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CLT UPDATE
Saturday, August 31, 2019

Some legislators begin to stir


The Legislature is not expected to rush back to Beacon Hill after Labor Day, and when they get around to returning to the capitol, the fall agenda includes agreeing to landmark education funding and reform legislation, and proposing and advancing a revenue package to invest in public transportation.

The latter task is influenced by the fact that the Legislature is already advancing a $2 billion Constitutional amendment to hit the state's wealthiest residents with new income taxes to pay for transportation and education, as well as the fact that tax revenues have been gushing into state coffers.

According to the Massachusetts High Tech Council, which is resisting bids to hit businesses with new taxes, state tax revenues increased 58 percent between fiscal 2009 and fiscal 2019 and grew by $4 billion in the last two years alone.

As House leaders mull transportation revenue options, Revenue Committee Co-chair Sen. Adam Hinds will reconvene a Senate working group at the State House on Wednesday as it continues to review all state tax policies.

State House News Service
Friday, August 30, 2019
Advances - Week of Sept. 1, 2019


Business organizations that have resisted new or higher taxes to funnel more money into public transportation are hitting back at the advocacy group Raise Up Massachusetts and its call for an "economically progressive" revenue package, delivering a one-two punch as this week began.

The left-hand jab came from the Massachusetts High Technology Council, which took aim Sunday afternoon at Raise Up's "increasingly aggressive stance" in favor of raising taxes on businesses, and the Associated Industries of Massachusetts followed up Monday morning with a right cross in the form of an open letter from President and CEO John Regan.

"Thousands of hard-working Massachusetts employers, from software startups to corner grocery stores, spend every day paying their fair share to the commonwealth by providing economic opportunity and prosperity from Boston to the Berkshires," Regan wrote. "These employers understand the need to address intractable issues such as transportation and education, but they also understand that the recent examples provided by Connecticut and New Jersey prove that you cannot solve these problems by punitively taxing certain businesses or individuals."

The business groups' latest volley came in response to Raise Up's own open letter to lawmakers last week in which the organization that has been behind the proposed 4 percent surtax on income over $1 million called on businesses to contribute more towards public transit and education. Meanwhile, state lawmakers are gearing up to debate a broad transportation financing package this fall, the details of which have not been released....

In a public policy update newsletter to supporters on Sunday, the High Tech Council dismissed Raise Up's letter and its latest lobbying efforts by reiterating its long-held position that Massachusetts does not have a revenue problem.

"With tax collections rising at three times the rate of inflation over the past 10 years, it is abundantly clear that Massachusetts does not have a revenue problem despite repeated claims by some that billions in new taxes must be imposed to support state spending," the council wrote....

In his open letter to Raise Up, AIM President and CEO John Regan said that Raise Up's recent letter to lawmakers "does not comport with facts" and he detailed the ways in which the business community contributes to the state.

"Massachusetts employers provide 3.2 million private-sector jobs at a mean annual wage of $63,910 to the citizens of Massachusetts ... Massachusetts employers pay more than $3.3 billion annually in corporate excise and other state taxes, Massachusetts employers pay $4.9 billion annually in local property taxes to support schools, public safety and municipal services, Massachusetts employers pay $22.8 billion per year to provide health insurance to their employees," Regan wrote....

The High Tech Council, in its email over the weekend, took note of Raise Up's "increasingly aggressive stance" and said the advocacy group's latest lobbying is "a clear indication that they are concerned that thoughtful policymakers will realize that the Fair Share Amendment is a revenue-centric 'solution' to a revenue shortage that simply does not exist."

In June, the Legislature voted 147-48 in favor of a Constitutional amendment (H 86) that would impose a 4 percent surtax on annual household income greater than $1 million, well more than the 101 votes needed to advance to the next vote.

The so-called "millionaires tax" will need to be passed again at a Constitutional Convention in the 2021-2022 legislative session in order to go before voters on the November 2022 ballot. The amendment is required because the state's constitution currently mandates that a tax on income be applied evenly to all residents.

State House News Service
Monday, August 26, 2019
Biz groups have guard up ahead of tax debate


The Transportation Committee is gearing up for a busy fall, with public hearings on Gov. Charlie Baker's $18 billion transportation bill and legislation that would allow undocumented immigrants to receive driver's licenses and another session likely to probe Registry of Motor Vehicles failings.

Chairs Rep. William Straus and Sen. Joseph Boncore announced Tuesday that they had scheduled three hearings across September and October, two of which will feature testimony on some of the most high-profile legislation pending before the committee....

On Oct. 8, the committee will hear testimony on the $18 billion transportation borrowing bill Baker filed last month. His proposal would direct billions of dollars more to the MBTA, boost funding available for road and bridge improvements, and direct future revenue from the multi-state Transportation Climate Initiative — whose money-generating mechanics still have not been announced — to public transit....

Also on the docket for the fall is a broad debate on transportation funding, though that will likely come before the full House rather than just before the Transportation Committee. House Speaker Robert DeLeo has pledged that his branch will debate a range of revenue options when it returns.

Among the options that members have raised, DeLeo said earlier this month, is another pass at tying the state's gas tax to inflation, something that was included in a 2013 bill and then repealed by a ballot initiative a year later.

Straus has expressed support this session for increasing the gas tax as a way to generate revenue for the state's growing transportation infrastructure needs.

State House News Service
Wednesday, August 28, 2019
Transpo panel prepping for busy fall


There was a time when cheating the government on sales or meals taxes was a low-tech operation. It was no mystery why the local pizza joint had two cash registers — one whose receipts got reported, one not so much.

Times change, technology changes, but the human instinct to cheat the government, well, it goes on and on.

