CITIZENS   FOR  LIMITED  TAXATION  &  GOVERNMENT
and the
Citizens Economic Research Foundation

 

CLT UPDATE
Thursday, July 18, 2002

The Beacon Hill Cabal's hijackings continue


The Legislature's $1.14 billion tax-hike package temporarily derailed yesterday after state senators balked at what they believed to be a bad public relations strategy....

By taking both votes the same day, senators hope to minimize the media damage - "two days of stories, as opposed to one," Lees said.

"That's what's wrong with this place - everything is thought of as how it will play in the press, as opposed to what is right or wrong," Lees said.

The Boston Herald
Jul. 18, 2002
Pols delay vote on $1B tax hike over public relations strategy


Senate Minority Leader Brian P. Lees, R-East Longmeadow, said yesterday that Democratic leaders are seeking to avoid two days of bad press. By voting on the new taxes and the budget on the same day instead of on separate days, the Democrats are aiming to limit negative publicity, Lees said.

"There isn't one single innovative new program in the budget," Lees said. "It's all tax and spend and cuts. I find that absolutely mind-boggling."

The Springfield Union-News
Jul. 18, 2002
Lawmakers delay vote on tax hikes


Legislative leaders, unable or unwilling to come up with about $630 million in additional spending reductions to balance the fiscal 2003 budget, have decided to pass the buck to the governor.

Sadly, it's the kind of self-serving political maneuver we've come to expect on Beacon Hill.

A Telegram & Gazette editorial
Jul. 17, 2002
Passing the buck


Birmingham and Finneran weren't able to manage a coherent, democratic budget process when the state was awash in surpluses, so it's not surprising that their inability to compromise should resurface when faced with the most difficult budget in a decade. Tough times require tough decisions, but Finneran and Birmingham have refused to let the Legislature  they control set spending priorities. Before taking any serious look at cutting spending, the Legislature raised taxes by $1.2 billion, carefully timing the action so legislators wouldn't have to vote for new taxes until it was too late for opposing candidates to file nominating papers....

If the dysfunction of the Legislature is familiar so, unfortunately, is the cowardice. House Speaker Tom Finneran and Senate President Tom Birmingham seem to think their main job is to prevent legislators from having to make any difficult votes. They reinforced this impression yesterday, when they abruptly adjourned a joint session of the Legislature rather than have their members take a position on three proposed constitutional amendments.

A MetroWest Daily News editorial
Jul. 18, 2002
Legislature punts away the budget


Chip Ford's CLT Commentary

Yesterday we and everyone else underestimated the craftiness of the legislative leadership. The billion-plus dollar tax increase was reportedly to be voted upon yesterday ... but then the Legislature thought better of it, came up with a slicker plan: Put it off until Friday so it hits the news over the weekend, when the public isn't paying as much -- if any -- attention on a mid-July weekend.

"Hey," the conversation supposedly went, "if we're gonna take a political hit for raising taxes and a hit for cutting spending, why spread it over two days ... and why do it in the middle of the week?"

So the vote on both the tax hike and budget is now reportedly to occur tomorrow, Friday, and probably the later the better so it avoids the news cycle for even Saturday.

Are we cynical enough yet, folks?

If you're not, look only to the total disregard for the state Constitution and the constitutional process for amending it, again arrogantly thwarted with impunity yesterday.

Now I don't care which side of the proposed "Defense of Marriage" amendment you support, what the "constitutional convention" [Con-Con] -- the House and Senate sitting together -- did to the rule of law yesterday is despicable. Anyone who supports participatory democracy and the initiative process cannot with a straight face condone the cowardice and arrogance of this Legislature's action.

As soon as the Con-Con was called to order, state Sen. Brian Lees (R-East Longmeadow) called for adjournment of the convention. His call was voted on and approved by a vote of 137-53, which disregarded the 130,000 voter signatures which forced it before them, and they unconstitutionally killed the proposal for all time.

