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

 

CLT UPDATE
Monday, November 12, 2002

News, winks & nods, and hypocrisy


It's not that lawmakers recklessly spent all the overflowing revenues during the good times. But, rather than put all of that money away, they began to build some of it into the state operating budget, expanding government services such as health care and education.

When those revenues disappeared, the state was left scrambling to balance the budget and was forced to shrink services, and lawmakers chose to replace revenues with new taxes. But none of those efforts has been sufficient, and it is likely to take years for the state economy to grow enough to replace the money that's been lost, said Alan Clayton-Matthews, a professor of public policy at the University of Massachusetts at Boston.

"The whole state system got used to a budget that was increasing by 5.8 percent per year, and revenues that increased at 6 percent a year," Clayton-Matthews said. "That builds into the budgetary process a certain momentum. The needs of state government spending have certainly expanded. That makes this fiscal crisis very difficult to cope with. We won't be out of the woods for a while." ...

In some ways, it's not an appealing period for the new governor to take over. But it could provide the impetus for serious reform of government services. Already, the state has moved to reexamine Medicaid expansions, since the program accounts for one-fourth of the state budget and is increasing at 10 percent each year....

Still, if history is any guide, when things do turn around, years of belt-tightening could turn into years of excess all over again ...

"Politicians tend to think life is a trend, and it's a cycle," Brinner said, offering a slightly more optimistic forecast. "In the good times, they really don't have an appreciation of how much fluff there is. And in the bad times, they don't realize how fast things can turn around.

The Boston Globe
Nov. 4, 2002
State's new leader to face more tight times


Bailing out the state from its current "fiscal crisis" is built on the backs of taxpayers who were forced to bail out the mismanaged state from its last fiscal crisis, when the income tax rate was "temporarily" increased from 5 percent to 5.95 percent in 1989, then again hiked to 6.25 percent the following year.

When the 1989-90 fiscal crisis "emergency bonds" were finally paid off in the mid-90s, the income tax rate by all rights should have been returned to 5 percent. The Legislature refused to honor its promise to taxpayers when it hiked the rate, and instead kept spending the tax overpayments often at the rate of a billion additional dollars every year, doubling the state budget in a dozen years. This, of course, was not sustainable when the next cyclical economic slowdown arrived.

Now that it has inevitably arrived and revenues cannot sustain the increased budget nor meet naïve growth expectations, tax increases again are the Legislature's fallback position to keep the ball rolling. But this time the increase is built on top of an income tax base rate of 5.3 percent -- not 5 percent where it last was in 1989 before the "temporary" increase became the usual "solution" to address a fiscal/mismanagement crisis.

Had the rate been restored to 5 percent once the "emergency" bonds were paid off, first; spending would have been limited, thus this spending crisis would have been minimized, and second; any increase in the income tax rate today -- if even necessary -- would have started at the historic 5 percent, not the inflated 5.3 percent rate that should not still be in effect more than a decade after the last "fiscal" crisis taxpayer bailout....

Response to Rick Klein, Boston Globe
From Chip Ford
Re: State's new leader to face more tight times
Nov. 4, 2002


So the legislative leadership says Mitt Romney has to come up with $2 billion in budget cuts - or else. And we all know what "or else" means - new taxes....

Get in a firing mood, Mitt. Start by examining all state payrolls and identifying everyone with a diminutive in their title - assistant, associate, deputy, etc. Fire them all.

Take no advice from the Massachusetts Taxpayers Foundation. They are not your friends, or ours.

The Boston Herald
Nov. 10, 2002
Let's trim the fat in the Legislature to start budget cuts
by Howie Carr


After voters passed the Clean Elections Law in 1998, lawmakers doubled their per-diem and office stipends -- purportedly to balance an allegedly unfair advantage public funding would give to challengers. If lawmakers now scrap the Clean Elections Law, as expected, will they also give back the increases in their stipends?

We'll believe it if we see it. But we're not holding our breath.

A Telegram & Gazette editorial
Nov. 8, 2002
Voters' message


Loser: The state's public school teachers who went 0 for 2 by backing O'Brien and opposing the bilingual ed reform petition.

Winner: The state's firefighters who formally endorsed the effort to repeal the Clean Elections law. They'll likely want payback from Finneran & Co. in the form of a law granting members of their profession the same kind of easy-to-obtain educational incentives police officers receive under the Quinn Bill.

