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CLT UPDATE
Sunday, July 17, 2022

A Small Tax Rebate, Some Tax Reforms


Jump directly to CLT's Commentary on the News


Most Relevant News Excerpts
(Full news reports follow Commentary)

The House budget chief is "hopeful" that a deal on the overdue state budget will be reached this week, but did not on Tuesday call a deal "very close," as his Senate counterpart did on Monday.

"We're getting there, but it's not done 'til it's done," House Ways and Means Committee Chairman Rep. Aaron Michlewitz told the News Service on Tuesday afternoon.

The budget was due by July 1. As talks drag on deeper into the month, the chief negotiators -- Michlewitz and Senate Ways and Means Chairman Michael Rodrigues -- remain on budget duty rather than focused squarely on a mountain of other unfinished major bills, and myriad calls from advocacy groups to pass additional legislation.

Formal sessions are scheduled under legislative rules to end for the year on July 31, so the window is closing on a process that's likely to eventually require many additional votes on budget amendments and potential gubernatorial vetoes.

Rodrigues said Monday that budget negotiators were "very close" to a deal....

Most states start their fiscal year July 1, and the National Conference of State Legislatures reported that Massachusetts and Pennsylvania were the two states entering fiscal 2023 that day without a plan in place.

Pennsylvania missed its Constitutional deadline by eight days, the Pittsburgh Post-Gazette reported. Its Republican-majority General Assembly passed a budget accord Friday that was signed the same day by Democrat Gov. Tom Wolf.

State House News Service
Tuesday, July 12, 2022
Last In Nation, Budget Negotiators Still “Getting There”


With just three weeks left in their legislative session, top Massachusetts Democrats on Monday unveiled a multibillion-dollar economic development package that pledges more than $1 billion in tax breaks and rebates, including increases to the credits that seniors, low-income workers, and parents can claim.

The sweeping bill would constitute one of the largest tax relief measures in Massachusetts in a generation, and offers a response to calls for Beacon Hill to ease the burden on taxpayers at a time of sharply spiking consumer prices and overflowing state coffers.

In all, the $3.8 billion package House Democrats released Monday includes nearly $524 million in permanent tax breaks, as well as $510 million in previously announced one-time rebates that would be distributed to potentially millions of taxpayers by October....

“These tax changes are permanent,” House Speaker Ronald Mariano said. “They don’t expire, they are not sun-setted.”

It’s also likely taxpayers may not realize them for nearly two years. Each of the measures would take effect in January, House officials said, meaning residents are likely to claim the increased credits when filing their 2023 taxes in the spring of 2024....

Most tax debate in recent years on Beacon Hill have focused on how to raise levies, not slash them, whether it be during the depths of the recession when then-governor Deval Patrick signed $1 billion in tax increases into law, or in 2020, when the House passed a $600 million tax package that died during the pandemic.

One of the last major tax decreases residents enjoyed came from a 2000 initiative voters approved to lower the state’s income tax from 5.85 percent to 5 percent. But it took nearly 20 years for it to be fulfilled, thanks to a years-long, legislatively created process to phase in the decline far more slowly than voters wanted.

The Boston Globe
Tuesday, July 12, 2022
Mass. lawmakers promise one of Beacon Hill’s largest packages of tax
relief in a generation. It mirrors much of what Governor Baker pitched in January.


In response to intense pressure to provide relief to families squeezed by inflation, Massachusetts lawmakers last week unveiled a plan to give potentially millions of taxpayers a one-time rebate of $250, or $500 for some dual-income households.

But the floor, which excludes the state’s lowest income residents, has given some lawmakers and experts pause.

State Senator Diana DiZoglio sent a letter to Senate President Karen E. Spilka, saying that she agreed with the rationale for the proposed rebate but expressed her distaste for the income floor, calling the proposal “unsupportable.”

But top lawmakers say that low-income earners were prioritized in the last year, with stimulus payments, enhanced unemployment benefits, and a temporary extension of the federal child tax credit.

“We felt we had addressed a lot of the needs there,” House Speaker Ronald Mariano, a Quincy Democrat, said last week, referring to the state’s low-income earners.

In a statement Monday, Spilka said “every working individual making less than $38,640 who filed taxes in 2021 and did not claim unemployment was eligible to receive a $500 COVID premium payment.”

“Those checks have already gone out,” she said.

But some of those benefits were meant for pandemic-related expenses, some argue, and left out swaths of poor residents like those who don’t earn their income, don’t have Social Security numbers, received unemployment benefits, or were too old or young to be eligible.

The Boston Globe
Monday, July 11, 2022
The Legislature wants to give tax rebates to many, but not all.
Some lawmakers and experts say more help for low-income families is needed.


The Massachusetts House Thursday night passed a massive, wide-ranging economic development bill that infuses $4.2 billion into the state economy in the form of tax relief, investments in health care and environmental programs, and support to businesses, as well as a slew of policy changes and earmarks for local projects and programing.

The bill would be paid for by a combination of $2.8 billion in federal American Rescue Plan dollars and expected state surplus money, and $1.4 billion in money the state borrows through bonds....

In a two-day process of amending the bill, House members dispatched nearly 900 amendments by bundling some and leaving others out behind closed doors, then publicly passing multiple mega “consolidated” amendments. The amendments totaled $468 million in added funds.

The legislation serves as a vehicle for tax reform and relief, which was born out of pressure to help residents being squeezed by record-high inflation during “unsettling times,” Michlewitz said. The bill would give potentially millions of middle income taxpayers a one-time stimulus check of $250 or $500 for joint filers, but only for those who reported at least $38,000 in 2021 income, a caveat that has drawn scrutiny.

Mirroring tax breaks pitched by Governor Charlie Baker, it also would increase the deduction renters can claim, increase the state’s Earned Income Tax Credit, increase the threshold on the state’s estate tax, and increase the state’s child and dependent tax credit.

That adds up to a total of nearly $524 million in permanent tax breaks and $510 million in one-time relief payments....

The pending final vote on the economic development bill comes as the chambers resolve differences in their budgets for the 2023 fiscal year, which began July 1. According to House and Senate budget chiefs, a compromise budget document will be released “in the coming days” and will be primed for a Monday vote.

“We’ve obviously got a time crunch here,” Michlewitz said. “We’ve definitely got some work to do, but I feel confident we’ll be able to get it done.”

The Boston Globe
Friday, July 15, 2022
Mass. House approves wide-ranging economic development bill
that offers tax relief, health care investments, earmarks


The House and Senate advanced some $15 billion in legislation over the course of the week, stepping closer to sending Baker authorizations for multibillion-dollar infrastructure investments, one-time tax rebates for millions of Bay Staters, and a list of earmarks for local projects thick enough to be published as a novella.

In free-spend mode, they worked day and night to pump up the combined bottom lines of an economic development bill and an infrastructure bond bill by more than $900 million -- nearly the entire value of the combined rebates and tax breaks the House took months to craft.

And that money flying through the halls of Beacon Hill all comes before passage of a roughly $50 billion final budget for fiscal year 2023. That action now appears imminent. Legislative leaders, who showed no desire to get the spending bill done by the July 1 deadline, announced Thursday that they reached "an agreement in principle," which has the potential to allow the state to shed its last-in-the-nation-without-a-budget label.

House Democrats kicked off the week by unveiling additional contours of their long-awaited tax relief plan: $500 million in permanent annual tax breaks and credits for renters, parents, seniors and those affected by the estate tax to go alongside the previously announced $500 million in one-time, $250 payments to middle-income earners.

What about those who are uninspired by the idea of a $250 check, which one reporter likened to "an expensive coffee, not a Dunkies, but an expensive coffee a week"?

"Send it back to me if it's not enough," House Speaker Ronald Mariano joked.

Although they faced some pressure from progressives within their own ranks and voices outside the State House to scrap an income floor denying the rebates to anyone who earned less than $38,000 last year, representatives stuck to their tax proposal as drafted and insisted that much of the relief would flow to low-income earners.

They were less hesitant about making other changes. The House over two days packed on nearly $480 million in additional spending to the economic development bill, and they also added language that would greenlight deployment of online lottery games in Massachusetts -- an idea that much of the Senate's current leadership has previously opposed even though the full Senate approved the idea in 2016.

That's the thing about big spending bills that move at the end of session: they can be a home for almost anything lawmakers want to toss into the mix.

Legislative leaders often leave priorities until the eleventh hour, and catch-all bills can help them minimize the impacts of procrastination. They also sometimes slide language unpopular with the other branch or Baker into a larger proposal as a negotiation tactic, hoping it will get more attention as part of a bill bound to pass than it would languishing as a standalone idea that never emerges.

