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CLT UPDATE
Sunday, September 29, 2019

Another Mass. Democrat Party power-grab, and a new tax


A bill overhauling campaign finance rules for legislative candidates passed the House on Tuesday over the objection of Republicans and a small number of Democrats who saw the move as a "power play" by leaders to further limit the influence of Republicans on Beacon Hill.

While many Republicans cheered the proposed switch to a reporting system that would require more frequent disclosures of campaign fundraising and spending, GOP leaders objected to changes in the way the director of the Office of Campaign and Political Finance is chosen....

"I think taking party chairs, both Democrats and Republicans, out of the process is depoliticizing the process. I think it's the right thing to do," [House Speaker Robert DeLeo] said.

Critics, however, said the reform had the potential to silence Republicans, with no guarantee that anyone in charge of hiring the state's top campaign finance regulator was a member of the state's second largest political party.

The bill passed 121-35.

"We have a system that has worked for half a century in Massachusetts, but now, because of personality or a potential personality problem, we need to go change it?" asked House Minority Leader Brad Jones.

Jones appeared to be making reference to new MassGOP Chairman Jim Lyons, a conservative firebrand and former member of the House who has, at times, been to the right of and at odds with prominent members of his party, including Gov. Charlie Baker.

Rep. Marc Lombardo, a Billerica Republican, also suggested that changes to the hiring process at OCPF were added because Democratic leaders "don't like" Lyons.

"The deck is already stacked," Lombardo complained, gesturing to the voting boards as an illustration of the imbalance of power in the House. "This really is ridiculous." ...

[House Minority Leader Brad Jones] and other Republicans filed amendments to either keep components of the current system, or ensure that a Republican has a seat on the new commission. "This can be weaponized," warned Rep. Shawn Dooley, a Norfolk Republican.

State House News Service
Wednesday, September 25, 2019
House approves campaign $$$ reporting, OCPF changes


Office of Campaign and Political Finance Director Michael Sullivan is just setting out on a six-year term but confirmed to the News Service that he plans to retire sometime this fiscal year. Under current law, Gus Bickford and James Lyons, chairs of the state Democratic and Republican parties, respectively, have veto power over the appointment of Sullivan's successor.

But it appears Democrats on Beacon Hill are worried about Lyons, so they are rewriting the appointment statute to take both party chairs out of the appointment equation. Their proposal to create a new, five-member commission to find a director cleared the House this week along partisan lines and over protests from Republicans.

Speaker Robert DeLeo on Friday afternoon released a vociferous defense of the bill, arguing that it would take partisanship out of the process. The statement came after DeLeo said he was "disheartened to see the merits of bipartisanship weaponized for political points during the debate on Wednesday."

"The OCPF, like the State Ethics Commission, should be devoid of partisan politics and under no circumstances should seats on a state commission charged with appointing a state official with enforcement powers be specifically reserved for members of any political party," DeLeo said.

The House bill also moves many candidates and officeholders into a new system where they would report campaign finance activity more frequently. Senate leaders have not signaled when they will take up the bill, but it suddenly appears this is an issue that Beacon Hill Democrats are eager to address. Sullivan has been OCPF director since 1994, so his departure alone will force new leadership at the agency for the first time in 25 years.

State House News Service
Friday, September 27, 2019
Advances - Week of Sept. 29, 2019


Tuesday is Oct. 1, and a new tax is scheduled to hit employees to help fund the state's paid family and medical leave law. To fund the program that's meant to help people navigate crises without putting their finances and wellbeing in peril, the state will begin collecting a 0.75 percent payroll tax.

Of the total amount that will be deducted through the payroll tax, 82.5 percent is meant to fund medical leave benefits and the remaining 17.5 percent will be directed to family leave benefits. Workers can be responsible for contributing the entirety of the family leave funding, but can only be responsible to pay up to 40 percent of the medical leave funding with the rest coming from employers.

The Department of Family and Medical Leave (DFML) says that for every $100 a worker earns, a maximum of 38 cents will be deducted -- up to 25 cents to cover the worker's medical leave contribution and up to 13 cents to cover the employee's family leave contribution. Only a worker's first $132,900 in annual earnings will be subject to the payroll tax, DFML said.

