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CLT UPDATE
Tuesday, November 12, 2019

A Call to Arms:  Proposition 2½ Attack Imminent


The chief goal of the conference committee is to dot the Is and cross the Ts on how the state will invest $1.5 billion more into public education over the next seven years. But negotiators also have to decide whether to retain an amendment that requires an analysis of the state law that limits increases in property taxes, the main source of local funding for K-12 education.

When the Senate adopted its version of the education funding reform bill last month, it adopted an amendment from Northampton Sen. Jo Comerford that requires the Department of Elementary and Secondary Education to consider the impact that Proposition 2½ has on local communities and their ability to make the required local contributions to education.

Proposition 2½, approved by voters in 1980 and implemented in 1982, limits the total annual property tax revenue a municipality can raise to no more than 2.5 percent of the assessed value of all taxable property and prohibits cities and towns from raising property taxes by more than 2.5 percent a year without first securing support from voters. It was an effort of Citizens for Limited Taxation and Republican lawmakers like Rep. Royall Switzler that got the proposal onto the ballot and into law....

The amendment passed the Senate on a 34-4 vote. It requires DESE to produce "an analysis of the impact of Proposition 2½ on the ability of municipalities to make their required local contributions in the short-term and long-term and recommendations to mitigate the constraints of Proposition 2½."

Sen. Eric Lesser, who also represents parts of western Massachusetts, said Proposition 2½ is a big issue for his communities because many have total property valuations that are either flat or declining, but costs for public services rise and municipalities have to keep pace with inflation.

"What happens is you hit the ceiling, you can't raise property taxes any more and there are no other ways to collect income often in these relatively small towns. Well, there's still a 2 percent health care cost increase, there's still a collective bargaining increase, there's a snowstorm and you have higher fees for plowing than normal. What do you have to do? You start laying people off, you start cutting services, you could see schools close, you could see police stations and police shifts cut back," Lesser said. "There are potentially catastrophic consequences if we don't get this under control. Quite frankly, it's a ticking time bomb for our communities."

Lesser acknowledged that "dealing with this in this [education] bill is probably beyond the scope of this bill," but said it is an urgent issue for "several communities that have already hit the levy limit." ...

The House, when it adopted its education bill later in October, did not approve a similar amendment filed by Pittsfield Rep. Tricia Farley-Bouvier. Before the House took the bill up, Citizens for Limited Taxation sent a letter to all House Republicans imploring them to keep Farley-Bouvier's amendment out of the bill. The group said the Senate amendment "is cause for alarm."

"Over the decades Proposition 2½ has come under many stealth attacks in efforts to dilute and circumvent it, so another is not surprising," Executive Director Chip Ford wrote in the letter. In a statement, he added, "If those officials want to spend more, let them ask their constituents for more to spend. This is precisely why CLT proposed its property tax cap and why voters overwhelmingly adopted it. They can 'study the impact' but a solution is in their hands."

The executive branch's Division of Local Services says that "Proposition 2½ revolutionized property tax administration and is a fundamental feature of the Massachusetts municipal fiscal landscape, yet there is still some confusion about its meaning for cities and towns." ...

House Speaker Robert DeLeo defended Proposition 2½ in 2010 when Republican lawmakers launched an effort to strike language they claimed would permit sizeable property tax increases without voter approval from a Democrat-sponsored so-called municipal relief bill.

"Speaker DeLeo does not favor, and will not support, any weakening of Proposition 2½," Seth Gitell, then the speaker's spokesman, told the News Service at the time. "The intent of the language in the municipal relief package is to provide cities and towns with a tool for addressing tax abatements and for better managing their municipal budgets. It is not the intent of the bill to affect Proposition 2½."

Then-gubernatorial candidate Charlie Baker said the House proposal would be "dead on arrival" if he were governor....

Bills that would have altered Proposition 2½ have been reviewed over the years by the Revenue Committee but have failed to gain momentum in the Legislature. In 2018, since-retired Rep. Jay Kaufman talked to WBZ-TV's Jon Keller about the potential for changes to Proposition 2½.

"I think that's been another one of those third rail issues that we have avoided, quite frankly, and that's disappointing as well," Kaufman said. He added, "We need to be taking a look at Prop 2½ all over again because it may have made a lot of sense when it was first initiated. It's had some unintended consequences ever since that make it very difficult to make good tax policy."

State House News Service
Tuesday, November 12, 2019
Ed Bill Conferees Face Choice on Prop 2½


Six lawmakers were named Monday [October 28] to reconcile the House and Senate approaches to pouring $1.5 billion in new money into the state's K-12 education system over the next seven years and to avoid the pitfalls that imperiled last session's failed attempts to pass similar legislation.

Both branches this month used as a starting point a bill that was unveiled by Senate President Karen Spilka and House Speaker Robert DeLeo, and a conference committee will try to hammer out a compromise bill based on the amended bills that cleared both branches with overwhelming support.

Lead conferees Sens. Jason Lewis of Winchester and Rep. Alice Peisch of Wellesley will be joined on the conference by Sen. Michael Rodrigues of Westport and Rep. Paul Tucker of Salem, both Democrats, and by Sen. Patrick O'Connor of Weymouth and Rep. Kim Ferguson of Holden, both Republicans.

