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CLT UPDATE
Monday, April 5, 2021

"Millionaires" Grad Tax Would Hit Middle-Class Retirees


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

A new study from the Pioneer Institute says the so-called “millionaires tax” that’s regularly discussed on Beacon Hill wouldn’t just dip into the pockets of the wealthiest few, but would also nail middle-class people cashing out for retirement.

“Despite its purported goal of taxing only the uber-rich, the graduated income tax would fail to protect people of more modest means from overtaxation on one-time windfalls,” wrote study authors Greg Sullivan & Andrew Mikula. “It has the ability to push those with significant capital gains and valuable asset sales into higher tax brackets, punishing owners of retirement nest eggs and desirable real estate. In practice, these ‘one-time millionaires,’ who cash in on a lifetime of work and sacrifice in anticipation of retirement, out-number those who consistently have seven-figure salaries or stock market windfalls.” ...

The graduated income tax proposal — dubbed the millionaires tax” or the “fair share amendment” — would slap an additional 4% income tax on annual income over $1 million.

The Boston Herald
Thursday, April 1, 2021
Study says Massachusetts ‘millionaires tax’ wouldn’t just hit the mega-rich
By Sean Philip Cotter


In recent decades, Massachusetts policymakers have worked hard to shed the “Taxachusetts” label that plagued the Commonwealth into the 1990s. Once at 6.25 percent, the state income tax had fallen to 5 percent by 2020, while corporate tax rates have been flat. Massachusetts tax policy has prioritized stability and predictability so far in the 21st century. But since 2015, a graduated income tax proposal has sought to undermine those priorities under the guise of a “fair” tax only on the super-wealthy.

Despite its purported goal of taxing only the uber-rich, the graduated income tax would fail to protect people of more modest means from overtaxation on one-time windfalls. It has the ability to push those with significant capital gains and valuable asset sales into higher tax brackets, punishing owners of retirement nest eggs and desirable real estate. In practice, these “one-time millionaires,” who cash in on a lifetime of work and sacrifice in anticipation of retirement, outnumber those who consistently have seven-figure salaries or stock market windfalls.

Further, because of the tax treatment of pass-through business income, many of these “onetime millionaires” could be small business owners still reeling from the economic effects of COVID-19. Now, in the midst of the pandemic and its potentially devastating aftermath, is not the time to burden small business owners, the core of the state’s economy....

To understand who exactly would be affected by the so-called “Fair Share” tax proposed by the legislature at the behest of the MTA and the SEIU [Massachusetts Teachers Association and the Service Employees International Union], it is critical to ascertain how often so-called “millionaires” earn $1 million or more in a year. Fortunately, the Tax Foundation’s data on the persistence of millionaires allows us to do just that. According to the Tax Foundation’s “Income Mobility and the Persistence of Millionaires, 1999 to 2007,” fully half of U.S. taxpayers who reported gross annual income of $1 million or more at least once over a nine-year period did so only once. Nearly two-thirds did so two or fewer times, and almost three-quarters did so three or fewer times. Fewer than 20 percent did so in a majority of the nine years and fewer than 6 percent earned $1 million or more every year.

This data exposes a potential vulnerability of the proposed graduated income tax, showing it to be more of a “retirement tax,” as many people rely on recouping the value from home equity or a stake in a business to pay for their retirement. In fact, Massachusetts displays the very same concentration of “one-time millionaires.” In the Commonwealth, 46 percent of households with incomes over $1 million did so only once in 10 years and fully 60 percent did so twice or less in the 10-year period ended in 2017 (see Figure 2).

http://cltg.org/cltg/clt2021/images/Pioneer-Figure2.png

This data alone does not prove that many “millionaires” are retirees, or whether those who are using the income to pay for retirement try to avoid taxes on that income. However, other IRS data shows that after similar graduated income tax levies passed in other states, out-migration exploded among people of retirement age. The so-called “Fair Share” tax would apply to — and dampen the retirement plans of — a significant number of people who worked a lifetime and who are not consistent millionaires....

Pioneer Institute
The Graduated Income Tax Trap: A retirement tax on small business owners
April 1, 2021


The welfare-industrial complex has a very simple theory about why they’re finally going to pass the graduated income tax in Massachusetts next year: They believe that after 60 years, they have at last succeeded in dumbing down the state electorate to the point that a majority will actually vote against their own best interests — to impoverish themselves.

Sadly, the hacks are probably correct.

This time around, the soak-the-middle-class scheme has been rebranded as a “millionaires tax,” because supposedly only taxpayers who will have their state income taxes jacked up from 5% to 9% a year are those making over a million dollars a year.

And the extra billions, which will only come from people making a lot more money than you, will go to really worthy projects, like “infrastructure” and education — “for the children,” don’t you know.

Wink wink, nudge nudge....

That ignorance is what the hackerama is banking on. They think at least 50%-plus one of the state’s voters are in fact that feeble-minded. And the evidence backs them up.

The non-working classes have been diligently attempting to impose this graduated-income tax on the commonwealth since 1962. Consider the declining results for the productive classes.

In 1962, the same year that a Massachusetts native, JFK, pushed through a federal tax cut by pointing out that “a rising tide lifts all boats,” his home-state constituents rejected the proposed state tax increase, 83-17.

In 1968 the hacks tried again — 70% voted thumbs down.

In 1972, even as Massachusetts was the only state to vote for acid, amnesty and abortion, 67% said no new taxes.

In 1976, the payroll patriots tried again. No — 73%.

In 1994 — the taxpaying majority (64.6%) once more voted no.

In 2018, the hackerama tried to put the Trojan horse back on the ballot via some back-door maneuver. But the Supreme Judicial Court, hardly a bulwark against lunacy of any sort, told Beacon Hill to forget about it.

For those of you keeping score at home, that makes the hackerama 0-6. But like an antibiotic-resistant STD, the graduated-income tax is baaaaaaack again, one legislative vote away from being back on the ballot in 2022.

The Pioneer Institute put out a new study last week, stressing the obvious: “’Millionaires’ tax’ wouldn’t just hit the mega-rich.’”

But is anyone paying attention anymore? That’s the problem....

Of course, should the hacks finally win on their seventh try, we will be told that the new, higher tax rate is “settled law,” and should never, ever be tampered with again by anything so unseemly as a repeal effort.

And even if the electorate did eventually vote to repeal, the legislature would probably ignore it. Remember Mike Dukakis’ “temporary” income tax increase of 1989? By 2000, the voters repealed the “temporary” law in a landslide, 60-40, but the rate didn’t go back down to 5% until 30 years after its “temporary” enactment....

If you’ve always dreamed of being a millionaire, just vote for the “millionaires tax,” because by 2024 at the latest, you will indeed be a millionaire — at least for Massachusetts tax purposes. Once the graduated income tax is on the books, they can pick off everybody who works for a living, one income quintile at a time.

There’s an old saying: “Don’t tax you, don’t tax me. Tax that guy behind the tree.”

In Maskachusetts in 2023, that guy behind the tree will run away. Then the tree itself will be chopped down. Then anyone who can’t run away will be chopped down, and fed into an economic wood chipper.

That is the one promise the hacks will keep — guaranteed.

The Boston Herald
Saturday, April 3, 2021
Massachusetts electorate’s ignorance might just get ‘millionaires tax’ passed
By Howie Carr


Department of Revenue is expected to announce March tax collections [on Monday]. DOR expects that it will collect $2.413 billion in taxes in March, which would be a drop of $246 million from March 2020, but actual collections have been shattering the agency's benchmarks in recent months....

Now eight months through fiscal year 2021, Massachusetts state government has collected $19.527 billion in taxes from people and businesses, which is $1.123 billion or 6.1 percent more than it did during the same eight pre-pandemic months of fiscal year 2020....

DOR considers March a "mid-size month" for tax collections, usually ranking sixth out of the 12 months. Through March 15, DOR had already collected $1.689 billion, which is up $107 million or 6.7 percent compared to the same half month period in March 2020.

State House News Service
Friday, April 2, 2021
Advances - Week of April 4, 2021


One of the great puzzles of the past year is that the world was devastated by a plague and Massachusetts tax revenues were...pretty much OK. Month after month, the state is collecting far more money than expected, dissolving initial fears of a multi-billion dollar deficit and leading to a new realization that state finances are relatively healthy.

This remarkable turn-of-events raises two fundamental questions. First, how have state tax revenues held up so well amid the lockdowns, joblessness, and main street woes? Second, should experts and policy wonks have foreseen this surprising outcome? ...

Between April and June, the state did experience a sizable drop in tax revenue.

But an unexpected thing happened when spring turned to summer and the state's new fiscal year (FY 2021) began. Monthly reports from the Department of Revenue started showing relatively healthy-looking tax collections. And far from a temporary blip, that overperformance has continued right up to the present.

As of the end of February, Massachusetts is on pace to collect $31.5 billion, vastly more tax revenue than expected — indeed, more than we were collecting before the pandemic struck.

Why did tax revenues remain strong? ...

Between stimulus checks, PPP loans, bailouts for hard-hit sectors, public health spending, and a host of other cash infusions, federal aid has helped sustain people's incomes and encourage spending. And in that way, it also bolstered the state tax system.

Consider the state income tax. For tax purposes, unemployment benefits generally count as income, just like a paycheck. So when the federal government introduced expanded unemployment insurance — with many laid-off workers receiving more money in benefits than they ever received from their jobs — that raised state income tax receipts. (More recently, the state has decided to refund some of these taxes paid on unemployment benefits — not least because other revenue streams are returning.)

Or, think about what people do when they get money from the federal government, be it through unemployment benefits, direct stimulus checks, or a paycheck backstopped by PPP loans. They turn around and spend some of that money at local grocery stores and online marketplaces, which generates sales tax for Massachusetts....

Why couldn't we foresee it? ...

Trouble is, the early pessimism wasn't just wrong but enduringly so. It was a stake we had put in the ground, and even when monthly updates showed surprisingly strong tax revenues, we still felt tied to that stake.

Perhaps the best example is the notion — heard echoing through the virtual corridors of the State House last fall — that the real challenge was going to be next year (FY22). We had predicted a catastrophe; and if tax collections didn't actually look catastrophic, that only proved the real emergency was still out there somewhere, waiting to derail us....

Pretty soon, last year's deficit fears will seem like ancient history. But when economic uncertainty returns, as we all know it will, I hope we remember some of the lessons of this pandemic year: keep an eye on the feds; slow the process down; don't expect the next recession to look like the last one.

But I also hope that forecasters — myself included — are quicker to incorporate new information and more ready to regularly share their shifting sense of what's going on.

CommonWealth Magazine
Sunday, April 4, 2021
Why tax forecasts during COVID have been so wrong


The heating oil industry is fired up about a proposal to take away energy-efficiency rebates from its customers as part of a state-led effort to wean homeowners off fossil fuels.

At issue are priorities endorsed March 24 by the Energy Efficiency Advisory Council that include phasing out Mass Save rebates for new oil-fired systems for heat and hot water, as well as no-interest loans for homeowners to install them, as soon as January. Rebates for natural gas-fired and propane installations would be ratcheted back significantly.

“It’s simply not fair,” said Michael Ferrante, president of the Massachusetts Energy Marketers Association. “I wouldn’t say it’s going to cripple the industry. But it’s going to hurt us. And it’s going to hurt heating oil customers.”

The proposal from the council, which is chaired by the state energy resources commissioner, follows recommendations issued by the Baker administration in December for Massachusetts to reach “net-zero” carbon emissions by 2050. The changes also line up with aggressive goals to reduce greenhouse gas emissions that were included in a sweeping climate law passed by the Legislature and signed by Governor Charlie Baker last week. One provision allows municipalities to adopt net-zero building codes for new construction, which could effectively block fossil-fuel hookups in future projects.

