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

 

CLT UPDATE
Tuesday, July 30, 2002

CLT awards first "Village Idiot Dunce Cap" Award


If you think the state budget is a mess and you will be taxed to death this year, just wait until next year. It may make the current fiscal year look like a Libertarian's dream....

There seems little doubt that the income tax will increase again next year, wiping out the entire voter-approved cuts. Also look for an increase in sales taxes, which will hurt business, and an attempt to gut Proposition 2½.

As Barbara Anderson of Citizens for Limitation Taxation and Government said of legislators, "They've lost all control."

A Brockton Enterprise editorial
Jul. 29, 2002
This is just the beginning of tax increases


Smokers who want to quit - especially in the wake of a new 75-cent tax-hike - aren't going to have cessation programs available, said Cheryl Sbarra, director of tobacco control programs for the Massachusetts Association of Health Boards.

"We're going to see people die," Sbarra said....

"It will probably be myriad choices - like pink slips, like layoffs, like larger class sizes," said Massachusetts Teachers Association President Cathy Boudreau. "Those are poor choices."...

"I would hope that we'll take up a significant number of the veto overrides," Birmingham said.

And Swift slashed nearly $20 million from MWRA and other water and sewer rate relief - a 30 percent decrease from last year. That's going to mean double-digit rate hikes averaging $240 per household per year, said Rep. Robert DeLeo (D-Winthrop), MWRA caucus chairman.

"I'm very concerned about the hue and cry from the people," [state Rep. Robert] DeLeo said. "Folks aren't going to be happy."

The Boston Herald
Jul. 30, 2002
Gov vetoes slash $355M


Smaller state groups were likewise not spared the governor's pen. The Mass. Cultural Council, for example, saw its budget cut by 46 percent - a reduction director Mary Kelley says will virtually eliminate MCC grants to nonprofits across the Commonwealth.

"There's no way for us to absorb this kind of cut," Kelley said. "We were supporting about 520 cultural organizations, from the Museum of Science to small dance studios," she said. "It's going to mean a deep loss to the communities."

The Boston Globe
Jul. 30, 2002
Swift vetoes $355m in state spending


In a letter to legislators explaining the rationale behind and the importance of the $355 million in items vetoed in the state budget yesterday, acting Gov. Jane Swift made an important, if partisan, observation.

"In the past, budget vetoes and budget overrides have had an air of unreality," she wrote. "Each year spending went up. Since 1991, $1.2 billion in vetoes have been overridden, approximately the same amount as this year's tax increase."

It had all became something of a game - a game that would be silly if it weren't for the fact that the state's taxpayers will have to pay dearly for it this year. There's no one who won't be touched by this most massive of tax increases. And it has happened because there will always be those on Beacon Hill who when the good times are rolling can't find enough worthy programs for their largesse.

A Boston Herald editorial
Jul. 30, 2002
A year of choices and of courage


Filling a prescription is about to get a lot tougher for the state's 900,000 Medicaid recipients, as a major pharmacy chain said yesterday that new provisions in the state budget would force it to abandon the state-administered program for the poor and disabled and other chains pondered action....

The other proposal would impose a user fee on all non-Medicaid prescriptions, generating $36 million, which would be matched by the federal government....

Swift's spokeswoman, Sarah Magazine, said the governor was concerned about the budget's impact on access to prescriptions for Medicaid patients, but those concerns were outweighed by the state's need for cost savings and new revenue....

Many pharmacy officials have called the user fee a new tax directed exclusively at them. Unlike the reimbursement rate, the pharmacies cannot challenge the user fee; it became law with Swift's signature....

"These businesses may be gone and never recover," [Carmelo Cinqueonce, executive VP of the Mass. Pharmacists Assoc.] said....

"If this is the way it's going to be, there is absolutely no way we can remain in business," [Mark A. Dumouchel, president of Eaton Apothecary] said.

The Boston Globe
Jul. 30, 2002
Pharmacy chain balks on Medicaid


Knowledgeable people on Beacon Hill (though, at times, that seems an oxymoron) said yesterday that the Joint Transportation Committee will take a vote on it this afternoon. It will then be presented for votes in the House and Senate by tomorrow. But how much careful thought, how much constructive debate, can be dedicated to such a pivotal issue in less than 24 hours? The answer: barely any at all.