So at a time when many advocates for increased funding for education and transportation are looking to hike state taxes, the “leakage” of tax dollars is particularly shameful. And so is the Legislature’s reluctance to make even the most incremental changes to capture those lost tax dollars....

There are indeed multiple technologies now available to reduce fraud and get tax revenues into state coffers faster and more efficiently — allowing the “float” to accrue not to retailers but to the state treasury.

Baker was right in 2017 when he first proposed the idea. Want more money for education and transportation in a relatively painless way? Then the state should do a better job of collecting the taxes consumers are already paying.

A Boston Globe editorial
Wednesday, August 28, 2019
One way to raise revenue: crack down on tax cheats


State lawmakers continue to rack up taxpayer-funded legal bills following a wave of sexual harassment scandals on Beacon Hill, and the spending could continue as the sex assault trial of former Senate President Stanley Rosenberg’s husband Byron Hefner begins next month.

Senate President Karen Spilka and House Speaker Robert DeLeo have spent more than $500,000 on outside counsel since the #MeToo movement gripped the Golden Dome in 2017. Critics are unclear, however, whether the spending has changed the culture on Beacon Hill.

The Boston Herald
Tuesday, August 27, 2019
#MeToo forces taxpayer-funded legal bills for State House scandals
Spending could continue as Hefner trial begins


It should be called the sexual harassment tax. It’s paid by every taxpayer in the Commonwealth and it’s the money we are being required to invest in trying to make sure our elected officials don’t sexually assault the citizens or each other.

As the Herald’s Hillary Chabot reported, Senate President Karen Spilka and House Speaker Robert DeLeo have spent more than $500,000 on outside counsel since 2017.

It is hubris of the highest order and largely bureaucratic wheel-spinning.

“Whenever something scandalous happens in government, we pay for a study and suddenly someone new is hired,” said state Rep. Shaunna O’Connell (R-Taunton). “All we really need is to hold people responsible for their bad actions.”

It seems obvious to most of us, but that kind of thinking is out of favor on Beacon Hill, where accountability is a mythical concept and transparency reserved for the poor slobs who weren’t lucky enough to serve in the legislature — a body exempt from public records laws.

A Boston Herald editorial
Thursday, August 29, 2019
Taxpayer-funded legal fees are an abomination
Citizens cover costs of sexual harassment scandals


Sitting in front of a room full of people in two different shades of orange -- one on Gun Owners Action League baseball caps, the other on End Gun Violence T-shirts -- Rep. David Linsky compared receiving a firearms permit without first having to shoot a gun to earning a driver's license without ever getting behind the wheel.

By way of a rejoinder later on in Wednesday's Public Safety Committee hearing, GOAL head Jim Wallace contrasted the number of people who went to the emergency room for a firearm-related injury in 2015 (166) with those who visited after a motor vehicle accident (73,000, he said).

"So please, don't regulate guns like cars," Wallace said. "And I often joke that when you come to one of our shooting ranges, and you see a sign that says 'No texting and shooting,' then you can come talk to us about firearm safety."

With only a couple days passed since that hearing, it will likely be a while still until the committee decides what additional gun regulations it might pursue. So in the meantime, how are things looking on the regulating-cars front?

The House-Senate stalemate over distracted driving legislation is now another week staler. Advocates hoped dramatic footage of a texting-while-driving crash in Berlin would help spur lawmakers to reach a deal to ban the use of handheld devices by drivers. But nothing happened on that front this week....

September, when it arrives, will bring more activity on Beacon Hill, though signs of activity are gradually reappearing in the marbled halls and stuffy hearing rooms of the State House.

The Public Safety Committee's gun hearing was the first committee hearing since July 30, and the Transportation Committee this week sketched out a fall agenda that features hearings on driver's licenses for undocumented immigrants and a transportation borrowing bill Baker filed July 25....

State House News Service
Friday, August 30, 2019
Weekly Roundup - Goodbye August


DRIVER'S LICENSES FOR UNDOCUMENTED IMMIGRANTS: Committee on Transportation holds a hearing on legislation (H 3012/S 2061) filed by Rep. Tricia Farley-Bouvier of Pittsfield and Sen. Brendan Crighton of Lynn that would allow undocumented immigrants residing in the state to acquire driver's licenses.

The issue has not previously gained traction on Beacon Hill, but progressive lawmakers this session have renewed the push, arguing it will make the roads safer for everyone and ease stress on undocumented families.

The bill would permit all qualified residents, regardless of immigration status, to receive a standard license under the state's now-two-tiered system. The legislation would not affect federal Real ID-compliant licenses, which require proof of citizenship or lawful residence as well as a Social Security number. The bill also includes privacy protection measures. It proposes that an individual's documents could only be released by subpoena or court order and that licenses could not be the basis for prosecution.

At least 12 states, including Connecticut and Vermont, have laws in place allowing all residents to acquire some type of license or permit regardless of immigration status. The license bill is the only legislation on the docket for the Transportation Committee's hearing. (Wednesday, 10 a.m., Hearing Room B-1).

State House News Service
Friday, August 30, 2019
Advances - Week of Sept. 1, 2019


In a sign of the widening rift between Governor Charlie Baker and the state GOP, party officials have quietly dismantled the lucrative — and controversial — fund-raising operation that helped pump millions toward the second-term Republican’s two campaign victories.

The Massachusetts Victory Committee, a joint effort the MassGOP launched with the Republican National Committee in 2013, has collapsed in recent months, taking in next to no cash after raising $11 million over the previous five years.

Jim Lyons, a conservative former lawmaker elected as party chairman in January, has also scuttled the state GOP’s longtime fund-raisers, and he has questioned spending at both MassVictory and the party under Baker allies.