Significant changes in how buildings are heated will be needed if Massachusetts is to reach its 2050 emissions goal. State officials and environmentalists hope to encourage the use of electric heat pumps in homes and discourage fossil fuels. The ramifications could be huge for the 700,000-plus homeowners in the state who use heating oil — as well as for the companies that serve them.

Massachusetts electricity rates, meanwhile, are among the highest in the United States, nearly double the national average....

Ending oil rebates is one of many proposed changes to the Mass Save program, which is regulated by the state and funded by surcharges on electricity and natural gas bills. They will now be used by the state’s major electric and natural gas utilities as they formulate a plan for the next three years, with an eye toward incorporating climate benefits.

The Boston Globe
Thursday, April 1, 2021
‘It’s going to hurt us’: Heating oil industry fights effort to eliminate state’s rebates
Mass Save’s popular incentives, including no-interest loans, could end in January


[Connecticut] Gov. Ned Lamont was warmly greeted by Mayor Erin Stewart, the Republican who recently announced she would not challenge Lamont for governor in 2021. On Tuesday, they had common cause — if only to a point.

Stewart agreed to appear outside a gleaming new apartment building constructed on a city lot that she says was unmarketable until the construction across the street of CTfastrak, the busway much maligned in GOP circles.

The Republican mayor and Democratic governor each are boosters of transit-oriented development, a popular and politically safe approach to creating cities that are less reliant on gasoline-powered vehicles, the largest single source of greenhouse gases in Connecticut.

But Lamont has gone a giant step further by signing onto a regional Transportation and Climate Initiative as a way to reduce greenhouse gases and raise money for transit — a concept bitterly opposed by many leaders of Stewart’s GOP.

In promoting TCI, as the initiative is known, the Lamont administration is working to succeed where it failed horribly two years ago in seeking support for highway tolls as a means to modernize Connecticut’s creaky infrastructure....

Stewart kept her distance from TCI, which is opposed by the leaders of the House and Senate Republican minorities in the General Assembly....

TCI is a cap-and-invest program and will bring revenue into the state – an estimated $89 million in 2023, increasing to as much as $117 million in 2032. Connecticut, Rhode Island and Massachusetts, the three states responsible for 73% of transportation emissions in New England, have signed a memorandum of understanding committing to the initiative.

Legislation is necessary to go forward, and the legislature’s Environment Committee is expected to vote on the plan Wednesday. It is opposed by the trucking industry and fuel marketers as an added cost to businesses and consumers....

In public-hearing testimony this month, House Minority Leader Vincent J. Candelora, R-North Branford, opposed the initiative as an added cost, but he also said it appeared that once created, TCI’s costs would have no legislative oversight.

“Considering that the average American is struggling to stay afloat due to the economic effects of the COVID-19 pandemic, now is not the proper time to be pursuing this policy,” Candelora told the committee.

Senate Minority Leader Kevin Kelly of Stratford and his deputy, Sen. Paul Formica of East Lyme, submitted joint testimony casting themselves as committed to clean air, if unwilling to endorse higher costs on gasoline brought by Senate Bill 884, the TCI measure.

“We share that goal of cleaner air,” they said. “However, we must protect middle class families’ wallets in the process, and Senate Bill 884 does not protect middle class families’ wallets.”

On Tuesday, Kelly said Republicans could achieve the same goals without any added costs.

“The reality for Connecticut middle-class families is that purchasing gasoline and food is still a necessity and increasing taxes on both is extremely regressive,” Kelly said. “It’s also misleading to suggest that the TCI gas tax will lead to cleaner air in Connecticut as states to our west are not moving forward with their own clean air reforms.”

The Connecticut Mirror
Tuesday, March 30, 2021
Opposed by GOP, Lamont campaigns for climate initiative


Desperate Democrats led by Attorney General Maura Healey are flailing away at a weakened Gov. Charlie Baker in hopes of taking back the Corner Office in 2022 for the first time in eight years. Whether it’s working is questionable.

Healey, flush with campaign cash and popularity within the party, is directing a multipronged, not-so-stealth gubernatorial campaign — ripping Baker on everything from coronavirus vaccine delivery to opioids even though the governor is undecided on running for a third term.

Baker is not even a cinch to win his own party’s primary. Conservatives — including the Republican party’s own chairman — have publicly challenged him on moving too far liberal for their liking.

Baker’s popularity has taken a hit, according to the most recent polling, as critics have pounced on the state’s rocky early rollout of the COVID-19 vaccine and failing to prioritize some vulnerable populations.

But Democrats take him for granted at their own peril. He’s still more popular than Democratic statewide elected officials and would have the bully pulpit of the governor’s office throughout the 2022 campaign.

If Baker decides not to run for a third term, his lieutenant governor, Karyn Polito, would be the early favorite though she would likely face a stiff challenge from the conservative wing of the party. Former state lawmaker and failed U.S. Senate candidate Geoff Diehl is considering a gubernatorial campaign.

On the Democratic side, Healey is clearly the party’s first choice to eject Republicans from the governor’s office, though other Democrats led by Somerville Mayor Joseph Curtatone, Harvard professor Danielle Allen and former state Sen. Ben Downing are also plotting campaigns.

The attorney general has been crisscrossing the state — using her publicly funded office by the way — in a campaign-like tour of heavily Democratic areas like Brockton and Worcester.

The Boston Herald
Monday, March 29, 2021
Desperate Democrats led by Maura Healey flailing away at weakened Charlie Baker


No one misses Donald Trump more than Maura Healey.

Because with Trump gone, she has no one to sue.

Attorney General Healey, 50, a progressive Democrat, sued Donald Trump close to 50 times during his four years as president, and a made a big deal out of it each time.

Now she is complaining about three lawsuits Republican attorneys general have filed against President Joe Biden, including challenging Biden’s failed immigration policy as well as his shutting down the Keystone XL pipeline that threw thousands out of work.

Healey, who spent the past four years trashing Trump and his agenda, said, “Donald Trump may be out of the White House, but Republican attorneys general across the country are still doing his bidding and conspiring to block President Biden’s agenda at every turn.” ...

While there is no public estimate of how much taxpayer money Healey spent on her lawsuits against Trump — most of which went nowhere — Healey gained a lot of publicity for “standing up” to Trump.

Surely it would be wickedly unfashionable in the woke world of progressives if Healey filed suit against Biden even though he is ultimately responsible — just as Trump was — for the sad plight, even death, of immigrant children led to the border and abandoned by Mexican traffickers.

But odds of the Democrat attorney general filing suit against the Democrat president range from nil to none.

But with Trump gone as her main political target, Healey has redirected her attention toward Gov. Baker, using Baker’s distribution of the COVID-19 as a thin veil to go after him. Charlie Baker has become her Donald Trump....

The Boston Herald
Thursday, April 1, 2021
With Trump gone, Maura Healey turns ire on Baker
By Peter Lucas


A deeply Democratic district stayed Democratic on Tuesday — but it’s a lot less left wing than it was.

The successor to former House Speaker Robert DeLeo (D-Winthrop) in the Massachusetts House of Representatives will be former Winthrop town council president Jeff Turco. The Democrat had no problem winning the Tuesday, March 30 special general election triggered by DeLeo’s December 2020 resignation to take a job teaching about legislation and public policy at Northeastern University. The seat has been vacant since then.

The self-described “moderate” Turco trounced his two opponents, Paul Caruccio, a Republican, of Winthrop, and Winthrop resident Richard Fucillo, an unenrolled candidate. Turco got 57.3 percent of the vote (1,861 votes) while Caruccio got 14.3 percent (466 votes) and Fucillo got 14.6 percent (473 votes), according to multiple reports....

Turco was the subject of controversy during the primary for some of his conservative leanings.

Turco has said in the past that he voted for former President Donald Trump in 2016. He gave money to U.S. Senator Susan Collins (R-Maine) in 2020. He has expressed opposition to abortion. He also has criticized U.S. Senator Elizabeth Warren (D-Massachusetts) and former President Barack Obama.

In response to his primary win four weeks ago, Planned Parenthood Advocacy Fund of Massachusetts said it will help run someone against Turco in 2022.

“Jeff Turco is dangerous and has no place on Beacon Hill,” the fund tweeted. “And if he wins, we’ll be there in 2022 to primary him and elect a candidate who will champion the sexual and reproductive rights of their community.”

The New Boston Post
Tuesday, March 30, 2021
Conservative Democrat Jeff Turco Easily Wins State Rep Seat in Winthrop and Revere


A year ago, when it became clear the coronavirus was a major threat to public health, Gov. Charlie Baker declared a state of emergency and took charge by using the executive authority of his position. He ordered businesses shut down, schools closed and dictated mask mandates, limits on the size of gatherings and dozens of other restrictions on daily life and business.

The power Baker wielded – and still uses – came by way of the 1950 Civil Defense Act, allowing him to issue executive orders without legislative approval during a state of emergency. And it was, without a doubt, an emergency....

State Sen. Diana DiZoglio, D-Methuen, is one lawmaker behind bills filed to limit the governor’s reach. She said recently she believes the Legislature needs to exercise oversight or review of executive orders in a reasonable period of time.

“This is not a dictatorship,” DiZoglio told State House News Service. “The governor has taken a top-down, authoritative approach to the COVID-19 response and as a result many residents have not been heard. It’s too much for any one person and one administration to handle when dealing with emergencies of this scale and length.”

DiZoglio is proposing a 60-day limit on the governor’s emergency orders, requiring him to go before the House and Senate for extensions. The Civil Defense Act doesn’t require any such review or impose a time limit.

On the House side, Rep. Nick Boldyga, R-Southwick, filed a bill similar to what DiZoglio proposes that would impose a 30-day sunset on emergency orders and mandates. Boldyga’s bill would give state courts jurisdiction to hear cases challenging state and local emergency orders....

The question of limiting a governor’s power during a state of emergency isn’t unique to Massachusetts. Dozens of state legislatures have filed more than 200 bills and resolutions to scale back, restrict or provide more oversight over their governors’ power during the pandemic.

Here in the Bay State, it’s past time for the Legislature to act in this pandemic and that means curtailing the governor’s emergency power before they’re needed again.

A Salem News editorial
Wednesday, March 31, 2021
Time to rein in the governor's power


Chip Ford's CLT Commentary

The big news this week for taxpayers and voters arrived on Thursday in a new study released by the Pioneer Institute on the effects of a graduated income tax in Massachusetts, the proposed constitutional amendment called "The Fair Share Amendment" or "Millionaires Tax.  The Boston Herald reported on Thursday ("Study says Massachusetts ‘millionaires tax’ wouldn’t just hit the mega-rich"):

A new study from the Pioneer Institute says the so-called “millionaires tax” that’s regularly discussed on Beacon Hill wouldn’t just dip into the pockets of the wealthiest few, but would also nail middle-class people cashing out for retirement.

“Despite its purported goal of taxing only the uber-rich, the graduated income tax would fail to protect people of more modest means from overtaxation on one-time windfalls,” wrote study authors Greg Sullivan & Andrew Mikula. “It has the ability to push those with significant capital gains and valuable asset sales into higher tax brackets, punishing owners of retirement nest eggs and desirable real estate. In practice, these ‘one-time millionaires,’ who cash in on a lifetime of work and sacrifice in anticipation of retirement, out-number those who consistently have seven-figure salaries or stock market windfalls.” ...

The graduated income tax proposal — dubbed the millionaires tax” or the “fair share amendment” — would slap an additional 4% income tax on annual income over $1 million.