The House wasn't alone using the amendment process to reshape a hefty bill. Across the hall, senators padded an infrastructure bond bill with $440 million in amendments...

State House News Service
Friday, July 15, 2022
Weekly Roundup - Pack It On


A glut of conference committees have already been created, with House and Senate members just waiting for some of them to reach agreements on issues like sports betting, climate and energy policies, mental health care and cannabis industry operations. But with just two weeks before formal sessions end for the year, it's time to fret for proponents of other measures like sex education legislation, a sexting and revenge porn bill, checks on hospital expansions, and assorted prescription drug policy measures.

Each of those topics has gotten through one branch but not the other. It's also the time of session where the parasite effect kicks in. Proponents of online Lottery wagering were able to convince the House this week to attach their proposal to the economic development bill, which should hit the Senate floor soon. And senators stuck a mandate for free or reduced MBTA fares for low-income riders to their infrastructure bill.

Unable to move their ideas as standalone bills, supporters of other proposals are also desperately angling to glom their measures on to larger bills that they believe will reach the governor's desk. The strategy puts more chips on the table ahead of the wheeling and dealing among senior House and Senate Democrats who can trade priorities in late-session dealmaking.

When the dust settles in early August, supporters of bills that come up short can point to whatever momentum they were able to achieve to position themselves in the 2023-2024 session, when many Democrats are convinced that one of their own -- Attorney General Maura Healey -- will hold the governorship and bring a new ideology to the governor's office on issues like abortion rights and gun control, for instance.

State House News Service
Friday, July 15, 2022
Advances - Week of July 17, 2022


Tuesday, July 19, 2022

BACK TO TAXACHUSETTS? Pioneer Institute Executive Director Jim Stergios and senior fellow Charles Chieppo lead a discussion about their new book "Back to Taxachusetts?" The book summarizes 24 studies conducted by the institute that attempt to document what they believe will be the negative consequences of a ballot question backed by the Legislature to amend the Constitution and add a surtax of 4 percent on all annual household income over $1 million.

The discussion is expected to focus on evidence used by Stergios and Chieppo to argue that the tax will cause homeowners, retirees and small business owners to leave Massachusetts, having a negative impact on the economy. The virtual event is hosted by the Massachusetts High Technology Council. A question-and-answer session will follow the presentation and all attendees will receive a complimentary copy of the book.

State House News Service
Friday, July 15, 2022
Advances - Week of July 17, 2022


With the state Supreme Judicial Court having rejected his challenge to the new law making early voting and vote-by-mail permanent features of elections here, MassGOP Chairman James Lyons said Monday that he plans to appeal to the U.S. Supreme Court to "provide relief to prevent a constitutional travesty."

Lyons and a handful of Republican candidates filed a lawsuit last month seeking to overturn the so-called VOTES Act, which made voting-by-mail permanent in Massachusetts. The plaintiffs argued last week before the SJC that the VOTES Act, which codified pandemic-era policies that proved popular with voters, violates the allowances for absentee voting contained in Article 105 of the state Constitution and that Secretary of State William Galvin should be blocked from sending mail-in ballot applications to the more than 4.7 million voters in Massachusetts.

In June, the voting reforms were enacted on a 37-3 vote in the Senate and by a 126-29 margin in the House.

The court ruled in an order Monday morning that "judgment shall enter in the county court for the Secretary on all claims in the plaintiffs' complaint" and that "the plaintiffs' request to enjoin the Secretary from putting the VOTES act into effect is denied." The ruling clears the way for Galvin to begin sending ballot applications by the July 23 deadline called for in the law, though he said he intends to beat the deadline....

Lyons and the GOP pointed to part of the Massachusetts Constitution that explicitly allows for absentee voting for three reasons -- when a voter is going to be out of town for Election Day, has a disability, or has a religious-based conflict with Election Day -- and argued those were the only allowable reasons a voter should vote by mail. The defendants and others, however, argued that mail-in voting is a form of early voting, totally separate from Election Day and absentee voting covered by the Constitution.

The SJC's order did not come with the usual explanation of the justices' thinking, so it is not known exactly how the justices came down on that question. The court said it wanted to issue the order quickly because the deadline for Galvin to mail the applications is fast approaching and added that a complete opinion detailing the court's thinking would "follow in due course." ...

Lyons said the Republican Party appreciates the consideration of the seven SJC justices, all of whom were nominated to the SJC by Republican Gov. Charlie Baker. But he also noted that the case "presented significant issues of both state and federal law."

"With respect, however, [the SJC justices] are the final arbiters of state law. Their decisions must also conform to the federal constitution. Having conferred with counsel, we will be seeking emergency relief from the U.S. Supreme Court because of federal law issues presented in the VOTES Act, including the first amendment black-out posed by the electioneering ban, the differential treatment between absentee voters and early voters, and the enshrining of the partisan selection of election officials into state law," Lyons said....

Getting the matter before the U.S. Supreme Court will be no small task for Lyons and the Republican Party....

If an application gets to the full court, justices consider whether they would be likely to take the case up on its own merits, whether there would be a "fair prospect" that they would overrule the lower court, and whether the lower court ruling would cause permanent harm if allowed to remain in effect, SCOTUSBlog said. At least five justices would need to be in favor for the court to grant a stay.

The legislative leaders who shepherded the VOTES Act through their chambers said repeatedly that they were confident it would withstand a legal challenge, though they often said so without getting into the reasons for their confidence.

State House News Service
Monday, July 11, 2022
SJC Upholds Mail-in, Early Voting Law
Galvin Ready To Mail Ballots, Lyons Plans Appeals To U.S. Supreme Court


The push to deny driver’s licenses to illegal immigrants has hit the grocery stores where the competition is as fierce as the discounts inside.

The campaign needs 41,000 signatures to put a referendum question on the statewide November ballot to overturn the law. Those signatures are due by Aug. 24 and some Democrats — including a state senator — have soured on the idea.

“We’re literally being blocked when we set up,” MassGOP Chairman Jim Lyons said about the signature tables at mostly grocery stores. “They are being off-the-charts aggressive and I told them they are violating the law.”

Booths seeking to repeal the law have been targeted in Waltham, Tewksbury, Berlin and less so in Haverhill. Police were called to a Tewksbury store where “protesting customers from signing the petition,” police wrote. It got so bad police asked everyone to go.

A 1983 state Supreme Judicial Court case upheld the rights of anyone to solicit signatures at shopping centers — giving this push legal footing. “Interference or attempted interference with these rights … violates the state civil rights law,” a directive states.

State Sen. Jamie Eldridge told the Herald Monday he is proud to be protesting signature gatherers attempting to overturn the state’s new immigrant license law.

“I have been proud to support the Work and Family Mobility Act, and oppose the effort to repeal the law, sharing with voters my point of view,” he said....

Lyons, however, sees it differently.

“We have a right not to be interfered with,” he said, adding other protesters have taken sides against funding for police and other far-left causes. “They are going way too far and Eldridge is acting like an elitist.”

The Boston Herald
Monday, July 11, 2022
Signature drive to put driver’s licenses for illegal immigrants
up for a vote in November heats up;
Protesters called out for being too ‘aggressive’


Massachusetts Republican Party Chairman Jim Lyons said Thursday he's noticed a common trend among leftist efforts to shut down the daily signature collection drives necessary to put the question of whether illegal immigrants should be entitled to receive state-issued driver's licenses before voters in the form of a referendum.

"The leftists harassing our volunteers are deploying what's known as a 'heckler's veto,' which happens when one side throws a big enough tantrum and creates enough of a nuisance to prompt police or store managers to have to shut down the collection drive altogether," Lyons said. "That's what's been happening in front of supermarkets across Massachusetts on a daily basis."

Lyons said this exact scenario recently played out at a Tewksbury Market Basket where he was collecting signatures. A left-wing activist later identified by police as Wes McEnany was part of a group of individuals who, according to Lyons, caused enough of a disturbance to prompt police to order both sides to leave the premises.

McEnany has previously advocated on social media in favor of "defund(ing) the police and "kick(ing) cops out of unions."

Similar incidents have been reported at shopping centers in Hudson, Chelmsford, and Waltham. Lyons earlier this week issued an advisory to local Republican committee leaders requesting that volunteers refrain from engaging with protesters, and if necessary, call police to file formal complaints....

"If the Democrats and their shopping center agitators think this is such a great law, what could they possibly be worried about?," Lyons said. "We want the people to be the ones who decide this, and not elitist Democrats who think they know better than the voters."