The Salem News 
Friday, November 8, 2002
[Excerpt from] Who won, who lost on Election Day
By Nelson Benton
For more information


Barbara Anderson, executive director of Citizens for Limited Taxation, said lawmakers who shopped in New Hampshire and raised taxes during the last legislative session should be charged a "hypocrisy surcharge" when they pay the tax.

"For the politicians who would vote to raise taxes and refuse to pay their fair share, this (investigation) is certain to put them in the Merrimack Valley Hall of Shame," she said. "When you see a legislator express so much concern about the state budget and not having enough money for programs, when they avoid paying their fair share you are the seeing the worst of the Massachusetts Legislature."

The Eagle-Tribune
Nov. 2, 2002
State investigates lawmakers' N.H. buys
[Part 2 of a two-part series]


Ten of the legislators said they were unaware they were obligated to pay any tax. That prompted the following gem from anti-tax crusader Barbara Anderson: "They don't know about the state sales and use tax? I see. Well, it's good to know they're incompetent as well as hypocritical."

An Eagle Tribune editorial
Nov. 2, 2002
Ignored laws serve no purpose


Chip Ford's CLT Commentary

In catching up on missed non-election news, today I begin by reviewing the Boston Globe's analysis to our state's current fiscal crisis from a report written by Rick Klein -- an important insight into how The Best Legislature Money Can Buy put us back into a fiscal crisis after the biggest spending binge in state history, during which the budget doubled.

It seems that few disagree that Beacon Hill spent us into another one, but what Klein overlooked is where the money came from that the pols spent - from our tax overpayments, the "temporary" income tax hike that never went away ... like all "temporary" tax hikes never do. As soon as I finished reading his report, I fired back my response. Rick Klein is pretty sharp, usually not one to overlook the obvious, so I was surprised.

Howie Carr has given sage advice to governor-elect Mitt Romney: "Take no advice from the Massachusetts Taxpayers Foundation. They are not your friends, or ours."

The so-called Massachusetts Taxpayers Foundation - a fraud if ever there was one - finally is being exposed, regularly.

*      *      *

It was MTF that instigated this current "fiscal crisis" -- actually a spending crisis that MTF enabled by opposing our rollback of the above "temporary" income tax increase that permitted additional spending of a billion dollars a year.

Years and years ago, we argued against MTF, warning that if the money kept rolling in, the pols would keep spending every penny of it; that the only way to prevent another "fiscal crisis" was to roll back the income tax, take the money out of their hands. Otherwise, they simply couldn't help themselves.

Even Finneran recognized this on some level, which was why he pushed to raise the ceiling over and over again on the "Rainy Day" stabilization fund that was supposed to roll over into the Tax Reduction Fund as a refund. He couldn't bring himself to give it back, but he knew what would happen if it sat there to spend.

So they stashed some of the surplus away ... most of it to be spent this year balancing a budget that nonetheless had swelled to $23 billion that was no longer affordable.

Spending really wasn't reined in because the big-spenders knew they had an over-two billion cushion stashed away in their "rainy day" slush fund that they could tap whenever they desired.

It bought them a mere year toward almost - but not quite - balancing the budget.

And still they needed to raise taxes by $1.24 billion to afford the ever-growing bloated budget.

The much-touted "rainy day fund" -- the largest in the nation they bragged over and over -- has been pretty much spent in one year, yet no structural changes have been made in state spending. Pork still reigns supreme, Massachusetts still has the most generous welfare program in the nation, Medicaid has been expanded like nowhere else outside of Sweden.

And a new cry of another $2 billion "fiscal crisis" (We're "shocked, simply shocked!") reverberates through the near-empty State House corridors.

Gee whiz, I wonder why?

*      *      *

So the Legislature is poised to kill Clean Elections, as if for all intent and purpose it hasn't already. As the Worcester Telegram & Gazette reminds us, once they do will they give back their ill-gotten gains of doubled "office expenses" and per diem perks?

After all, the rationalization they fed us was that they needed the increases to level the playing field if Clean Elections was going to be the law of the land!