In other words, it's business as usual. We have a Legislature that routinely passes budgets seasons late. Every vote of any consequence seems to be taken in the dark of the night against the pressure of expiring time. We have public officials at every level who never step up and inject an ounce of common sense or a drop of passion into the most prominent issues of the day....

Thank you, elected officials. You've done it all over again.

The Boston Globe
Jul. 30, 2002
No will, no way
By Brian McGrory


"It's not just about money," [Senate President Tom Birmingham] said. "It's about a sense of collegiality and fairness and keeping one's word."

The Boston Globe
Jul. 29, 2002
Bill targets corporate crime


Earlier this year, the Senate passed a $955.5 million bond bill over five years, and the House passed a $423 million bill over two years. The two sides then got together in conference committee last week and agreed on a $707 million bill....

Christopher Hardy, legislative liaison for the Massachusetts Audubon Society, said ... "This is the largest capital authorization for environmental programs in state history," said Hardy. "Obviously, we wanted more money over a longer period of years, but I think this is a solid bill we can all be proud of." ...

But Hardy did give a point of comparison. In 1996, the Legislature approved a $399 million bond bill that lasted until this year.

The Neponset Valley Daily News
Jul. 30, 2002
Green bill to go before Swift


Chip Ford's CLT Commentary

I know some of you seniors won't like Gov. Swift's veto of five property tax exemptions or reductions for seniors, but the majority of property taxpayers sure do appreciate it!

In the governor's veto message, she wrote: "I am vetoing this section because, while I favor property tax exemptions for seniors, I cannot support a proposal that would insulate significant numbers of people from the consequences of their vote to increase taxes under Proposition 2½." We agree!

If the Legislature's so-called Senior Citizens Circuit-Breaker(s) had become law, it would have been the death of Proposition 2½ - just as effectively as if the village idiots had provided an exemption from Prop 2½ property tax increases from, say, parents with children in public schools. Imagine, you could vote for higher taxes -- on everybody else -- with immunity to your own tax bill! Senior citizen property owners are an integral taxpayers' brake on Proposition 2½ overrides. The last thing local taxpayers want is for seniors to sit out an override vote -- we need every vote to survive!

Today Rep. Robert DeLeo (D-Winthrop) earns CLT's first "Village Idiot Dunce Cap" Award!

"I'm very concerned about the hue and cry from the people. Folks aren't going to be happy," Rep. DeLeo whined. Can you believe this clueless village idiot? He just voted to raise taxes $300-400 a year on all of us ... some $600 or more if you're a smoker! The village idiots just voted to drive pharmacies out of state or out of business. And he's just waking up to people not being happy, to their "hue and cry"?

State Senate President (and Democrat candidate for governor) Tom Birmingham came awfully close to winning the "Village Idiot Dunce Cap" Award today, with his hypocritical statement decrying the veto of 5 percent pay raises for public college professors: "It's not just about money. It's about a sense of collegiality and fairness and keeping one's word."

"Keeping one's word"? How recently did he trip over that politically-foreign concept -- and why doesn't it apply to the increased income tax rate?

The CLT "Village Idiots Dunce Cap" Award is going to have to be a regular -- daily perhaps -- event, because there are so many deserving potential recipients among the village idiots. and we do want to be fair and equal-opportunity.

"We were supporting about 520 cultural organizations, from the Museum of Science to small dance studios," another critic complained. Small dance studios are now competing for our hard-earned money against "the most vulnerable among us" in the midst of a "fiscal crisis"?

Good grief, dance classes were cut in what Sen. Birmingham termed a "nuclear winter" budget. Gracious, where are our compassionate priorities! Dancing vs. prescriptions drugs?

And there it is, from an anti-smoking Nazi: "We're going to see people dieeee!" What would all this predictable whining be without that battle cry of desperation? And I didn't have to look all that hard to find it. (I knew it had to be there somewhere; someone had to resort to it.)

But never fear, even in the midst of this "fiscal crisis, the village idiots were able to increase the $339 million in the last Environmental Bond/Pork bill (1996) to $707 million in the current pork bill (remember the $12 million for a government golf course in Weston?).

"Obviously, we wanted more money over a longer period of years, but I think this is a solid bill we can all be proud of," one spending advocate crowed.

I should say so.

Chip Ford


The Brockton Enterprise
Monday, July 29, 2002

Editorial
This is just the beginning of tax increases

If you think the state budget is a mess and you will be taxed to death this year, just wait until next year. It may make the current fiscal year look like a Libertarian's dream.