Massachusetts Republican Party
Thursday, July 14, 2022
Press Release: Radical leftists deploy "heckler's veto" strategy
in effort to shut down referendum signature collection drives


Chip Ford's CLT Commentary

With two weeks remaining on the legislative calendar before the Legislature abandons it's duplicitous "full-time" claim and legislators hit their re-election campaign trails, funded by the taxpayers, most of the major legislation expected to be passed before the deadline remains works in progress.  Even the state budget the one job constitutionally required to be performed remains incomplete with the deadline looming, as usual.  In its Friday Advances - Week of July 17, 2022 the State House News Service noted:

House and Senate Democrats have again made Massachusetts the last state with an annual budget in place, but signaled Thursday that they have an agreement and just need a little more time to finalize details and will have a fiscal 2023 budget ready for votes on Monday, when both branches have scheduled formal sessions.

On Tuesday the News Service reported ("Last In Nation, Budget Negotiators Still 'Getting There'"):

The budget was due by July 1. As talks drag on deeper into the month, the chief negotiators -- Michlewitz and Senate Ways and Means Chairman Michael Rodrigues -- remain on budget duty rather than focused squarely on a mountain of other unfinished major bills, and myriad calls from advocacy groups to pass additional legislation....

Most states start their fiscal year July 1, and the National Conference of State Legislatures reported that Massachusetts and Pennsylvania were the two states entering fiscal 2023 that day without a plan in place.

Pennsylvania missed its Constitutional deadline by eight days, the Pittsburgh Post-Gazette reported. Its Republican-majority General Assembly passed a budget accord Friday that was signed the same day by Democrat Gov. Tom Wolf.

The "full-time" Massachusetts legislature — "The Best Legislature Money Can Buy" — long ago adopted Parkinson's Law"Work expands to fill the time available for its completion."

For an example of the contrary, among other legislation (such as reducing the state income tax from 5% to 4.5% effective in January on a path to abolishing it altogether), the Kentucky General Assembly completed its two-year FY 2023-24 state budget by its constitutional deadline of April 15 during its budget-writing "long session" limited to 60 legislative days.  Then it permanently adjourned for the remainder of the year.  Legislators went home and back to work at their respective businesses and real jobs until January, when they'll return for the "short session" — constitutionally limited to 30 legislative days terminated not later than March 30.It does not need to be "The Massachusetts Way"!

In its Advances the News Service also noted:

A glut of conference committees have already been created, with House and Senate members just waiting for some of them to reach agreements on issues like sports betting, climate and energy policies, mental health care and cannabis industry operations. But with just two weeks before formal sessions end for the year, it's time to fret for proponents of other measures like sex education legislation, a sexting and revenge porn bill, checks on hospital expansions, and assorted prescription drug policy measures.

Each of those topics has gotten through one branch but not the other. It's also the time of session where the parasite effect kicks in. Proponents of online Lottery wagering were able to convince the House this week to attach their proposal to the economic development bill, which should hit the Senate floor soon. And senators stuck a mandate for free or reduced MBTA fares for low-income riders to their infrastructure bill.

Unable to move their ideas as standalone bills, supporters of other proposals are also desperately angling to glom their measures on to larger bills that they believe will reach the governor's desk. The strategy puts more chips on the table ahead of the wheeling and dealing among senior House and Senate Democrats who can trade priorities in late-session dealmaking.

When the dust settles in early August, supporters of bills that come up short can point to whatever momentum they were able to achieve to position themselves in the 2023-2024 session, when many Democrats are convinced that one of their own -- Attorney General Maura Healey -- will hold the governorship and bring a new ideology to the governor's office on issues like abortion rights and gun control, for instance.


Some good news came our way this week — tax reforms along with at least minimal tax relief.  It remains hard to comprehend how taxpayers are likely in line to have only a total of $1 Billion refunded out of an astounding revenue surplus over the past two years of over $9 Billion from over-taxation.  I suppose anything is better than nothing from the Massachusetts Legislature.  Still, that's the most the Democrat-dominated House and Senate felt they had to surrender to perform a victory lap of greed.

The Boston Globe reported on Tuesday ("Mass. lawmakers promise one of Beacon Hill’s largest packages of tax relief in a generation"):

With just three weeks left in their legislative session, top Massachusetts Democrats on Monday unveiled a multibillion-dollar economic development package that pledges more than $1 billion in tax breaks and rebates, including increases to the credits that seniors, low-income workers, and parents can claim.

The sweeping bill would constitute one of the largest tax relief measures in Massachusetts in a generation, and offers a response to calls for Beacon Hill to ease the burden on taxpayers at a time of sharply spiking consumer prices and overflowing state coffers.

In all, the $3.8 billion package House Democrats released Monday includes nearly $524 million in permanent tax breaks, as well as $510 million in previously announced one-time rebates that would be distributed to potentially millions of taxpayers by October....

“These tax changes are permanent,” House Speaker Ronald Mariano said. “They don’t expire, they are not sun-setted.”

It’s also likely taxpayers may not realize them for nearly two years. Each of the measures would take effect in January, House officials said, meaning residents are likely to claim the increased credits when filing their 2023 taxes in the spring of 2024....

Most tax debate in recent years on Beacon Hill have focused on how to raise levies, not slash them, whether it be during the depths of the recession when then-governor Deval Patrick signed $1 billion in tax increases into law, or in 2020, when the House passed a $600 million tax package that died during the pandemic.

One of the last major tax decreases residents enjoyed came from a 2000 initiative voters approved to lower the state’s income tax from 5.85 percent to 5 percent. But it took nearly 20 years for it to be fulfilled, thanks to a years-long, legislatively created process to phase in the decline far more slowly than voters wanted.

"One of the last major tax decreases residents enjoyed came from a 2000 initiative voters approved to lower the state’s income tax from 5.85 percent to 5 percent. But it took nearly 20 years for it to be fulfilled, thanks to a years-long, legislatively created process to phase in the decline far more slowly than voters wanted."

That would be CLT's rollback of the "temporary" income tax hike of 1989 that we put on the 2000 ballot and won with an overwhelming vote.  Two years later the Legislature "froze" it, again "temporarily," with an convoluted formula of economic "triggers" which stalled our full rollback back down to 5 percent until 2020 — two decades after the voters had ordered it done.  How much did that rejection of the voters' decision by the Legislature cost Massachusetts taxpayers over that twenty years?

But be not concerned.  The Legislature will in all its generosity be providing a one-time tax rebate of $250 for some individual taxpayers.  Recognize also that $250 in this Bidenflation era is equal to a few bucks short of $300 in the pre-Biden good old days just nineteen months ago, likely to be devalued even more by the time you receive it in a few months.  But it'll be in your hands before the November election so you'll know who to thank.  House Speaker Ron Mariano had a message for those who see this token refund as insulting if not a bad joke, according to the State House News excerpt from its Weekly Roundup that follows:

. . . House Democrats kicked off the week by unveiling additional contours of their long-awaited tax relief plan: $500 million in permanent annual tax breaks and credits for renters, parents, seniors and those affected by the estate tax to go alongside the previously announced $500 million in one-time, $250 payments to middle-income earners.

What about those who are uninspired by the idea of a $250 check, which one reporter likened to "an expensive coffee, not a Dunkies, but an expensive coffee a week"?

"Send it back to me if it's not enough," House Speaker Ronald Mariano joked. . . .

State House News Service, Friday, July 15, 2022 ("Weekly Roundup - Pack It On"):

The House and Senate advanced some $15 billion in legislation over the course of the week, stepping closer to sending Baker authorizations for multibillion-dollar infrastructure investments, one-time tax rebates for millions of Bay Staters, and a list of earmarks for local projects thick enough to be published as a novella.

In free-spend mode, they worked day and night to pump up the combined bottom lines of an economic development bill and an infrastructure bond bill by more than $900 million -- nearly the entire value of the combined rebates and tax breaks the House took months to craft.

And that money flying through the halls of Beacon Hill all comes before passage of a roughly $50 billion final budget for fiscal year 2023. That action now appears imminent. Legislative leaders, who showed no desire to get the spending bill done by the July 1 deadline, announced Thursday that they reached "an agreement in principle," which has the potential to allow the state to shed its last-in-the-nation-without-a-budget label.

House Democrats kicked off the week by unveiling additional contours of their long-awaited tax relief plan: $500 million in permanent annual tax breaks and credits for renters, parents, seniors and those affected by the estate tax to go alongside the previously announced $500 million in one-time, $250 payments to middle-income earners.

What about those who are uninspired by the idea of a $250 check, which one reporter likened to "an expensive coffee, not a Dunkies, but an expensive coffee a week"?

"Send it back to me if it's not enough," House Speaker Ronald Mariano joked.

Although they faced some pressure from progressives within their own ranks and voices outside the State House to scrap an income floor denying the rebates to anyone who earned less than $38,000 last year, representatives stuck to their tax proposal as drafted and insisted that much of the relief would flow to low-income earners.