The moves, some in and around the party fear, could sap the long cash-strapped GOP of badly needed resources at a time when the fractures between Lyons, a President Trump supporter, and the more moderate Baker, a Trump critic, have never appeared wider....

Fissures have been forming for months between the Lyons-led party and Baker, its titular head. Under the former Andover lawmaker, the state GOP has adopted a pro-Trump tone far to the right of Baker’s more moderate brand, and Baker has retained his own staff as he mulls seeking a third term. The governor had used party employees and the MassGOP headquarters for its operations after he first took office in 2015, helping cover overhead costs as Baker raised record-breaking amounts.

Baker’s political team is also now renting a $3,000-a-month office on West Street, providing a physical example of the separation between the governor and the party apparatus.

Then, in August, the divide spilled directly in the public realm when the two sides clashed over lucrative donor databases that temporarily locked both out of the data by software giant Salesforce.com.

The party staff has since regained access to the database, according to a letter its lawyer sent Lyons roughly two weeks after they threatened legal action against the company.

The Boston Globe
Tuesday, August 27, 2019
Chasm between Baker, state GOP grows
as lucrative fund-raising operation is dismantled


Chip Ford's CLT Commentary

"The Legislature is not expected to rush back to Beacon Hill after Labor Day," the State House New Service noted, "and when they get around to returning . . ." it'll be back to business as usual, I predict.  Hopefully legislators haven't used this taxpayer-funded extended time off to scheme for another obscene pay grab immediately upon return, considering the massive $2 billion revenue surplus (over-taxation) from last fiscal year but assuredly they have used their absence to plot tax hikes.

The Gimme Lobby's current front-group, Raise Up Massachusetts comprised of the usual suspects over the past decades, is the "progressive" cabal behind the so-called "Millionaires Tax" amendment to the state constitution, which would create for the first time a state Graduated Income Tax.  Predicted to rake in $2 billion in additional revenue allegedly earmarked for "education and transportation" but we know better as always is declared still not enough.  It's pushing for even more, more, always more.  According to the State House News Service, of any new transportation tax:

Raise Up said any near-term revenue proposal must include a commitment from the Legislature to continue the work necessary to get the millionaire's tax before voters on the 2022 ballot, must be "economically progressive" to bring the share of the burden on higher-income people in line with that of lower-income residents, must raise enough revenue to meet the state's needs and must be "supported by the public and capable of surviving attempted repeal."

According to the State House News Service, longtime CLT ally, the Massachusetts High Technology Council, responded:

In a public policy update newsletter to supporters on Sunday, the High Tech Council dismissed Raise Up's letter and its latest lobbying efforts by reiterating its long-held position that Massachusetts does not have a revenue problem.

"With tax collections rising at three times the rate of inflation over the past 10 years, it is abundantly clear that Massachusetts does not have a revenue problem despite repeated claims by some that billions in new taxes must be imposed to support state spending," the council wrote.

Regardless, it appears that the "low-hanging fruit" among many legislators as a starting point will be another gas tax hike indexed to inflation again.  The voters repealed that indexing scheme attached to the last gas tax hike in 2014 with 53-47% of the vote, but when has the will of the voters ever mattered to or stopped The Best Legislature Money Can Buy?

According to a State House News Service report on August 5 ("Gas prices dip, demand down compared to last year"):

One possible remedy that some state representatives have already approached [House Speaker Robert] DeLeo to say they would support is another attempt to tie the state's gas tax to inflation.

"Some members have already approached me on it, they feel that they could support," the speaker said at a Greater Boston Chamber of Commerce breakfast in March. "It's never an easy issue to take up, but again, I think we're at a stage where if we're going to get serious about addressing this issue then everything and anything has to be on the table." . . .

Motorists pay 24 cents per gallon in state gas tax, fractions of a penny below the national average, according to the U.S. Energy Information Administration. For each gallon of gas, drivers also pay a fee of roughly 2.5 cents to support the Underground Storage Tank Petroleum Product Cleanup Fund. When all state and federal assessments are calculated in, about 45 cents of every gallon of gas pumped in Massachusetts goes to taxes or fees.

In the budget for the fiscal year that started July 1, Massachusetts is expecting to bring in $847.7 million in revenue from taxes on motor fuel, including gasoline and diesel, which is subject to the same state taxes and fees.


Meanwhile some legislators bored with so much time off have taken to holding hearings on more crazy legislation.  In one of the most firearms-restricted states in the nation the never-ending push is ongoing for even more restrictions with scores of new bills being heard this week before the Public Safety Committee.  Again, more is never enough and never will be.

The Transportation Committee will hear testimony on Wednesday on two bills to again attempt to provide Massachusetts driver's licenses to illegal aliens. Back in January at a State House rally flanked by advocates for licensing illegals, Senate sponsor Sen. Brendan Crighton (D-Lynn) said of his bill (the "Work and Family Mobility Act"):

"This is a very straightforward issue with a common-sense solution. There is simply no rational argument for prohibiting undocumented immigrants from earning their driver's licenses. These are our neighbors, these are our students, this is our workforce, our family, our friends, and these are the constituents we all represent."


This week we learned that the House and Senate have spent half a million of our dollars "money we are being required to invest in trying to make sure our elected officials don’t sexually assault the citizens or each other" as the Boston Herald described it.  And more is predicted to be squandered ahead.

But voters keep re-electing these miscreants.


The "shootout in the lifeboat" political sideshow among state Republican party leaders and Governor Baker's outside fundraising team continues to distract.  How sad for taxpayers of Massachusetts that even miniscule, the only opposition party to the overwhelming progressive political machine finds so much time and energy to fight among themselves.  But are they actually fighting among themselves as Republicans, or for survival of a Republican Party in any sense whatsoever in Massachusetts a role as any sort of opposition?