Excerpts from Pioneer Institute study, "The Graduated Income Tax Trap: A retirement tax on small business owners," revealed:

In recent decades, Massachusetts policymakers have worked hard to shed the “Taxachusetts” label that plagued the Commonwealth into the 1990s. Once at 6.25 percent, the state income tax had fallen to 5 percent by 2020, while corporate tax rates have been flat. Massachusetts tax policy has prioritized stability and predictability so far in the 21st century. But since 2015, a graduated income tax proposal has sought to undermine those priorities under the guise of a “fair” tax only on the super-wealthy.

Despite its purported goal of taxing only the uber-rich, the graduated income tax would fail to protect people of more modest means from overtaxation on one-time windfalls. It has the ability to push those with significant capital gains and valuable asset sales into higher tax brackets, punishing owners of retirement nest eggs and desirable real estate. In practice, these “one-time millionaires,” who cash in on a lifetime of work and sacrifice in anticipation of retirement, outnumber those who consistently have seven-figure salaries or stock market windfalls.

Further, because of the tax treatment of pass-through business income, many of these “onetime millionaires” could be small business owners still reeling from the economic effects of COVID-19. Now, in the midst of the pandemic and its potentially devastating aftermath, is not the time to burden small business owners, the core of the state’s economy....

To understand who exactly would be affected by the so-called “Fair Share” tax proposed by the legislature at the behest of the MTA and the SEIU [Massachusetts Teachers Association and the Service Employees International Union], it is critical to ascertain how often so-called “millionaires” earn $1 million or more in a year. Fortunately, the Tax Foundation’s data on the persistence of millionaires allows us to do just that. According to the Tax Foundation’s “Income Mobility and the Persistence of Millionaires, 1999 to 2007,” fully half of U.S. taxpayers who reported gross annual income of $1 million or more at least once over a nine-year period did so only once. Nearly two-thirds did so two or fewer times, and almost three-quarters did so three or fewer times. Fewer than 20 percent did so in a majority of the nine years and fewer than 6 percent earned $1 million or more every year.

This data exposes a potential vulnerability of the proposed graduated income tax, showing it to be more of a “retirement tax,” as many people rely on recouping the value from home equity or a stake in a business to pay for their retirement. In fact, Massachusetts displays the very same concentration of “one-time millionaires.” In the Commonwealth, 46 percent of households with incomes over $1 million did so only once in 10 years and fully 60 percent did so twice or less in the 10-year period ended in 2017 (see Figure 2).

http://cltg.org/cltg/clt2021/images/Pioneer-Figure2.png

This data alone does not prove that many “millionaires” are retirees, or whether those who are using the income to pay for retirement try to avoid taxes on that income. However, other IRS data shows that after similar graduated income tax levies passed in other states, out-migration exploded among people of retirement age. The so-called “Fair Share” tax would apply to — and dampen the retirement plans of — a significant number of people who worked a lifetime and who are not consistent millionaires....

This is a new insight, one I don't recall having been considered before.  The greatest number of victims of this "millionaires" money grab will one-time road kill, retirees and small-business owners checking out into retirement, selling off their lifetime-accumulated assets.  The Takers' the usual suspects, the teachers' union and "Woke" leftist unions call this "fairness."

Of course this is and has always been just another Trojan Horse intended to slip inside the constitutional gate to eliminate the flat-tax, in which everyone pays the same tax rate on all income; replace it with the long-lusted for graduated income tax with different rates on different income brackets.

Boston Herald columnist and WRKO radio talk host Howie Carr has a different concern one which should concern all of us today.  In his column on Saturday ("Massachusetts electorate’s ignorance might just get ‘millionaires tax’ passed") he wrote:

The welfare-industrial complex has a very simple theory about why they’re finally going to pass the graduated income tax in Massachusetts next year: They believe that after 60 years, they have at last succeeded in dumbing down the state electorate to the point that a majority will actually vote against their own best interests — to impoverish themselves.

Sadly, the hacks are probably correct.

This time around, the soak-the-middle-class scheme has been rebranded as a “millionaires tax,” because supposedly only taxpayers who will have their state income taxes jacked up from 5% to 9% a year are those making over a million dollars a year.

And the extra billions, which will only come from people making a lot more money than you, will go to really worthy projects, like “infrastructure” and education — “for the children,” don’t you know.

Wink wink, nudge nudge....

That ignorance is what the hackerama is banking on. They think at least 50%-plus one of the state’s voters are in fact that feeble-minded. And the evidence backs them up.

The non-working classes have been diligently attempting to impose this graduated-income tax on the commonwealth since 1962. Consider the declining results for the productive classes.

In 1962, the same year that a Massachusetts native, JFK, pushed through a federal tax cut by pointing out that “a rising tide lifts all boats,” his home-state constituents rejected the proposed state tax increase, 83-17.

In 1968 the hacks tried again — 70% voted thumbs down.

In 1972, even as Massachusetts was the only state to vote for acid, amnesty and abortion, 67% said no new taxes.

In 1976, the payroll patriots tried again. No — 73%.

In 1994 — the taxpaying majority (64.6%) once more voted no.

In 2018, the hackerama tried to put the Trojan horse back on the ballot via some back-door maneuver. But the Supreme Judicial Court, hardly a bulwark against lunacy of any sort, told Beacon Hill to forget about it.

For those of you keeping score at home, that makes the hackerama 0-6. But like an antibiotic-resistant STD, the graduated-income tax is baaaaaaack again, one legislative vote away from being back on the ballot in 2022.

The Pioneer Institute put out a new study last week, stressing the obvious: “’Millionaires’ tax’ wouldn’t just hit the mega-rich.’”

But is anyone paying attention anymore? That’s the problem....

Of course, should the hacks finally win on their seventh try, we will be told that the new, higher tax rate is “settled law,” and should never, ever be tampered with again by anything so unseemly as a repeal effort.

And even if the electorate did eventually vote to repeal, the legislature would probably ignore it. Remember Mike Dukakis’ “temporary” income tax increase of 1989? By 2000, the voters repealed the “temporary” law in a landslide, 60-40, but the rate didn’t go back down to 5% until 30 years after its “temporary” enactment....

If you’ve always dreamed of being a millionaire, just vote for the “millionaires tax,” because by 2024 at the latest, you will indeed be a millionaire — at least for Massachusetts tax purposes. Once the graduated income tax is on the books, they can pick off everybody who works for a living, one income quintile at a time.

There’s an old saying: “Don’t tax you, don’t tax me. Tax that guy behind the tree.”

In Maskachusetts in 2023, that guy behind the tree will run away. Then the tree itself will be chopped down. Then anyone who can’t run away will be chopped down, and fed into an economic wood chipper.

That is the one promise the hacks will keep — guaranteed.

Howie made one mistake in that column when he wrote:  "Of course, should the hacks finally win on their seventh try, we will be told that the new, higher tax rate is 'settled law,' and should never, ever be tampered with again by anything so unseemly as a repeal effort."

In my Boston Herald Comment on his column I noted:

The graduated income tax proposal (being sold as a "millionaires tax") is a constitutional amendment, and constitutional amendments are not subject to repeal.

If it is adopted and is embedded into the state constitution, it would require the years-long and arduous process of another constitutional amendment to make it go away.  Constitutional amendments require significant support in the Legislature and an actual vote, twice over two legislative sessions (four years) which will never happen to abolish a graduated income tax.  The Legislature only supports constitutional amendments which benefit themselves (such as the one they effortlessly placed on the ballot providing them with automatic pay raises, sold to low-information voters as 'preventing legislators from ever voting themselves another pay grab').

Remember the proposed constitutional amendment for term limits proposed by the people after months of hard work collecting the necessary signatures?  That citizens petition saw more dodges and weaves in the Legislature than a goat-roping before it was blocked from making it onto the ballot:

http://cltg.org/cltg/Death_of_Term_Limits.htm

If the state's constitutional flat tax (everyone pays the same rate on taxable income) is ever replaced with a graduated income tax amendment — IT WILL BE FOREVER AND WILL INEVITABLY IMPACT ALL TAXPAYERS.

Citizens for Limited Taxation was founded in 1975 by Edward F. King specifically to oppose the fourth assault on the state constitution to impose a graduated income tax, which we defeated on the 1976 ballot.  The Takers came back for their fifth attempt on the 1994 ballot where CLT again defeated its efforts.  Now they're back for their sixth assault (seventh if the high court's 2018 rejection of it is counted).

http://cltg.org/cltg/clt2021/images/Barbara-94_Grad-Tax-Sign.jpg

Barbara Anderson holding a lawn sign for CLT's successful 1994 grad tax opposition ballot campaign


In its "Advances - Week of April 4, 2021" the State House News Service reported on Friday:

Department of Revenue is expected to announce March tax collections [on Monday]. DOR expects that it will collect $2.413 billion in taxes in March, which would be a drop of $246 million from March 2020, but actual collections have been shattering the agency's benchmarks in recent months....

Now eight months through fiscal year 2021, Massachusetts state government has collected $19.527 billion in taxes from people and businesses, which is $1.123 billion or 6.1 percent more than it did during the same eight pre-pandemic months of fiscal year 2020....

DOR considers March a "mid-size month" for tax collections, usually ranking sixth out of the 12 months. Through March 15, DOR had already collected $1.689 billion, which is up $107 million or 6.7 percent compared to the same half month period in March 2020.

I'm not the only one scratching my head wondering how this can be possible despite the state's pandemic response of shutting and locking down the economy for a year.  One of the economic soothsayer-groups which read the tea leaves, gazes into crystal balls, and produces economic forecasts for the year ahead upon which the state budget is set thinks they have it figured out.  Evan Horowitz, executive director of the Center for State Policy Analysis at Tisch College at Tufts University, wrote in CommonWealth Magazine on Sunday ("Why tax forecasts during COVID have been so wrong"):

One of the great puzzles of the past year is that the world was devastated by a plague and Massachusetts tax revenues were...pretty much OK. Month after month, the state is collecting far more money than expected, dissolving initial fears of a multi-billion dollar deficit and leading to a new realization that state finances are relatively healthy.

This remarkable turn-of-events raises two fundamental questions. First, how have state tax revenues held up so well amid the lockdowns, joblessness, and main street woes? Second, should experts and policy wonks have foreseen this surprising outcome? ...

Between April and June, the state did experience a sizable drop in tax revenue.

But an unexpected thing happened when spring turned to summer and the state's new fiscal year (FY 2021) began. Monthly reports from the Department of Revenue started showing relatively healthy-looking tax collections. And far from a temporary blip, that overperformance has continued right up to the present.

As of the end of February, Massachusetts is on pace to collect $31.5 billion, vastly more tax revenue than expected — indeed, more than we were collecting before the pandemic struck.

Why did tax revenues remain strong? ...

Between stimulus checks, PPP loans, bailouts for hard-hit sectors, public health spending, and a host of other cash infusions, federal aid has helped sustain people's incomes and encourage spending. And in that way, it also bolstered the state tax system.

Consider the state income tax. For tax purposes, unemployment benefits generally count as income, just like a paycheck. So when the federal government introduced expanded unemployment insurance — with many laid-off workers receiving more money in benefits than they ever received from their jobs — that raised state income tax receipts. (More recently, the state has decided to refund some of these taxes paid on unemployment benefits — not least because other revenue streams are returning.)

Or, think about what people do when they get money from the federal government, be it through unemployment benefits, direct stimulus checks, or a paycheck backstopped by PPP loans. They turn around and spend some of that money at local grocery stores and online marketplaces, which generates sales tax for Massachusetts....

Why couldn't we foresee it? ...

Trouble is, the early pessimism wasn't just wrong but enduringly so. It was a stake we had put in the ground, and even when monthly updates showed surprisingly strong tax revenues, we still felt tied to that stake.