Let's watch just how corrupt this cabal really can be when it comes to filling their pockets with hypocrisy and bounty at taxpayers' expense. I'll bet they'll exceed even to our righteous and hard-earned cynicism.

*      *      *

I mean, just look at those Merrimack Valley tax-and-spend pols, taxing us into oblivion, but filling their campaign shopping lists over the border in tax-free New Hampshire! Oh boy, and there goes that lame excuse again: "It's not my fault, I was clueless!"

One day soon we should start believing them, just for the fun of it.

But with exemplary tax-and-spend leaders in the legislative tax-evader caucus like state Sen. Dianne Wilkerson, who can blame them? This latest batch of small fry has a long way to go before they match her record for tax evasion. Even "Good Time Charlie" Flaherty, former House Speaker, has them beat.

Chip Ford


The Boston Globe
Monday, November 4, 2002

State's new leader to face more tight times
By Rick Klein
Globe Staff

The greatest dreams of the gubernatorial candidates are predicated on an economic recovery.

That rebound at times is treated as almost a foregone conclusion on the campaign trail, with candidates promising to roll back taxes and expand social programs when it arrives.

But interviews with a range of economists and fiscal specialists suggest that the next governor will serve a four-year term defined by budget limitations. Digging out from the current revenue plunge - the state's worst in more than 50 years - will take years of making do with less, and several years of sustained economic recovery could be needed just to get the state back to the fiscal health it enjoyed through the late 1990s.

"It will absolutely engulf and torment the next administration," said Michael J. Widmer, president of the non-partisan, business-backed Massachusetts Taxpayers Foundation.

Unlike the last budget crunch of the late 1980s and early 1990s, which was closely linked to a moribund economy and high unemployment, this fiscal downturn is worse than the surrounding economic conditions. What really threw the state into this rut was the dramatic decline in capital gains and income tax revenues in 2001, after the stock market slide.

It's not that lawmakers recklessly spent all the overflowing revenues during the good times. But, rather than put all of that money away, they began to build some of it into the state operating budget, expanding government services such as health care and education.

When those revenues disappeared, the state was left scrambling to balance the budget and was forced to shrink services, and lawmakers chose to replace revenues with new taxes. But none of those efforts has been sufficient, and it is likely to take years for the state economy to grow enough to replace the money that's been lost, said Alan Clayton-Matthews, a professor of public policy at the University of Massachusetts at Boston.

"The whole state system got used to a budget that was increasing by 5.8 percent per year, and revenues that increased at 6 percent a year," Clayton-Matthews said. "That builds into the budgetary process a certain momentum. The needs of state government spending have certainly expanded. That makes this fiscal crisis very difficult to cope with. We won't be out of the woods for a while."

It is precisely because the mid-to-late-1990s were so good that the current crisis seems so bad. Back then, Massachusetts politicians could do it all: dramatically expand spending on education and health care, cut taxes by $4 billion, even stash away $2.3 billion in the bank for a rainy day. Even with new tax cuts taking effect, state revenues grew 6.6 percent in fiscal 2001, which ended June 30 of that year. In the following 12 months, revenues dropped 14.6 percent - a swing that led to a quick gobbling up of most of the rainy day fund, four rounds of budget cuts, and a $1.2 billion tax hike.

"It's the largest collapse of revenues in state history, and at the same time, we've had to fight 10 years of high expectations," said Kevin J. Sullivan, Acting Governor Jane Swift's secretary for administration and finance. "This is something that is real. It's not an aberration."

The budget crunch, now 18 months old, has forced a sudden reordering of priorities on Beacon Hill. Talk that not long ago was of new programs and massive tax cuts has turned to service reductions and tax increases, with the state facing a budget gap of between $1 billion and $2 billion in the next fiscal year and a projected deficit of $100 million remaining in this year's $23 billion budget.

While the gubernatorial candidates have offered broad-brush plans to close the budget gap, none of them seem to grasp the enormity of the situation, Widmer said.

Indeed, it may be tempting for the next governor to brush aside the bad fiscal news - not just for political expediency, but because the economy seems to be offering reasons for optimism. To be sure, the Massachusetts economy has been hit hard, but this recession is not nearly as bad as the last one in the Bay State, economists say.