If there are any still remaining who still believe that we the people can have any effect over how we agree to be governed under the present regime, wake up. Recognize reality when it hits you with a two-by-four the third, fourth, fifth or sixth time, please dear subjects of the Commonwealth, recognize the reality now.

The Boston Globe reported today [Gay marriage ban thwarted Legislators kill ballot question]:

Even some legislators who opposed the ballot question were dismayed at the method used to kill it. While opponents of the measure needed the votes of more than 75 percent of legislators to defeat it, they needed just a simple majority to approve the motion to adjourn, effectively ending consideration of the question....

Birmingham bristled when a reporter compared his actions yesterday to former Senate president William M. Bulger's refusal to allow a term limits amendment to the floor in 1992. Bulger had simply gaveled the session out repeatedly, Birmingham said. He himself has done that only once, last month.

"I did gavel the last constitutional convention to a recess because I felt the members needed more time to assess" the matter, Birmingham said. "Today we saw democracy in action. They may not like it, but they lost two to one." ...

State Senator Cheryl A. Jacques, a leading opponent of the ballot question, conceded yesterday that her victory might not have been pretty. But she was no less satisfied for that.

"We had a recorded vote to adjourn," she said. "I'm proud to have done anything possible to defeat this hate-filled, discriminatory measure. I'll take a victory on this any way I can get it."

State Senator Jacques went on to add: "When you are up against a discriminatory hateful measure, the ends justify the means."

"The ends justify the means" seems to be Sen. Jacques' creed.

Even Adrian Walker, a dependably liberal Boston Globe columnist, today wrote:

"Cries of hypocrisy surely await the many people who voted for adjournment even though they have railed against "antidemocratic" moves in the House before. The same cries also await the supporters of other ballot questions (think Clean Elections) who love the referendum process when their side is a winner, but were willing to ax it yesterday -- and managed to brag about their principled stand. How can the ballot process be valid only when your side wins?"

Dorothea Vitrac and CLT did term limits (back then I ran the petition drive for LIMITS as a freelance consultant). Dorothea's group LIMITS first succeeded getting the signatures for a constitutional amendment. The Con-Con tied us up in knots to avoid a vote by sending it to the state Supreme Judicial Court for an "advisory opinion" on its latent constitutionality.

The SJC ruled it constitutional, but the Legislature then refused to return it to the Con-Con calendar. LIMITS again took it to the SJC, which ruled that as long as the Legislature was in session, it might, might still be brought up, so the SJC could and would not act.

When the Legislature finally adjourned the following January, it was too late for the court to rule any further: the proposed term limits amendment was dead, killed by inaction through parliamentary obfuscation.

So, recognizing the potential was zero for a term limits constitutional amendment, we went out and got the signatures on an initiative petition for a term limits statute ... a law. We got in on the ballot where it easily was approved by the voters.

When the law was about to take effect, the Legislature sued before the Supreme Judicial Court, which ruled that term limits could not be imposed by statute, but only by constitutional amendment -- a classic Catch 22, the dog chasing its tail.

CLT gave up attempting to amend the state Constitution. The only ones who can amend it are legislators -- as they most recently did with their constitutionally-mandated and guaranteed pay hikes, with a perverse ballot question of their drafting. If it doesn't benefit them directly and they don't like it, it won't make it onto the ballot for the "unwashed masses" to decide. If the constitution is ever to be amended, it will be only to the benefit of Beacon Hill politicians.

So here we are, folks. The question is, what are we going to do about this tyranny - this hijacking of democracy? Can you live with it, abide it, ignore it and move on with your life?

It's never been worse, granted.

But we are not going to lie down and roll over.

We sincerely hope you won't either.

Chip Ford


The Boston Herald
Thursday, July 18, 2002

Pols delay vote on $1B tax hike
over public relations strategy

by Elisabeth J. Beardsley

The Legislature's $1.14 billion tax-hike package temporarily derailed yesterday after state senators balked at what they believed to be a bad public relations strategy.

House leaders announced Monday the giant tax hike -- the biggest in state history -- would be extracted from tardy budget negotiations and fast-tracked through the Legislature yesterday.

