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

 

CLT UPDATE
Thursday, December 26, 2002

"A middle-finger salute" to Beacon Hill


Few Massachusetts residents are aware when they purchase things in "tax-free" New Hampshire that they owe the Bay State tax man 5 percent of the tab.

It's called a "use tax" and it's designed to ensure there is no way for Massachusetts residents to avoid the sales tax the state passed in 1967. The use tax requires that residents making out-of-state purchases pay the state the difference between any local sales tax and the Bay State's 5-percent rate. The border is no escape....

he Massachusetts sales tax already takes $3.7 billion a year out of the pockets  of citizens and places it in state coffers. That's more than enough. We don't need a law that lets the state chase down those who make a few purchases elsewhere.

An Eagle-Tribune editorial
Dec. 20, 2002
Ending the state's use tax


CVS said yesterday that it will charge customers $1.30 for most prescriptions to cover a new state fee expected to kick in Jan. 1....

One open question has been whether pharmacies will charge consumers who have private insurance, or if the druggists will bill the insurers. CVS officials said insurers told them they're unwilling to pay more for drugs than previously negotiated prices.

"As a result we will be charging customers $1.30 for every non-Medicare, non-Medicaid prescription filled and will forward the tax to the state," said Todd Andrews, a CVS spokesman.

The Boston Herald
Dec. 21, 2002
CVS to pass new fee onto drug customers


Massachusetts residents are being given the option of paying a higher income tax rate this year if they want to help out their cash-strapped state.

Tired of the clamor for more tax revenues, Republicans on Beacon Hill succeeded in inserting into the state budget this year a measure that would give those who want state programs to receive more money the option to provide the cash.

The Boston Globe
Dec. 22, 2002
Now, an option to pay more state taxes
By Bruce Mohl


To anyone who has been paying attention, the need for bold action was underscored by the Legislature's costly maneuvers this year to avoid structural reforms. The decision to levy $1.2 billion in tax hikes and virtually empty the $2 billion-plus "rainy-day" fund only delayed the day of reckoning....

The longer real reforms are avoided, the bigger the problem will become. To reach the $25.25 billion business-as-usual benchmark set by state agencies in their 2004 budget requests would require another huge tax hike, in the neighborhood of $2 billion. Similar hikes would be required the next year, and the next, and the next.

Annual budget growth during the late 1980s and 1990s -- routinely double or triple the growth rate of the economy as a whole -- helped set the stage for the state's current woes. More of the same would only make the situation worse.

A Telegram & Gazette editorial
Dec. 22, 2002
Romney's best shot


Members of the state Legislature are scheduled to return to work Jan. 1 with a holiday gift that virtually no one else in state government is getting: a pay raise. 

It's the result of a little-noticed state constitutional amendment, approved in 1998, that ties legislative pay to the average household income in Massachusetts. That provision handed lawmakers 7 percent raises last year, and some estimates suggest that the 200 members of the House and Senate could get pay hikes of at least that amount next week, to be set by the governor....

Barbara Anderson, executive director of Citizens for Limited Taxation and Government, said that voters were "tricked" into approving the constitutional amendment because they thought they were simply preventing lawmakers from increasing their own salaries. 

"It's outrageous," Anderson said. "It's a pay raise every two years, constitutionally guaranteed, unlike the rest of us, who could never imagine something like that."

The Boston Globe
Dec. 26, 2002
Legislative pay raise a political hot potato
Wisdom questioned during budget crisis


Of the narrowly defeated initiative petition to repeal the state income tax, which generates 40 percent of all state revenue, Birmingham said: "I was surprised and frightened by the vote." The radical measure failed by less than 10 percentage points.

"Partly, I think, the voters were giving Beacon Hill the referendum equivalent of the middle-finger salute," he said....

The Boston Globe
Dec. 26, 2002
With no regrets, Birmingham set to leave


Chip Ford's CLT Commentary

"A middle-finger salute" to Beacon Hill; that sounds like  something we'd say! Leave it to the outgoing senate president, a Rhodes scholar who finally gets it, to sum up the sentiment of voters so succinctly. Far and away, that goes down in the annals of history as The Quote of 2002.

It's satisfying to hear that a Beacon Hill leader was "surprised and frightened" to find the shoe on the other foot for a change -- after all, it's usually the Legislature giving voters "a middle-finger salute"!

"Fiscal crisis, what fiscal crisis?" When it comes to filling their own pockets at taxpayers' expense and at a cost to "the most vulnerable among us," there is no fiscal crisis. It's just more of the same old "Out'ta my way, me first!" rush to the trough. It's automatic legislative pay raise again, come hell, high water, or a $2 billion-plus revenue shortfall crisis.

