By Bob Katzen
Beacon Hill Roll Call
May 21, 2008 04:20 am BOSTON — Here's how local House members were recorded on major roll-call votes during the recent budget debate. HOUSE 1. $28.2 BILLION FISCAL 2009 BUDGET (H 4700) — Voting strictly along party lines, the House approved 136-19 and sent to the Senate an estimated $28.2 billion fiscal 2009 state budget. The price tag grew by an estimated $200 million during five days of debate. Several controversial amendments were debated on the House floor, but most of the work was done behind the scenes. House Democrats successfully defeated several Republican efforts to reduce taxes including one to create a tax amnesty program and another to establish a sales tax holiday that would exempt consumers from the sales tax for two days in August. Democrats also easily defeated a Republican proposal to give another $200 million in local aid to cities and towns. Supporters said that the budget is a fiscally responsible and balanced one that increases local aid and education aid and funds important programs. They argued that members of both parties had an opportunity to have input into the process. Opponents said that the budget is fiscally irresponsible and unbalanced and questioned where the money would come from to fund it. They argued that the budget does not offer any tax relief, includes wasteful spending, too much money for "pork" projects in favored legislators' districts and insufficient local aid. A yes vote was in favor of the budget. Rep. Lori Ehrlich— Yes Rep. Mary Grant — Yes Rep. Bradford Hill — No Rep. Bradley Jones — No Rep. John Keenan — Yes Rep. Barbara L'Italien — Yes Rep. Theodore Speliotis — Yes Rep. Joyce Spiliotis — Yes
2. EXEMPT AVIATION REPAIRS FROM SALES TAX (H 4700) — Voting 67-88, the House rejected an amendment that would maintain the current law that exempts airplane maintenance and parts from the state's 5 percent sales tax. The House budget eliminates the current exemption. Amendment supporters said that abolishing the exemption would lead to small airline companies moving out of the state's dozens of small airports to New Hampshire and other border states that still have the exemption. They noted that the exemption is a major incentive for small airlines to locate or remain in Massachusetts and hire or continue to employ many workers. Amendment opponents said that the exemption is currently costing the state $9 million, which it cannot afford during this fiscal crisis. They argued that the exemption mostly benefits wealthy owners of small private planes and asked why this small group should be rewarded when automobile owners do not receive a similar exemption. A yes vote was in favor of continuing the exemption. Rep. Lori Ehrlich — No Rep. Mary Grant — Yes Rep. Bradford Hill — Yes Rep. Bradley Jones — Yes Rep. John Keenan — No Rep. Barbara L'Italien — No Rep. Theodore Speliotis — No Rep. Joyce Spiliotis — No
3. SALES TAX HOLIDAY IN AUGUST (H 4700) — Voting 20-134, mostly along party lines, the House rejected a Republican-sponsored amendment allowing consumers to buy most products that cost under $2,500 on Saturday, Aug. 9. and Sunday, Aug. 10, without paying the state's 5 percent sales tax. Amendment supporters said that the holiday would be a boon to retailers and consumers and noted that similar tax-free holidays over the past four years have saved shoppers millions of dollars and resulted in a substantial increase in retail sales for the two days. They argued that the state's sales tax revenue loss would be offset by increased revenue from the meals and gas tax generated by shoppers. Some amendment opponents said that the holiday helps the big-box stores more than small operations and generates little additional revenue for stores because consumers would buy the products even without the tax-free days. Others argued that establishing the holiday too far in advance would hurt sales over the next three months because consumers would delay big purchases until August. Some said that the Legislature should be looking at broader tax relief and not a tiny tax-free holiday, while others argued that the Legislature should not vote for tax cuts when the money could be better spent on worthwhile programs. A yes vote was in favor of the tax-free holiday. Rep. Lori Ehrlich — No Rep. Mary Grant — No Rep. Bradford Hill — Yes Rep. Bradley Jones — Yes Rep. John Keenan — No Rep. Barbara L'Italien — No Rep. Theodore Speliotis — No Rep. Joyce Spiliotis — No
4. REQUIRE SOME COLLEGES TO PAY NEW EXCISE TAXES (H 4700) — Voting 136-18, the House approved an amendment that would impose an excise tax on private universities that have an endowment fund in excess of $1 billion. The tax would be 2.5 percent of the institution's funds that exceed $1 billion. Current state law exempts nonprofit institutions, including universities and hospitals, from paying property taxes. The Democratic leadership, on a voice vote without a roll call, successfully added a section prohibiting the new tax from being implemented until the Department of Revenue produces a study on the economic impact of the new tax and issues a report. Opponents argued that these endowments are an important cushion for universities and said many schools already pay their host communities millions of dollars under the voluntary Payment in Lieu of Taxes (PILOT) program that encourages institutions to provide money to their host communities through a wide variety of ways ranging from outright cash payments to scholarships for local students. A yes vote was in favor of the amendment that both provides for and delays pending a study by the DOR, the new tax on college endowment income. Rep. Lori Ehrlich — Yes Rep. Mary Grant — Yes Rep. Bradford Hill — No Rep. Bradley Jones — No Rep. John Keenan — Yes Rep. Barbara L'Italien — Yes Rep. Theodore Speliotis — Yes Rep. Joyce Spiliotis — Yes
5. EXEMPT ALL GUN SAFES FROM THE STATE'S SALES TAX (H 4700) — Voting 59-94, the House rejected an amendment that would exempt all gun safes from the state's 5 percent sales tax. Current law exempts only commercial gun safes that are used by businesses. Amendment supporters said that expanding the exemption to home safes would provide an incentive for gun owners to properly store their guns and keep them out of the hands of children. They argued that the exemption would cost only $1 million which is a worthwhile investment that would likely save some children's lives. A yes vote was in favor of exempting gun safes from the state sales tax. Rep. Lori Ehrlich — No Rep. Mary Grant — No Rep. Bradford Hill — Yes Rep. Bradley Jones — Yes Rep. John Keenan — No Rep. Barbara L'Italien — No Rep. Theodore Speliotis — No Rep. Joyce Spiliotis — No