Perhaps the best example is the notion — heard echoing through the virtual corridors of the State House last fall — that the real challenge was going to be next year (FY22). We had predicted a catastrophe; and if tax collections didn't actually look catastrophic, that only proved the real emergency was still out there somewhere, waiting to derail us....

Pretty soon, last year's deficit fears will seem like ancient history. But when economic uncertainty returns, as we all know it will, I hope we remember some of the lessons of this pandemic year: keep an eye on the feds; slow the process down; don't expect the next recession to look like the last one.

But I also hope that forecasters — myself included — are quicker to incorporate new information and more ready to regularly share their shifting sense of what's going on.

Oops, all the economic experts were wrong, even more so than usual.  I'm still not convinced Horowitz has covered all the bases that unemployment checks make up for the shutdown of the state economy or that "free" money from the state and Washington more than makes up for the massive loss of economic activity.  If that's the case then much of that government bail-out largesse is bailing out government, laundered through its unemployed victims.


On the climate mitigation costs front, we learned on Thursday of another cost of the progressive jihad.  The Boston Globe reported ("‘It’s going to hurt us’: Heating oil industry fights effort to eliminate state’s rebates"):

The heating oil industry is fired up about a proposal to take away energy-efficiency rebates from its customers as part of a state-led effort to wean homeowners off fossil fuels.

At issue are priorities endorsed March 24 by the Energy Efficiency Advisory Council that include phasing out Mass Save rebates for new oil-fired systems for heat and hot water, as well as no-interest loans for homeowners to install them, as soon as January. Rebates for natural gas-fired and propane installations would be ratcheted back significantly.

“It’s simply not fair,” said Michael Ferrante, president of the Massachusetts Energy Marketers Association. “I wouldn’t say it’s going to cripple the industry. But it’s going to hurt us. And it’s going to hurt heating oil customers.”

The proposal from the council, which is chaired by the state energy resources commissioner, follows recommendations issued by the Baker administration in December for Massachusetts to reach “net-zero” carbon emissions by 2050. The changes also line up with aggressive goals to reduce greenhouse gas emissions that were included in a sweeping climate law passed by the Legislature and signed by Governor Charlie Baker last week. One provision allows municipalities to adopt net-zero building codes for new construction, which could effectively block fossil-fuel hookups in future projects.

Significant changes in how buildings are heated will be needed if Massachusetts is to reach its 2050 emissions goal. State officials and environmentalists hope to encourage the use of electric heat pumps in homes and discourage fossil fuels. The ramifications could be huge for the 700,000-plus homeowners in the state who use heating oil — as well as for the companies that serve them.

Massachusetts electricity rates, meanwhile, are among the highest in the United States, nearly double the national average....

Ending oil rebates is one of many proposed changes to the Mass Save program, which is regulated by the state and funded by surcharges on electricity and natural gas bills. They will now be used by the state’s major electric and natural gas utilities as they formulate a plan for the next three years, with an eye toward incorporating climate benefits.

Government's punishment of undesired behavior such as how you heat and cool you home has begun, first by removing previous incentives to "break your will" before "turning the screws" to crush any resistance that remains.

So far Baker's Transportation and Climate Initiative (TCI) "boondoggle" is spinning wheels and treading water.  Of the dozen northeast states initially considering joining his coalition only two others have signed on Rhode Island and Connecticut (and the city of Washington, D.C.) — and only Massachusetts doesn't require a vote by its state legislature.  You may recall that the Baker administration once asserted that success of TCI depended on reaching a "critical mass" of participating states.  There are now only three governors of the dozen invited states that have agreed.  Whether or not the other two governors are given approval to participate by their respective legislatures remains questionable.

The Connecticut Mirror reported last Tuesday ("Opposed by GOP, Lamont campaigns for climate initiative"):

. . . But [Connecticut Gov. Ned] Lamont has gone a giant step further by signing onto a regional Transportation and Climate Initiative as a way to reduce greenhouse gases and raise money for transit — a concept bitterly opposed by many leaders of Stewart’s GOP.

In promoting TCI, as the initiative is known, the Lamont administration is working to succeed where it failed horribly two years ago in seeking support for highway tolls as a means to modernize Connecticut’s creaky infrastructure....

Stewart kept her distance from TCI, which is opposed by the leaders of the House and Senate Republican minorities in the General Assembly....

TCI is a cap-and-invest program and will bring revenue into the state – an estimated $89 million in 2023, increasing to as much as $117 million in 2032. Connecticut, Rhode Island and Massachusetts, the three states responsible for 73% of transportation emissions in New England, have signed a memorandum of understanding committing to the initiative.

Legislation is necessary to go forward, and the legislature’s Environment Committee is expected to vote on the plan Wednesday. It is opposed by the trucking industry and fuel marketers as an added cost to businesses and consumers....

In public-hearing testimony this month, House Minority Leader Vincent J. Candelora, R-North Branford, opposed the initiative as an added cost, but he also said it appeared that once created, TCI’s costs would have no legislative oversight.

“Considering that the average American is struggling to stay afloat due to the economic effects of the COVID-19 pandemic, now is not the proper time to be pursuing this policy,” Candelora told the committee.

Senate Minority Leader Kevin Kelly of Stratford and his deputy, Sen. Paul Formica of East Lyme, submitted joint testimony casting themselves as committed to clean air, if unwilling to endorse higher costs on gasoline brought by Senate Bill 884, the TCI measure.

“We share that goal of cleaner air,” they said. “However, we must protect middle class families’ wallets in the process, and Senate Bill 884 does not protect middle class families’ wallets.”

On Tuesday, Kelly said Republicans could achieve the same goals without any added costs.

“The reality for Connecticut middle-class families is that purchasing gasoline and food is still a necessity and increasing taxes on both is extremely regressive,” Kelly said. “It’s also misleading to suggest that the TCI gas tax will lead to cleaner air in Connecticut as states to our west are not moving forward with their own clean air reforms.”

In the end, Gov. Baker and Massachusetts may stand alone in support of his Transportation and Climate Initiative and that is the goal of our multi-state anti-TCI coalition.  Without "critical mass" it falls flat on its face.  We have another monthly Zoom conference among our partners later today, after which I should know more.


On the political front it's looking more like the Democrats' candidate to run against the Baker/Polito administration  whether that will be Charlie or Karyn  will likely be the ambitious Attorney General Maura Healey.  The Boston Herald reported last Monday ("Desperate Democrats led by Maura Healey flailing away at weakened Charlie Baker"):

Desperate Democrats led by Attorney General Maura Healey are flailing away at a weakened Gov. Charlie Baker in hopes of taking back the Corner Office in 2022 for the first time in eight years. Whether it’s working is questionable.

Healey, flush with campaign cash and popularity within the party, is directing a multipronged, not-so-stealth gubernatorial campaign — ripping Baker on everything from coronavirus vaccine delivery to opioids even though the governor is undecided on running for a third term.

Baker is not even a cinch to win his own party’s primary. Conservatives — including the Republican party’s own chairman — have publicly challenged him on moving too far liberal for their liking....

If Baker decides not to run for a third term, his lieutenant governor, Karyn Polito, would be the early favorite though she would likely face a stiff challenge from the conservative wing of the party. Former state lawmaker and failed U.S. Senate candidate Geoff Diehl is considering a gubernatorial campaign.

On the Democratic side, Healey is clearly the party’s first choice to eject Republicans from the governor’s office, though other Democrats led by Somerville Mayor Joseph Curtatone, Harvard professor Danielle Allen and former state Sen. Ben Downing are also plotting campaigns.

The attorney general has been crisscrossing the state — using her publicly funded office by the way — in a campaign-like tour of heavily Democratic areas like Brockton and Worcester.

Boston Herald veteran political columnist Peter Lucas observed on Thursday ("With Trump gone, Maura Healey turns ire on Baker"):

No one misses Donald Trump more than Maura Healey.

Because with Trump gone, she has no one to sue.

Attorney General Healey, 50, a progressive Democrat, sued Donald Trump close to 50 times during his four years as president, and a made a big deal out of it each time.

Now she is complaining about three lawsuits Republican attorneys general have filed against President Joe Biden, including challenging Biden’s failed immigration policy as well as his shutting down the Keystone XL pipeline that threw thousands out of work.

Healey, who spent the past four years trashing Trump and his agenda, said, “Donald Trump may be out of the White House, but Republican attorneys general across the country are still doing his bidding and conspiring to block President Biden’s agenda at every turn.” ...

While there is no public estimate of how much taxpayer money Healey spent on her lawsuits against Trump — most of which went nowhere — Healey gained a lot of publicity for “standing up” to Trump.

Surely it would be wickedly unfashionable in the woke world of progressives if Healey filed suit against Biden even though he is ultimately responsible — just as Trump was — for the sad plight, even death, of immigrant children led to the border and abandoned by Mexican traffickers.

But odds of the Democrat attorney general filing suit against the Democrat president range from nil to none.

But with Trump gone as her main political target, Healey has redirected her attention toward Gov. Baker, using Baker’s distribution of the COVID-19 as a thin veil to go after him. Charlie Baker has become her Donald Trump....


On a politically positive note (admittedly more difficult to find as the days pass), former-House Speaker Bob DeLeo's seat was filled in a special election last week and the winner was a conservative Democrat.  I didn't know any of those still existed, thought the species was extinct.  The New Boston Post reported on Tuesday ("Conservative Democrat Jeff Turco Easily Wins State Rep Seat in Winthrop and Revere"):

A deeply Democratic district stayed Democratic on Tuesday — but it’s a lot less left wing than it was.

The successor to former House Speaker Robert DeLeo (D-Winthrop) in the Massachusetts House of Representatives will be former Winthrop town council president Jeff Turco. The Democrat had no problem winning the Tuesday, March 30 special general election triggered by DeLeo’s December 2020 resignation to take a job teaching about legislation and public policy at Northeastern University. The seat has been vacant since then.

The self-described “moderate” Turco trounced his two opponents, Paul Caruccio, a Republican, of Winthrop, and Winthrop resident Richard Fucillo, an unenrolled candidate. Turco got 57.3 percent of the vote (1,861 votes) while Caruccio got 14.3 percent (466 votes) and Fucillo got 14.6 percent (473 votes), according to multiple reports....

Turco was the subject of controversy during the primary for some of his conservative leanings.

Turco has said in the past that he voted for former President Donald Trump in 2016. He gave money to U.S. Senator Susan Collins (R-Maine) in 2020. He has expressed opposition to abortion. He also has criticized U.S. Senator Elizabeth Warren (D-Massachusetts) and former President Barack Obama.

In response to his primary win four weeks ago, Planned Parenthood Advocacy Fund of Massachusetts said it will help run someone against Turco in 2022.

“Jeff Turco is dangerous and has no place on Beacon Hill,” the fund tweeted. “And if he wins, we’ll be there in 2022 to primary him and elect a candidate who will champion the sexual and reproductive rights of their community.”

Before you get too excited recognize that newly-minted state Rep. Turco was one of four candidates in the crowded primary and won with just 36.2 percent of the vote.  That pretty much made him the heir-apparent in a Democrat stronghold district.  It would have been man-bites-dog news if anyone but the last Democrat standing had taken the seat.  Still, better a moderate/conservative Democrat than another "Progressive."


Add The Salem News to the growing call to restrict the unbridled power of potentially tyrannical governors of the future.  From its editorial on Wednesday ("Time to rein in the governor's power"):

A year ago, when it became clear the coronavirus was a major threat to public health, Gov. Charlie Baker declared a state of emergency and took charge by using the executive authority of his position. He ordered businesses shut down, schools closed and dictated mask mandates, limits on the size of gatherings and dozens of other restrictions on daily life and business.