"Everything's back on the table," said House Ways and Means Chairman John Rogers, by way of explaining that more tax increases are in the offing. He said the state's cash reserves are dangerously low because the Legislature approved taking $900 million to balance the budget this year. That leaves just $170 million, meaning taxes will have to go even higher next year just to level-fund the budget.

There seems little doubt that the income tax will increase again next year, wiping out the entire voter-approved cuts. Also look for an increase in sales taxes, which will hurt business, and an attempt to gut Proposition 2½..

As Barbara Anderson of Citizens for Limitation Taxation and Government said of legislators, "They've lost all control."

How true. They also have lost all ability to be honest with the public. Legislative leaders claimed they made difficult choices and that they raised taxes while cutting the budget.

That is a lie. The Massachusetts Taxpayers Foundation estimates that the budget increased $600 million this year. The tax increases will cost each resident of the state another $317 a year and that doesn't count the smokers who are being taxed into oblivion. No other state in the country raised income taxes more than Massachusetts did this year.

Legislators claim their hands are tied, that "crucial" state services cannot be cut. Medicare consumes nearly a quarter of the budget and entitlements gobble up another huge chunk. So what does that mean, that taxes will just rise until every wallet in the state is drained? Where is the sense of urgency on behalf of the people who actually work for a living and support this state? Is there no limit to how much they will be ordered to pay?

The Legislature is a disgrace. It has no ability to create a fair and reasonable budget. Its only answer to decreasing revenue is higher taxes. It wouldn't dare cut a single program on its own if it meant costing votes.

But taxpayers vote too and they are the biggest constituency in the state. People may have been hoodwinked this year into believing the was a budget "crisis," but when they get their tax bills next year, they will not be so complacent.

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The Boston Herald
Tuesday, July 30, 2002

Gov vetoes slash $355M
by Elisabeth J. Beardsley

Acting Gov. Jane M. Swift slashed a $355 million swath yesterday through education, local aid and public health programs - daring lawmakers to face fiscal "reality" and allow the cuts to stand.

Unhampered by re-election ambitions, Swift said her vetoes deal "honestly" with a $2.5 billion deficit - unlike the leaders of the late 1980s, who she said ignored spending excesses.

"I am determined not to leave a similar mess unaddressed for future legislators and a future governor," Swift said.

Swift's vetoes, issued 10 days after the Legislature put its budget to bed, pare the spending plan back to $22.95 billion - a slight increase over last year's level, despite the fiscal crisis.

Lawmakers had sent Swift a budget that overspent by $300 million - a hole papered over with "rainy day" savings funds - and openly pleaded with Swift to make the tough cuts they avoided despite passing a $1.14 billion tax hike package.

Chastising lawmakers for their "irresponsible" raid on the reserves, Swift warned that the budget would sink in red ink if the Legislature overrides vetoes en masse, as it has traditionally done.

"They know the reality and they know the math," Swift said. "The most important thing the Legislature will do in the next two or three days is what they don't do."

The biggest chunk of Swift's vetoes - a $75 million hit - fell on the state's $4.2 billion K-12 education account, one of the most massive and fastest growing programs in state government.

While calling the education cuts "very, very difficult," Swift noted she preserved $50 million to help kids who are struggling with MCAS, and supported a $45 million increase for Chapter 70, which sends unfettered education reform aid to communities.

But in protecting Chapter 70 and MCAS remediation, Swift squeezed virtually every other school program. The K-12 education cuts:

Eliminate a $27.9 million grant program to help schools set up full-day kindergarten classes, an initiative lawmakers have prized.

Wipe out a $28.5 million pool to reimburse regular public school districts for students they lose to charter schools. The special money has been a major appeasement for charter school foes.

Kill all $10 million lawmakers had set aside for health education; $3.2 million for after-school programs; $370,830 for programs for gifted and talented students; $489,483 for alternative school programs for disruptive students.

"It will probably be myriad choices - like pink slips, like layoffs, like larger class sizes," said Massachusetts Teachers Association President Cathy Boudreau. "Those are poor choices."

In the past, lawmakers have thoroughly repudiated and easily overridden Republican governors' cuts to popular school programs.

But money is tighter this year than it has been in a decade, and Speaker Thomas M. Finneran - who controls whether and which vetoes the Legislature will take up, either today or tomorrow - is already frowning on pleas for reinstated spending.