Whatever, the Progressive Democrat Machine steadily lumbers along trampling everything in its way without distraction.

Let's hope we taxpayers can all come together again to defeat or deflect The Progressive Machine's coming tax hikes assault.

And let's hope someday soon enough voters will arise from their Battered Citizen Syndrome and fight back.

Chip Ford
Executive Director


 

State House News Service
Friday, August 30, 2019

Advances - Week of Sept. 1, 2019


The Legislature is not expected to rush back to Beacon Hill after Labor Day, and when they get around to returning to the capitol, the fall agenda includes agreeing to landmark education funding and reform legislation, and proposing and advancing a revenue package to invest in public transportation.

The latter task is influenced by the fact that the Legislature is already advancing a $2 billion Constitutional amendment to hit the state's wealthiest residents with new income taxes to pay for transportation and education, as well as the fact that tax revenues have been gushing into state coffers.

According to the Massachusetts High Tech Council, which is resisting bids to hit businesses with new taxes, state tax revenues increased 58 percent between fiscal 2009 and fiscal 2019 and grew by $4 billion in the last two years alone.

As House leaders mull transportation revenue options, Revenue Committee Co-chair Sen. Adam Hinds will reconvene a Senate working group at the State House on Wednesday as it continues to review all state tax policies.

Legislative committees next week will tackle addiction and overdose-related bills and hear a push for legislation authorizing driver's licenses for undocumented immigrants. Meantime, a public safety [distracted driving] bill with overwhelming support in the House and Senate on Friday marks its 73rd day in the dark recesses of a six-member conference committee controlled by Beacon Hill Democrats....

WEDNESDAY, SEPT. 4, 2019

DRIVER'S LICENSES FOR UNDOCUMENTED IMMIGRANTS: Committee on Transportation holds a hearing on legislation (H 3012/S 2061) filed by Rep. Tricia Farley-Bouvier of Pittsfield and Sen. Brendan Crighton of Lynn that would allow undocumented immigrants residing in the state to acquire driver's licenses.

The issue has not previously gained traction on Beacon Hill, but progressive lawmakers this session have renewed the push, arguing it will make the roads safer for everyone and ease stress on undocumented families.

The bill would permit all qualified residents, regardless of immigration status, to receive a standard license under the state's now-two-tiered system. The legislation would not affect federal Real ID-compliant licenses, which require proof of citizenship or lawful residence as well as a Social Security number. The bill also includes privacy protection measures. It proposes that an individual's documents could only be released by subpoena or court order and that licenses could not be the basis for prosecution.

At least 12 states, including Connecticut and Vermont, have laws in place allowing all residents to acquire some type of license or permit regardless of immigration status. The license bill is the only legislation on the docket for the Transportation Committee's hearing. (Wednesday, 10 a.m., Hearing Room B-1) ...

SENATE REVENUE GROUP: A group convened by Senate leaders to examine state tax policy resumes its deliberation. Revenue Committee Co-chairman Sen. Adam Hinds chairs the panel. It's an open meeting. (Wednesday, 2 p.m., Room 428)


State House News Service
Monday, August 26, 2019

Biz groups have guard up ahead of tax debate
By Colin A. Young


Business organizations that have resisted new or higher taxes to funnel more money into public transportation are hitting back at the advocacy group Raise Up Massachusetts and its call for an "economically progressive" revenue package, delivering a one-two punch as this week began.

The left-hand jab came from the Massachusetts High Technology Council, which took aim Sunday afternoon at Raise Up's "increasingly aggressive stance" in favor of raising taxes on businesses, and the Associated Industries of Massachusetts followed up Monday morning with a right cross in the form of an open letter from President and CEO John Regan.

"Thousands of hard-working Massachusetts employers, from software startups to corner grocery stores, spend every day paying their fair share to the commonwealth by providing economic opportunity and prosperity from Boston to the Berkshires," Regan wrote. "These employers understand the need to address intractable issues such as transportation and education, but they also understand that the recent examples provided by Connecticut and New Jersey prove that you cannot solve these problems by punitively taxing certain businesses or individuals."

The business groups' latest volley came in response to Raise Up's own open letter to lawmakers last week in which the organization that has been behind the proposed 4 percent surtax on income over $1 million called on businesses to contribute more towards public transit and education. Meanwhile, state lawmakers are gearing up to debate a broad transportation financing package this fall, the details of which have not been released.

"Large, profitable corporations benefit greatly from a well-educated workforce and a reliable transportation system, and it's time for them to contribute themselves to fund those investments, not just ask the rest of us to pay more," Raise Up Massachusetts wrote in its letter. "The Massachusetts corporate community needs to explain just how businesses plan to do their part to fund our transportation and public education systems."

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 a public policy update newsletter to supporters on Sunday, the High Tech Council dismissed Raise Up's letter and its latest lobbying efforts by reiterating its long-held position that Massachusetts does not have a revenue problem.

"With tax collections rising at three times the rate of inflation over the past 10 years, it is abundantly clear that Massachusetts does not have a revenue problem despite repeated claims by some that billions in new taxes must be imposed to support state spending," the council wrote.

Raise Up said Monday that while it has some major differences of opinion with many business groups, most have acknowledged that the state's transportation system needs more money.

"It is alarming to see the High Tech Council continue to deny the need for revenue when the employees of high tech businesses in Massachusetts are sitting for hours on broken-down trains, they're stuck on [Interstate] 93 for hours waiting to get to work," Andrew Farnitano, spokesman for the Raise Up coalition, said. "Our high tech economy cannot work unless we fix our transportation system and clearly these incredibly profitable large corporations in the high tech industry have a role to play."