Hey, there's got to be priorities when tightening the old belt, you know.

Boston Globe reporter Bruce Mohl reminded us on Saturday that this coming year is the first year of the Voluntary Tax. Though he didn't mention that it was CLT's brainchild, I e-mailed him and pointed out his oversight. He intends to correct it in his column later this week.

 


A CLT BLAST FROM THE PAST

CLT Update
Dec. 7, 2000
CLT files VOTE contribution bills:
House version claimed by Minority Leader


January 1st also marks the beginning of more expensive prescription drugs for everyone who pays (or co-pays) for their own medications. The state's way of dealing with the high cost of health care is ... grab a piece of the action, of course, and drive the high costs higher. This raid is courtesy of the same crowd that is salivating over its forthcoming automatic pay raise.

Even with their taxpayer-funded gold-plated health care plan, they'll have to pay that new prescription drug "user fee" too ... at least somebody has to pay it.

As you can see, CLT already has a full plate in the coming year. We're working on a news release that will lay out all the issues we're focused on as 2003 rolls in, and I'm sure that list will only grow longer as the year progresses.

Stay tuned!

Chip Ford


The Lawrence Eagle-Tribune
Friday, December 20, 2002

Editorial
Ending the state's use tax

OUR VIEW
Massachusetts' use tax serves no useful purpose

Few Massachusetts residents are aware when they purchase things in "tax-free" New Hampshire that they owe the Bay State tax man 5 percent of the tab.

It's called a "use tax" and it's designed to ensure there is no way for Massachusetts residents to avoid the sales tax the state passed in 1967. The use tax requires that residents making out-of-state purchases pay the state the difference between any local sales tax and the Bay State's 5-percent rate. The border is no escape.

It's fairly easy for the state to track large-scale purchases made out-of-state by businesses. But it's next to impossible to track individual shoppers.

Not that the state's revenuers haven't tried over the years. State police and Department of Revenue workers have in the past been sent to the parking lots of New Hampshire stores to look for shoppers driving cars with Massachusetts license plates.

It all smacks of Big Brother. Almost no one pays the use tax. And many do not even know it exists.

Among that number are several local state legislators, who, The Eagle-Tribune found last month, made purchases for their campaigns in New Hampshire yet paid no use tax. The amount involved was trivial -- 20 local politicians owed a total of $993.28 -- but served to illustrate that legislators sometimes ignore the laws they inflict on the rest of us.

Our report seems to have attracted some attention. State Sen. Steven A. Baddour, D-Methuen, has filed a bill to exempt Massachusetts residents from the use tax on purchases of under $500.

"It's a dumb law altogether," Baddour told our reporter. "People shouldn't have to be looking over their shoulder wondering if the (Department of Revenue) is coming after you."

It's a good first step but Baddour's bill doesn't go far enough. The use tax still applies to businesses -- they should get the same protection under the law as individuals. Nor should the tax apply after an arbitrary threshold like $500.

The Massachusetts sales tax already takes $3.7 billion a year out of the pockets of citizens and places it in state coffers. That's more than enough. We don't need a law that lets  the state chase down those who make a few purchases elsewhere.

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The Boston Herald
Saturday, December 21, 2002

CVS to pass new fee onto drug customers
by Jennifer Heldt Powell

CVS said yesterday that it will charge customers $1.30 for most prescriptions to cover a new state fee expected to kick in Jan. 1.

CVS Corp., the state's biggest drugstore operator, said the tax would not apply to Medicare or Medicaid prescriptions. The tax, which must be approved by the federal regulators, will be the focus of a public hearing on Dec. 30.

One open question has been whether pharmacies will charge consumers who have private insurance, or if the druggists will bill the insurers. CVS officials said insurers told them they're unwilling to pay more for drugs than previously negotiated prices.

"As a result we will be charging customers $1.30 for every non-Medicare, non-Medicaid prescription filled and will forward the tax to the state," said Todd Andrews, a CVS spokesman.

The chain has about 300 pharmacies and filled more than 30 million prescriptions last year. Of those, 26 million were not covered by Medicaid or Medicare.

Walgreens Co. officials were unwilling to say yesterday what they intend to do. Brooks officials didn't return a call for comment.

Independent pharmacists generally plan to collect the fee from consumers, said Todd Brown, executive director of the Massachusetts Independent Pharmacists Association.

But, he said, they are concerned because they haven't heard from the state about how they are supposed to administer the tax.

"We have a lot of questions," he said.

He said state officials haven't yet instructed pharmacists in his group on how to show that they are collecting appropriate fees.