The House and Senate bills (H 4145 and S 2365) contain many similarities but take different approaches to accountability. The House bill requires that districts file plans detailing how the new money will work to close achievement gaps, and gives the education commissioner signoff powers. The Senate adopted an amendment to its bill meant to give more decision-making power to local officials rather than the state commissioner.

"I'm confident we will get to a final bill that we will all be very happy with," Lewis said the night the Senate passed its bill earlier this month.

State House News Service
Monday, October 28, 2019
Negotiators Named to Hash Out Major Education Bill


Chip Ford's CLT Commentary

The latest assault on CLT's Proposition 2½ is coming up fast.  It's sitting in the secret Education Finance Reform conference committee, behind closed doors.

Whether or not it is included in the massive bill being negotiated behind closed doors will depend on a mere six legislators — three senators and three representatives, two of which are Republicans.

One of those Republicans — Sen. Patrick O'Connor (R-Weymouth) — voted to include it as an amendment in the Senate's version, along with Republican Senate Minority Leader Bruce Tarr (R-Gloucester).  The amendment (Roll Call #102) was adopted by a vote of 34-4 then sent to the House.

After CLT's memo to Representatives the House version defeated Amendment #2 and the attack on Proposition 2½ for the moment.

Now is the time for concerned property taxpayers to contact the six legislators who will decide your fate, and the future of Proposition 2½.  The below six will decide whether or not it is included in the Education Finance Reform bill.

When that bill is presented to the full House and Senate it is not, and will not be, subject to any amendments.  If the attack on Prop 2½ is included, legislators will vote yes or no on the entire bill — and with certainty, Proposition 2½ will have lost.

We each must do everything in our power right now to defend and protect our law — or forever hold your peace, and open your wallets.
 

Conference Committee Members

Sen. Jason Lewis (D-Winchester) — Lead Conferee
Senate Website

(617) 722-1206 Jason.Lewis@masenate.gov
 
Rep. Alice Peisch (D-Wellesley) — Lead Conferee
House Website
(617) 722-2070 Alice.Peisch@mahouse.gov
 
Sen. Michael Rodrigues (D-Westport)
Senate Website
(617) 722-1114 Michael.Rodrigues@masenate.gov
 
Rep. Paul Tucker (D-Salem)
House Website
(617) 722-2070 Paul.Tucker@mahouse.gov
 
Sen. Patrick O'Connor (R-Weymouth)
Senate Website
(617) 722-1646 Patrick.OConnor@masenate.gov
 
Rep. Kim Ferguson (R-Holden)
House Website
(617) 722-2263 Kimberly.Ferguson@mahouse.gov

Now is the time to act.   I hope you will contact the above six conference committee members.

Let them know you want Proposition 2½ left unmolested, unthreatened.

Remind them that Sen. Eric Lesser was right about at least one thing:  "Dealing with this in this [education] bill is probably beyond the scope of this bill."

Such a controversial question on any taxation proposal, and especially voting to overturn the sacred vote of the citizens and long-established public policy, does not belong in this bill.

Chip Ford
Executive Director


 

State House News Service
Tuesday, November 12, 2019

Ed Bill Conferees Face Choice on Prop 2½
By Colin A. Young


The chief goal of the conference committee is to dot the Is and cross the Ts on how the state will invest $1.5 billion more into public education over the next seven years. But negotiators also have to decide whether to retain an amendment that requires an analysis of the state law that limits increases in property taxes, the main source of local funding for K-12 education.

When the Senate adopted its version of the education funding reform bill last month, it adopted an amendment from Northampton Sen. Jo Comerford that requires the Department of Elementary and Secondary Education to consider the impact that Proposition 2½ has on local communities and their ability to make the required local contributions to education.

Proposition 2½, approved by voters in 1980 and implemented in 1982, limits the total annual property tax revenue a municipality can raise to no more than 2.5 percent of the assessed value of all taxable property and prohibits cities and towns from raising property taxes by more than 2.5 percent a year without first securing support from voters. It was an effort of Citizens for Limited Taxation and Republican lawmakers like Rep. Royall Switzler that got the proposal onto the ballot and into law.

"Some of my towns, as I know some of your towns, are bumping up against the Prop 2½ ceiling and some of my towns also have some of the highest tax rates in the commonwealth. The main driver of both is education spending," Comerford said in the Senate, noting that her district's towns all want to contribute to public education but "they are however constrained." She added, "For many of our towns in the Hampshire, Franklin and Worcester District, the constraints of Prop 2½ make it impossible to meet the demands for sufficient local school funding and this is causing real strain and burden on municipalities."

The amendment passed thet Senate on a 34-4 vote. It requires DESE to produce "an analysis of the impact of Proposition 2½ on the ability of municipalities to make their required local contributions in the short-term and long-term and recommendations to mitigate the constraints of Proposition 2½."

Sen. Eric Lesser, who also represents parts of western Massachusetts, said Proposition 2½ is a big issue for his communities because many have total property valuations that are either flat or declining, but costs for public services rise and municipalities have to keep pace with inflation.