The conservative House speaker would not be pinned down yesterday on specifics, but he conceded Swift has a point about "restraint."

"To the extent that we engage in aggressive overrides, which has been the case when we were enjoying prosperous times, that will make next year's challenge even more difficult," Finneran said.

But markedly different signals were emanating yesterday from the Senate, where President Thomas F. Birmingham is running for governor and struggling to protect programs he promotes on the campaign trail.

Birmingham said he was pleased with the preservation of Chapter 70, amid a "nuclear winter" budget. But he expressed "regret" about other cuts, and said the Senate would override "in a nanosecond" Swift's veto of $30 million in university faculty contracts.

Senate leaders will continue to fight the Legislature's plan, which Swift supported, to save $70 million at Medicaid by kicking 50,000 people off their health care, Birmingham said.

"I would hope that we'll take up a significant number of the veto overrides," Birmingham said. "I don't know."

Swift spared certain agencies she's championed in the past, like the Department of Mental Health and the Department of Social Services.

But the acting governor mowed a path of destruction through public health programs like osteoporosis awareness, prostate and breast cancer prevention, and smoking cessation.

Swift levied a heavy hit on the state's nationally acclaimed anti-smoking efforts, slashing the account down to $10 million from last year's $48 million set-aside.

Smokers who want to quit - especially in the wake of a new 75-cent tax-hike - aren't going to have cessation programs available, said Cheryl Sbarra, director of tobacco control programs for the Massachusetts Association of Health Boards.

"We're going to see people die," Sbarra said.

Swift also vetoed a $6 million human service salary reserve aimed at giving small pay hikes to roughly 30,000 direct care workers who make less than $20,000 a year.

And Swift slashed nearly $20 million from MWRA and other water and sewer rate relief - a 30 percent decrease from last year. That's going to mean double-digit rate hikes averaging $240 per household per year, said Rep. Robert DeLeo (D-Winthrop), MWRA caucus chairman.

"I'm very concerned about the hue and cry from the people," DeLeo said. "Folks aren't going to be happy."

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The Boston Globe
Tuesday, July 30, 2002

Swift vetoes $355m in state spending
Education, health, local aid affected

By Benjamin Gedan
Globe Correspondent

Acting Governor Jane Swift announced $355 million in budget vetoes yesterday, reducing aid to cities and towns, education, and a number of public health programs.

Swift said the state's difficult fiscal condition forced her to make unpleasant but necessary reductions, and she said lawmakers should let her vetoes stand.

"My greatest priority is to leave a budget that is honestly balanced for the next Legislature," Swift said. "I believe this does go far enough."

The vetoes, especially a $75 million reduction in local education spending and a $31 million cut in general aid to cities and towns, set off waves of protest among local officials.

The municipal officials pledged to lobby legislators to override the reductions. But House leaders, who must initiate any veto overrides, have indicated there is little chance of a significant restoration of funds, and said they expect the majority of the vetoes to stand.

Legislative leaders delivered the budget July 19 to Swift, anticipating she would veto at least $300 million. The move touched off criticism that the lawmakers were forcing the lame duck governor to make the politically difficult spending choices.

Vetoes must be taken up by tomorrow's end of the legislative session. If the reductions stand, spending would rise over last year's budget by less than 1 percent to $23.1 billion.

Rather than undertaking an across-the-board cut, Swift appears to have targeted programs that she considers inessential in a time of revenue shortfalls and general austerity. The public health programs she cut - including $5.1 million from breast cancer prevention and $2.3 million from prostate cancer prevention - avoid reductions to treatment, instead targeting awareness and screening programs.

Speaking at a crowded news conference, Swift said the toughest vetoes to make were to public schools, including the elimination of a $28 million state initiative to help local districts pay for full-day kindergarten, and a $28 million program to reimburse cities and towns for students who attend charter schools.

The cuts could mean elimination of kindergarten in some districts, or teacher layoffs, said Fall River Mayor Ed Lambert, president of the Massachusetts Mayors' Association.

"We're very concerned about these vetoes and how deep they go," Lambert said. "The cuts will have potentially devastating consequences."

The reduction of $31 million general local aid includes a 6 percent, or $13.4 million, reduction for Boston and a $1.5 million, 6 percent cut for Cambridge.

Those state funds help cities and towns pay employee salaries, and provide police and fire protection.