The differences in opinion come into play when discussing where that additional money should come from, Farnitano said. He said many business groups agree that more revenue is needed, but argue it should come in the form of higher user fees paid on each ride with a service like Lyft or Uber. Raise Up is "concerned about the impact of user fees on working people," Farnitano said.

Ahead of this fall's debate, Raise Up is not yet at the point of being ready to propose a specific option to raise the revenue it says the state needs, but Farnitano told the News Service the organization "want[s] to have a conversation about" higher corporate excise taxes.

"It's a shared responsibility. We think there's a role for businesses to play, this can't just be on the backs of working people and commuters," he said. "The business community needs to offer a solution of how they intend to pay. We're asking large corporations to propose how they can contribute."

In his open letter to Raise Up, AIM President and CEO John Regan said that Raise Up's recent letter to lawmakers "does not comport with facts" and he detailed the ways in which the business community contributes to the state.

"Massachusetts employers provide 3.2 million private-sector jobs at a mean annual wage of $63,910 to the citizens of Massachusetts ... Massachusetts employers pay more than $3.3 billion annually in corporate excise and other state taxes, Massachusetts employers pay $4.9 billion annually in local property taxes to support schools, public safety and municipal services, Massachusetts employers pay $22.8 billion per year to provide health insurance to their employees," Regan wrote.

If the High Tech Council was playing bad cop with its pointed language, AIM played the part of good cop Monday. Regan said he believes Raise Up's letter last week was "a serious statement of position and concern, rather than a political stunt" because he got to know the organization well during the time AIM and Raise Up worked together to reach a compromise on a paid family and medical leave program.

"We spent too many hours sitting across the bargaining table from one another for me to question the fact that you believe that businesses do not pay their fair share," Regan wrote. He later added, "I am delighted to engage in serious conversations with Raise Up and any other groups seeking to ensure the economic future of Massachusetts."

Raise Up disagrees with AIM on a lot of things, but the two organizations have worked together successfully in the past and will endeavor to do the same on this issue, Farnitano said.

"We think this is an area where there are strong differences but we can talk about those differences and we can work out solutions that involve the business community and workers coming to the table and identifying the solutions for the problems our commonwealth faces," he said.

The High Tech Council, in its email over the weekend, took note of Raise Up's "increasingly aggressive stance" and said the advocacy group's latest lobbying is "a clear indication that they are concerned that thoughtful policymakers will realize that the Fair Share Amendment is a revenue-centric 'solution' to a revenue shortage that simply does not exist."

In June, the Legislature voted 147-48 in favor of a Constitutional amendment (H 86) that would impose a 4 percent surtax on annual household income greater than $1 million, well more than the 101 votes needed to advance to the next vote.

The so-called "millionaires tax" will need to be passed again at a Constitutional Convention in the 2021-2022 legislative session in order to go before voters on the November 2022 ballot. The amendment is required because the state's constitution currently mandates that a tax on income be applied evenly to all residents.


State House News Service
Wednesday, August 28, 2019

Transpo panel prepping for busy fall
By Chris Lisinski


The Transportation Committee is gearing up for a busy fall, with public hearings on Gov. Charlie Baker's $18 billion transportation bill and legislation that would allow undocumented immigrants to receive driver's licenses and another session likely to probe Registry of Motor Vehicles failings.

Chairs Rep. William Straus and Sen. Joseph Boncore announced Tuesday that they had scheduled three hearings across September and October, two of which will feature testimony on some of the most high-profile legislation pending before the committee.

The group will meet on Sept. 4 to consider two bills (H 3012 / S 2061) that would allow undocumented immigrants who live in Massachusetts to receive standard state licenses. Similar legislation has stalled out in the past, and Gov. Charlie Baker has opposed the proposal, but supporters say the two-tiered system under the new federal Real ID regulations would accommodate the change.

On Oct. 8, the committee will hear testimony on the $18 billion transportation borrowing bill Baker filed last month. His proposal would direct billions of dollars more to the MBTA, boost funding available for road and bridge improvements, and direct future revenue from the multi-state Transportation Climate Initiative — whose money-generating mechanics still have not been announced — to public transit.

One of the most significant proposals in the bill is a $2,000-per-employee tax credit to promote telecommuting, a change that Baker said could help reduce roadway congestion.

Although a date has not yet been selected, Straus told the News Service on Monday that he also wants to host another oversight hearing to continue the committee's inquiry into a still-unfolding scandal about license suspensions the RMV failed to issue based on out-of-state driving violations.

When the committee ended its first oversight hearing after more than seven hours of grilling RMV employees and state transportation officials, three witnesses on the initial list had not been called, including a representative from Fast Enterprises LLC, which designed the Registry's record-keeping software involved in the management breakdown.

Straus said it is possible that the next hearing could expand the inquiry to further witnesses as well.

The chairs have been engaged in a testy back-and-forth with the Baker administration over access to a range of documents. Department of Transportation officials said on Aug. 15 they had provided close to 50,000 pages of materials, and on Tuesday, they said that figure is now about 500,000.

However, Straus said "significant requests" related to employees in the governor's office who may have been aware of the Registry's inability to process records still have not been handed over.

"We have no indication when the administration intends to comply with what we think are really key document areas of our request," Straus said.

Straus had previously hinted that the committee would seek subpoena authority if it did not receive full cooperation from the administration. While he did not put a hard deadline on when the committee would pull the trigger on seeking a more forceful route, he did say the committee likely will not send another request.

"I don't think we'll ever repeat the message," he said. "If need be, we would just act to ensure compliance."

Also on the docket for the fall is a broad debate on transportation funding, though that will likely come before the full House rather than just before the Transportation Committee. House Speaker Robert DeLeo has pledged that his branch will debate a range of revenue options when it returns.