The power Baker wielded – and still uses – came by way of the 1950 Civil Defense Act, allowing him to issue executive orders without legislative approval during a state of emergency. And it was, without a doubt, an emergency....

State Sen. Diana DiZoglio, D-Methuen, is one lawmaker behind bills filed to limit the governor’s reach. She said recently she believes the Legislature needs to exercise oversight or review of executive orders in a reasonable period of time.

“This is not a dictatorship,” DiZoglio told State House News Service. “The governor has taken a top-down, authoritative approach to the COVID-19 response and as a result many residents have not been heard. It’s too much for any one person and one administration to handle when dealing with emergencies of this scale and length.”

DiZoglio is proposing a 60-day limit on the governor’s emergency orders, requiring him to go before the House and Senate for extensions. The Civil Defense Act doesn’t require any such review or impose a time limit.

On the House side, Rep. Nick Boldyga, R-Southwick, filed a bill similar to what DiZoglio proposes that would impose a 30-day sunset on emergency orders and mandates. Boldyga’s bill would give state courts jurisdiction to hear cases challenging state and local emergency orders....

The question of limiting a governor’s power during a state of emergency isn’t unique to Massachusetts. Dozens of state legislatures have filed more than 200 bills and resolutions to scale back, restrict or provide more oversight over their governors’ power during the pandemic.

Here in the Bay State, it’s past time for the Legislature to act in this pandemic and that means curtailing the governor’s emergency power before they’re needed again.

"Those who fail to learn from history are doomed to repeat it."  It's too late to rectify the heavy-handed, liberty-crushing magisterial response to the Wuhan Chinese pandemic, but there's hope perhaps that it won't and can't be allowed to happen again.

Chip Ford
Executive Director


Full News Reports Follow
(excerpted above)

The Boston Herald
Thursday, April 1, 2021
Study says Massachusetts ‘millionaires tax’ wouldn’t just hit the mega-rich
By Sean Philip Cotter


A new study from the Pioneer Institute says the so-called “millionaires tax” that’s regularly discussed on Beacon Hill wouldn’t just dip into the pockets of the wealthiest few, but would also nail middle-class people cashing out for retirement.

“Despite its purported goal of taxing only the uber-rich, the graduated income tax would fail to protect people of more modest means from overtaxation on one-time windfalls,” wrote study authors Greg Sullivan & Andrew Mikula. “It has the ability to push those with significant capital gains and valuable asset sales into higher tax brackets, punishing owners of retirement nest eggs and desirable real estate. In practice, these ‘one-time millionaires,’ who cash in on a lifetime of work and sacrifice in anticipation of retirement, out-number those who consistently have seven-figure salaries or stock market windfalls.”

The graduated income tax proposal — dubbed the millionaires tax” or the “fair share amendment” — would slap an additional 4% income tax on annual income over $1 million. The Massachusetts Supreme Judicial Court in 2018 threw out a move to get the measure on the ballot for a referendum, but the proponents have kept at it, and the Legislature is expected to vote in the coming months on whether to put it on the ballot in 2022.

Advocates for the measure say this would require the wealthiest few to pay their “fair share,” and that this move could then provide funding for various state programs.

Pioneer, which tends fiscally conservative and favors smaller government, said in the report that there could be unintended consequences. For one, it could come down heavily on people looking to sell property or a business and retire.

“This surtax would devastate the retirement plans of many Massachusetts residents,” said Pioneer Institute Executive Director Jim Stergios. “Proponents of the tax haven’t thought about the incentive it creates to change one’s domicile to low- or no-tax states as Massachusetts residents approach retirement, nor the deterrent it would create to investment.”

The report also posited that it could hinder economic recovery efforts by discouraging investment, and it could chase seniors out of the state.
 


Pioneer Institute
The Graduated Income Tax Trap: A retirement tax on small business owners
April 1, 2021
by Andrew Mikula and Greg Sullivan
[Excerpts]


This report finds that, if passed, a constitutional amendment to impose a graduated income tax would raid the retirement plans of Massachusetts residents by pushing their owners into higher tax brackets on the sales of homes and businesses. The study aims to help the public fully understand the impact of the proposed new tax.

Introduction

In recent decades, Massachusetts policymakers have worked hard to shed the “Taxachusetts” label that plagued the Commonwealth into the 1990s. Once at 6.25 percent, the state income tax had fallen to 5 percent by 2020, while corporate tax rates have been flat. Massachusetts tax policy has prioritized stability and predictability so far in the 21st century. But since 2015, a graduated income tax proposal has sought to undermine those priorities under the guise of a “fair” tax only on the super-wealthy.

Despite its purported goal of taxing only the uber-rich, the graduated income tax would fail to protect people of more modest means from overtaxation on one-time windfalls. It has the ability to push those with significant capital gains and valuable asset sales into higher tax brackets, punishing owners of retirement nest eggs and desirable real estate. In practice, these “one-time millionaires,” who cash in on a lifetime of work and sacrifice in anticipation of retirement, outnumber those who consistently have seven-figure salaries or stock market windfalls.

Further, because of the tax treatment of pass-through business income, many of these “onetime millionaires” could be small business owners still reeling from the economic effects of COVID-19. Now, in the midst of the pandemic and its potentially devastating aftermath, is not the time to burden small business owners, the core of the state’s economy.

What is the Graduated Income Tax?

For the past several years, Massachusetts has been considering a state constitutional amendment that would levy a four percent surtax on annual personal income over $1 million. The first attempt to do so, filed by initiative petition, failed a Massachusetts Supreme Judicial Court challenge in 2018 before re-emerging as a legislative petition and receiving initial approval at a constitutional convention in 2019. A vote on final approval by the legislature is expected in the spring of 2021. If passed, it will appear on the statewide ballot in the fall of 2022.

Proponents of the amendment, led by the Massachusetts Teachers Association and the Service Employees International Union, together with advocacy and religious groups, call it the “Fair Share Amendment,” a nod to their frequent assertions that the measure would require only the very wealthy to pay what proponents believe is their “fair share” of taxes.

Opponents argue that it would endanger the long-term economic well-being of Massachusetts by prompting high-income residents and businesses to relocate to states that have lower income tax rates and discouraging high-income individuals and businesses from coming
to Massachusetts in the first place. They believe that COVID-19 may exacerbate these relocation effects, as the pandemic has made telecommuting much more prevalent, at least in the short term....

The impact on homeowners

The proposed surtax does not include a safeguard to prevent capital gains from the sale of a home, after exclusion of $250,000 for single filers or $500,000 for joint filers, on the sale of a principal residence or long-held small business property from pushing a taxpayer into the 9 percent tax bracket. This is contrary to how taxes are treated at the federal level, where capital gains cannot force a taxpayer into a higher bracket. The graduated income tax will thus ensnare many families few would consider to be “millionaires” who have large amounts of capital gains in a single year due to the sale of a long-owned home or small business.

By including capital gains in the computation of annual income that exceeds the $1 million threshold, the graduated income tax effectively taxes the extraordinary escalation of Massachusetts housing prices that has occurred in recent decades. One example of such growth occurred in the city of Cambridge, where the median price of a single-family home has more than quadrupled in 24 years, from $327,000 in January 1996 to $1.47 million in January 2020, while the Consumer Price Index rose by 67 percent. Seniors and small business owners who have owned their homes or business property for many years and are relying on decades of appreciation upon retirement will find themselves among those subject to the 4 percent surcharge, even if their ordinary income otherwise falls well below the million-dollar threshold.

The Retirement Tax

To understand who exactly would be affected by the so-called “Fair Share” tax proposed by the legislature at the behest of the MTA and the SEIU, it is critical to ascertain how often so-called “millionaires” earn $1 million or more in a year. Fortunately, the Tax Foundation’s data on the persistence of millionaires allows us to do just that. According to the Tax Foundation’s “Income Mobility and the Persistence of Millionaires, 1999 to 2007,” fully half of U.S. taxpayers who reported gross annual income of $1 million or more at least once over a nine-year period did so only once. Nearly two-thirds did so two or fewer times, and almost three-quarters did so three or fewer times. Fewer than 20 percent did so in a majority of the nine years and fewer than 6 percent earned $1 million or more every year.

This data exposes a potential vulnerability of the proposed graduated income tax, showing it to be more of a “retirement tax,” as many people rely on recouping the value from home equity or a stake in a business to pay for their retirement. In fact, Massachusetts displays the very same concentration of “one-time millionaires.” In the Commonwealth, 46 percent of households with incomes over $1 million did so only once in 10 years and fully 60 percent did so twice or less in the 10-year period ended in 2017 (see Figure 2).

http://cltg.org/cltg/clt2021/images/Pioneer-Figure2.png

This data alone does not prove that many “millionaires” are retirees, or whether those who are using the income to pay for retirement try to avoid taxes on that income. However, other IRS data shows that after similar graduated income tax levies passed in other states, out-migration exploded among people of retirement age. The so-called “Fair Share” tax would apply to — and dampen the retirement plans of — a significant number of people who worked a lifetime and who are not consistent millionaires....

Conclusion

The bottom line is that individuals with consistent annual incomes of $1 million or more are not the only ones who will be subject to this “Fair Share” tax. Instead, included in Massachusetts’ new top income tax bracket will be many middle class citizens who wisely invested in a business or real estate at the right time and merely want to remain comfortable in their old age by cashing in on those investments. Thus, the so-called “millionaires tax” is really a retirement tax for many who will be subject to it in a given year, and only in part a tax on the super-wealthy. Before the Massachusetts legislature moves this constitutional amendment forward, the following facts must be considered:

1.  The graduated income tax proposal will take a significant bite out of the retirement nest eggs of many small business owners and longtime homeowners.

2.  The surtax could hinder economic recovery efforts from COVID-19 by discouraging capital investment and making it harder for business owners to hire back workers.

3.  A sizable plurality of Massachusetts million-dollar earners only have a seven-figure annual income once in a 10-year period, an indication that most people affected by the surtax will not be the uber-wealthy technology magnates and hedge fund managers usually associated with the term “millionaire.”

4.  When California levied a similar tax hike on high income earners in 2012, it experienced a 14-fold increase in annual net taxable income losses due to seniors leaving the state, amounting to nearly $1.3 billion in 2013 alone. In 2018, this number had still failed to return to pre-tax hike levels.

Without subjecting the graduated income tax proposal to further scrutiny, the Massachusetts legislature risks significantly damaging the economy, spurring cycles of capital disinvestment and lower productivity that reach all corners of the states, and destabilizing the budgets of both the state government and countless senior citizens.
 


The Boston Herald
Saturday, April 3, 2021
Massachusetts electorate’s ignorance might just get ‘millionaires tax’ passed
By Howie Carr


The welfare-industrial complex has a very simple theory about why they’re finally going to pass the graduated income tax in Massachusetts next year: They believe that after 60 years, they have at last succeeded in dumbing down the state electorate to the point that a majority will actually vote against their own best interests — to impoverish themselves.

Sadly, the hacks are probably correct.

This time around, the soak-the-middle-class scheme has been rebranded as a “millionaires tax,” because supposedly only taxpayers who will have their state income taxes jacked up from 5% to 9% a year are those making over a million dollars a year.

And the extra billions, which will only come from people making a lot more money than you, will go to really worthy projects, like “infrastructure” and education — “for the children,” don’t you know.

Wink wink, nudge nudge.

If you actually believe any of this, you probably still think that Elizabeth Warren is a Cherokee princess, that Dr. Anthony Fauci knows what he’s talking about, that Hunter Biden’s laptop was hacked by the Russians, and that the FBI and the Mass. State Police are on the level …

That ignorance is what the hackerama is banking on. They think at least 50%-plus one of the state’s voters are in fact that feeble-minded. And the evidence backs them up.