6. DO NOT REQUIRE PRESCRIPTION PLAN (H 4700) — Voting 29-128, the House rejected an amendment requiring the state to offer at least one health plan that does not include prescription coverage. The amendment was filed in response to a recent vote by the Connector Authority, the group that implements the state's health-care reform law, requiring that beginning in January 2009, a person have prescription coverage as part of his or her health insurance plan in order to satisfy the state's requirement that all residents have health insurance coverage or face a financial penalty. Amendment supporters said that requiring the prescription coverage is putting health insurance out of the reach of many of the people that it was intended to help. They argued that it makes it too expensive for many self-employed people and others and results in their choosing not to purchase any health insurance and instead pay the financial penalty for not having it. Amendment opponents said that prescription coverage is an integral part of health insurance and should be a requirement. They argued that even if a person does not need the coverage now, he or she might eventually need it in the future. A yes vote was in favor of the amendment requiring the state to offer at least one health plan that does not include prescription coverage. Rep. Lori Ehrlich — No Rep. Mary Grant — No Rep. Bradford Hill — Yes Rep. Bradley Jones — Yes Rep. John Keenan — No Rep. Barbara L'Italien — No Rep. Theodore Speliotis — Yes Rep. Joyce Spiliotis — No
7. BAN SMOKING AND POSSESSION OF TOBACCO FOR YOUTHS UNDER AGE 18 (H 4700) — Voting 24-131, the House rejected an amendment prohibiting a minor under 18 from possessing or smoking cigarettes or any other tobacco product. Current law prohibits minors from buying tobacco products, but does not prohibit them from possessing or smoking them. Current law also prohibits anyone, except parents, from giving tobacco products to their minor children. The would have repealed the parental exemption and prohibited anyone from giving tobacco to minors. The amendment also imposes 20 hours of community service and/or fines on minors who are caught with tobacco. Another provision allows police officers, school officials and local boards of health to confiscate any tobacco products possessed by minors. Amendment supporters said that it is ridiculous to prohibit minors from buying cigarettes but allow them to smoke them if they can obtain them illegally. They argued that it is time to get serious with the efforts to combat youth smoking. Some amendment opponents said that the ban goes too far and argued that there are better ways to combat youth smoking than criminalizing it. Others noted that the amendment is well-intentioned but objected to the provision that allows police officers and school officials to confiscate cigarettes from these minors. They argued that this may work well in rural and suburban communities, but big-city police officers have more important youth crime problems on their hands. A yes vote was in favor of the amendment prohibiting anyone under 18 from possessing or smoking cigarettes or any tobacco product. Rep. Lori Ehrlich — No Rep. Mary Grant — No Rep. Bradford Hill — Yes Rep. Bradley Jones — Yes Rep. John Keenan — No Rep. Barbara L'Italien — No Rep. Theodore Speliotis — DNV Rep. Joyce Spiliotis — No
8. STUDY IMPOSING PROPERTY TAX ON TELEPHONE POLES AND WIRES (H 4700) — Voting 131-25, the House approved an amendment creating a commission to study and report by June on the possibility and effect of allowing cities and towns to impose local property taxes on above-ground poles, wires and switching equipment owned by telecommunications companies. Under current law, their poles and wires are exempt from local property taxes while electric companies and wireless companies are required to pay property taxes on poles and wires. The amendment would replace a proposal that would simply allow cities and towns to impose the tax, without requiring a study. The tax exemption was established in 1915 to offer an incentive to the phone company to bring telephone service to rural areas. Sponsors of the amendment said that imposing the tax would generate an estimated $77 million annually in property taxes. Some amendment supporters said that they support taxing the telecommunications companies but are agreeing to the study as a compromise in order to build a consensus. Some opponents of the study said that they simply favor the tax and argued that a study would delay its implementation or kill it. Others said that they oppose the tax and hope that the study will delay and eventually kill it. The state Appellate Tax Board in March issued an order allowing the taxation of poles and wires of telecommunications companies. The order is being appealed, and the Department of Revenue has ruled that communities are allowed to collect the property tax but are prohibited from spending it until the appeal is decided. A yes vote was in favor of the amendment calling for a study on the taxation of telephone company equipment. Rep. Lori Ehrlich — Yes Rep. Mary Grant — Yes Rep. Bradford Hill — No Rep. Bradley Jones — Yes Rep. John Keenan — Yes Rep. Barbara L'Italien — Yes Rep. Theodore Speliotis — No Rep. Joyce Spiliotis — Yes
9. LOWER FIREARMS FEE (H 4700) — Voting 75-83, the House rejected an amendment that would reduce the firearms licensing fee from $100 to $40 and expand to six years the length of time for which the license is valid. Under current law, the license is valid for five or six years, depending on the birthday of the license-holder. The state receives $75 of the current $100 fee while the local community gets $25. With the new $40 fee, local communities would still receive the same $25 while the state's share would be reduced to $15. Amendment supporters said that the fee was raised in 1998 in order to fund a new and more efficient system of licensing. They argued that the system is now in place and it is time to reduce the fee. Amendment opponents said that the state cannot afford the revenue loss. A yes vote was in favor of reducing the fee to $40. Rep. Lori Ehrlich — No Rep. Mary Grant — No Rep. Bradford Hill — Yes Rep. Bradley Jones — Yes Rep. John Keenan — No Rep. Barbara L'Italien — Yes Rep. Theodore Speliotis — No Rep. Joyce Spiliotis — No
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