In the late 1980s, the state's economy was battered from several directions: the demand for minicomputers - a major product from the region - fell, defense spending plummeted, and the real estate market crashed. Unemployment edged up toward double digits; now, by contrast, the unemployment rate seems to have flattened out at around 5 percent.

"It's a whole lot better [economically] this time around, despite all the talk of the gloom and doom," said Wayne Ayers, chief economist for Fleet Boston Financial. "There's no resemblance to what we went through a dozen years ago, when New England led the recession, and it lasted 4½ years."

But the state's fiscal downturn - that is, the impact on state revenues - has turned out to be demonstrably worse than a decade ago. The worst year-to-year revenue swing of the last downturn was 9 percentage points, compared to the 21-point swing the state saw between fiscal 2001 and fiscal 2002.

"When you have a boom like that, the falloff or the correction can be pretty steep," he said.

State leaders had a flawed implicit assumption: that a big chunk of revenues from capital gains and stock options would continue to roll in in perpetuity, said Roger Brinner, chief economist with the Parthenon Group in Boston. "We were in a hyper-growth mode," Brinner said. "There's a tremendous amount of fluff in the stock market boom."

There is some good news. Legislators did not allow state spending in the 1990s to grow at the levels of the mid-1980s - 12.3 percent, 14.3 percent, and 12.0 percent in successive years - and the state wisely built up reserves to help with the downfall.

Moreover, political will coalesced quickly this time around the need to cope with the problems, prompting budget cuts and a major tax increase. That's in sharp contrast to 1988 and early 1989, when the state's political leaders repeatedly denied that any budget shortfalls even existed.

But the state's rainy day fund is just about tapped out now, with just $300 million remaining. And despite the size of the income tax increase passed this year, budget writers now say it is not sufficient to close the gap, prompting discussion of another round of new taxes next year. In any case, hundreds of millions of dollars in spending will have to be trimmed next year and the year after, Widmer said.

In some ways, it's not an appealing period for the new governor to take over. But it could provide the impetus for serious reform of government services. Already, the state has moved to reexamine Medicaid expansions, since the program accounts for one-fourth of the state budget and is increasing at 10 percent each year.

"We need to curtail the expense side of government, and it's going to be painful," Sullivan said. "But it's a great opportunity to change the culture on Beacon Hill."

Still, if history is any guide, when things do turn around, years of belt-tightening could turn into years of excess all over again, Brinner said. That could give the next governor unprecedented opportunity - something that will be sorely lacking in the short term.

"Politicians tend to think life is a trend, and it's a cycle," Brinner said, offering a slightly more optimistic forecast. "In the good times, they really don't have an appreciation of how much fluff there is. And in the bad times, they don't realize how fast things can turn around. In two to three years, the state's fiscal health is going to be very strong."

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To:  Rick Klein, Boston Globe
From:  Chip Ford. Dir. of Operations, CLT
Re:  "State's new leader to face more tight times," (Nov. 4)
Date:  Monday, November 4, 2002

Good report, Rick, but one further observation would have been welcomed and useful:

Bailing out the state from its current "fiscal crisis" is built on the backs of taxpayers who were forced to bail out the mismanaged state from its last fiscal crisis, when the income tax rate was "temporarily" increased from 5 percent to 5.75 percent in 1989, then again hiked to 6.25 percent the following year.

When the 1989-90 fiscal crisis "emergency bonds" were finally paid off in the mid-90s, the income tax rate by all rights should have been returned to 5 percent. The Legislature refused to honor its promise to taxpayers when it hiked the rate, and instead kept spending the tax overpayments often at the rate of a billion additional dollars every year, doubling the state budget in a dozen years. This, of course, was not sustainable when the next cyclical economic slowdown arrived.

Now that it has inevitably arrived and revenues cannot sustain the increased budget nor meet na‹ve growth expectations, tax increases again are the Legislature's fallback position to keep the ball rolling. But this time the increase is built on top of an income tax base rate of 5.3 percent -- not 5 percent where it last was in 1989 before the "temporary" increase became the usual "solution" to address a fiscal/mismanagement crisis.

Had the rate been restored to 5 percent once the "emergency" bonds were paid off, first; spending would have been limited, thus this spending crisis would have been minimized, and second; any increase in the income tax rate today -- if even necessary -- would have started at the historic 5 percent, not the inflated 5.3 percent rate that should not still be in effect more than a decade after the last "fiscal" crisis taxpayer bailout.