The new paid family and medical leave law, part of the June 2018 "grand bargain" law, calls for up to 12 weeks of job-protected paid leave to care for a seriously ill or injured family member, to care for a new child, or to meet family needs arising from a family member's active-duty military service. It also authorizes up to 20 weeks of job-protected paid leave to recover from a worker's own serious illness or injury, or to care for a seriously ill or injured service member.

Benefits will become available on Jan. 1, 2021 for workers seeking time off to bond with a new child, take care of a sick or injured service member or to tend to a serious personal health condition. On July 1, 2021, benefits will be made available for workers to care for a family member with a serious health condition.

State House News Service
Friday, September 27, 2019
Advances - Week of Sept. 29, 2019


The payroll tax to support the state’s paid family and medical leave program goes into effect Tuesday — renewing concerns among fiscal conservatives and members of the business community about the hit on workers’ take-home pay.

The Department of Family and Medical Leave program — passed as part of a “grand bargain” in 2018 that also included raising the minimum wage to $15 — won’t kick in until January 2021.

But its funding mechanism, a payroll tax of 0.75% on workers’ earnings up to $132,900, begins Tuesday after a three-month delay.

“Any time you reduce discretionary income of employees, that’s a concern because you want money in the paycheck, you want it to be take-home pay and you want it to be spent out in the economy,” said Jon Hurst, president of the Retailers Association of Massachusetts....

Hurst said getting employers up to speed on the new tax was hard enough — let alone the employees who are about to feel its effects.

“If you believe in mandated leave benefits, then you’re probably OK with it,” Hurst said. “If you don’t believe in that mandate, coming out of your paycheck, being taxed to pay for someone else’s leave, you probably don’t like the concept.”

The Boston Herald
Sunday, September 29, 2019
Business advocates on new payroll tax for paid family, medical leave:
‘You’re going to feel’ it


Chip Ford's CLT Commentary

The State House News Service reported this week:

A bill overhauling campaign finance rules for legislative candidates passed the House on Tuesday over the objection of Republicans and a small number of Democrats who saw the move as a "power play" by leaders to further limit the influence of Republicans on Beacon Hill....

"I think taking party chairs, both Democrats and Republicans, out of the process is depoliticizing the process. I think it's the right thing to do," [House Speaker Robert DeLeo] said.

Critics, however, said the reform had the potential to silence Republicans, with no guarantee that anyone in charge of hiring the state's top campaign finance regulator was a member of the state's second largest political party.

The bill passed 121-35.

"We have a system that has worked for half a century in Massachusetts, but now, because of personality or a potential personality problem, we need to go change it?" asked House Minority Leader Brad Jones.

Jones appeared to be making reference to new MassGOP Chairman Jim Lyons, a conservative firebrand and former member of the House who has, at times, been to the right of and at odds with prominent members of his party, including Gov. Charlie Baker....

Office of Campaign and Political Finance Director Michael Sullivan is just setting out on a six-year term but confirmed to the News Service that he plans to retire sometime this fiscal year. Under current law, Gus Bickford and James Lyons, chairs of the state Democratic and Republican parties, respectively, have veto power over the appointment of Sullivan's successor.

But it appears Democrats on Beacon Hill are worried about Lyons, so they are rewriting the appointment statute to take both party chairs out of the appointment equation. Their proposal to create a new, five-member commission to find a director cleared the House this week along partisan lines and over protests from Republicans.

Republicans hold only 32 seats in the 160-seat House and a mere six in the 40-seat Senate.  Still the vast Democrat majority doesn't feel it controls enough power on Beacon Hill.  There remains an area where more can be accumulated and exercised making, determining, and enforcing campaign finance laws as they see fit.

The State House News Service further noted:

"This is an obvious power play to eliminate any say that the minority party has when it comes to selecting the next OCPF director," Lyons said Wednesday morning before the vote.