The non-working classes have been diligently attempting to impose this graduated-income tax on the commonwealth since 1962. Consider the declining results for the productive classes.

In 1962, the same year that a Massachusetts native, JFK, pushed through a federal tax cut by pointing out that “a rising tide lifts all boats,” his home-state constituents rejected the proposed state tax increase, 83-17.

In 1968 the hacks tried again — 70% voted thumbs down.

In 1972, even as Massachusetts was the only state to vote for acid, amnesty and abortion, 67% said no new taxes.

In 1976, the payroll patriots tried again. No — 73%.

In 1994 — the taxpaying majority (64.6%) once more voted no.

In 2018, the hackerama tried to put the Trojan horse back on the ballot via some back-door maneuver. But the Supreme Judicial Court, hardly a bulwark against lunacy of any sort, told Beacon Hill to forget about it.

For those of you keeping score at home, that makes the hackerama 0-6. But like an antibiotic-resistant STD, the graduated-income tax is baaaaaaack again, one legislative vote away from being back on the ballot in 2022.

The Pioneer Institute put out a new study last week, stressing the obvious: “’Millionaires’ tax’ wouldn’t just hit the mega-rich.’ ”

But is anyone paying attention anymore? That’s the problem.

Of course, should the hacks finally win on their seventh try, we will be told that the new, higher tax rate is “settled law,” and should never, ever be tampered with again by anything so unseemly as a repeal effort.

And even if the electorate did eventually vote to repeal, the legislature would probably ignore it. Remember Mike Dukakis’ “temporary” income tax increase of 1989? By 2000, the voters repealed the “temporary” law in a landslide, 60-40, but the rate didn’t go back down to 5% until 30 years after its “temporary” enactment.

Then there were the tolls on the turnpike. They were going to come down as soon as the bonds that were sold to build it were paid off — in 1988. Pinky promise — no more tolls on I-90 as of Jan. 1, 1989.

How’s that one working out for you, MetroWest?

Once the income tax rate is increased from 5% to 9% for all those evil millionaires, guess what happens next.

The supply of Massachusetts millionaires, never robust to begin with, will fail instantly. A lot of them will get their taxable income under seven figures, but most will just decamp to Free America — Florida, New Hampshire, etc. As a matter of fact, a lot of them already have.

The Cult of the Mask is just a precursor of the police state Charlie Parker et al. have in mind for all of us. Maskachusetts Uber Alles!

This exodus of millionaires, or at least tax avoidance on steroids, has happened in every single jurisdiction where this heist has been attempted. Tax revenues in fact decline, and the pols say, not even that sheepishly, gee, I guess we miscalculated, so now we’re going to have to impose the “millionaires tax” on … guess who?

If you’ve always dreamed of being a millionaire, just vote for the “millionaires tax,” because by 2024 at the latest, you will indeed be a millionaire — at least for Massachusetts tax purposes. Once the graduated income tax is on the books, they can pick off everybody who works for a living, one income quintile at a time.

There’s an old saying: “Don’t tax you, don’t tax me. Tax that guy behind the tree.”

In Maskachusetts in 2023, that guy behind the tree will run away. Then the tree itself will be chopped down. Then anyone who can’t run away will be chopped down, and fed into an economic wood chipper.

That is the one promise the hacks will keep — guaranteed.
 


State House News Service
Friday, April 2, 2021
Advances - Week of April 4, 2021


Monday, April 5, 2021

MARCH REVENUES:  Department of Revenue is expected to announce March tax collections. DOR expects that it will collect $2.413 billion in taxes in March, which would be a drop of $246 million from March 2020, but actual collections have been shattering the agency's benchmarks in recent months.

DOR recently moved the state tax filing deadline for individuals to May 17 to comport with the federal deadline, which could necessitate adjustments to the agency's monthly estimates and benchmarks -- or perhaps another adjustment to the underlying revenue assumption for the fiscal year that ends June 30.

Now eight months through fiscal year 2021, Massachusetts state government has collected $19.527 billion in taxes from people and businesses, which is $1.123 billion or 6.1 percent more than it did during the same eight pre-pandemic months of fiscal year 2020.

The last month Massachusetts saw a year-over-year decline in tax collections was September. That caught the attention this week of Moody's Investor Services, which noted that while the pandemic "has resulted in persistently high unemployment" for Massachusetts, "revenues have performed well, coming in 6.1% year-over-year through February 2021, after recording delayed income tax receipts."

DOR considers March a "mid-size month" for tax collections, usually ranking sixth out of the 12 months. Through March 15, DOR had already collected $1.689 billion, which is up $107 million or 6.7 percent compared to the same half month period in March 2020. The agency said collections tend to be weighted towards the end of the month, so the mid-month figures are not used to project full-month revenue.
 


CommonWealth Magazine
Sunday, April 4, 2021
Why tax forecasts during COVID have been so wrong
By Evan Horowitz


One of the great puzzles of the past year is that the world was devastated by a plague and Massachusetts tax revenues were...pretty much OK. Month after month, the state is collecting far more money than expected, dissolving initial fears of a multi-billion dollar deficit and leading to a new realization that state finances are relatively healthy.

This remarkable turn-of-events raises two fundamental questions. First, how have state tax revenues held up so well amid the lockdowns, joblessness, and main street woes? Second, should experts and policy wonks have foreseen this surprising outcome?

If you're looking for quick answers, the tl;dr [sic-typo] version goes like this: thanks to its mix of revenue sources, the Massachusetts tax system was able to capture the benefits of outsize federal spending and shifting economic activity; and while that was hard to see in advance, we could have done a much better job revising forecasts and updating expectations along the way.

What actually happened?

A year ago, when COVID-19 was first spreading across Massachusetts and we were learning new phrases like "contact tracing" and "flatten the curve," the Massachusetts Legislature asked various economists and policy groups (including my own) to assess the potential consequences for tax revenues and the state economy more generally.

Nearly everyone at the roundtable expressed dire concern and warned of mammoth uncertainty. Unemployment was going to spike (it did), GDP would collapse (it did), and state tax revenues were likely to crater, just as they had at the nadir of the Great Recession, when Massachusetts had a $3 billion shortfall — followed by another $1.5 billion deficit the following year.

At first, the warnings held true. Between April and June, the state did experience a sizable drop in tax revenue.

But an unexpected thing happened when spring turned to summer and the state's new fiscal year (FY 2021) began. Monthly reports from the Department of Revenue started showing relatively healthy-looking tax collections. And far from a temporary blip, that overperformance has continued right up to the present.

As of the end of February, Massachusetts is on pace to collect $31.5 billion, vastly more tax revenue than expected — indeed, more than we were collecting before the pandemic struck.

Why did tax revenues remain strong?

There are two main reasons Massachusetts tax revenues have bested expectation: 1) massive economic aid from the federal government; 2) a flexible tax system which allowed us to capture shifting economic activity.

Between stimulus checks, PPP loans, bailouts for hard-hit sectors, public health spending, and a host of other cash infusions, federal aid has helped sustain people's incomes and encourage spending. And in that way, it also bolstered the state tax system.

Consider the state income tax. For tax purposes, unemployment benefits generally count as income, just like a paycheck. So when the federal government introduced expanded unemployment insurance — with many laid-off workers receiving more money in benefits than they ever received from their jobs — that raised state income tax receipts. (More recently, the state has decided to refund some of these taxes paid on unemployment benefits — not least because other revenue streams are returning.)

Or, think about what people do when they get money from the federal government, be it through unemployment benefits, direct stimulus checks, or a paycheck backstopped by PPP loans. They turn around and spend some of that money at local grocery stores and online marketplaces, which generates sales tax for Massachusetts.

It’s worth noting, though, that we did get lucky here. Had the pandemic hit just a few years ago, sales tax collection might have been hamstrung by the fact that Massachusetts lacked the clear authority to collect taxes from online retailers located in other parts of the country.

However, a landmark Supreme Court ruling in 2018 expanded states’ ability to collect sales taxes from online retailers. And that has proved essential in a pandemic year when so many local storefronts have been shuttered and so much economic activity is happening online.

Why couldn't we foresee it?

Maybe it’s cold comfort but we were hardly alone in expecting devastating tax shortfalls. States around the country, and national policy groups, all predicted the same thing.

Trouble is, the early pessimism wasn't just wrong but enduringly so. It was a stake we had put in the ground, and even when monthly updates showed surprisingly strong tax revenues, we still felt tied to that stake.

Perhaps the best example is the notion — heard echoing through the virtual corridors of the State House last fall — that the real challenge was going to be next year (FY22). We had predicted a catastrophe; and if tax collections didn't actually look catastrophic, that only proved the real emergency was still out there somewhere, waiting to derail us.

There's also a deeper issue, which is that pessimism is always better than optimism when it comes to budget-making.

If you predict $30 billion in tax revenue and collect $31 billion, that feels like a windfall — free money to spend on new priorities. But it's a real problem if you expect $30 billion and collect $29 billion. In that case, not only do legislators have to renege on spending promises but they also cede some control, since Massachusetts law gives the governor greater authority over what gets cut.

As a consequence, lawmakers prefer to build budgets with conservative revenue estimates, and then to collect more tax dollars than planned.

There are essentially two ways to handle this: outside groups — like mine — could hedge our projections, giving valuable cover to lawmakers; or we could stick to straight economic modeling and let the politicians make downward adjustments as they construct the budget.

Each approach has benefits, but right now we've got a kind of in-between situation where some groups seem to hedge and others (including mine) don't. The result is a mix of projections that aren't really apples-to-apples.

How can we do better next time?

In "normal" times, the whole process for estimating tax revenues seems to work pretty well: outside groups make projections, lawmakers split the small differences, and budget-writing begins.

Recessions, pandemics, and economic turning points will always be more fraught, but two lessons of the last year really stand out:

Broad-based tax systems are more robust. It's helpful that we collect taxes on income, unemployment benefits, capital gains, in-person sales, online sales, and beyond — because it means we don't lose out when economic activity shifts.

Looking ahead, there are ways the state could further expand its tax base — and make our system more disruption-proof. For instance, taxes on services and digital goods are currently very limited, and a package that raised taxes in these areas — while lowering them in others — could buttress the system as a whole.

Flexibility is extremely valuable. When economists and outside groups were (wrongly) predicting a collapse in tax revenues, they also (rightly) supported a rethinking of the budget-writing process to reflect the high levels of uncertainty.

Breaking from the normal, full-year planning process, and relying instead on short-term spending proposals, gave budget-writers time to realize their early mistake and avoid the kind of drastic cuts that seemed inevitable last spring.

Pretty soon, last year's deficit fears will seem like ancient history. But when economic uncertainty returns, as we all know it will, I hope we remember some of the lessons of this pandemic year: keep an eye on the feds; slow the process down; don't expect the next recession to look like the last one.

But I also hope that forecasters — myself included — are quicker to incorporate new information and more ready to regularly share their shifting sense of what's going on.

Evan Horowitz is the executive director of the Center for State Policy Analysis at Tisch College at Tufts University.
 


The Boston Globe
Thursday, April 1, 2021
‘It’s going to hurt us’: Heating oil industry fights effort to eliminate state’s rebates
Mass Save’s popular incentives, including no-interest loans, could end in January
By Jon Chesto


The heating oil industry is fired up about a proposal to take away energy-efficiency rebates from its customers as part of a state-led effort to wean homeowners off fossil fuels.