They were less hesitant about making other changes. The House over two days packed on nearly $480 million in additional spending to the economic development bill, and they also added language that would greenlight deployment of online lottery games in Massachusetts -- an idea that much of the Senate's current leadership has previously opposed even though the full Senate approved the idea in 2016.

That's the thing about big spending bills that move at the end of session: they can be a home for almost anything lawmakers want to toss into the mix.

Legislative leaders often leave priorities until the eleventh hour, and catch-all bills can help them minimize the impacts of procrastination. They also sometimes slide language unpopular with the other branch or Baker into a larger proposal as a negotiation tactic, hoping it will get more attention as part of a bill bound to pass than it would languishing as a standalone idea that never emerges.

The House wasn't alone using the amendment process to reshape a hefty bill. Across the hall, senators padded an infrastructure bond bill with $440 million in amendments...

I admit surprise with the Legislature holding the line on no tax rebates to those who didn't pay any taxes  I'd have expected the House, Senate, or both to cave to their most useful favored constituency, but legislative leaders held firm.

On Monday The Boston Globe reported ("The Legislature wants to give tax rebates to many, but not all. Some lawmakers and experts say more help for low-income families is needed."):

In response to intense pressure to provide relief to families squeezed by inflation, Massachusetts lawmakers last week unveiled a plan to give potentially millions of taxpayers a one-time rebate of $250, or $500 for some dual-income households.

But the floor, which excludes the state’s lowest income residents, has given some lawmakers and experts pause.

State Senator Diana DiZoglio sent a letter to Senate President Karen E. Spilka, saying that she agreed with the rationale for the proposed rebate but expressed her distaste for the income floor, calling the proposal “unsupportable.”

But top lawmakers say that low-income earners were prioritized in the last year, with stimulus payments, enhanced unemployment benefits, and a temporary extension of the federal child tax credit.

“We felt we had addressed a lot of the needs there,” House Speaker Ronald Mariano, a Quincy Democrat, said last week, referring to the state’s low-income earners.

In a statement Monday, Spilka said “every working individual making less than $38,640 who filed taxes in 2021 and did not claim unemployment was eligible to receive a $500 COVID premium payment.”

“Those checks have already gone out,” she said.

But some of those benefits were meant for pandemic-related expenses, some argue, and left out swaths of poor residents like those who don’t earn their income, don’t have Social Security numbers, received unemployment benefits, or were too old or young to be eligible.

Imagine that?  Excluded from the small tax rebates were "swaths of poor residents like those who don’t earn their income, don’t have Social Security numbers, received unemployment benefits, or were too old or young to be eligible."  Oh the cruelty, the horror — the shameless inhumanity of not doling out more to the swaths of poor residents who didn't earn their income or even have a Social Security number!  Sen. DiZoglio and some "experts" don't seem to recognize that this "tax relief" maneuver is minimal political cover for legislators by rebating a pittance of the overpaid taxes to those from whom the billions in overpayments were extracted — not another welfare handout.


Other political news that should be of interest:

With the state Supreme Judicial Court having rejected his challenge to the new law making early voting and vote-by-mail permanent features of elections here, MassGOP Chairman James Lyons said Monday that he plans to appeal to the U.S. Supreme Court to "provide relief to prevent a constitutional travesty."

State House News Service
Monday, July 11, 2022
SJC Upholds Mail-in, Early Voting Law
Galvin Ready To Mail Ballots, Lyons Plans Appeals To U.S. Supreme Court


The push to deny driver’s licenses to illegal immigrants has hit the grocery stores where the competition is as fierce as the discounts inside....

“We’re literally being blocked when we set up,” MassGOP Chairman Jim Lyons said about the signature tables at mostly grocery stores. “They are being off-the-charts aggressive and I told them they are violating the law.”

Booths seeking to repeal the law have been targeted in Waltham, Tewksbury, Berlin and less so in Haverhill. Police were called to a Tewksbury store where “protesting customers from signing the petition,” police wrote. It got so bad police asked everyone to go.

The Boston Herald
Monday, July 11, 2022
Signature drive to put driver’s licenses for illegal immigrants
up for a vote in November heats up;
Protesters called out for being too ‘aggressive’


Massachusetts Republican Party Chairman Jim Lyons said Thursday he's noticed a common trend among leftist efforts to shut down the daily signature collection drives necessary to put the question of whether illegal immigrants should be entitled to receive state-issued driver's licenses before voters in the form of a referendum.

"The leftists harassing our volunteers are deploying what's known as a 'heckler's veto,' which happens when one side throws a big enough tantrum and creates enough of a nuisance to prompt police or store managers to have to shut down the collection drive altogether," Lyons said. "That's what's been happening in front of supermarkets across Massachusetts on a daily basis." ...

Similar incidents have been reported at shopping centers in Hudson, Chelmsford, and Waltham. Lyons earlier this week issued an advisory to local Republican committee leaders requesting that volunteers refrain from engaging with protesters, and if necessary, call police to file formal complaints....

Massachusetts Republican Party
Thursday, July 14, 2022
Press Release: Radical leftists deploy "heckler's veto" strategy
in effort to shut down referendum signature collection drives


For those interested in getting or signing a petition to repeal the law recently passed to allow illegal aliens to acquire Massachusetts driver’s licenses, or to find locations this weekend or in the days ahead where you can sign one, visit the sponsor’s website:

https://www.fairandsecurema.com/

Or contact Wendy via email at:

Wendy@fairandsecurema.com – or - wendydwakeman@yahoo.com

Citizens for Limited Taxation is not in a position to do more than pass on this invitation to our members.  Please DO NOT send any completed petitions to CLT or you’ll have wasted your postage, time and effort.

Chip Ford
Executive Director


Full News Reports
(excerpted above)

State House News Service
Tuesday, July 12, 2022
Last In Nation, Budget Negotiators Still “Getting There”
By Michael P. Norton and Sam Doran


The House budget chief is "hopeful" that a deal on the overdue state budget will be reached this week, but did not on Tuesday call a deal "very close," as his Senate counterpart did on Monday.

"We're getting there, but it's not done 'til it's done," House Ways and Means Committee Chairman Rep. Aaron Michlewitz told the News Service on Tuesday afternoon.

The budget was due by July 1. As talks drag on deeper into the month, the chief negotiators -- Michlewitz and Senate Ways and Means Chairman Michael Rodrigues -- remain on budget duty rather than focused squarely on a mountain of other unfinished major bills, and myriad calls from advocacy groups to pass additional legislation.

Formal sessions are scheduled under legislative rules to end for the year on July 31, so the window is closing on a process that's likely to eventually require many additional votes on budget amendments and potential gubernatorial vetoes.

Rodrigues said Monday that budget negotiators were "very close" to a deal.

The developing accord is setting up like a politician's dream, with enough revenue available to fund the most generous spending plans on the negotiating table while still leaving sufficient revenue to pay for a tax relief package and drive up the state's rainy day savings account to a new high.

Massachusetts is pretty much last-in-the-nation on its fiscal 2023 budget.

Most states start their fiscal year July 1, and the National Conference of State Legislatures reported that Massachusetts and Pennsylvania were the two states entering fiscal 2023 that day without a plan in place.

Pennsylvania missed its Constitutional deadline by eight days, the Pittsburgh Post-Gazette reported. Its Republican-majority General Assembly passed a budget accord Friday that was signed the same day by Democrat Gov. Tom Wolf.

Michigan is the only other state that hasn't finalized its budget, but it isn't late, according to the National Association of State Budget Officers. The Great Lake State's budget is already on Gov. Gretchen Whitmer's desk and its fiscal year doesn't start until Oct. 1.


The Boston Globe
Tuesday, July 12, 2022
Mass. lawmakers promise one of Beacon Hill’s largest packages of tax
relief in a generation. It mirrors much of what Governor Baker pitched in January.
By Matt Stout


With just three weeks left in their legislative session, top Massachusetts Democrats on Monday unveiled a multibillion-dollar economic development package that pledges more than $1 billion in tax breaks and rebates, including increases to the credits that seniors, low-income workers, and parents can claim.

The sweeping bill would constitute one of the largest tax relief measures in Massachusetts in a generation, and offers a response to calls for Beacon Hill to ease the burden on taxpayers at a time of sharply spiking consumer prices and overflowing state coffers.

In all, the $3.8 billion package House Democrats released Monday includes nearly $524 million in permanent tax breaks, as well as $510 million in previously announced one-time rebates that would be distributed to potentially millions of taxpayers by October.

Many of the proposed tax breaks hew closely to a plan Governor Charlie Baker released months ago, and leaders in the House and Senate say they have agreed to the “framework” of the tax changes, which should help ease its passage during the final scramble before the formal legislative session ends on July 31.