Among the options that members have raised, DeLeo said earlier this month, is another pass at tying the state's gas tax to inflation, something that was included in a 2013 bill and then repealed by a ballot initiative a year later.

Straus has expressed support this session for increasing the gas tax as a way to generate revenue for the state's growing transportation infrastructure needs.

Assorted, still unnamed bills will be considered at a Sept. 17 hearing.


The Boston Globe
Wednesday, August 28, 2019

A Boston Globe editorial
One way to raise revenue: crack down on tax cheats


There was a time when cheating the government on sales or meals taxes was a low-tech operation. It was no mystery why the local pizza joint had two cash registers — one whose receipts got reported, one not so much.

Times change, technology changes, but the human instinct to cheat the government, well, it goes on and on.

So at a time when many advocates for increased funding for education and transportation are looking to hike state taxes, the “leakage” of tax dollars is particularly shameful. And so is the Legislature’s reluctance to make even the most incremental changes to capture those lost tax dollars.

Both Governor Charlie Baker and the Senate Ways and Means Committee proposed language in the 2020 state budget to outlaw tax “zappers” — known more politely as sales suppression software. But a scamming device by any other name would still rob the Massachusetts treasury of sales and meals taxes already paid by consumers but diverted by shop and restaurant owners.

A 2009 study by Richard Ainsworth of Boston University Law School, a leading authority on these pernicious little devices, estimated that fraud in the restaurant industry alone could be costing the state $600 million in lost revenue.

“If Massachusetts is indeed in need of revenue, it might do well to look for Zappers and Phantom-ware installed in the ECRs [electronic cash registers] of retail establishments that have a high volume of cash sales,” Ainsworth wrote back then.

“The physical diversion of funds into a second drawer is no longer required, and the need for manual recordkeeping of the skim is eliminated,” he added.

Our mythical pizza parlor has come into the digital age.

Not surprisingly, since that study the technology has grown ever more sophisticated, no longer the simple thumb-drive inserted into an existing system but a “fully automated manipulation of sales data,” Ainsworth wrote in a 2018 study. By that time the practice had been unearthed in a chain of Connecticut grocery stores, a chain of Michigan restaurants where the proceeds went to fund Hezbollah, strip joints (shocker, right), and, yes, a host of pizza joints.

Sure, millions of dollars have been collected after the fact, but who knows how many scams have gone undetected? And what about prevention?

At least 25 states have laws on the books that ban the sale, use, or possession of Zappers. Washington state — acting in cooperation with federal prosecutors — has already made good use of its law. The budget riders proposed by Baker and by Senate Ways and Means only provided for civil penalties (the actual tax fraud is a separate issue) of $10,000 for the user of the device or software and $25,000 for a seller of such a device for a first offense. The penalties doubled for a second offense.

This is hardly trailblazing stuff, but it would have made a good first step. Yet lawmakers couldn’t even get this much done.

But the dirty little secret of tax collection — in addition to such “leakage” — is that retailers remain happy with business as usual because the state’s leisurely pace of collections (some vendors get to hold and earn interest on the taxes consumers have paid for up to 50 days) allows them to make money on the “float.”

Massachusetts has been considering various ways of expediting that process since 2017, but a report by the Department of Revenue stopped the effort in its tracks.

“Our conclusion is that ASTR [Accelerated Sales Tax Remittance System] would provide substantial net financial benefits to the state,” the report noted, although it questioned whether a system could be implemented before the June 1, 2018, deadline in the original budget wording.

It couldn’t, and it wasn’t, but DOR also said “ASTR should be regarded as an achievable modernization goal using current technology.”

There are indeed multiple technologies now available to reduce fraud and get tax revenues into state coffers faster and more efficiently — allowing the “float” to accrue not to retailers but to the state treasury.

Baker was right in 2017 when he first proposed the idea. Want more money for education and transportation in a relatively painless way? Then the state should do a better job of collecting the taxes consumers are already paying.


The Boston Herald
Tuesday, August 27, 2019

#MeToo forces taxpayer-funded legal bills for State House scandals
Spending could continue as Hefner trial begins
By Hillary Chabot


State lawmakers continue to rack up taxpayer-funded legal bills following a wave of sexual harassment scandals on Beacon Hill, and the spending could continue as the sex assault trial of former Senate President Stanley Rosenberg’s husband Byron Hefner begins next month.

Senate President Karen Spilka and House Speaker Robert DeLeo have spent more than $500,000 on outside counsel since the #MeToo movement gripped the Golden Dome in 2017. Critics are unclear, however, whether the spending has changed the culture on Beacon Hill.

“Whenever something scandalous happens in government, we pay for a study and suddenly someone new is hired,” said state Rep. Shaunna O’Connell (R-Taunton). “All we really need is to hold people responsible for their bad actions.”

Hefner, the 32-year-old husband of disgraced former Senate President Rosenberg, will face his last pre-trial hearing Tuesday before his Sept. 11 trial on assault and battery charges. Two men allege that Hefner sexually harassed and assaulted them, sometimes only feet away from Rosenberg.

The Senate hired the law firm Hogan Lovells in 2017 to investigate whether Rosenberg broke any rules related to the alleged misconduct. The resulting report, released in April 2018, found that Rosenberg gave Hefner too much access to his Senate affairs and said he knew or should have known about Hefner’s alleged inappropriate behavior. Rosenberg stepped down after the report was released.

The Senate has paid the firm a total of $311,000 for its investigation and consulting, with payments continuing until December 2018, according to the state comptroller’s records.