Swift expressed hope that cities and towns might dip into their own reserves to make up for the lost assistance. But the municipal officials say the communities are tapped out, too.

Swift is vetoing $38 million from the higher education account, the bulk of which was to pay for 5 percent salary increases for employees of University of Massachusetts and state colleges. Swift had initially signed off on the pay raises last summer, but now says the state cannot afford them.

Public health advocates took issue with the acting governor's $35 million veto of antismoking funds, saying it will destroy some of the nation's best antismoking initiatives.

"As a result of the callous decision to gut the tobacco programs, literally thousands of children will start smoking who might not have," said Matthew L. Myers, president of the Campaign for Tobacco-Free Kids.

Other cuts included $6.6 million from state courts, a 1 percent reduction; and $6.8 million from public safety, including cuts to the drug education DARE program. She also eliminated $40 million in so-called "earmarks" - individual projects pushed by legislators for their districts - that are scattered throughout the budget.

Swift also cut $9 million in state spending for financially struggling hospitals, and $5 million in grants to community health centers.

Smaller state groups were likewise not spared the governor's pen. The Mass. Cultural Council, for example, saw its budget cut by 46 percent - a reduction director Mary Kelley says will virtually eliminate MCC grants to nonprofits across the Commonwealth.

"There's no way for us to absorb this kind of cut," Kelley said. "We were supporting about 520 cultural organizations, from the Museum of Science to small dance studios," she said. "It's going to mean a deep loss to the communities."

In making the cuts, Swift stressed her desire to leave office having crafted a balanced budget, one that does not rely too heavily on state savings. It is now up to the legislators, Swift said, to "face fiscal reality."

"They know the reality and they know the math," she said, insisting that only her budget "resolves the continuing crisis."

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The Boston Herald
Tuesday, July 30, 2002

A Boston Herald editorial
A year of choices and of courage

In a letter to legislators explaining the rationale behind and the importance of the $355 million in items vetoed in the state budget yesterday, acting Gov. Jane Swift made an important, if partisan, observation.

"In the past, budget vetoes and budget overrides have had an air of unreality," she wrote. "Each year spending went up. Since 1991, $1.2 billion in vetoes have been overridden, approximately the same amount as this year's tax increase."

It had all became something of a game - a game that would be silly if it weren't for the fact that the state's taxpayers will have to pay dearly for it this year. There's no one who won't be touched by this most massive of tax increases. And it has happened because there will always be those on Beacon Hill who when the good times are rolling can't find enough worthy programs for their largesse.

Well, yesterday the gravy train came off the tracks. And this governor was forced to make some painful choices - choices the taxpayers of this state can only hope legislators will quietly accept as their session winds to a close tomorrow.

Among the governor's vetoes were cuts to the trial court budget of some $6.6 million. That will cause some severe dislocations, but the figure is still not as draconian as previously indicated.

Higher education will take a $38 million hit and that negotiated retroactive 5 percent pay raise for faculty and administrators is out. But then how could some in good conscience even expect a pay raise when others are being furloughed?

Oh, and those earmarks - bits of pork for legislators' pet projects? Well, the governor in her veto message claims to have found - and vetoed - $40 million of them. If her aim is accurate, they will never be missed.

Education is, of course, always more problematic. But it is also where the real money is. Even with $75 million trimmed from the Legislature's budget, ``every district in the commonwealth will remain at or above" the foundation budget. Kindergarten expansion is a lovely idea, but at $28 million in new money, one that will have to wait. And the governor is absolutely right when she notes that the $28 million she vetoed in charter school reimbursements means the state has been paying twice for each charter school student.

There will be a huge temptation for legislators to kowtow to state workers and retirees on the issue of health insurance. The latter have long benefitted from what amounts to a yearly bonus for health care coverage that now costs taxpayers some $23 million a year. The governor is also seeking to have current employees pick up a greater share of their own premiums on a sliding scale that would have some pay 20 or 25 percent of the cost, instead of the current 15 percent. That would save another $16 million.

It's time for legislators to act with the kind of discipline and honesty the governor has shown. Taxpayers already know they are paying for past failures to budget wisely.

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The Boston Globe
Tuesday, July 30, 2002

Pharmacy chain balks on Medicaid
By Bruce Mohl
Globe Staff

Filling a prescription is about to get a lot tougher for the state's 900,000 Medicaid recipients, as a major pharmacy chain said yesterday that new provisions in the state budget would force it to abandon the state-administered program for the poor and disabled and other chains pondered action.