At issue are priorities endorsed March 24 by the Energy Efficiency Advisory Council that include phasing out Mass Save rebates for new oil-fired systems for heat and hot water, as well as no-interest loans for homeowners to install them, as soon as January. Rebates for natural gas-fired and propane installations would be ratcheted back significantly.

“It’s simply not fair,” said Michael Ferrante, president of the Massachusetts Energy Marketers Association. “I wouldn’t say it’s going to cripple the industry. But it’s going to hurt us. And it’s going to hurt heating oil customers.”

The proposal from the council, which is chaired by the state energy resources commissioner, follows recommendations issued by the Baker administration in December for Massachusetts to reach “net-zero” carbon emissions by 2050. The changes also line up with aggressive goals to reduce greenhouse gas emissions that were included in a sweeping climate law passed by the Legislature and signed by Governor Charlie Baker last week. One provision allows municipalities to adopt net-zero building codes for new construction, which could effectively block fossil-fuel hookups in future projects.

Significant changes in how buildings are heated will be needed if Massachusetts is to reach its 2050 emissions goal. State officials and environmentalists hope to encourage the use of electric heat pumps in homes and discourage fossil fuels. The ramifications could be huge for the 700,000-plus homeowners in the state who use heating oil — as well as for the companies that serve them.

Massachusetts electricity rates, meanwhile, are among the highest in the United States, nearly double the national average.

It’s against this backdrop that the Massachusetts Energy Marketers Association, which represents about 400 heating oil dealers, finds itself about to lose Mass Save rebates, which range from $400 to $800 per installation, as well as access to the popular no-interest HEAT loans, to subsidize oil system installations. (The council recommends studying the impacts on low-income households before changing the incentives for those customers.)

Heating oil companies argue that their customers pay into Mass Save via electric bill surcharges and should be able to get rebates to upgrade their heating systems. Ferrante said he worries the utilities that work with state officials on the program have no incentive to support his industry. He said his association intends to challenge the changes in court if they are finalized.

“We’re under the microscope to be wiped off the map,” Ferrante said.

He noted that many heating oil suppliers have taken steps to address environmental impacts, by shifting to biofuel blends that have much lower carbon emissions. For example, nearly 80 dealers participate in a state-run program to encourage the use of biofuel, primarily discarded cooking oil, that can be blended with standard heating oil; they receive incentives funded by the penalties electric utilities pay for falling short of renewable energy goals.

Among the participants: Cubby Oil & Energy. President Charlie Uglietto said nearly all of the Wilmington company’s roughly 6,000 customers burn a 50/50 blend of petroleum and used cooking oil. He said it costs homeowners about $50 more a year than unblended heating oil. A few customers use fuel made solely from discarded cooking oil.

From Uglietto’s perspective, biodiesel is a more cost-effective way of addressing emissions than heat-pump installations, which state officials want prioritized in the new Mass Save plan.

“Neither the state nor Mass Save nor a lot of people recognize the value of liquid renewable fuels,” Uglietto said. “Why are we making people buy $25,000 heat pump installations when we can just change the fuel that goes into people’s oil burners and achieve greenhouse reductions today for pennies on the dollar? I just don’t get it.”

Caitlin Peale Sloan, who heads Massachusetts policy efforts for the Conservation Law Foundation, said there isn’t enough discarded cooking oil from restaurants to go around for the heating oil industry to solely rely on it as a solution.

Ending oil rebates is one of many proposed changes to the Mass Save program, which is regulated by the state and funded by surcharges on electricity and natural gas bills. They will now be used by the state’s major electric and natural gas utilities as they formulate a plan for the next three years, with an eye toward incorporating climate benefits.

“We are really scrutinizing all our fossil fuel incentives and will be careful about which fossil fuel incentives that will be retained in the next plan. This is not just about heating oil,” said Patrick Woodcock, the state energy resources commissioner. “We think that heat pumps should be integrated across the state . . . It’s a technological breakthrough that Massachusetts will seize. It’s just a matter of time. We do think that time is now.”

Amy Boyd, a member of the efficiency council, said it and the utilities will hash out a final version by the end of October. She noted that heating oil customers could still use Mass Save funds for other efficiency measures, such as insulating their homes.

“Using ratepayer money to buy things that will keep fossil fuels around longer is wasting ratepayer money,” said Boyd, policy director at the Acadia Center, a climate-focused think tank. “I’m really glad that the EEAC is taking a stance on the need for electrification.”

But Emerson Clauss, co-owner of Allegiance Construction & Development in Northbridge, said the shift to electric heat still relies heavily on natural gas, the most prevalent fuel source for New England’s power plants. Clauss said he’s also troubled by the climate law’s net-zero language for new construction, because it could box out heating oil, propane, and natural gas as heating sources.

“More than half of our electricity comes from natural gas,” said Clauss, president-elect of the Home Builders and Remodelers Association of Massachusetts. “It sounds like we’re doing a great thing, moving in the right direction. But aren’t we just moving where the smoke is burned off?”
 


The Connecticut Mirror
Tuesday, March 30, 2021
Opposed by GOP, Lamont campaigns for climate initiative
By Mark Pazniokas, Capitol Bureau Chief

NEW BRITAIN — Gov. Ned Lamont was warmly greeted by Mayor Erin Stewart, the Republican who recently announced she would not challenge Lamont for governor in 2021. On Tuesday, they had common cause — if only to a point.

Stewart agreed to appear outside a gleaming new apartment building constructed on a city lot that she says was unmarketable until the construction across the street of CTfastrak, the busway much maligned in GOP circles.

The Republican mayor and Democratic governor each are boosters of transit-oriented development, a popular and politically safe approach to creating cities that are less reliant on gasoline-powered vehicles, the largest single source of greenhouse gases in Connecticut.

But Lamont has gone a giant step further by signing onto a regional Transportation and Climate Initiative as a way to reduce greenhouse gases and raise money for transit — a concept bitterly opposed by many leaders of Stewart’s GOP.

In promoting TCI, as the initiative is known, the Lamont administration is working to succeed where it failed horribly two years ago in seeking support for highway tolls as a means to modernize Connecticut’s creaky infrastructure.

And that brought him and Stewart to Columbus Commons, a new 80-unit apartment complex constructed on the site of the old police station, the first phase of a mixed-use development on Columbus Boulevard, across from the terminal of CTfastrak.

“It is the first ground up development that we saw in this city in decades — brand new, brand new housing, all because of the access to mass transit because of CTfastrak,” Stewart said.

Lamont, who announced his administration planned to use $3 million in pandemic relief to offer free weekend passage on CTfastrak and other transit buses over the summer, said he was trying to make transit-oriented development less abstract — and something worth funding.

“Transit-oriented development is a concept,” Lamont said. “Let’s show people exactly what it is. But everybody supports it. Everybody supports infrastructure, everybody supports rail, everybody supports what we want to do. They don’t necessarily want to pay for it.”

Stewart kept her distance from TCI, which is opposed by the leaders of the House and Senate Republican minorities in the General Assembly.

“I’m here to talk about the benefits of transit-oriented development has had in the community. And that’s what I spoke about today. But I’m not a member of the legislature. That’s up to these guys to get it passed.”

Those guys included Lamont, two top environmental and transportation advisers, and Sen. Will Haskell, D-Westport. Haskell is a supporter of TCI and the co-chair of the Transportation Committee.

“But really I’m here today to speak to you as the youngest member of the General Assembly,” Haskell said.

Even if the 33-year-old Stewart was not ready to sign on, the Lamont administration is trying to sell TCI to the General Assembly as crucial to the next generation, though there has been no youth groundswell comparable to the social justice movement arising from the the death of George Floyd and the rise of Black Lives Matter.

Haskell, 24, who unseated a long-serving Republican incumbent in 2018, was a featured speaker at a recent youth climate summit organized by Katie Dykes, the commissioner of energy and environmental protection.

“I can tell you that they are earnestly looking to Hartford and wondering whether the state legislature is going to stand up for their future, whether lawmakers are going to stand up for clean air and clean water for their generation to enjoy and for their children’s generation to enjoy,” Haskell said.

TCI is a cap-and-invest program and will bring revenue into the state – an estimated $89 million in 2023, increasing to as much as $117 million in 2032. Connecticut, Rhode Island and Massachusetts, the three states responsible for 73% of transportation emissions in New England, have signed a memorandum of understanding committing to the initiative.

Legislation is necessary to go forward, and the legislature’s Environment Committee is expected to vote on the plan Wednesday. It is opposed by the trucking industry and fuel marketers as an added cost to businesses and consumers.

It has broad support among environmentalists, though the Sierra Club and others are pressing lawmakers to gear the plan to environmental justice, ways to ameliorate the impact of pollution on poorer urban communities.

“It’s a pretty simple idea,” Haskell said. “It says that if you are going to pump pollutants into the air, then you also have to pay for the asthma that those pollutants create. It says that if you’re going to pump pollutants into the air, then you also have to pay to pave the way for green infrastructure. You’ve got to pay for electric vehicle charging stations, you’ve got to pay to bring our transportation infrastructure, our public transportation infrastructure into the 21st century.”

Dykes and Lamont said Tuesday that TCI could help the state leverage the federal transportation infrastructure funds that the Biden administration is promising.

“We’re going to be able to do projects like this to attract investment in transit-oriented development that helps limit the amount of time that people have to spend in their cars on commutes and getting around to the services that they want,” Dykes said. “And these types of projects, what we’re doing with the transportation climate initiative program, is going to position Connecticut to be at the front of the line for federal dollars that are going to become available from the Biden administration.”

Lamont said the federal share of those projects is expected to be 80% or 90%, but a state match still will be required.

“We got to put up our share out of a recurring revenue stream. And that could be Transportation Climate Initiative,” he said.

In public-hearing testimony this month, House Minority Leader Vincent J. Candelora, R-North Branford, opposed the initiative as an added cost, but he also said it appeared that once created, TCI’s costs would have no legislative oversight.

“Considering that the average American is struggling to stay afloat due to the economic effects of the COVID-19 pandemic, now is not the proper time to be pursuing this policy,” Candelora told the committee.

Senate Minority Leader Kevin Kelly of Stratford and his deputy, Sen. Paul Formica of East Lyme, submitted joint testimony casting themselves as committed to clean air, if unwilling to endorse higher costs on gasoline brought by Senate Bill 884, the TCI measure.

“We share that goal of cleaner air,” they said. “However, we must protect middle class families’ wallets in the process, and Senate Bill 884 does not protect middle class families’ wallets.”

On Tuesday, Kelly said Republicans could achieve the same goals without any added costs.

“The reality for Connecticut middle-class families is that purchasing gasoline and food is still a necessity and increasing taxes on both is extremely regressive,” Kelly said. “It’s also misleading to suggest that the TCI gas tax will lead to cleaner air in Connecticut as states to our west are not moving forward with their own clean air reforms.”
 


The Boston Herald
Monday, March 29, 2021
Desperate Democrats led by Maura Healey flailing away at weakened Charlie Baker
By Joe Battenfeld


Desperate Democrats led by Attorney General Maura Healey are flailing away at a weakened Gov. Charlie Baker in hopes of taking back the Corner Office in 2022 for the first time in eight years. Whether it’s working is questionable.

Healey, flush with campaign cash and popularity within the party, is directing a multipronged, not-so-stealth gubernatorial campaign — ripping Baker on everything from coronavirus vaccine delivery to opioids even though the governor is undecided on running for a third term.

Baker is not even a cinch to win his own party’s primary. Conservatives — including the Republican party’s own chairman — have publicly challenged him on moving too far liberal for their liking.

Baker’s popularity has taken a hit, according to the most recent polling, as critics have pounced on the state’s rocky early rollout of the COVID-19 vaccine and failing to prioritize some vulnerable populations.