The bill proposed to create a new, five-person commission that includes the governor, attorney general and secretary of state, as well as an elected municipal and an elected county official picked by a majority of the three statewide officeholders.

No more than three of the five commissioners could be members of the same party, and four votes would be required to hire a new director. Nothing in the bill prevents the municipal or county official from being unenrolled or a member of a non-major party.

"We felt it was time to bring in elected officials who were held accountable to the system and a diverse group and we think we're increasing minority participation on the board to two out of the five," said Rep. John Lawn, the co-chair of the Election Laws Committee.

Since established in 1973 the respected, neutral Office of Campaign & Political Finance through a number or directors over the decades has been administered as an independent entity without bias or scandal — a rarity in Massachusetts.  This has been accomplished very much because the chairmen of both major political parties have had input and oversight on who that director would be and the performance of the agency.

The Democrats want to put an end to that.  Instead, they propose to turn those decisions over to a governor, an attorney general, a secretary of state, and an elected municipal and elected county official.

If this happens, how many non-Democrats do you suppose will comprise the New OCPF and what will the agency become but an extension of the state Democrat Party monopoly?

Why do they want to do this?

Because they can.


The Boston Herald today ("Business advocates on new payroll tax for paid family, medical leave: ‘You’re going to feel’ it"):

The payroll tax to support the state’s paid family and medical leave program goes into effect Tuesday — renewing concerns among fiscal conservatives and members of the business community about the hit on workers’ take-home pay.

The Department of Family and Medical Leave program — passed as part of a “grand bargain” in 2018 that also included raising the minimum wage to $15 — won’t kick in until January 2021.

But its funding mechanism, a payroll tax of 0.75% on workers’ earnings up to $132,900, begins Tuesday after a three-month delay....

Jon Hurst, president of the Retailers Association of Massachusetts said Massachusetts’ program is “uncharted territory.”

“The jury is out, and we’re going to learn a lot in 2021 of how much it’s used and whether it’s abused, and how much ultimately it’s going to cost,” he said.

On March 9, 2010, speaking before the Legislative Conference for the National Association of Counties on the Affordable Care Act, which would become law two weeks later on March 23 launching "ObamaCare," U.S. House Speaker Nancy Pelosi infamously stated:

"We have to pass the bill so that you can find out what is in it, away from the fog of the controversy."

We found out alright, and then eight years after U.S. House Speaker Nancy Pelosi took the entire country for a ride over the cliff, apparently the president of the Retailers Association of Massachusetts failed to learn the lesson, or remembered what it had delivered, when he made his deal with the devil in June of 2018 to seal "The Grand Bargain."

To help refresh memories, from the State House News Service, June 20, 2018 ("Over grumbles, lawmakers swiftly move wage, benefits deal to Guv's desk"):

The House passed the compromise bill Wednesday afternoon, 126-25, that would raise the minimum wage to $15 and increase the wage for tipped workers to $6.75 over five years. The bill also phases out extra pay for workers who clock in on Sundays and holidays, develops a program for paid family and medical leave, and mandates an annual summer sales tax-free weekend....

The legislation was the result of months of negotiations, and as a result the Raise Up coalition voted to drop its paid family and medical leave ballot proposal. Retailers, after scoring a series of concessions in the bill, have also agreed to drop their proposed sales tax ballot question....

Retailers Association of Massachusetts President Jon Hurst, who agreed to drop his own ballot question that would have cut the sales tax from 6.25 percent to 5 percent as a result of the deal, said his position won't change if Raise Up continues on to the ballot with the minimum wage question as long as the compromise bill becomes law.

The "compromise" "The Grand Bargain" as it was called — became law in June of last year and now we're finding out "what is in it" or as Mr. Hurst noted, "how much it’s used and whether it’s abused, and how much ultimately it’s going to cost" every taxpayer who works for a living.

The Massachusetts Retailers Association as part of its "compromise" pulled the association's Sales Tax Rollback question off the ballot, a question that polls showed had strong support.  CLT members had helped MRA get the necessary signatures to put the sales tax rollback on the ballot.