The tax is intended to raise $36 million over six months. Next year, with twice the time to raise the same amount of money, the tax is expected to drop to 65 cents a prescription. The fee must get federal approval because state officials hope to use it to garner matching federal funding for Medicaid.

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The Boston Globe
Sunday, December 22, 2002

Now, an option to pay more state taxes
By Bruce Mohl

Massachusetts residents are being given the option of paying a higher income tax rate this year if they want to help out their cash-strapped state.

Tired of the clamor for more tax revenues, Republicans on Beacon Hill succeeded in inserting into the state budget this year a measure that would give those who want state programs to receive more money the option to provide the cash.

"This is an opportunity for them to put their money where their mouth is," said Representative Bradley H. Jones, a Republican from North Reading and a cosponsor of the measure.

The state's official income tax rate is 5.3 percent; the optional rate is 5.85 percent. Someone with taxable income of $35,000 would pay $192.50 more at the higher rate. (The higher payment, even though it's optional, would be deductible on federal taxes for those who itemize, according to the Internal Revenue Service.)

The idea of letting some taxpayers pay more originated with Mike Huckabee, the Republican governor of Arkansas, who in late 2001 fended off critics of his no-new-taxes stance by setting up a "Tax Me More Fund."

The Massachusetts version of the tax-me-more-fund doesn't have a catchy title. Indeed, the new state tax form being mailed out to nearly 900,000 taxpayers this week treats the optional tax rate with deadly seriousness and provides no explanation of why it's there, other than a vague reference to "recent legislation."

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The Worcester Telegram & Gazette
Sunday, December 22, 2002

Editorial
Romney's best shot

As Mitt Romney prepares to move into the governor's office, it is useful to recall why Massachusetts voters decided to give him the job.

Contrary to the mythology gathering around the late gubernatorial campaign, the outcome had little to do with his opponent's appearance, demeanor, gender, debating skill or even the infamous tattoo quip.

Mr. Romney won the support of Massachusetts voters -- Republicans, unenrolled and many Democrats -- because they realized the need for a bold challenge to the time-worn budgetary assumptions that have driven the state to the brink of bankruptcy.

To anyone who has been paying attention, the need for bold action was underscored by the Legislature's costly maneuvers this year to avoid structural reforms. The decision to levy $1.2 billion in tax hikes and virtually empty the $2 billion-plus "rainy-day" fund only delayed the day of reckoning.

Incredibly, many lawmakers -- but, thankfully, not Mr. Romney or House Speaker Thomas M. Finneran -- are hoping to avoid meaningful reforms by imposing another round of tax hikes in the coming budget. That approach becomes more dangerously absurd with each passing year.

The longer real reforms are avoided, the bigger the problem will become. To reach the $25.25 billion business-as-usual benchmark set by state agencies in their 2004 budget requests would require another huge tax hike, in the neighborhood of $2 billion. Similar hikes would be required the next year, and the next, and the next.

Annual budget growth during the late 1980s and 1990s -- routinely double or triple the growth rate of the economy as a whole -- helped set the stage for the state's current woes. More of the same would only make the situation worse.

Ending the cycle of unsustainable spending growth is what Massachusetts voters are counting on Mr. Romney to try to do. So far, the signs are promising.

His designated administration and finance secretary, Eric A. Kriss, already has served notice that the budget gap must be closed "not through gimmicks, but by fundamentally reshaping state government."

Mr. Romney's other appointments also make good on his pledge not to recycle political insiders into his administration but to cast a wide net, gathering the best team possible from the public and private sectors, without regard to party affiliation.

Even though Mr. Romney faces a years-long challenge, a gradual, incremental approach is not an option. He will have just one clear shot -- in the next couple of months -- at implementing the necessary reforms. By the time the next budget comes around, the entrenched interests wounded by the reforms willhave mobilized a formidable defense of the status quo.

For the moment, Mr. Romney has the advantage of being a bona fide outsider, relatively unencumbered by political debts. Unlike political careerists, he need not assess every move based on how it will affect his re-election prospects.

If doing the right thing seals Mr. Romney's fate as a one-term governor, so be it. Significant success in recasting state government in a form that is sustainable for the long haul would be a towering legacy indeed.

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The Boston Globe
Thursday, December 26, 2002

Legislative pay raise a political hot potato
Wisdom questioned during budget crisis

By Rick Klein
 Globe Staff

Members of the state Legislature are scheduled to return to work Jan. 1 with a holiday gift that virtually no one else in state government is getting: a pay raise. 