The House bill would spend more than $2.5 billion from a state budget surplus — which is expected to range in the billions — and the state’s remaining share of federal stimulus money, including doling out hundreds of millions of dollars for hospitals, infrastructure projects, and the state’s unemployment trust fund.

“We have stayed focused on providing real relief for the citizens of the Commonwealth,” Representative Mark J. Cusack, a Braintree Democrat and the House’s revenue chairman, told reporters Monday. “Not political gimmicks, not what’s politically expedient, not for a quick press hit that we have seen not work in state after state across the country. What we have here today is $1 billion in relief.”

As part of the bill, lawmakers are seeking to increase a tax credit low-income seniors can claim to offset property taxes or rental costs, hiking the maximum from $1,170 to $1,755.

They also want to increase the state’s child and dependent tax credit to allow families to claim $310 per dependent — the current credit per child is $180 — and eliminate a total $360 cap. The plan would also increase the state’s earned income tax credit from 30 percent to 40 percent of the federal tax credit, a move lawmakers say would help nearly 400,000 taxpayers with incomes under $57,000.

The plan would also lift a deduction cap some 881,000 renters can claim to $4,000 from $3,000, marking what would be the first adjustment in more than two decades.

The most costly proposed tax change — and the one that would affect the fewest people under the plan — targets the state’s estate tax. Currently, just 12 states, plus Washington, D.C., tax estates after death, according to the AARP, with Massachusetts taxing estates above $1 million. That’s tied with Oregon for the lowest threshold in the country.

Similar to Baker’s proposal, House lawmakers are seeking to double it to $2 million, and tax only those dollars after that threshold; currently, should an estate exceed the $1 million mark, all the money is taxed. The House is also seeking to increase the tax rate on estates over $5 million, from 16 to 17 percent, to potentially capture more from the state’s wealthiest.

All told, the changes would help roughly 2,500 taxpayers save more than $200 million annually, the House estimated.

The House is expected to debate and pass the measure this week, after which it would go to the Senate.

“These tax changes are permanent,” House Speaker Ronald Mariano said. “They don’t expire, they are not sun-setted.”

It’s also likely taxpayers may not realize them for nearly two years. Each of the measures would take effect in January, House officials said, meaning residents are likely to claim the increased credits when filing their 2023 taxes in the spring of 2024.

The proposal appears to borrow heavily from Baker’s plan for $700 million in tax breaks, though with slightly different dimensions. “The Administration is pleased that the Legislature is advancing many of these ideas,” Terry MacCormack, a Baker spokesman, said in a statement Monday.

It also didn’t include several of Baker’s ideas. The House opted against raising the income threshold for residents to qualify for “no-tax status,” a move Baker administration officials said would help save 234,000 taxpayers roughly $41 million.

Democrats have also shunned Baker’s proposal to reduce the tax rate on short-term capital gains — investments held for up to a year — from 12 percent to 5 percent. Progressive lawmakers have criticized it as a move that would largely benefit the state’s wealthier residents.

Most tax debate in recent years on Beacon Hill have focused on how to raise levies, not slash them, whether it be during the depths of the recession when then-governor Deval Patrick signed $1 billion in tax increases into law, or in 2020, when the House passed a $600 million tax package that died during the pandemic.

One of the last major tax decreases residents enjoyed came from a 2000 initiative voters approved to lower the state’s income tax from 5.85 percent to 5 percent. But it took nearly 20 years for it to be fulfilled, thanks to a years-long, legislatively created process to phase in the decline far more slowly than voters wanted.

The drumbeat recently has been for more relief. Baker and others have repeatedly pressed lawmakers to take action, citing the state’s strong financial standing.

The state still has $2.3 billion in unspent federal stimulus money, of which nearly $1.3 billion would be spent under the House bill. And the Massachusetts Taxpayers Foundation, a business-backed budget watchdog that has pushed Baker’s tax cut package, projected lawmakers will have an additional surplus of nearly $3.6 billion from the fiscal year that ended last month.

Eileen McAnneny, the foundation’s president, praised the House’s package for offering help to low- and middle-income families, but she bristled at the effort to increase the tax rate on the most valuable estates, arguing it will give “another reason for wealthy residents to leave this state.”

Baker has already said he’d back a proposal the Legislature announced last week to send potentially millions of taxpayers a one-time $250 rebate by October. Under the $510 million plan, those eligible would have to have reported a minimum of $38,000 in 2021 income, and not more than $100,000 for individual filers or $150,000 for joint filers.

Representative Aaron Michlewitz, a North End Democrat who is his chamber’s budget leader, said the rebate program would be the third-largest in the country, behind ones in Georgia and Colorado.

The economic development bill announced Monday would fund a variety of other areas. It would set aside $350 million for what House officials called “financially strained” hospitals, as well as $165 million for nursing facilities. Another $175 million would go toward upgrading state parks and recreational facilities, while $300 million would help prop up the state’s unemployment trust.

As expected, the bill would delay Baker’s push to redevelop the Hynes Convention Center.

It also would create a new tax credit program for theater productions, allowing up to $5 million to help cover payroll, production, and transportation costs. The program has similarities to the state’s controversial film tax credit program, which lawmakers last year voted to make permanent.

The state’s Inspector General in the spring urged lawmakers not to adopt a theater production credit. As proposed by the House, the program would offer a 35 percent credit for in-state labor costs, which Inspector General Glenn Cunha has said is higher than every other live theater tax credit program in the country.


The Boston Globe
Monday, July 11, 2022
The Legislature wants to give tax rebates to many, but not all.
Some lawmakers and experts say more help for low-income families is needed.
By Samantha J. Gross


When James Gilliam and his wife, Hiroko, moved from Missouri to Peabody to be near their grandchildren in 2013, they soon learned the premium they’d pay for living in Massachusetts — from housing costs to car registration. But lately Gilliam, a retired family portrait photographer and his wife, a former Japanese teacher, find themselves pinched even more by inflation.

And with little earned income and poverty-level Social Security payments, they wouldn’t benefit from a proposed rebate the Legislature has put forward for households that reported at least $38,000 in 2021 income.

“It doesn’t seem to serve the purpose of helping people,” Gilliam, 78, said. “We get absolutely nothing.”

In response to intense pressure to provide relief to families squeezed by inflation, Massachusetts lawmakers last week unveiled a plan to give potentially millions of taxpayers a one-time rebate of $250, or $500 for some dual-income households.

But the floor, which excludes the state’s lowest income residents, has given some lawmakers and experts pause.

State Senator Diana DiZoglio sent a letter to Senate President Karen E. Spilka, saying that she agreed with the rationale for the proposed rebate but expressed her distaste for the income floor, calling the proposal “unsupportable.”

But top lawmakers say that low-income earners were prioritized in the last year, with stimulus payments, enhanced unemployment benefits, and a temporary extension of the federal child tax credit.

“We felt we had addressed a lot of the needs there,” House Speaker Ronald Mariano, a Quincy Democrat, said last week, referring to the state’s low-income earners.

In a statement Monday, Spilka said “every working individual making less than $38,640 who filed taxes in 2021 and did not claim unemployment was eligible to receive a $500 COVID premium payment.”

“Those checks have already gone out,” she said.

But some of those benefits were meant for pandemic-related expenses, some argue, and left out swaths of poor residents like those who don’t earn their income, don’t have Social Security numbers, received unemployment benefits, or were too old or young to be eligible.

Phineas Baxandall, a senior tax analyst at the left-leaning Massachusetts Budget and Policy Center, said for those who didn’t benefit from pandemic-related benefits last year but make less than $38,000, “it’s insult to injury for them,” he said.

“And it’s hardly as if folks under $38,000 are in great economic shape now,” he said.

Some lawmakers have attempted to ease the squeeze on their constituents in other ways, proposing relief to serve as an alternative to a suspension of the state’s gas tax, an action pushed by Republicans in the state but firmly rejected by Massachusetts’ overwhelmingly Democratic Legislature.

Spilka, Mariano, and other legislative leaders also support a package that would increase the child and dependent care tax credit, the earned income tax credit, the senior circuit breaker tax credit, and provide for rental assistance, all proposals legislative leaders say are designed to benefit low-income families.

In an interview, DiZoglio, a Methuen Democrat, who is also running for state auditor, said “there should absolutely not be a minimum income requirement” on the tax rebates, noting that the current state of inflation is a “different emergency” than that of the COVID-19 pandemic, during which some workers received assistance from the state and federal government.

The state is facing what’s projected to be a nearly $3.6 billion surplus for the fiscal year that ended June 30, DiZoglio wrote in her letter, leading her to ask: “What reason can we rightfully give to exclude lower income households from receiving a straightforward tax rebate?”