But Democrats take him for granted at their own peril. He’s still more popular than Democratic statewide elected officials and would have the bully pulpit of the governor’s office throughout the 2022 campaign.

If Baker decides not to run for a third term, his lieutenant governor, Karyn Polito, would be the early favorite though she would likely face a stiff challenge from the conservative wing of the party. Former state lawmaker and failed U.S. Senate candidate Geoff Diehl is considering a gubernatorial campaign.

On the Democratic side, Healey is clearly the party’s first choice to eject Republicans from the governor’s office, though other Democrats led by Somerville Mayor Joseph Curtatone, Harvard professor Danielle Allen and former state Sen. Ben Downing are also plotting campaigns.

The attorney general has been crisscrossing the state — using her publicly funded office by the way — in a campaign-like tour of heavily Democratic areas like Brockton and Worcester.

In the last week she has attacked Baker for giving state contracts to consulting giant McKinsey & Co, just months after the company was forced to pay a $573 million settlement to states for its role in marketing the pain medication Oxycontin.

“After what they did to families here, why would we reward them more state contracts?” Healey asked on Twitter.

The Baker administration just recently handed McKinsey a $1.6 million study on the “future of work” following the coronavirus pandemic. Baker officials have also given McKinsey millions more in contracts with the state Department of Health and Human Services related to COVID-19.

Healey also made a slew of appearances in Worcester, to visit striking nurses, and in Brockton to visit local businesses hard hit by COVID-19.

Her trip to Brockton came just a day after a visit there by Baker.

Healey’s Brockton swing included a stop at a food pantry, which by any stretch of the imagination has nothing to do with the attorney general’s office.

Baker for his part has sought to dispel speculation that he’s tiring of the job of governor, telling WBUR radio in a recent interview that “we have a ton of work to do once we get past this pandemic … there’s plenty to do here.”
 


The Boston Herald
Thursday, April 1, 2021
With Trump gone, Maura Healey turns ire on Baker
By Peter Lucas


No one misses Donald Trump more than Maura Healey.

Because with Trump gone, she has no one to sue.

Attorney General Healey, 50, a progressive Democrat, sued Donald Trump close to 50 times during his four years as president, and a made a big deal out of it each time.

Now she is complaining about three lawsuits Republican attorneys general have filed against President Joe Biden, including challenging Biden’s failed immigration policy as well as his shutting down the Keystone XL pipeline that threw thousands out of work.

Healey, who spent the past four years trashing Trump and his agenda, said, “Donald Trump may be out of the White House, but Republican attorneys general across the country are still doing his bidding and conspiring to block President Biden’s agenda at every turn.”

Not only did her GOP colleagues fail to overturn the results of the election, “they’re hellbent on preventing a duly elected president from undoing the illegal policies of the past four years,” she said.

Healey, who has politicized the state’s law office, said, “For four years, Republican AGs were complicit in Donald Trump’s lies, hatred and attacks on our rule of law. Now they’re launching baseless, politically motivated attacks against President Biden.”

One of those “attacks” is challenging Biden’s chaotic immigration policy that has created a humanitarian crisis at the southern border.

Healey, as recently as last Sunday, accused the Republicans of seeking to block Biden’s “rollback of Trump’s cruel immigration policies.” The GOP suit is like the suit filed by Healey against Trump. But now the shoe is on the other foot.

If Trump’s immigration policies along the Mexican order were “cruel,” there is no word — except criminal — to describe what is happening to thousands of parentless children illegally crossing the border under Joe Biden.

Healey made her remarks in a fundraising appeal to supporters as reports mount that she is planning to fun for governor in 2022 when incumbent Republican Gov. Charlie Baker, 64, may or may not seek a third consecutive four-year term.

While there is no public estimate of how much taxpayer money Healey spent on her lawsuits against Trump — most of which went nowhere — Healey gained a lot of publicity for “standing up” to Trump.

Surely it would be wickedly unfashionable in the woke world of progressives if Healey filed suit against Biden even though he is ultimately responsible — just as Trump was — for the sad plight, even death, of immigrant children led to the border and abandoned by Mexican traffickers.

But odds of the Democrat attorney general filing suit against the Democrat president range from nil to none.

But with Trump gone as her main political target, Healey has redirected her attention toward Gov. Baker, using Baker’s distribution of the COVID-19 as a thin veil to go after him. Charlie Baker has become her Donald Trump.

The attorney general’s office, for the record, has no role to play in the distribution of the vaccine. However, this has not stopped Healey from traveling throughout the state in a campaign mode acting as though she does.

She is obviously testing the political waters and using the pandemic and the vaccine to do so as she questions the “equity” of the vaccine’s distribution.

Also, part of her campaign for racial justice and equity, the new catchwords of the left, is her charge that under Baker’s Massachusetts, “one of four children in the state” go hungry every night.

It is not known what Baker’s plans are for 2022, and Healey has not officially announced that she is running for the Democratic nomination for governor.

The only Democrat to officially announce his candidacy for governor is Ben Dowling, 39, of East Boston, a progressive Democrat who served five terms in the state Senate from Pittsfield before relocating to work for an environmental start-up.

Interestingly, though, Healey was able to quickly elbow Downing aside by taking over Downing’s issue of making COVID-19 vaccinations mandatory for state police, correction officers and other first responders, something that Baker has balked at.

Downing made his proposal a week ago last Friday. Three days later Healey echoed Downing’s remarks in a WGBH radio interview. She said it was “irresponsible” for cops and other state workers not to be vaccinated.

Ben Downing may not be a household name, but at least someone is listening to him.
 


The New Boston Post
Tuesday, March 30, 2021
Conservative Democrat Jeff Turco Easily Wins State Rep Seat in Winthrop and Revere
By Tom Joyce


A deeply Democratic district stayed Democratic on Tuesday — but it’s a lot less left wing than it was.

The successor to former House Speaker Robert DeLeo (D-Winthrop) in the Massachusetts House of Representatives will be former Winthrop town council president Jeff Turco. The Democrat had no problem winning the Tuesday, March 30 special general election triggered by DeLeo’s December 2020 resignation to take a job teaching about legislation and public policy at Northeastern University. The seat has been vacant since then.

The self-described “moderate” Turco trounced his two opponents, Paul Caruccio, a Republican, of Winthrop, and Winthrop resident Richard Fucillo, an unenrolled candidate. Turco got 57.3 percent of the vote (1,861 votes) while Caruccio got 14.3 percent (466 votes) and Fucillo got 14.6 percent (473 votes), according to multiple reports.

The general election was much less competitive than the March 2 Democratic primary, which Turco won by 6.1 percent with a plurality of the vote.

Turco was one of four candidates in the primary; he won it with 36.2 percent of the vote.

The runner-up in the March 2 race was Revere resident Juan Jaramillo, who served as budget director for state Senator Joseph Boncore (D-Winthrop) and is the political coordinator for 32BJ SEIU (Service Employees International Union). Jaramillo got 30.1 percent of the vote. The third-place finisher was Winthrop resident Alicia DelVento, who served as a communications director and policy adviser to state Representative Danielle Gregoire (D-Marlborough) and as a legislative aide to then-state Representative Jeffrey Sanchez (D-Jamaica Plain). She got 26 percent. And Winthrop resident Valentino Capobianco, who served as the chief of staff for state Senator Paul Feeney (D-Foxborough) before running for state representative, came in fourth. He got 7.7 percent of the vote.

Capobianco was the only one of those three candidates who publicly supported Turco in the special election. He told NewBostonPost in an email message on Sunday, “Jeff is an honorable man and ran an honorable campaign. I’ll be voting for him Tuesday as the Democratic nominee.”

Turco was the subject of controversy during the primary for some of his conservative leanings.

Turco has said in the past that he voted for former President Donald Trump in 2016. He gave money to U.S. Senator Susan Collins (R-Maine) in 2020. He has expressed opposition to abortion. He also has criticized U.S. Senator Elizabeth Warren (D-Massachusetts) and former President Barack Obama.

In response to his primary win four weeks ago, Planned Parenthood Advocacy Fund of Massachusetts said it will help run someone against Turco in 2022.

“Jeff Turco is dangerous and has no place on Beacon Hill,” the fund tweeted. “And if he wins, we’ll be there in 2022 to primary him and elect a candidate who will champion the sexual and reproductive rights of their community.”

The Nineteenth Suffolk District in the Massachusetts House of Representatives includes all of the town of Winthrop and parts of the eastern and central portions of the city of Revere (Ward 1, precincts 1 and 2; Ward 2; Ward 3, precincts 2 and 3; and Ward 5, precinct 3).
 


The Salem News
Wednesday, March 31, 2021
A Salem News editorial
Time to rein in the governor's power


A year ago, when it became clear the coronavirus was a major threat to public health, Gov. Charlie Baker declared a state of emergency and took charge by using the executive authority of his position. He ordered businesses shut down, schools closed and dictated mask mandates, limits on the size of gatherings and dozens of other restrictions on daily life and business.

The power Baker wielded – and still uses – came by way of the 1950 Civil Defense Act, allowing him to issue executive orders without legislative approval during a state of emergency. And it was, without a doubt, an emergency.

The virus spread rapidly, the number of infections grew and many hospital ICUs in the state filled to capacity. Baker designated what constituted an essential worker. He ordered people to stay home, if at all possible. He dictated what businesses could open. And he kept much of the state in virtual lockdown for a while to stop the spread of the virus.

Baker held almost daily press briefings in the first few months of the pandemic, using that bully pulpit to inform nervous residents, to highlight details about the opening of facilities to handle the overflow of COVID-19 patients and to hammer home the need for wearing masks and to practice social distancing.

For months last spring, summer and fall, lawmakers seemed content to let Baker’s office handle the state’s response.

Now, with a year of experience behind us and widespread vaccinations underway, some lawmakers are looking to scale back Baker’s executive authority through legislation to limit a governor’s power during a prolonged state of emergency. Clearly no one expected this pandemic to grip the state for as long as it has, and few could have predicted a governor would use this authority for as long as Baker has. In any case, it’s past time to curb the power given to the governor.

State Sen. Diana DiZoglio, D-Methuen, is one lawmaker behind bills filed to limit the governor’s reach. She said recently she believes the Legislature needs to exercise oversight or review of executive orders in a reasonable period of time.

“This is not a dictatorship,” DiZoglio told State House News Service. “The governor has taken a top-down, authoritative approach to the COVID-19 response and as a result many residents have not been heard. It’s too much for any one person and one administration to handle when dealing with emergencies of this scale and length.”

DiZoglio is proposing a 60-day limit on the governor’s emergency orders, requiring him to go before the House and Senate for extensions. The Civil Defense Act doesn’t require any such review or impose a time limit.

On the House side, Rep. Nick Boldyga, R-Southwick, filed a bill similar to what DiZoglio proposes that would impose a 30-day sunset on emergency orders and mandates. Boldyga’s bill would give state courts jurisdiction to hear cases challenging state and local emergency orders.

His bill wouldn’t strip Baker of his powers, Boldyga told the News Service. “But we have had no input on these executive orders … and it’s time to restore those checks and balances in government.”

DiZoglio echoed the concern that the legislative branch wasn’t empowered to rein in the power of the governor.

“Our jobs should not be to simply write letters to the governor hoping that he’ll take action,” she said.

The question of limiting a governor’s power during a state of emergency isn’t unique to Massachusetts. Dozens of state legislatures have filed more than 200 bills and resolutions to scale back, restrict or provide more oversight over their governors’ power during the pandemic.

Here in the Bay State, it’s past time for the Legislature to act in this pandemic and that means curtailing the governor’s emergency power before they’re needed again.


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