But the tax hike never surfaced, and the House and Senate both adjourned without explanation from the chambers' leaders.

Senate Minority Leader Brian P. Lees (R-East Longmeadow) said his Democratic colleagues insisted during a private Tuesday caucus that the tax-hike votes be taken in tandem with the budget.

By taking both votes the same day, senators hope to minimize the media damage -- "two days of stories, as opposed to one," Lees said.

The current plan -- subject to change -- is to take up both the tax hikes and the budget Friday, which would also serve to bury the controversial votes in lower-profile weekend news reports, Lees said.

"That's what's wrong with this place -- everything is thought of as how it will play in the press, as opposed to what is right or wrong," Lees said.

The House passed the tax hike as a separate bill, saying they needed to know how much money they had before they actually spent it.

But the Senate rolled the tax hikes into its budget, arguing there should be a direct link between money raised and programs saved.

Senate President Thomas F. Birmingham, a gubernatorial candidate, said it's not a problem to pull the tax hikes out of the budget -- but he added senators aren't willing to fully capitulate to the House.

"It will come before the Senate as a separate bill, but probably in conjunction with the budget itself," Birmingham said.

Birmingham said he expects the compromise budget to preserve the Senate's $100 million boost to school aid, but he acknowledged that lawmakers will probably cut deeply into Medicaid, throwing thousands of poor people off their health insurance.

Assistant House Minority Leader Bradley H. Jones (R-North Reading) said the Senate's 48-hour delay isn't going to matter to voters once they are paying an average of $317 in higher taxes. "Largely, it's irrelevant," Jones said. "But hey, good for them, if that's what their leader wants to do."

House Ways and Means Chairman John H. Rogers (D-Norwood), who on Monday trumpeted yesterday as the action day, did not return a call. Acting Gov. Jane M. Swift observed yesterday's tax-hike positioning with a shrug -- and a loaded veto pen.

"Frankly, no, it really doesn't matter," said Swift spokesman Jim Borghesani. "The governor's ready to do what she has to do."

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The Springfield Union-News
Thursday, July 18, 2002

Lawmakers delay vote on tax hikes
by Dan Ring

BOSTON -- State lawmakers yesterday delayed a vote on a disputed $1.14 billion tax increase until after release of a new state budget that is expected to feature deep cuts in human services, education and health care.

A legislative committee on Tuesday released a compromise tax package and the bill was set to receive final approval in the House of Representatives and the Senate yesterday. That plan was scrapped yesterday.

"I'm not going to vote on a tax increase until I see what is in the budget," said Senate Majority Leader Linda J. Melconian, D-Springfield.

The budget for the fiscal year that started July 1 now is expected to be released today. Melconian said lawmakers tentatively plan to vote on the budget and the tax increases tomorrow.

The estimated $23 billion budget is expected to include about $1.5 billion in cuts. "It's a very grim, bleak budget," Melconian said.

Senate Minority Leader Brian P. Lees, R-East Longmeadow, said yesterday that Democratic leaders are seeking to avoid two days of bad press. By voting on the new taxes and the budget on the same day instead of on separate days, the Democrats are aiming to limit negative publicity, Lees said.

"There isn't one single innovative new program in the budget," Lees said. "It's all tax and spend and cuts. I find that absolutely mind-boggling."

In order to close a projected deficit caused by falling tax collections, lawmakers are also planning $1.14 billion in new taxes including freezing the income tax, raising the cigarette tax and repealing a deduction for contributions to charities.

Acting Gov. Jane M. Swift is pledging to veto the tax increases. Lawmakers are expected to quickly override her vetoes by more than the necessary two-thirds margin in each branch.

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The Telegram & Gazette
Wednesday, July 17, 2002

Editorial
Passing the buck

Legislative leaders, unable or unwilling to come up with about $630 million in additional spending reductions to balance the fiscal 2003 budget, have decided to pass the buck to the governor.

Sadly, it's the kind of self-serving political maneuver we've come to expect on Beacon Hill.