Taxpayers have every right to complain bitterly about being hit now with this sneaky new payroll tax.  Gov. Baker happily signed the bill into law in a big ceremony.  The State House New Service reported at the time:

"That one's a done deal," Baker said at 10:36 a.m. after his signature was on the law. The governor used several pens to sign his name and distributed each to the lawmakers standing behind him. The ceremonial office was packed with reporters, cameras, aides to the governor and staffers from various legislative offices....

The Republican governor, who is up for reelection this fall, has repeatedly voiced a general opposition to broad-based tax increases but in signing the compromise bill Thursday he gave the green light to a new payroll tax expected to pull in about $800 million.

The Retailers Association knew this day would arrive when it signed onto the "compromise."

That day is here.  Another huge new spending program.  Another $800 million deducted from working state taxpayers' pay checks.

It's just another typical day in "Progressive" Taxachusetts.

Chip Ford
Executive Director


 

State House News Service
Wednesday, September 25, 2019

House approves campaign $$$ reporting, OCPF changes
By Matt Murphy


A bill overhauling campaign finance rules for legislative candidates passed the House on Tuesday over the objection of Republicans and a small number of Democrats who saw the move as a "power play" by leaders to further limit the influence of Republicans on Beacon Hill.

While many Republicans cheered the proposed switch to a reporting system that would require more frequent disclosures of campaign fundraising and spending, GOP leaders objected to changes in the way the director of the Office of Campaign and Political Finance is chosen.

The bill would create a new commission in charge of hiring the director of OCPF that would no longer include the chairs of the Democratic and Republican parties.

House Speaker Robert DeLeo and other supporters said the change would prevent a situation like the one occurring in Washington, D.C., where the Federal Elections Commission has too few members to conduct business.

"I think taking party chairs, both Democrats and Republicans, out of the process is depoliticizing the process. I think it's the right thing to do," DeLeo said.

Critics, however, said the reform had the potential to silence Republicans, with no guarantee that anyone in charge of hiring the state's top campaign finance regulator was a member of the state's second largest political party.

The bill passed 121-35.

"We have a system that has worked for half a century in Massachusetts, but now, because of personality or a potential personality problem, we need to go change it?" asked House Minority Leader Brad Jones.

Jones appeared to be making reference to new MassGOP Chairman Jim Lyons, a conservative firebrand and former member of the House who has, at times, been to the right of and at odds with prominent members of his party, including Gov. Charlie Baker.

Rep. Marc Lombardo, a Billerica Republican, also suggested that changes to the hiring process at OCPF were added because Democratic leaders "don't like" Lyons.

"The deck is already stacked," Lombardo complained, gesturing to the voting boards as an illustration of the imbalance of power in the House. "This really is ridiculous."

The bill (H 4087) would newly require legislators and candidates for House and Senate seats to set up depository committees with a bank, similar to statewide candidates. Itemized disclosures would be filed quarterly for the first 18 months of the two-year election cycle, and before the primary and general elections of an election year.

The number of reports for each candidate would increase from five per cycle to nine, and banks would also have to report contribution and expenditure balances monthly.

The controversial part of the bill, however, had to do with how the director of OCPF is hired. OCPF Director Michael Sullivan, who has held the job since 1994, was reappointed to new six-year term last November, but there is rampant speculation at the State House that he may soon retire.

"This is an obvious power play to eliminate any say that the minority party has when it comes to selecting the next OCPF director," Lyons said Wednesday morning before the vote.

The bill proposed to create a new, five-person commission that includes the governor, attorney general and secretary of state, as well as an elected municipal and an elected county official picked by a majority of the three statewide officeholders.

No more than three of the five commissioners could be members of the same party, and four votes would be required to hire a new director. Nothing in the bill prevents the municipal or county official from being unenrolled or a member of a non-major party.

"We felt it was time to bring in elected officials who were held accountable to the system and a diverse group and we think we're increasing minority participation on the board to two out of the five," said Rep. John Lawn, the co-chair of the Election Laws Committee.