It's the result of a little-noticed state constitutional amendment, approved in 1998, that ties legislative pay to the average household income in Massachusetts. That provision handed lawmakers 7 percent raises last year, and some estimates suggest that the 200 members of the House and Senate could get pay hikes of at least that amount next week, to be set by the governor.

But Acting Governor Jane Swift, who leaves office the day after the raise is to take effect, is considering ignoring the issue altogether, which would leave the decision to Governor-elect Mitt Romney.

"We may just not want to touch this one," one high-level Swift administration official said this week.

A pay raise for state lawmakers, while approved by voters and mandated by the state Constitution, could be politically controversial this year, given the state's budget crisis. At least 5,800 state workers have lost their jobs over the past year-and-a-half, and more layoffs - not to mention deep service cuts - are likely in 2003. 

Many of those who have kept their jobs have seen their salaries frozen since 2001, and the state has even reneged on contracts signed with public-employee unions, including 13,200 employees of public colleges and universities.

Romney's aides could not be reached for comment yesterday, but any raise that he approves for lawmakers would probably be retroactive to Jan. 1.

Talk of the pay increase has already brought fresh rounds of criticism from groups that oppose the concept of automatic wage adjustments for state lawmakers.

Barbara Anderson, executive director of Citizens for Limited Taxation and Government, said that voters were "tricked" into approving the constitutional amendment because they thought they were simply preventing lawmakers from increasing their own salaries.

"It's outrageous," Anderson said. "It's a pay raise every two years, constitutionally guaranteed, unlike the rest of us, who could never imagine something like that."

Under the amendment, legislative salaries are adjusted by the governor every two years, in accordance with the rise or fall of the state's median household income over the previous two-year period. But because median household income rarely if ever decreases, legislative pay will probably increase in perpetuity, Anderson said.

Swift aides have been wrestling internally for months over how to proceed with the raise, and their frustration stems, in large part, from the fact that they can't determine how much of a raise lawmakers are due.

The most reliable data on median household income come from US Census Bureau surveys, but numbers for 2002 won't be released until the fall of 2003, said Stephen P. Crosby, Swift's chief of staff.

There has been talk of picking an extremely small number for 2002, to pull down the average raise. But some administration officials have been hesitant to release a number that is likely to be proven wrong.

"The law is really misdrawn, because it's a pay raise effective the first of the year, based on data that aren't available for eight or nine months," Crosby said. "There's no possible way that anybody can know what the median household income for '02 is. We're trying to figure out what to do."

The same problem arose in 2001, the first year that the amendment was in effect. Then-governor Paul Cellucci solved the conundrum by having his economic advisers make an educated guess of the median household income change, based on other economic indicators.

Those raises boosted the base salary for the state's full-time lawmakers to about $50,000 a year.

But that action was taken in a much different political and economic environment. For one, Cellucci was staying in office into the new year, meaning he couldn't just ignore the issue. Besides, the state's coffers were still brimming with cash, so the chance of public outrage was slim.

Another 7 percent pay increase next year would boost the average legislator's salary to about $53,500, though some committee chairmen and members of the leadership team receive tens of thousands more.

The total additional drain on the state treasury could approach $1 million - a small sum in the context of a $23 billion state budget, but precious cash in the current budget-cutting climate.

Anderson said that regardless of how the raise is handled by Swift and Romney, lawmakers could show compassion by giving back their pay increases next year, either to charities or to preserve state jobs and services.

"It would be good to see them do that," she said.

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The Boston Globe
Thursday, December 26, 2002

With no regrets, Birmingham set to leave
As term ends he sums up Weld, Cellucci, and Swift

By Brian C. Mooney
Globe Staff

In his dozen years on the public stage, Senate President Thomas F. Birmingham has observed a cautious decorum in his descriptions of fellow pols. But as he prepared to leave the State House, the Chelsea Democrat offered unvarnished critiques of some officials with whom he served. He also said his loss in the Democratic gubernatorial primary resulted, at least in part, from underestimating the baggage he carried as a Beacon Hill insider....

But as the election of Republican Mitt Romney may have demonstrated in November, Birmingham also misgauged the depth of antitax fervor in the electorate. Though he helped to push through dozens of tax cuts during his presidency, Birmingham helped steer a $1.2 billion tax package through the Legislature last spring, and, as a candidate, refused to rule out more increases if funding for schools and other programs was in jeopardy....

Of the narrowly defeated initiative petition to repeal the state income tax, which generates 40 percent of all state revenue, Birmingham said: "I was surprised and frightened by the vote." The radical measure failed by less than 10 percentage points.

"Partly, I think, the voters were giving Beacon Hill the referendum equivalent of the middle-finger salute," he said....

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