Beacon Hill legislators live from crisis to crisis but, among other things, haven't learned even to recover from the last before confronting the next. We're slipping backward, losing ground!

During the interim period between crises, they set us up for an even bigger one. They've successfully dug the hole they're burying us in deeper this time than last -- all simply because over the last 13 years they adamantly refused to keep their end of their contract with taxpayers.

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The Boston Herald
Sunday, November 10, 2002

Let's trim the fat in the Legislature to start budget cuts
by Howie Carr

So the legislative leadership says Mitt Romney has to come up with $2 billion in budget cuts - or else. And we all know what "or else" means - new taxes.

So let's start cutting, beginning with the tax-fattened hyenas in the Legislature. First we slash their pay. Whenever there's a budget "crisis," their first thought is to cut our pay. This time, why don't we all tighten our belts together?

After all, it's for the children, to coin a phrase. It's for the working families. It's an investment in the future.

The solons' base pay is close to $50,000. Let's cut it to $100 a year. It works for New Hampshire, and they have neither income nor sales taxes.

Next, we stop paying the solons for coming to work. Some of these bums draw a per diem of $110 a day, just for showing up. Excuse me, for claiming to show up.

Another long-overdue reform: no former elected official must ever be allowed to hold another state job. If this law had been on the books in 1996, it would have spared us the nightmare of Jane Swift. Say goodbye to Billy Bulger, Big Daddy Dave Constantine, Tom Norton, all hack judges, all hack court clerks, the sergeant-at-arms ...

Immediately eliminate all double-dipping pensions. If the taxpayers had approved of that pig-out, they'd have elected Kid Double-dip - Shannon O'Brien, the tattooed lady.

Send Jane Swift a bill for the helicopter.

Send Jane Swift a bill for the babysitters.

Fire Fat Matt Amorello - you have plenty of just cause after this latest $450,000 bridge fiasco - and tell him to take his $60,000-a-year ice-cream boy with him.

Next, take on the union boondoggles, which are traditionally sacred cows. But it's a funny thing about sacred cows this year - despite squandering millions of their members' dues, the pinky-ring bosses couldn't win a single statewide Democratic primary, let alone the general election.

The Pacheco law, the Quinn bill, police details - everything must go. Nothing personal, guys, we're doing it for the children.

The prevailing-wage law is another outrageous sop to thugs who can't elect a dogcatcher anymore. Give the contracts to the low bidders, period. Why do you think it takes five years to repave 100 feet of road around here? Because the trade unions' motto is "Don't kill the job."

No more free rides on the MBTA - for anybody.

Alcohol is no longer a reimbursable expense.

Get in a firing mood, Mitt. Start by examining all state payrolls and identifying everyone with a diminutive in their title - assistant, associate, deputy, etc. Fire them all.

Take no advice from the Massachusetts Taxpayers Foundation. They are not your friends, or ours. Don't worry about El Globo either. Their hit-Mitt campaign totally tanked, just like their rabid attempts last year to lynch Lynch. The bow-tied bumkissers have lost their clout - just ask Gov. O'Brien, Lt. Gov. Slattery, Treasurer Seigel and U.S. Rep. Jacques.

On Tuesday, 1,311,212 citizens voted for English immersion in the schools. But why stop there? Get rid of all public interpreters - in the courts, the emergency rooms, the welfare offices.

Freeze all judicial appointments. We already have too many judges and clerks. Where is it written in the state constitution that everyone who passes the bar exam is entitled to a part-time job that pays $112,000 a year with an 80 percent pension that vests in 10 years?

Sell the naming rights to the new Bunker Hill bridge. We should have already collected at least $75 million. (Bob Kraft got more than $100 million from Gillette for the Foxboro stadium rights.) But someone wanted to do a favor for Bernard Cardinal Law, and I'd like to know why.

Tax the Archdiocese of Boston, and Harvard and BU, too. It's easy to be for higher taxes when you're tax-exempt. Let's see how much they like tax hikes when they're paying through the nose like the rest of us.

These are just a few suggestions, Mitt. You're already the best governor of the 21st century, and you won't even be sworn in for another seven weeks. And if Tommy Taxes or Trav or any "advocate" objects to your cuts, you know what to tell them. You're doing it for the children, for the working families....