Speaker DeLeo, meanwhile, paid legal counsel as recently as May in connection with his extensive #MeToo overhaul. DeLeo OK’d $240,000 to law firms Krokidas & Bluestein LLP and Foley Hoag for a report reviewing his human resource policies back in March 2018.

The report suggested the creation of an “Equal Employment Opportunity Officer” to investigate all sexual assault charges, and hiring a new Human Resource director. The House made additional payments to lawyers to help with that hiring process, said DeLeo spokeswoman Catherine Williams.

“One of the major issues that the House encountered was with the timely appointment of key personnel — including the HR Director and the EEO Officer,” said Williams. “The House’s HR Director was appointed in January 2019 and the EEO Officer was appointed in April of 2019.”

Speaker DeLeo chose not to abolish nondisclosure agreements, however, despite arguments they shield offenders and keep victims silent.

State Rep. Colleen Garry (D-Dracut) said she believes DeLeo’s policies will withstand any renewed scrutiny that may emerge because of Hefner’s trial.

“We’ve taken the issue of sexual harassment very seriously and I think we’ve made a lot of changes,” said Garry.


The Boston Herald
Thursday, August 29, 2019

A Boston Herald editorial
Taxpayer-funded legal fees are an abomination
Citizens cover costs of sexual harassment scandals


It should be called the sexual harassment tax. It’s paid by every taxpayer in the Commonwealth and it’s the money we are being required to invest in trying to make sure our elected officials don’t sexually assault the citizens or each other.

As the Herald’s Hillary Chabot reported, Senate President Karen Spilka and House Speaker Robert DeLeo have spent more than $500,000 on outside counsel since 2017.

It is hubris of the highest order and largely bureaucratic wheel-spinning.

“Whenever something scandalous happens in government, we pay for a study and suddenly someone new is hired,” said state Rep. Shaunna O’Connell (R-Taunton). “All we really need is to hold people responsible for their bad actions.”

It seems obvious to most of us, but that kind of thinking is out of favor on Beacon Hill, where accountability is a mythical concept and transparency reserved for the poor slobs who weren’t lucky enough to serve in the legislature — a body exempt from public records laws.

For an example of this process playing out, taxpayers need look no further than the sex assault trial of former Senate President Stanley Rosenberg’s husband Bryon Hefner, which begins next month. Hefner will walk into court on Sept 11 and face assault and battery charges. Two men allege that Hefner sexually harassed and assaulted them, sometimes only feet away from Rosenberg.

The Senate hired the law firm Hogan Lovells in 2017, paying them an eye-popping total of $311,000 to investigate whether Rosenberg broke any rules related to the alleged misconduct. When the report was released in April 2018, it was confirmed that Rosenberg gave Hefner too much access to his Senate affairs and that he knew or should have known about Hefner’s alleged inappropriate behavior.

Surprise, surprise. Rosenberg finally stepped down after the report came out. He could easily have saved the Commonwealth hundreds of thousands of dollars in investigations and months of his own ample salary by doing the right thing and resigning from the start.

In the meantime, the Massachusetts House is racking up its own hefty legal bills trying to figure out how not to sexually harass people, something we lowly citizens have to navigate on our own.

Speaker DeLeo paid legal counsel as recently as May in connection with his extensive #MeToo human resources overhaul. DeLeo OK’d $240,000 to law firms Krokidas & Bluestein LLP and Foley Hoag for a report reviewing his human resource policies back in March 2018.

Unsurprisingly, the report found more legal services DeLeo could have the taxpayers cover, suggesting the creation of an “Equal Employment Opportunity Officer” to investigate all sexual assault charges, and the hiring of a Human Resource director. The House made additional payments to lawyers to help with that hiring process, DeLeo spokeswoman Catherine Williams said.

Speaker DeLeo chose not to abolish nondisclosure agreements, however, despite arguments they shield offenders and keep victims silent.

State Rep. Colleen Garry (D-Dracut) said she believes DeLeo’s policies will withstand any renewed scrutiny that may emerge because of Hefner’s trial.

“We’ve taken the issue of sexual harassment very seriously and I think we’ve made a lot of changes,” Garry said.

It remains to be seen whether the policies in place actually work to reduce sexual harassment and assault in the halls of state government. But firing and voting out the obvious offenders is also an effective solution, and would certainly be cheaper.


State House News Service
Friday, August 30, 2019

Weekly Roundup - Goodbye August
By Katie Lannan


Sitting in front of a room full of people in two different shades of orange -- one on Gun Owners Action League baseball caps, the other on End Gun Violence T-shirts -- Rep. David Linsky compared receiving a firearms permit without first having to shoot a gun to earning a driver's license without ever getting behind the wheel.

By way of a rejoinder later on in Wednesday's Public Safety Committee hearing, GOAL head Jim Wallace contrasted the number of people who went to the emergency room for a firearm-related injury in 2015 (166) with those who visited after a motor vehicle accident (73,000, he said).

"So please, don't regulate guns like cars," Wallace said. "And I often joke that when you come to one of our shooting ranges, and you see a sign that says 'No texting and shooting,' then you can come talk to us about firearm safety."

With only a couple days passed since that hearing, it will likely be a while still until the committee decides what additional gun regulations it might pursue. So in the meantime, how are things looking on the regulating-cars front?

The House-Senate stalemate over distracted driving legislation is now another week staler. Advocates hoped dramatic footage of a texting-while-driving crash in Berlin would help spur lawmakers to reach a deal to ban the use of handheld devices by drivers. But nothing happened on that front this week....

September, when it arrives, will bring more activity on Beacon Hill, though signs of activity are gradually reappearing in the marbled halls and stuffy hearing rooms of the State House.