In weeks of negotiations, House and Senate leaders managed to agree on about $300 million in cuts. They propose making up the difference by drawing down the rapidly shrinking rainy-day fund -- a tactic Gov. Jane M. Swift has said she would veto.

The handoff leaves the governor with a limited range of possibilities, none particularly palatable. Changes might involve lottery payouts and distribution, affordable housing, pension-fund payouts, smoking prevention programs, dental services and others. (Local aid is on the table as well, but cuts in that area would wreak havoc with already fragile municipal budgets throughout the state.)

The decision to pass the buck caps a series of maneuvers this budget cycle by House Speaker Thomas M. Finneran and gubernatorial candidate Thomas F. Birmingham.

First, there was the spending plan floated by the House Ways and Means Committee, a bogus budget calculated to spread panic and bolster the case for tax and fee increases. The tactic had the desired effect and the Legislature approved $1.2 billion in new fees and taxes -- the largest increase in state history.

While the spring budget theatrics dragged on, revenue projections continued to dwindle. When Ms. Swift became a lame duck she also became the perfect scapegoat for the state's budgetary woes.

Reportedly, the governor is more than willing to step into the leadership gap. Nonetheless, to foist off responsibility for reductions almost three weeks into the budget year -- and half a year after Ms. Swift submitted her budget proposal, only to have it pronounced dead on arrival by legislative leaders -- is unconscionable.

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The MetroWest Daily News
Thursday, July 18, 2002

Editorial
Legislature punts away the budget

The details of what is developing as this year's compromise on the state budget are new, but the pattern is familiar. Again, the budget is late. Again, the decisions are being made behind closed doors. Again, the leaders of the House and Senate can't find a way to bridge their differences.

This time, the leaders' solution to this familiar impasse is to pass the buck to acting Gov. Jane Swift. The Legislature will send her a budget that is $330 million out of balance, with the tacit understanding that the vetoes she makes will not be overridden.

If the dysfunction of the Legislature is familiar so, unfortunately, is the cowardice. House Speaker Tom Finneran and Senate President Tom Birmingham seem to think their main job is to prevent legislators from having to make any difficult votes. They reinforced this impression yesterday, when they abruptly adjourned a joint session of the Legislature rather than have their members take a position on three proposed constitutional amendments.

Birmingham and Finneran weren't able to manage a coherent, democratic budget process when the state was awash in surpluses, so it's not surprising that their inability to compromise should resurface when faced with the most difficult budget in a decade. Tough times require tough decisions, but Finneran and Birmingham have refused to let the Legislature they control set spending priorities. Before taking any serious look at cutting spending, the Legislature raised taxes by $1.2 billion, carefully timing the action so legislators wouldn't have to vote for new taxes until it was too late for opposing candidates to file nominating papers.

Finneran and Birmingham figured the tax increase would close the budget gap, saving legislators the painful task of deciding which programs work and which don't, which public investments are crucial and which aren't, where money is being well-spent and where it's being wasted. In most places, that's the heart of a legislator's job, but not in Massachusetts. Here, the political culture is based not on tough decisions forced by limited resources but on spreading the cash around to make every interest happy.

At this writing, the conference committee considering the budget has yet to report. But word is they'll close half the remaining $600 million gap by simply taking the lower number figures in the House and Senate budgets. The other $300 million will be charged to the rainy day fund, but since neither Swift nor Finneran wants to dip further into the reserves, the understanding is that Swift will veto at least $300 million to bring the budget back into balance.

This will all happen quickly, which is another hallmark of the Birmingham-Finneran Legislature. The conference committee is expected to report its compromise out today, with the final vote on the tax hikes and the budget coming Friday, most likely after the press and citizenry have left for the weekend. Swift will have 10 days to make her vetoes, leaving one day before the session ends for a flurry of override votes.

After it's over, lawmakers will brag that they got their work done a full four months earlier than last year's fiasco. Those who pay close attention know better. This year's budget process has been as flawed and undemocratic as previous years, and those who pay taxes and depend on state services will pay the price.

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