Editorial Staff

Pioneer Institute and the Tax Foundation File Amicus Brief in Graduated Income Tax Ballot Initiative Case

/in , , , /by Editorial Staff
Share on Facebook
Share on Twitter
Share on
LinkedIn
+

Brief argues that Proposition 80 violates the state constitution, would result in harmful fiscal policy

BOSTON – PioneerLegal, Pioneer Institute’s public-interest law initiative, together with the Tax Foundation, has filed an amicus brief with the Supreme Judicial Court in support of the Massachusetts High Technology Council and others, in the case Christopher Anderson et al. v. Maura Healey.

The plaintiffs assert that Proposition 80, a ballot initiative to install a graduated income tax for Massachusetts, violates the state constitution and should not be allowed to appear on the Commonwealth’s November ballot.

Proposition 80 calls for adding an additional 4 percent state tax on all annual taxable income above $1 million and earmarking the resulting revenue specifically for transportation and education.

The brief argues that Proposition 80 violates the state’s constitution, which forbids initiative petitions from bundling multiple, unrelated provisions and usurps the Legislature’s exclusive authority over the state treasury. It contends further that passage of the measure would result in poor and risky fiscal policy.

Proposition 80 combines three unrelated provisions: a tax increase, an appropriation for transportation, and an appropriation for education. Drafters of the state constitutional provision on initiative petitions sought to ensure that petitions express a single unified public policy statement that voters could accept or reject, and specifically sought to prevent the bundling of unpopular provisions like a tax increase with more popular ones such as increasing education and transportation funding.

The state constitution also forbids initiative petitions from including a “specific appropriation,” defined as seizing all revenue from a designated source and appropriating it for a specified use – in this case, transportation and education.  The provision is designed to ensure that special interests don’t usurp legislative control of the state treasury.

In 2014, a computer and software services tax was enacted to help balance the state budget. When it was shown to negatively impact the Commonwealth’s economy, the Legislature quickly repealed it.

In 2000, state voters approved a ballot initiative to reduce the state income tax to 5 percent by 2003.  When the economy cratered soon after its passage, the Legislature stepped in and froze the rate at 5.3 percent.

Since Proposition 80 would amend the state constitution, such swift action would be impossible.   The process of amending the constitution again to change or repeal Proposition 80 would take a minimum of three years.  This form of budgeting by ballot initiative is a textbook example of depriving the government of the flexibility required to efficiently address changed circumstances and unexpected crises.

“There’s a reason why setting fiscal policy by constitutional amendment is almost universally condemned,” said Pioneer Executive Director Jim Stergios.

The brief also cites research by Pioneer and other entities showing that states like Connecticut and New Jersey that enacted similar policies actually saw adverse economic consequences within just a few years.

“This tax increase would catapult Massachusetts from the middle of the pack to among states with the highest capital gains rate in the nation.  It would also significantly increase the taxes paid by many small pass-through businesses and encourage ‘tax flight’ by individual taxpayers,” said John Sivolella, Senior Fellow in Law and Policy at Pioneer, who leads PioneerLegal. “The overall effect would be to inhibit financial growth in the Commonwealth, and adversely affect state revenues.”

About Pioneer

Pioneer Institute is an independent, non-partisan, privately funded research organization that seeks to improve the quality of life in Massachusetts through civic discourse and intellectually rigorous, data-driven public policy solutions based on free market principles, individual liberty and responsibility, and the ideal of effective, limited and accountable government.

Get Updates on Our Economic Opportunity Research

Related Research

Are Massachusetts taxes regressive? Massachusetts State with Money Background

Study Finds Deep Flaws in Advocates’ Claims that the Massachusetts Tax Code is Regressive

Proponents of a state constitutional amendment to add a 4 percent surtax on all households with annual income above $1 million frequently cite 2015 data from the Institute on Taxation and Economic Policy, which argues that the Massachusetts tax code is regressive, but a new study published by Pioneer Institute debunks many of the underlying assumptions used in ITEP’s 2015 report.