State Senator Becca Rausch, a Needham Democrat, filed an amendment to give a rebate to anyone under a certain income threshold who owned a gas-powered vehicle or received government benefits, “to make sure we were capturing everybody. "

“We need to capture all the people who are really feeling that pinch the most,” she said.

The new rebate plan emerged as lawmakers remain in negotiations over the $50 billion state budget. The plan was tucked into a wide-ranging economic development bill that emerged in the House Monday, which pledges more than $1 billion in tax breaks and rebates, including increases to the credits that seniors, low-income workers, and parents can claim.

The rebate would cost between $500 million and $510 million and could be financed by the expected multibillion-dollar budget surplus. Representative Mark J. Cusack, the House chairman of the revenue committee, said last week that more than 2 million taxpayers could receive a rebate.

“This has been an ongoing evaluation of what has the best impact on the most amount of people,” Mariano told reporters Monday morning. “That is what we tried to do.”

But for the Gilliams, lawmakers’ rebate plan falls short

“If we had to rent, we couldn’t live here,” Gilliam said


The Boston Globe
Friday, July 15, 2022
Mass. House approves wide-ranging economic development bill
that offers tax relief, health care investments, earmarks
By Samantha J. Gross


The Massachusetts House Thursday night passed a massive, wide-ranging economic development bill that infuses $4.2 billion into the state economy in the form of tax relief, investments in health care and environmental programs, and support to businesses, as well as a slew of policy changes and earmarks for local projects and programing.

The bill would be paid for by a combination of $2.8 billion in federal American Rescue Plan dollars and expected state surplus money, and $1.4 billion in money the state borrows through bonds.

Much of the spending is meant to target “communities that were hardest hit by the pandemic,” Representative Aaron Michlewitz, a North End Democrat who is the House’s budget leader, said while presenting the bill Wednesday morning. “This is a well-rounded spending package that will help support major sectors of our economy and help us be more competitive with other states.”

In a two-day process of amending the bill, House members dispatched nearly 900 amendments by bundling some and leaving others out behind closed doors, then publicly passing multiple mega “consolidated” amendments. The amendments totaled $468 million in added funds.

The legislation serves as a vehicle for tax reform and relief, which was born out of pressure to help residents being squeezed by record-high inflation during “unsettling times,” Michlewitz said. The bill would give potentially millions of middle income taxpayers a one-time stimulus check of $250 or $500 for joint filers, but only for those who reported at least $38,000 in 2021 income, a caveat that has drawn scrutiny.

Mirroring tax breaks pitched by Governor Charlie Baker, it also would increase the deduction renters can claim, increase the state’s Earned Income Tax Credit, increase the threshold on the state’s estate tax, and increase the state’s child and dependent tax credit.

That adds up to a total of nearly $524 million in permanent tax breaks and $510 million in one-time relief payments.

The bill included $100 million for the Affordable Housing Trust Fund and $25 million to address food insecurity. It sets $350 million aside for “financially strained” hospitals, $165 million for nursing facilities, $15 million for reproductive health care providers, and $175 million for state parks and public recreation. An additional $300 million goes toward the state’s unemployment fund.

Lawmakers tucked policy changes into the legislation too, creating a controversial $5 million annual live theater tax credit, a major expansion of the Housing Development Incentive Program, a feasibility study on the future of the Hynes Convention Center that would delay Baker’s push to redevelop the prime Back Bay real estate, and, notably, authorizing the Massachusetts Lottery to sell products online.

Marlene Warner, executive director of the Massachusetts Council on Gaming and Health, said her group, which works to address gaming problems and addiction, said Treasurer Deborah B. Goldberg has wanted online lottery products “for a long time,” and that she plans to send a letter expressing her concerns when the bill presumably will go to a joint conference committee with representatives and senators after the Senate is set to pass its own version early next week.

Warner said future legislation or rulemaking should create guard rails to encourage heathy gaming online, such as a dashboard to show customers how much time or money they have spent on the website or practice sites where customers can learn how to play the games.

“I think the Massachusetts State Lottery has a steep hill to climb to be prepared for their current products and future products to go online,” Warner said.

In a statement, Goldberg said her office “is prepared to implement a safe and reliable iLottery product for Massachusetts residents.”

One bundle of amendments the House passed Thursday was an $85 million assortment of earmarks to fund local projects, with bigger items including $8 million for riverfront upgrades in Revere, $5 million for the Martin Richard Foundation and Boys and Girls Clubs of Dorchester to renovate the Dorchester Field House in Harbor Point, $5 million for the Edward M. Kennedy Institute to pay its debt, and $1 million to repair and upgrade the Basketball Hall of Fame in Springfield.

Another “consolidated” mega-amendment added about $24 million in spending for local and statewide environmental and tourism projects, such as $1 million for projects at the Old South Meeting House and Old State House in downtown Boston, $2 million for a climate-resilient waterfront park in East Boston, and $2 million for upgrades to the New England Aquarium.

The largest consolidated amendment was a $250 million package that included $50 million for MBTA improvements in Norfolk County, $10 million to renovate the Huntington Theatre in Boston, and $10 million for low-income communities to build broadband networks.

That one passed around 9:30 p.m. Thursday, with no debate.

The bill notably does not include a suspension of the state’s gas tax, a provision that was pushed by many Republicans and business interest groups.

“We have not done what is politically expedient or a quick press hit,” Representative Mark J. Cusack, a Braintree Democrat and the House’s revenue chairman, said on the House floor Wednesday during the first day of debate. “We learned from state after state what works and what doesn’t, and that’s how we got here today.”

The pending final vote on the economic development bill comes as the chambers resolve differences in their budgets for the 2023 fiscal year, which began July 1. According to House and Senate budget chiefs, a compromise budget document will be released “in the coming days” and will be primed for a Monday vote.

“We’ve obviously got a time crunch here,” Michlewitz said. “We’ve definitely got some work to do, but I feel confident we’ll be able to get it done.”


State House News Service
Friday, July 15, 2022
Weekly Roundup - Pack It On
By Chris Lisinski


When he returns from a string of travel to Vacationland, Sin City and a conference with fellow Republicans in Colorado, Gov. Charlie Baker will have a lot of line items to read.

The House and Senate advanced some $15 billion in legislation over the course of the week, stepping closer to sending Baker authorizations for multibillion-dollar infrastructure investments, one-time tax rebates for millions of Bay Staters, and a list of earmarks for local projects thick enough to be published as a novella.

In free-spend mode, they worked day and night to pump up the combined bottom lines of an economic development bill and an infrastructure bond bill by more than $900 million -- nearly the entire value of the combined rebates and tax breaks the House took months to craft.

And that money flying through the halls of Beacon Hill all comes before passage of a roughly $50 billion final budget for fiscal year 2023. That action now appears imminent. Legislative leaders, who showed no desire to get the spending bill done by the July 1 deadline, announced Thursday that they reached "an agreement in principle," which has the potential to allow the state to shed its last-in-the-nation-without-a-budget label.

House Democrats kicked off the week by unveiling additional contours of their long-awaited tax relief plan: $500 million in permanent annual tax breaks and credits for renters, parents, seniors and those affected by the estate tax to go alongside the previously announced $500 million in one-time, $250 payments to middle-income earners.

What about those who are uninspired by the idea of a $250 check, which one reporter likened to "an expensive coffee, not a Dunkies, but an expensive coffee a week"?

"Send it back to me if it's not enough," House Speaker Ronald Mariano joked.

Although they faced some pressure from progressives within their own ranks and voices outside the State House to scrap an income floor denying the rebates to anyone who earned less than $38,000 last year, representatives stuck to their tax proposal as drafted and insisted that much of the relief would flow to low-income earners.

They were less hesitant about making other changes. The House over two days packed on nearly $480 million in additional spending to the economic development bill, and they also added language that would greenlight deployment of online lottery games in Massachusetts -- an idea that much of the Senate's current leadership has previously opposed even though the full Senate approved the idea in 2016.

That's the thing about big spending bills that move at the end of session: they can be a home for almost anything lawmakers want to toss into the mix.

Legislative leaders often leave priorities until the eleventh hour, and catch-all bills can help them minimize the impacts of procrastination. They also sometimes slide language unpopular with the other branch or Baker into a larger proposal as a negotiation tactic, hoping it will get more attention as part of a bill bound to pass than it would languishing as a standalone idea that never emerges.

The House wasn't alone using the amendment process to reshape a hefty bill. Across the hall, senators padded an infrastructure bond bill with $440 million in amendments, pushing funding for a western Massachusetts rail expansion $25 million above the House-approved level and authorizing new investments in fare-free transit and extensive ferry pilots.

However, the most significant Senate addition came on the policy front. Potentially risking exposure to a gubernatorial veto for the second session in a row, senators voted to add language requiring the MBTA to implement a free or reduced fare program across the system for low-income riders.