Howie Carr's radio show can be heard every weekday afternoon on WRKO-AM 680, WHYN-AM 560, WGAN-AM 560, WEIM-AM 1280, WXTK-FM 95.1 or online at howiecarr.org.

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The Worcester Telegram & Gazette
Friday, November 8, 2002

Editorial
Voters' message

Massachusetts voters generally absolved their local lawmakers of blame for the Beacon Hill mess, but incumbents who interpret that as approval of the direction state government has been taking do so at their peril.

That the electorate is fed up with business as usual was plain to see in the outcome of statewide referendum questions on the ballot.

The Libertarian Party's ballot question to end the state income tax fell short, but it was hardly a victory for lawmakers, public employee unions and other interests who opposed Question 1. Fully 45 percent of the electorate set aside misgivings about the negative impact on state and municipal budgets and voted "yes."

The broad support for such a radical proposal reflects the desperation -- and rising anger at a Legislature that has frozen the income tax rollback, imposed the largest tax increase in state history and, now, is hinting at additional tax hikes next year.

The message to tax-and-spenders: Don't even think about it.

Voter discontent with the Legislature also was evident in the overwhelming approval of Question 2.

The supported English immersion system specified on the ballot has flaws. A flexible "menu" approach, minus the option of retaining the "transitional bilingual education" method, might have prevailed.

However, voters were not convinced that the current law would produce real benefits for non-English-speaking pupils. Consequently, they opted for change, sending a message of no confidence in legislative claims for the bilingual "reform" they hastily enacted last June.

Voters seemed to side with the Legislature in voting "no" on Question 3, which asked whether they favored taxpayer funding of political campaigns. With public anxiety about the state budget crisis at a fever peak, that outcome was expected.

However, the pocketbook vote was in no way a vindication of four years of shameful maneuvers used by the Legislature to nullify the Clean Elections Law. After the Legislature fought, delayed and then refused to fund the law -- defying the Supreme Judicial Court and forcing the state to sell valuable real estate at fire-sale prices -- voters apparently gave up hope for positive change in a Legislature that will stop at nothing to hold onto the advantages of incumbency.

An unfair assessment? Here's the test:

After voters passed the Clean Elections Law in 1998, lawmakers doubled their per-diem and office stipends purportedly to balance an allegedly unfair advantage public funding would give to challengers. If lawmakers now scrap the Clean Elections Law, as expected, will they also give back the increases in their stipends?

We'll believe it if we see it. But we're not holding our breath.

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The Lawrence Eagle-Tribune
Saturday, November 2, 2002

State investigates lawmakers' N.H. buys
[Part 2 of a two-part series]

By O'Ryan Johnson
Staff Writer

BOSTON - The state Department of Revenue has launched an investigation into the spending habits of local politicians after The Eagle-Tribune reported that several lawmakers were behind in paying the state a sales tax for items they bought in New Hampshire.

Details of the investigation are confidential, but the department confirmed it will target the tax records of past and present lawmakers and candidates identified by the newspaper yesterday.

Tim Connolly, spokesman for the department, said politicians will know they are under investigation when a letter from the department comes in the mail.

"How they react to our letter prompts how we would go from there," he said.

The Sales and Use Tax law says state residents must pay a tax on items bought sale-tax-free in New Hampshire.

Department of Campaign and Political Finance records show that 19 of 37 incumbents and hopefuls who have run for office since 2000 spent $19,865 on campaign supplies in New Hampshire. That adds up to a $993 tax bill. Ten current lawmakers who admitted they did not pay said they were not aware the tax existed when they hopped across the border to make the buys. Connolly said the law is widely ignored and unenforceable on cash-and-carry purchases.

Barbara Anderson, executive director of Citizens for Limited Taxation, said lawmakers who shopped in New Hampshire and raised taxes during the last legislative session should be charged a "hypocrisy surcharge" when they pay the tax.

"For the politicians who would vote to raise taxes and refuse to pay their fair share, this (investigation) is certain to put them in the Merrimack Valley Hall of Shame," she said. "When you see a legislator express so much concern about the state budget and not having enough money for programs, when they avoid paying their fair share you are the seeing the worst of the Massachusetts Legislature."