Jones and other Republicans filed amendments to either keep components of the current system, or ensure that a Republican has a seat on the new commission. "This can be weaponized," warned Rep. Shawn Dooley, a Norfolk Republican.

The GOP leaders, however, could only muster a smattering of Democratic votes to their side, mostly from conservative Democrats and members who have been critical of DeLeo and House leadership.

"What we're doing today will take away the stalemate possibility," said Rep. Michael Day, a Stoneham Democrat.

Lawn also dismissed the argument that Democrats were trying to fix a system that isn't broken.

He pointed out that the current OCPF commission is supposed to include a dean of a Massachusetts law school, appointed by the governor, but hasn't had one for close to 10 years.

"I think it's broken right away when you say we can't get a law school dean to participate in the commission in close to 10 years," Lawn said. He said he didn't know why Baker or previous governors had not made the appointment.

The bill also proposes to create a legislative commission led by Lawn and Sen. Barry Finegold, the co-chairs of the Election Laws Committee, to study the feasibility of allowing candidates to use political funds to pay for child care.

The idea has been pitched in the past as a way to open the political system to more people, including single parents and women who see the cost of child care as an impediment to running for public office.


The Boston Herald
Sunday, September 29, 2019

Business advocates on new payroll tax for paid family, medical leave:
‘You’re going to feel’ it
By Lisa Kashinsky


The payroll tax to support the state’s paid family and medical leave program goes into effect Tuesday — renewing concerns among fiscal conservatives and members of the business community about the hit on workers’ take-home pay.

The Department of Family and Medical Leave program — passed as part of a “grand bargain” in 2018 that also included raising the minimum wage to $15 — won’t kick in until January 2021.

But its funding mechanism, a payroll tax of 0.75% on workers’ earnings up to $132,900, begins Tuesday after a three-month delay.

“Any time you reduce discretionary income of employees, that’s a concern because you want money in the paycheck, you want it to be take-home pay and you want it to be spent out in the economy,” said Jon Hurst, president of the Retailers Association of Massachusetts.

Paul Craney of the Massachusetts Fiscal Alliance said, “It means they’re going to get less in their paycheck and most workers will actually see the difference — they’ll notice it. This is a benefit that not all workers will be able to take advantage of. It’s a negative thing for the state.”

Of the payroll tax, 82.5% is meant to fund medical leave and 17.5% will be put toward family leave. That means out of a maximum of 38 cents deducted per $100, up to 25 cents will go toward medical leave and 13 cents to family leave. For a worker earning $50,000 annually, the 0.75% payroll tax amounts to $375 a year.

“You’re going to feel this tax,” Craney said. “That’s a night out to dinner or a tank of gas. It’s a big problem.”

Hurst said getting employers up to speed on the new tax was hard enough — let alone the employees who are about to feel its effects.

“If you believe in mandated leave benefits, then you’re probably OK with it,” Hurst said. “If you don’t believe in that mandate, coming out of your paycheck, being taxed to pay for someone else’s leave, you probably don’t like the concept.”

Under the program, workers are eligible for the following on Jan. 1, 2021:

●  Up to 12 weeks of paid family leave per year to bond with a new child.

●  Up to 20 weeks of paid medical leave in a benefit year for a serious health condition.

●  Up to 26 weeks of paid family leave to care for a family member who is a service member with a serious health condition.

Beginning July 1, 2021, workers can also get up to 12 weeks of paid family leave to care for a family member with a serious health condition.

The program includes job protection — though not for contractors — and benefits of up to $850 per week.

The majority of New England workers, 87%, lack access to paid family leave, and 61% lack access to paid medical leave, according to a fact sheet for the original legislation, which advocated for the program to help women remain in the workforce and increase the health of mothers, newborns and the elderly. Massachusetts follows other states with mandated paid family and medical leave include California, New Jersey, Rhode Island and New York.

Hurst said Massachusetts’ program is “uncharted territory.”

“The jury is out, and we’re going to learn a lot in 2021 of how much it’s used and whether it’s abused, and how much ultimately it’s going to cost,” he said.

Herald wire services contributed to this report.

 

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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