The MBTA is careening toward a cliff with a budget gap of hundreds of millions of dollars looming and a backlog of unaddressed maintenance needs, but senators feel it's imperative for the agency to absorb the new cost -- which the T projected at $52 million to $85 million a year -- of slashing fares for qualifying riders.

"We have the funding," said Sen. Lydia Edwards of East Boston, likely with an eye toward the historic state budget surplus, which voters outside the T district are also eager to share in. "We can do this."

Baker is not so sure Massachusetts has the funding, or at least he wasn't 18 months ago when he vetoed a nearly identical requirement from a transportation bond bill the Legislature sent him in the final stretch of the 2019-2020 session.

Democrats left themselves without time last session to flex their veto-proof majorities on an override, and they will have to work quickly this time around to keep that option on the table. The House left a similar mandate on the cutting room floor last month in its version of the infrastructure bill.

The Senate's amendment was actually the second time this week that concerns about a potential Baker veto popped into view.

Top Senate Democrats kept their version of a reproductive and gender-affirming care access bill narrower in scope on late-term abortions than the House did. While the House bill explicitly adds "severe fetal anomalies" to the list of allowable reasons for an abortion after 24 weeks of pregnancy, the Senate bill instead seeks to clarify the language in the existing law.

In 2020, Baker vetoed the ROE Act, which eventually became law through an override, partly over concerns with how it expanded the availability of abortions later in pregnancy.

Baker has not yet weighed in on the latest bill. He spent part of the week in Portland, Maine for a National Governors Association event and will continue his sojourn from the local spotlight with a family trip to Las Vegas followed by a few days in Colorado to meet with Republican governors.

But would the Republican governor, who describes himself as pro-choice and implemented several abortion access protections in an executive order, go for a veto again if the bill included the word "severe"?

"Based on what I know of the governor's past actions, I think that is a fair assumption," said Sen. Cindy Friedman, an Arlington Democrat and lead sponsor of the Senate's rewrite. "His issues originally were around late-term pregnancies and early consent, and this goes directly at that."

Lawmakers this week quickly sent the abortion access bill prompted by the U.S. Supreme Court's Dobbs v. Jackson decision into private conference committee negotiations, as they did with competing versions of a veterans bill that took dramatically different approaches.

That pushed the number of active conference committees working to secure final passage of already-approved bills to 10, an unusually high number.

Not every pressing matter needed a panel of negotiators, though. The House and Senate found a way to reach agreement more informally on Thursday, settling on a bill that will extend through the end of March several pandemic-era policies set to lapse Friday.

Another measure rolled out as a COVID response is also here to stay. The state's highest court on Monday rejected a state Republican Party challenge to a new law permanently allowing mail-in voting and expanded early voting.

MassGOP Chairman Jim Lyons said he will appeal the case to the U.S. Supreme Court, but in the meantime, the route is clear for Secretary of State William Galvin to begin printing ballot applications.

The state Supreme Judicial Court issued a brief order upholding the law supporters dubbed the VOTES Act, and justices will later publish a full opinion outlining their rationale.

"For me, it's kind of like getting dessert before dinner," Galvin, a Democrat, said of receiving the order before the opinion. "The bottom line is I got my dessert."

STORY OF THE WEEK: Three more milestone bills advance dealing with abortion access, decades of investment in environmental and transportation infrastructure, and economic development, and the changes adopted along the way could create friction in House-Senate negotiations.

SONG OF THE WEEK: By adopting nearly $480 million in amendments on a House economic development bill and $440 million in amendments on a Senate infrastructure bond bill, lawmakers were happy to take the legislation and pump it up....


State House News Service
Friday, July 15, 2022
Advances - Week of July 17, 2022


The universe of major bills that appear on a glide path toward Gov. Charlie Baker is coming into clearer focus each day, and perhaps the biggest of those bills is poised to land on his desk Monday, when Baker plans to be in Colorado meeting with Republican governors.

House and Senate Democrats have again made Massachusetts the last state with an annual budget in place, but signaled Thursday that they have an agreement and just need a little more time to finalize details and will have a fiscal 2023 budget ready for votes on Monday, when both branches have scheduled formal sessions.

A sweeping abortion rights bill was assigned Thursday to a conference committee and once the Senate passes its version of an omnibus economic development bill - their proposal is coming out on Monday - that legislation will also be routed to conference.

A glut of conference committees have already been created, with House and Senate members just waiting for some of them to reach agreements on issues like sports betting, climate and energy policies, mental health care and cannabis industry operations. But with just two weeks before formal sessions end for the year, it's time to fret for proponents of other measures like sex education legislation, a sexting and revenge porn bill, checks on hospital expansions, and assorted prescription drug policy measures.

Each of those topics has gotten through one branch but not the other. It's also the time of session where the parasite effect kicks in. Proponents of online Lottery wagering were able to convince the House this week to attach their proposal to the economic development bill, which should hit the Senate floor soon. And senators stuck a mandate for free or reduced MBTA fares for low-income riders to their infrastructure bill.

Unable to move their ideas as standalone bills, supporters of other proposals are also desperately angling to glom their measures on to larger bills that they believe will reach the governor's desk. The strategy puts more chips on the table ahead of the wheeling and dealing among senior House and Senate Democrats who can trade priorities in late-session dealmaking.

When the dust settles in early August, supporters of bills that come up short can point to whatever momentum they were able to achieve to position themselves in the 2023-2024 session, when many Democrats are convinced that one of their own -- Attorney General Maura Healey -- will hold the governorship and bring a new ideology to the governor's office on issues like abortion rights and gun control, for instance.

As the News Service continues its gavel-to-gavel coverage of the session, keep an eye on which major bills legislative leaders choose to move next week since those may be the proposals where they are expecting vetoes or amendments from the governor and they need to leave themselves time to respond before the curtain closes on formal sessions for 2022....

Tuesday, July 19, 2022

BACK TO TAXACHUSETTS?  Pioneer Institute Executive Director Jim Stergios and senior fellow Charles Chieppo lead a discussion about their new book "Back to Taxachusetts?"  The book summarizes 24 studies conducted by the institute that attempt to document what they believe will be the negative consequences of a ballot question backed by the Legislature to amend the Constitution and add a surtax of 4 percent on all annual household income over $1 million.

The discussion is expected to focus on evidence used by Stergios and Chieppo to argue that the tax will cause homeowners, retirees and small business owners to leave Massachusetts, having a negative impact on the economy. The virtual event is hosted by the Massachusetts High Technology Council. A question-and-answer session will follow the presentation and all attendees will receive a complimentary copy of the book.

 


State House News Service
Monday, July 11, 2022
SJC Upholds Mail-in, Early Voting Law
Galvin Ready To Mail Ballots, Lyons Plans Appeals To U.S. Supreme Court
By Colin A. Young


With the state Supreme Judicial Court having rejected his challenge to the new law making early voting and vote-by-mail permanent features of elections here, MassGOP Chairman James Lyons said Monday that he plans to appeal to the U.S. Supreme Court to "provide relief to prevent a constitutional travesty."

Lyons and a handful of Republican candidates filed a lawsuit last month seeking to overturn the so-called VOTES Act, which made voting-by-mail permanent in Massachusetts. The plaintiffs argued last week before the SJC that the VOTES Act, which codified pandemic-era policies that proved popular with voters, violates the allowances for absentee voting contained in Article 105 of the state Constitution and that Secretary of State William Galvin should be blocked from sending mail-in ballot applications to the more than 4.7 million voters in Massachusetts.

In June, the voting reforms were enacted on a 37-3 vote in the Senate and by a 126-29 margin in the House.

The court ruled in an order Monday morning that "judgment shall enter in the county court for the Secretary on all claims in the plaintiffs' complaint" and that "the plaintiffs' request to enjoin the Secretary from putting the VOTES act into effect is denied." The ruling clears the way for Galvin to begin sending ballot applications by the July 23 deadline called for in the law, though he said he intends to beat the deadline.

"We proved here in Massachusetts that election reforms that empower voters work. We demonstrated that with the success of our turnout numbers but also by the transparency by which we conducted those elections. The success beyond any doubt of those elections, the integrity of the elections that we held, the absence of controversy about ballots being counted -- all of that proves that the reforms and election laws that empower voters, that include voters, works," Galvin said at the State House on Monday, noting that the deadline for voters to apply for a mail-in ballot for the Sept. 6 primaries will be Aug. 29. He added, "We hope to lead the nation. We hope that, as we regretfully see around the country the pendulum swing the other way -- voters being deprived of their rights, limited opportunities -- is the wrong way to go. The right way to go is the way that we're going."