CVS Corp., which fills one-third of the state's nearly 12 million annual Medicaid prescriptions, said it will stop serving Medicaid patients shortly. The company, which operates 299 stores with pharmacies in the state, said its hand was forced by Acting Governor Jane Swift's decision yesterday not to veto budget language that would cut Medicaid reimbursement rates a total of $60 million and impose a fee on non-Medicaid prescriptions to raise an additional $72 million.

Walgreen's, which last week said it would withdraw from the Medicaid-prescription business if Swift let the budget plan stand, said yesterday it wanted to study the budget language more closely before taking any action. Other major pharmacy chains, including Brooks Pharmacy and Stop & Shop, said they were still weighing their options. Smaller pharmacies said they may be forced to shut down entirely or convert to convenience stores.

The budget Swift signed includes language calling for a public hearing on the reimbursement rate to decide whether it is sufficient to attract enough pharmacies to the Medicaid program, the health insurance program for the poor and disabled administered by the state and funded jointly by the state and federal governments. If the new rates are found to be inadequate, they could be revised upward.

The Legislature crafted the revenue-raising proposals to offset the escalating cost of Medicaid. One of the proposals would cut the state's reimbursement rate on Medicaid prescriptions from 10 percent above the so-called wholesale acquisition cost to 2 percent below, saving the state an estimated $60 million a year.

The other proposal would impose a user fee on all non-Medicaid prescriptions, generating $36 million, which would be matched by the federal government. Because health insurers mandate that pharmacy customers with health insurance cannot be charged more than their copayment, the new user fee would have to be absorbed by the pharmacies or passed on to cash-paying customers.

Carlos Ortiz, CVS Corp.'s vice president for government affairs, said the Woonsocket, R.I., pharmacy chain would stop serving Medicaid patients soon, but might resume if the rates are raised.

"We are going to try to expedite the hearing process to have [the hearing] as soon as possible," Ortiz said. Ortiz said CVS in the next few days would announce a timetable for ending Medicaid service.

Swift did not address the pharmacy issue at her State House press conference yesterday, where she unveiled $355 million in spending cuts in the Legislature's budget plan. She also agreed with the Legislature's plan to eliminate Medicaid coverage for to up to 50,000 chronically unemployed and homeless people.

Swift's spokeswoman, Sarah Magazine, said the governor was concerned about the budget's impact on access to prescriptions for Medicaid patients, but those concerns were outweighed by the state's need for cost savings and new revenue.

Magazine had no information on when the public hearing on the reimbursement rate would be held and declined to make administration officials available to discuss a timetable.

The budget doesn't say when the state must hold the hearing on the rate. The budget says the findings must be published no later than 120 days after the hearing and allows state Medicaid officials to come up with a new reimbursement rate "that is in the best interests of the program recipients."

Many pharmacy officials have called the user fee a new tax directed exclusively at them. Unlike the reimbursement rate, the pharmacies cannot challenge the user fee; it became law with Swift's signature.

Carmelo Cinqueonce, executive vice president of the Massachusetts Pharmacists Association, said Swift's failure to veto the measures was a terrible disappointment. He said independent pharmacies that derive 80 percent to 90 percent of their revenue from Medicaid prescriptions may not survive, even if reimbursement rates are increased later.

"These businesses may be gone and never recover," he said.

Mark A. Dumouchel, president of Eaton Apothecary, which operates 10 Eaton pharmacies and the Strand Pharmacy in Dorchester, said the new Medicaid measures would be devastating unless they are reversed quickly.

"If this is the way it's going to be, there is absolutely no way we can remain in business," he said.

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The Boston Globe
Tuesday, July 30, 2002

No will, no way
By Brian McGrory
Globe Columnist

[...]

City and state officials have had the issue in front of them for some 15 years, and here we are, with the first major tunnel scheduled to be open in just five months, and there is no plan for the land above it.

Actually, forget a plan. We don't even have a mechanism to create a plan, nor the money to fund it, nor the will to advocate it, nor the sense to publicly, properly air it. What we have is what we always seem to get here in the sorry state of Massachusetts governance - a sophomoric mess, unfolding against a loudly ticking clock, all in the pathetic privacy of a politician's back room.