The Public Safety Committee's gun hearing was the first committee hearing since July 30, and the Transportation Committee this week sketched out a fall agenda that features hearings on driver's licenses for undocumented immigrants and a transportation borrowing bill Baker filed July 25....

As far as what those ideas and approaches might be, add it to the list of pending questions to be answered --at some point -- once Labor Day's in the rearview mirror.

A few more bullet points on that list: When will we see a school finance reform bill? What's the House's plan for new transportation revenue? What caused that infamous June Red Line derailment? Who's Baker backing for president in 2020?

Just kidding on that last one -- as the governor reminded reporters this week, he's got eyes only for his day job and isn't interested in wading into that particular fray.


The Boston Globe
Tuesday, August 27, 2019

Chasm between Baker, state GOP grows as lucrative fund-raising operation is dismantled
By Matt Stout


In a sign of the widening rift between Governor Charlie Baker and the state GOP, party officials have quietly dismantled the lucrative — and controversial — fund-raising operation that helped pump millions toward the second-term Republican’s two campaign victories.

The Massachusetts Victory Committee, a joint effort the MassGOP launched with the Republican National Committee in 2013, has collapsed in recent months, taking in next to no cash after raising $11 million over the previous five years.

Jim Lyons, a conservative former lawmaker elected as party chairman in January, has also scuttled the state GOP’s longtime fund-raisers, and he has questioned spending at both MassVictory and the party under Baker allies.

The moves, some in and around the party fear, could sap the long cash-strapped GOP of badly needed resources at a time when the fractures between Lyons, a President Trump supporter, and the more moderate Baker, a Trump critic, have never appeared wider.

“It’s clear that a successful fund-raising operation is not a priority of current MassGOP leadership,” John Cook, the finance chairman of MassVictory since 2015, wrote Monday in a scathing e-mail to state’s 80 GOP committee members. The MassVictory committee “has been closed down” — suggesting it was Lyons’ decision — and party fund-raising has badly lagged since, Cook added.

“Our GOP candidates up and down the ballot in 2020 are unlikely to receive any direct financial support from the party, and the vital programs the MassGOP pioneered over the past five years are at risk of being mothballed,” he said.

Lyons declined to respond to Cook’s e-mail, saying he’d wait to comment until after he met with an internal committee investigating the party’s spending. Lyons caught the attention of committee members when he circulated on Friday night a five-page memo scrutinizing hundreds of thousands in payments the party and MassVictory had made over multiple years to Cook and others.

But, in an earlier interview, Lyons downplayed the impact of losing MassVictory’s fund-raising stream, saying he feels “comfortable” the party is raising enough to help candidates in 2020 and that it’s exploring other opportunities to partner with the national committee.

“There’s a transition taking place,” Lyons said. “Based on our close relationship with the RNC, we believe in the long term, it will be beneficial to the party.”

According to the memo from Lyons’s team, he was told by Cook that the agreement between the MassGOP and Republican National Committee had “expired” before his election and needed his approval to be renewed.

In the months following Lyons’ election, the committee grounded to a halt, reporting just a single, $1,000 donation through the end of July. In 2018 alone, the committee had funneled nearly $1.4 million into the party’s federal account.

Under the complicated agreement, portions of MassVictory’s fund-raising went to both the MassGOP and the RNC. But the national committee would also routinely transfer lump-sum payments to the state party, which in 2018 alone mounted to $1.6 million.

The arrangement allowed individual donors to give up to $45,500 to MassVictory, far above the $5,000 cap for state-regulated political donations to the parties or the $1,000 annual limit for donations to Baker’s campaign committee.

MassVictory also had survived intense scrutiny. State campaign finance regulators determined in 2016 that the state party’s use of money raised under federal rules to help Baker slipped through a loophole in Massachusetts campaign finance law. And repeated attempts by Democrats who control the Legislature to rein in the fund-raising structure never gained traction.

Now sapped of MassVictory’s fund-raising stream, the state party’s federal account has raised roughly $470,000 through the end of July, with more than half of that — more than $270,000 — coming directly from its own state-level account.

RNC officials did not return repeated calls and e-mails about the fund-raising agreement. Jim Conroy, a senior adviser to Baker, declined to comment.

The developments, however, have left others openly questioning the direction of the party. Cook, who led fund-raising for the MassGOP before joining MassVictory, said the party is on pace for its “worst year of fund-raising since 2009” and has done little to replace the advantage that committee gave the party.

“The Chair didn’t coordinate fundraising with the Baker and Polito teams. And the Chair chose not to preserve the fundraising structure previously in place,” Cook wrote in his e-mail to committee members. “The professional finance staff that raised $15 million [over the last four years] is no longer employed by the MassGOP.”

Brent J. Andersen, the longtime party treasurer who unsuccessfully vied against Lyons for chairman this year, said that after nearly 20 years on the state committee, he will not seek reelection in March. “Lyons and his leadership team have taken actions that will have pernicious effects,” Andersen said in an e-mail to The Boston Globe.

Fissures have been forming for months between the Lyons-led party and Baker, its titular head. Under the former Andover lawmaker, the state GOP has adopted a pro-Trump tone far to the right of Baker’s more moderate brand, and Baker has retained his own staff as he mulls seeking a third term. The governor had used party employees and the MassGOP headquarters for its operations after he first took office in 2015, helping cover overhead costs as Baker raised record-breaking amounts.

Baker’s political team is also now renting a $3,000-a-month office on West Street, providing a physical example of the separation between the governor and the party apparatus.

Then, in August, the divide spilled directly in the public realm when the two sides clashed over lucrative donor databases that temporarily locked both out of the data by software giant Salesforce.com.

The party staff has since regained access to the database, according to a letter its lawyer sent Lyons roughly two weeks after they threatened legal action against the company.

 

NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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