Lyons and the GOP pointed to part of the Massachusetts Constitution that explicitly allows for absentee voting for three reasons -- when a voter is going to be out of town for Election Day, has a disability, or has a religious-based conflict with Election Day -- and argued those were the only allowable reasons a voter should vote by mail. The defendants and others, however, argued that mail-in voting is a form of early voting, totally separate from Election Day and absentee voting covered by the Constitution.

The SJC's order did not come with the usual explanation of the justices' thinking, so it is not known exactly how the justices came down on that question. The court said it wanted to issue the order quickly because the deadline for Galvin to mail the applications is fast approaching and added that a complete opinion detailing the court's thinking would "follow in due course."

"The presses are rolling to put out the applications," Galvin said Monday. "We queued up everything we need to do. We expect the presses to be rolling ... today. It's a huge mailing, in excess of 4 million pieces." He added, "We're doing it as rapidly as possible."

Lyons said the Republican Party appreciates the consideration of the seven SJC justices, all of whom were nominated to the SJC by Republican Gov. Charlie Baker. But he also noted that the case "presented significant issues of both state and federal law."

"With respect, however, [the SJC justices] are the final arbiters of state law. Their decisions must also conform to the federal constitution. Having conferred with counsel, we will be seeking emergency relief from the U.S. Supreme Court because of federal law issues presented in the VOTES Act, including the first amendment black-out posed by the electioneering ban, the differential treatment between absentee voters and early voters, and the enshrining of the partisan selection of election officials into state law," Lyons said.

The VOTES Act's extension of the existing electioneering buffer zone requirements for Election Day polling places to early voting locations during voting hours was one area of the MassGOP's complaint that justices zoomed in on during last week's oral arguments.

"The electioneering ban ... which before only applied to polling places on the narrow occasion of Election Day, now covers town hall for weeks at a time. It is by definition no longer a narrowly-tailored impingement upon free speech," Michael Walsh, a Lynnfield attorney representing Lyons and the plaintiffs, wrote in his brief. "Since the ban is now not restricted to a single-use facility, the geographic location conscripted for 12 hours of polling on election day, it restricts all manner of access to the government."

Justice Scott Kafker took note of the expansion of the times when the 150-foot buffer zones are in effect and what that could mean for the expression of rights by citizens at places like city or town hall when those facilities are functioning as early voting locations.

"I'm just trying to understand," he said. "So we've got these smaller towns in Massachusetts where town hall is, basically, the single public forum ... and it's going to be shut down for two weeks or so."

Getting the matter before the U.S. Supreme Court will be no small task for Lyons and the Republican Party. To request a stay in an election law case, someone must file an application that goes before a circuit justice who can grant or deny the request on their own, or send the request to the full court for the justices to vote on, according to an explainer published by SCOTUSBlog.

If an application gets to the full court, justices consider whether they would be likely to take the case up on its own merits, whether there would be a "fair prospect" that they would overrule the lower court, and whether the lower court ruling would cause permanent harm if allowed to remain in effect, SCOTUSBlog said. At least five justices would need to be in favor for the court to grant a stay.

The legislative leaders who shepherded the VOTES Act through their chambers said repeatedly that they were confident it would withstand a legal challenge, though they often said so without getting into the reasons for their confidence.

House Speaker Ronald Mariano said Monday afternoon that he was not at all surprised with the SJC's ruling.

"We did a very good bill and we were confident that we would be successful in any challenge. That's not a surprise," he said.

Asked about Lyons' declaration that he would attempt to bring the issue before the U.S. Supreme Court, the speaker said, "They can do whatever they want."

Chris Lisinski contributed to this report.


The Boston Herald
Monday, July 11, 2022
Signature drive to put driver’s licenses for illegal immigrants
up for a vote in November heats up;
Protesters called out for being too ‘aggressive’
By Joe Dwinell


The push to deny driver’s licenses to illegal immigrants has hit the grocery stores where the competition is as fierce as the discounts inside.

The campaign needs 41,000 signatures to put a referendum question on the statewide November ballot to overturn the law. Those signatures are due by Aug. 24 and some Democrats — including a state senator — have soured on the idea.

“We’re literally being blocked when we set up,” MassGOP Chairman Jim Lyons said about the signature tables at mostly grocery stores. “They are being off-the-charts aggressive and I told them they are violating the law.”

Booths seeking to repeal the law have been targeted in Waltham, Tewksbury, Berlin and less so in Haverhill. Police were called to a Tewksbury store where “protesting customers from signing the petition,” police wrote. It got so bad police asked everyone to go.

A 1983 state Supreme Judicial Court case upheld the rights of anyone to solicit signatures at shopping centers — giving this push legal footing. “Interference or attempted interference with these rights … violates the state civil rights law,” a directive states.

State Sen. Jamie Eldridge told the Herald Monday he is proud to be protesting signature gatherers attempting to overturn the state’s new immigrant license law.

“I have been proud to support the Work and Family Mobility Act, and oppose the effort to repeal the law, sharing with voters my point of view,” he said.

The Act was made law last month over the veto of Gov. Charlie Baker and will grant illegal immigrants the ability to demonstrate their identification with home nation documents giving them access to the driver’s licensing process.

Ballot proponents, led by Maureen Maloney — the mother of a man slain by an illegal immigrant who was driving drunk — have been working to gather the more than 40,000 signatures they will need to get a question onto the ballot, which would ask voters whether they want to overturn the law.

According to Eldridge, he has been supporting protests against signature gatherers he found at the Cabela’s in Hudson over the last two weekends, but did not attempt to stop their signature gathering or prevent signers from signing.

“I have not interfered with any voters who have decided to sign the petition,” he told the Herald.

Eldridge said that the petitioners are expressing their rights, but that so is he.

“Under the First Amendment of the U.S. Constitution, the rights of free speech are among our most cherished and protected liberties. These rights also apply when an individual, or a group of individuals, publicly collect signatures to pass a particular bill, and when they respectfully provide the other point of view, including when voters are being solicited outside of a retail store,” he said.

Lyons, however, sees it differently.

“We have a right not to be interfered with,” he said, adding other protesters have taken sides against funding for police and other far-left causes. “They are going way too far and Eldridge is acting like an elitist.”

Both Republican candidates for governor, Geoff Diehl and Chris Doughty, announced they would also work to gather supporting signatures.

The law, as it stands now, will allow those without legal status, but with the ability to demonstrate their identity using documents from their home country, to receive driver’s licenses from the state on July 1, 2023.


Massachusetts Republican Party
Thursday, July 14, 2022
Press Release:  Radical leftists deploy "heckler's veto" strategy
in effort to shut down referendum signature collection drives


WOBURN -- Massachusetts Republican Party Chairman Jim Lyons said Thursday he's noticed a common trend among leftist efforts to shut down the daily signature collection drives necessary to put the question of whether illegal immigrants should be entitled to receive state-issued driver's licenses before voters in the form of a referendum.

"The leftists harassing our volunteers are deploying what's known as a 'heckler's veto,' which happens when one side throws a big enough tantrum and creates enough of a nuisance to prompt police or store managers to have to shut down the collection drive altogether," Lyons said. "That's what's been happening in front of supermarkets across Massachusetts on a daily basis."

Lyons said this exact scenario recently played out at a Tewksbury Market Basket where he was collecting signatures. A left-wing activist later identified by police as Wes McEnany was part of a group of individuals who, according to Lyons, caused enough of a disturbance to prompt police to order both sides to leave the premises.

McEnany has previously advocated on social media in favor of "defund(ing) the police and "kick(ing) cops out of unions."

Similar incidents have been reported at shopping centers in Hudson, Chelmsford, and Waltham. Lyons earlier this week issued an advisory to local Republican committee leaders requesting that volunteers refrain from engaging with protesters, and if necessary, call police to file formal complaints.

On Thursday, MassGOP's legal counsel distributed a memo to Market Basket's upper management describing the situation, noting that state law protects the rights of volunteers to collect signatures at high-traffic public shopping areas, as long as they do not interfere with business.

"Our volunteers have been peacefully collecting signatures but when agitators begin bothering customers and causing a commotion, it creates problems for the businesses," Lyons said. "For those unaware, it is an outright violation of state civil rights laws to interfere with individuals collecting signatures for a referendum.

"Leftists think that if they throw a big enough tantrum, they can shut us down. This has been their strategy since day one."

Lyons added that the central goal for signature collectors is for Massachusetts voters to decide whether a partisan law passed by solely by Democrats to reward illegal immigrants with the privilege of securing a state driver's license should remain on the books.

"If the Democrats and their shopping center agitators think this is such a great law, what could they possibly be worried about?," Lyons said. "We want the people to be the ones who decide this, and not elitist Democrats who think they know better than the voters." 


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


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