly this year," he said when asked about the timing for consideration of the bill. "It's a two-year session, but the speaker has been clear that this is going to be dealt with this year, at least in the House."

 

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