But some area lawmakers are considering either changing the law, or scrapping it all together.

State Rep. Arthur J. Broadhurst said the state should only seek use taxes on purchases over $500, or kill the law. He said he's not worried about the investigation.

"Fine with me, if I owe a tax I'll pay it," the Methuen Democrat said yesterday "I think it's probably a law that's outdated and should be done away with."

State Sen. Steven A. Baddour, D-Methuen, the biggest spender in New Hampshire, according to the records, said last week he hates taxes and wants to change the law because it needlessly punishes his constituents.

"We shouldn't be penalizing people who live on the border who go across to make small purchases," he said. "We shouldn't be prosecuting families or working class people because they have to pick something up in a hurry. Maybe we should change that."

Anderson said since they pay the fourth-highest taxes in the country, Massachusetts residents should not worry about tallying up their use tax bill.

"I don't think people feel guilty or bad about not paying use taxes. In this state they pay their fair share," she said. "That's why DOR doesn't go after them, and really how could they?"

State Rep. Brian S. Dempsey, D-Haverhill, said he wants to talk with the Department of Revenue officials to see how they can enforce a law that nearly every local resident breaks.

"It doesn't make sense to keep a law on the book when clearly there's been no effort to enforce it," he said. "I think most residents are in violation of this law. I think we need to sit with DOR and see if it's worthwhile. It may not make sense at this point."

Local politicians who spent more than $1,000 in New Hampshire, according to the Department of Campaign and Political Finance records, are Baddour, state Rep. Barry R. Finegold, D-Andover, J. Alfonso Garcia, a Democrat who ran for the 16th Essex House seat, Kathleen R. Sachs, a Republican candidate fot the 18th Essex District, state Rep. Jose L. Santiago, D-Lawrence, state Rep. Paul E. Tirone, D-Amesbury, and former Haverhill mayor James A. Rurak, once a Democrat candidate for the 3rd Essex Senate seat.

[Part 1 of the series]

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The Lawrence Eagle Tribune
Saturday, November 2, 2002

Editorial
Ignored laws serve no purpose

OUR VIEW
It's time to end the use tax, which even local lawmakers ignore

You can see them every weekend, lined up in their cars to cross the New Hampshire border.

They are Massachusetts residents heading to Salem and Plaistow, N.H., for tax-free shopping. And it's likely every one of them is breaking the law.

The sales tax on goods sold in Massachusetts is 5 percent. And according to the law implemented in 1966, Bay State residents are supposed to tally purchases made outside of the state and each year write the Department of Revenue a check for the difference between the tax paid to the other states and our 5 percent rate. For products bought in "tax-free" New Hampshire, shoppers owe the state of Massachusetts the full 5 percent on every item purchased.

It's called a "use tax" and is perhaps the most widely ignored law on the books. Ignored even, as reporter O'Ryan Johnson found, by some of the very state representatives and senators who demand we pay ever higher taxes.

Johnson found that 19 of 37 local lawmakers and candidates purchased supplies for their campaigns in New Hampshire but failed to pay the use taxes owed. The amount involved is piddling -- $993 in taxes on $19,865 in purchases by all 19. But it's the principle involved that matters.

Ten of the legislators said they were unaware they were obligated to pay any tax. That prompted the following gem from anti-tax crusader Barbara Anderson: "They don't know about the state sales and use tax? I see. Well, it's good to know they're incompetent as well as hypocritical."

Some legislators bristled at the suggestion they are doing anything wrong. "You're getting a little Big Brother-ish with that," said state Rep. Paul E. Tirone, D-Amesbury. State Rep. Arthur J. Broadhurst was equally dismissive: "Get a life," he said. "... I shop up in New Hampshire every day, my friend, and I don't think I've ever paid a use tax."

Nor has, as Broadhurst noted, the majority of Massachusetts residents who buy things in New Hampshire. But how's this for "Big Brother-ish": Several Massachusetts administrations have sent tax agents or state troopers to New Hampshire to spy and record the license numbers of Massachusetts residents avoiding the tax.

It's a prime example of an economic truth: People, even politicians, seek any means to avoid taxation.

In penance for their law breaking, we suggest local representatives next session campaign for the repeal of the use tax, thereby making law-abiding citizens of us all.

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