Josh Feast Answers the Call with AI

This week on JobMakers, Guest Host Jo Napolitano talks with Josh Feast, the CEO and Co-Founder of Cogito, a Boston-based software company that deploys Artificial Intelligence (AI) to help employers in a wide variety of industries improve their customer service call centers. They discuss the many applications of Artificial Intelligence, how it helps provide emotional intelligence to augment management practices at large organizations, and how to address some of the concerns about privacy and bias that have been raised around its use.

Mahmud Jafri Builds on a Pakistani Legacy in America

This week on JobMakers, Host Denzil Mohammed talks with Mahmud Jafri, who built on a legacy started by his grandfather and began importing hand-knitted rugs from his native Pakistan, creating opportunities especially for women who traditionally couldn’t work outside the home. Today, he has three Dover Rug & Home stores across Massachusetts, including the Back Bay.

Pipelines Are Infrastructure: Colonial Incident Reveals Dark Side of Cyber Vulnerability

This week on Hubwonk, Host Joe Selvaggi talks with cyber security expert Dr. Brandon Valeriano about the Colonial Pipeline shutdown and our national exposure to cyberattack on vital infrastructure.

Larry O’Toole on Workplace Culture & Immigration Policy

On this week's episode of JobMakers, host Denzil Mohammed talks to Larry O’Toole, founder of the multi-state Gentle Giant Moving Company that started in 1980 right here in the Boston area. They discuss Mr. O'Toole's journey at a young age from Ireland to Brookline, Mass., the challenges of being uprooted, and the ability to thrive despite barriers such as skills gaps, that many immigrants face.

Fair Share Amendment: Weighing Costs & Benefits for Massachusetts’ Economy & Workers

Hubwonk host Joe Selvaggi talks with Pioneer Institute’s Executive Director Jim Stergios about HB86, the so-called Fair Share Amendment, to tax Massachusetts household income above $1 million. They discuss its promises, its costs, and the effects of similar legislation in other states.

Amar Sawhney on Sikhs, STEM & COVID

On this week's episode of JobMakers, host Denzil Mohammed talks to Dr. Amar Sawhney about his journey from India to Boston, and how he is using his chemical engineering background to save lives through remarkable local therapy innovations. To date, he has founded eight companies accounting for 4,000 jobs and more than $2 billion in revenue.

Study Says Interstate Tax Competition, Relocation Subsidies Exacerbate Telecommuting Trends

A spate of new incentive and subsidy programs seeking to lure talented workers and innovative businesses away from their home states could constitute an additional challenge to Massachusetts’ economic and fiscal recovery from COVID-19, according to a new study published by Pioneer Institute.

Max Faingezicht on the Skills Gap & the Future of Work

This week on JobMakers, host Denzil Mohammed talks with Max Faingezicht, an immigrant who founded ThriveHive, a marketing software company for small businesses, and Telescoped, which uses remote software engineering to connect Latin American engineers with U.S. companies in need of their skills. The entrepreneurial ecosystem of Boston and Cambridge have allowed Max to achieve dreams he didn’t even know he had when he arrived. In this episode, he shares his fascinating immigration story, as well as his ideas on where workers go next.

7 Reasons to Reject the Graduated Tax and Instead Focus on Growing Jobs

Pioneer Institute's Statement before the Joint Committee on Revenue In Opposition to: HB 86 (Pages 1-4), a legislative amendment to the Constitution to provide resources for education and transportation through an additional tax on incomes in excess of one million dollars.

Study Warns Massachusetts Tax Proposal Would Deter Investment, Stifling the “Innovation Economy”

A state constitutional amendment promoted by the Massachusetts Teachers Association and the Service Employees International Union adding a 4 percent surtax to all annual income above $1 million could devastate innovative startups dependent on Boston’s financial services industry for funding, ultimately hampering the region’s recovery from the COVID-19 economic recession, according to a new study published by Pioneer Institute.

Hilda Torres Makes the Grade

This week on JobMakers, host Denzil Mohammed talks with Hilda Torres, an immigrant from Mexico who runs My Little Best Friends Early Learning Center in Malden, Massachusetts. One of the most successful businesses in the city, the center enrolls over 100 students whose parents come from more than 25 different countries. In this episode, Hilda shares how she used the tools of education, and her own grit and determination, to make her mark in the land of opportunity.