"What happens is you hit the ceiling, you can't raise property taxes any more and there are no other ways to collect income often in these relatively small towns. Well, there's still a 2 percent health care cost increase, there's still a collective bargaining increase, there's a snowstorm and you have higher fees for plowing than normal. What do you have to do? You start laying people off, you start cutting services, you could see schools close, you could see police stations and police shifts cut back," Lesser said. "There are potentially catastrophic consequences if we don't get this under control. Quite frankly, it's a ticking time bomb for our communities."

Lesser acknowledged that "dealing with this in this [education] bill is probably beyond the scope of this bill," but said it is an urgent issue for "several communities that have already hit the levy limit."

The House, when it adopted its education bill later in October, did not approve a similar amendment filed by Pittsfield Rep. Tricia Farley-Bouvier. Before the House took the bill up, Citizens for Limited Taxation sent a letter to all House Republicans imploring them to keep Farley-Bouvier's amendment out of the bill. The group said the Senate amendment "is cause for alarm."

"Over the decades Proposition 2½ has come under many stealth attacks in efforts to dilute and circumvent it, so another is not surprising," Executive Director Chip Ford wrote in the letter. In a statement, he added, "If those officials want to spend more, let them ask their constituents for more to spend. This is precisely why CLT proposed its property tax cap and why voters overwhelmingly adopted it. They can 'study the impact' but a solution is in their hands."

The executive branch's Division of Local Services says that "Proposition 2½ revolutionized property tax administration and is a fundamental feature of the Massachusetts municipal fiscal landscape, yet there is still some confusion about its meaning for cities and towns."

House Speaker Robert DeLeo defended Proposition 2½ in 2010 when Republican lawmakers launched an effort to strike language they claimed would permit sizeable property tax increases without voter approval from a Democrat-sponsored so-called municipal relief bill.

"Speaker DeLeo does not favor, and will not support, any weakening of Proposition 2½," Seth Gitell, then the speaker's spokesman, told the News Service at the time. "The intent of the language in the municipal relief package is to provide cities and towns with a tool for addressing tax abatements and for better managing their municipal budgets. It is not the intent of the bill to affect Proposition 2½."

Then-gubernatorial candidate Charlie Baker said the House proposal would be "dead on arrival" if he were governor.

"Four years after Governor Patrick vowed to cut property taxes, this proposal by House leadership to raise property taxes shows exactly what happens under one party rule on Beacon Hill," Baker said in a 2010 statement. Patrick had promised to alleviate property taxes as a pillar of his successful 2006 campaign for governor, but failed to deliver in two terms in office.

Bills that would have altered Proposition 2½ have been reviewed over the years by the Revenue Committee but have failed to gain momentum in the Legislature. In 2018, since-retired Rep. Jay Kaufman talked to WBZ-TV's Jon Keller about the potential for changes to Proposition 2½.

"I think that's been another one of those third rail issues that we have avoided, quite frankly, and that's disappointing as well," Kaufman said. He added, "We need to be taking a look at Prop 2½ all over again because it may have made a lot of sense when it was first initiated. It's had some unintended consequences ever since that make it very difficult to make good tax policy."


State House News Service
Monday, October 28, 2019

Negotiators Named to Hash Out Major Education Bill
By Colin A. Young


Six lawmakers were named Monday to reconcile the House and Senate approaches to pouring $1.5 billion in new money into the state's K-12 education system over the next seven years and to avoid the pitfalls that imperiled last session's failed attempts to pass similar legislation.

Both branches this month used as a starting point a bill that was unveiled by Senate President Karen Spilka and House Speaker Robert DeLeo, and a conference committee will try to hammer out a compromise bill based on the amended bills that cleared both branches with overwhelming support.

Lead conferees Sens. Jason Lewis of Winchester and Rep. Alice Peisch of Wellesley will be joined on the conference by Sen. Michael Rodrigues of Westport and Rep. Paul Tucker of Salem, both Democrats, and by Sen. Patrick O'Connor of Weymouth and Rep. Kim Ferguson of Holden, both Republicans.

The House and Senate bills (H 4145 and S 2365) contain many similarities but take different approaches to accountability. The House bill requires that districts file plans detailing how the new money will work to close achievement gaps, and gives the education commissioner signoff powers. The Senate adopted an amendment to its bill meant to give more decision-making power to local officials rather than the state commissioner.

"I'm confident we will get to a final bill that we will all be very happy with," Lewis said the night the Senate passed its bill earlier this month.

Peisch told the News Service after the House's final vote on the bill last week that she was "optimistic" the two branches could work out their differences. She said she and Lewis worked for "many months in order to get something that we thought would have broad support."

Last session, the House and Senate also passed differing education financing bills, but negotiators could not reconcile them before the final minutes of formal sessions ticked away....

Conference committee reports are not subject to amendment and face up-or-down votes in the branches once an agreement is reached. The process means some of the most important decisions on major bills are made during conference committee deliberations, which lawmakers almost always vote to conduct in private.

Michael P. Norton contributed reporting

 

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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