A couple of weeks ago, Jane Swift, Tom Menino, and Tom Finneran stood around a podium at a downtown press conference announcing a tortured proposal, created in secret, to fund and operate the mile-long piece of land. One of them called it a "blueprint for 21st century Boston."

Right. That convoluted blueprint, calling for committees that answer to panels that talk to trustees, was promptly ripped apart by virtually anyone and everyone who's given the possibilities of this park more than two minutes of thought.

The bottom line: Everyone wants to oversee the new land; no one wants to pay for it. So what we have is the possibility of a camel with five legs.

Be clear how this is playing out. Today is July 30. The legislative session ends tomorrow, which means that if action doesn't occur by then, if a vote isn't taken on the blueprint, the matter will be postponed until January.

Knowledgeable people on Beacon Hill (though, at times, that seems an oxymoron) said yesterday that the Joint Transportation Committee will take a vote on it this afternoon. It will then be presented for votes in the House and Senate by tomorrow. But how much careful thought, how much constructive debate, can be dedicated to such a pivotal issue in less than 24 hours? The answer: barely any at all.

In other words, it's business as usual. We have a Legislature that routinely passes budgets seasons late. Every vote of any consequence seems to be taken in the dark of the night against the pressure of expiring time. We have public officials at every level who never step up and inject an ounce of common sense or a drop of passion into the most prominent issues of the day.

And the Central Artery land is no different. So now the public is left with a choice of rushing mediocrity or searching for something better without the luxury of time.

Thank you, elected officials. You've done it all over again.

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The Boston Globe
Monday, July 29, 2002

Bill targets corporate crime
By Jack Healy
Globe Correspondent

Seeking to crack down on corporate crime in Massachusetts, Senate President Thomas F. Birmingham, a Democratic candidate for governor, announced a bill yesterday that would increase jail time and civil fines for fraud, protect whistleblowers at private companies, and extend the statute of limitations for stock fraud from six years to 10....

Birmingham's Worker and Small Investor Protection Act, an amendment to another corporate fraud bill, would extend the maximum prison sentence for fraud from three to 10 years, and increase the maximum criminal fines from $5,000 to $100,000....

Talking to reporters before his speech, Birmingham also chided Acting Governor Jane Swift for vetoing $30 million of long-delayed raises for University of Massachusetts faculty and administrators. Vetoing the pay raises, which Swift promised to educators last year, may cost the state more in the long run by doing "invaluable harm to the morale of the university," Birmingham said.

"It's not just about money," he said. "It's about a sense of collegiality and fairness and keeping one's word."

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The Neponset Valley Daily News
Tuesday, July 30, 2002

Green bill to go before Swift
By Brian Falla

NORWOOD - Money earmarked for town athletic fields and open space in the state Environmental Bond Bill survived a Senate and House compromise and will likely go to the governor's desk for approval.

"It all survived the conference committee, which is very good news for Norwood," said Jeff Mahoney, chief of staff for Rep. John Rogers, D-Norwood.

Procedurally, the compromise must be approved by both the House and Senate before going to Swift's desk.

Earlier this year, the Senate passed a $955.5 million bond bill over five years, and the House passed a $423 million bill over two years. The two sides then got together in conference committee last week and agreed on a $707 million bill.

The bond bill is not part of the state's operating budget, but rather gives the Executive Office of Environmental Affairs and its departments the ability to borrow money to fund projects. The debt service on the bonds is figured into the state's annual budget.

As Chairman of House Ways and Means Committee, Rogers helped craft the House's version of the bond bill, but because of his budget duties, he was not part of the conference committee.

As a whole, the bond bill met with applause from environmental groups.

Christopher Hardy, legislative liaison for the Massachusetts Audubon Society, said he believes the bill is a positive step.

"This is the largest capital authorization for environmental programs in state history," said Hardy. "Obviously, we wanted more money over a longer period of years, but I think this is a solid bill we can all be proud of."

Hardy said the $707 million should fund many environmental accounts through the next three years.

"Some accounts will probably last more than that and some less - it's hard to say," said Hardy.

But Hardy did give a point of comparison. In 1996, the Legislature approved a $399 million bond bill that lasted until this year.

The bill authorizes bonds to pay for capital expenditures of the Executive Office of Environmental Affairs and its departments.

The money is then distributed to a wide array of departments and services. The money funds large capital expenses such as land purchases, environmental clean ups and other expenses that the state could not sustain on a pay-as-you-go basis.

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