Editorial Staff

Report: Proposed Graduated Income Tax Might Not Increase State Education and Transportation Spending

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

Legislature could devote new revenue to public education and transportation, but cut funding from existing sources by the same amount

BOSTON – While supporters of a Massachusetts constitutional amendment that would impose a 4 percent tax rate hike on annual income over $1 million claim additional revenue from the surtax will fund public education and transportation needs, the amendment in no way assures that there will be new spending on these priorities. In fact, without violating the amendment, total state education and transportation funding could stay the same or even fall, according to a new review published by Pioneer Institute.

Total state education and transportation funding is currently around $8.5 billion annually.  Under the proposed amendment, the Legislature could dedicate the nearly $2 billion in additional revenue supporters of the graduated income tax claim it would generate to education and transportation, but cut funding from other sources from $8.5 billion to $6.5 billion, leaving total state spending in those areas exactly where it had been before.

“As a practical matter, every dollar the graduated income tax generates could be siphoned off to some other purpose without violating the text of the proposed constitutional amendment,” said Kevin Martin, author of “The Graduated Income Tax Amendment – A Shell Game?”

The Massachusetts Constitution requires a flat income tax rate.  On five occasions in the last 60 years, voters were asked to amend the constitution to eliminate the ban on a graduated tax rate.  Each time they refused.

In the runup to the 2018 election cycle, proponents of a graduated income tax attempted to overcome the unpopularity of their cause by earmarking new revenue from a 4 percent rate hike on annual income over $1 million for public education and transportation spending.

The proposed constitutional amendment never made it to the voters. The Commonwealth’s Supreme Judicial Court (SJC) ruled in Anderson v. Healey that the proposed amendment violated a ban on citizen-initiated ballot questions that combine unrelated subjects, as the amendment proposed both a new graduated income tax and a directive that any additional revenues would go to two disparate spending areas.

The court’s assertion of a constitutional ban on combining unrelated subjects does not apply to constitutional amendments proposed by the Legislature. In 2019, Beacon Hill tax hike supporters responded to the court’s decision by voting to approve the graduated income tax in a constitutional convention vote. If passed at a second constitutional convention, the measure will be placed as a question on the 2022 statewide ballot.

Attorney General Maura Healey’s own brief in the 2018 case reads: “the Legislature could choose to reduce spending in specified budget categories from other sources and replace it with new surtax revenue.”

When the late SJC Chief Justice Ralph Gants asked the Attorney General’s counsel during oral argument whether she agreed that, if the graduated income tax passed, it “may or may not result in any increase in education or transportation spending,” counsel responded that the Chief Justice’s understanding was correct.

More recently, during legislative debates on the proposed ballot measure, an amendment was offered that would have required the new tax revenues to be spent incrementally on education and transportation, over and above what already is spent. That amendment was defeated.

“Massachusetts’ flat income tax rate of 5 percent has served the state well. The Bay State has outcompeted our regional rivals and drawn in jobs and investment from higher-tax jurisdictions like New York, Connecticut, and California,” said Pioneer Executive Director Jim Stergios. “The debate on the graduated tax is simply this: does the Legislature care more about attracting jobs and investment to the private sector, which represents 97 percent of Massachusetts workers, or will they bow to the wishes of powerful public sector unions who represent 3 percent of Massachusetts workers? The question is especially important now given how hard-hit private sector employment was by the pandemic.”

About the Author

Kevin Martin is a partner and co-chair of the Appellate Litigation Group at Goodwin Procter LLP in Boston, where he has practiced since 2001.  He was counsel for the plaintiffs in Anderson v. Healey, the 2018 decision in which the Supreme Judicial Court excluded the graduated income tax from that year’s ballot.  Prior to joining Goodwin, Kevin clerked for U.S. Supreme Court Justice Antonin Scalia (2000-2001), and Judge Laurence Silberman on the U.S. Court of Appeals for the District of Columbia Circuit (1999-2000).  From 2010-2011, he served as deputy independent counsel representing the SJC in an investigation into corruption in the Massachusetts Probation Department.  He currently is vice chair of the board of directors of the New England Legal Foundation.  Kevin graduated from Columbia Law School in 1999 and Georgetown University’s School of Foreign Service in 1996.

About Pioneer

Pioneer’s mission is to develop and communicate dynamic ideas that advance prosperity and a vibrant civic life in Massachusetts and beyond.

Pioneer’s vision of success is a state and nation where our people can prosper and our society thrive because we enjoy world-class options in education, healthcare, transportation and economic opportunity, and where our government is limited, accountable and transparent.

Pioneer values an America where our citizenry is well-educated and willing to test our beliefs based on facts and the free exchange of ideas, and committed to liberty, personal responsibility, and free enterprise.

Get Updates on Our Economic Opportunity Research

Related Content

Mariam Nusrat Takes Gaming to New Heights

This week on JobMakers, host Denzil Mohammed talks with Mariam Nusrat, immigrant from Pakistan and founder and CEO of both the venture-backed Gaming Revolution for International Development and the not-for-profit Gaming Revolution for Inspiring Development, both with the acronym GRID.

Book Reveals How Tax Hike Amendment Would Damage Commonwealth’s Economic Competitiveness

If adopted, a constitutional amendment to hike state taxes that will appear on the ballot in November could erase the hard-earned progress Massachusetts has achieved toward economic competitiveness over the last 25 years and may not result in any additional education and transportation funding, according to a new book from Pioneer Institute, entitled Back to Taxachusetts?: How the proposed tax amendment would upend one of the nation’s best economies, which is a distillation of two dozen academic studies.

Forsaking Massachusetts’s Miracle: Risking Our Future With Past Mistakes

This week on Hubwonk, host Joe Selvaggi talks with Greg Sullivan, Research Director at Pioneer Institute and author of Back to Taxachusetts?, about the link between Massachusetts’s decision to reduce tax rates and a generation-long economic renaissance - and the reasons why new taxes such as the proposed, so-called "Fair Share Amendment" risk taking us back to economic stagnation or decline.  

Massachusetts Tax Revenues Surpass Pre-Pandemic Levels

0 Comments
/
Pandemic recovery and then some! Massachusetts revenues are higher than anyone was expecting, but where is all the money coming from? And what does this mean for the Massachusetts economy?

Yuliya Tarasava Invests In Americans Who Need It Most

This week on JobMakers, host Denzil Mohammed talks with Yuliya Tarasava, immigrant from Belarus and cofounder and chief operating officer at CNote, a platform that helps facilitate investment in financially underserved communities across America.

Study Documents The Design Challenges, Contracting Issues, And Delays Facing New MBTA Fare Collection System

This new study unearths previously unseen communications between the MBTA and its contractors, showing that the MBTA’s efforts to modernize its fare collection system, including allowing payments with credit cards and bringing “tap and go” technology to Commuter Rail and ferry lines, was riddled with technological challenges and difficulties overseeing contractors as early as 2019, culminating in a 3-year delay to the project’s full implementation.

Jackie Krick Trains the Next Generation of Entrepreneurs

This week on JobMakers, host Denzil Mohammed talks with Jackie Krick, immigrant from Colombia and founder, president and CEO of ECU Communications in Manassas, Virginia. They discuss the entrepreneurial spirit of the newest Americans - immigrants - and why they are twice as likely to start a business and create jobs.

Progressive Policy Study: Californians Dreamin’ While Jobs and People Leavin’

Hubwonk host Joe Selvaggi talks with California Policy Center president Will Swaim about how the state’s ambitious policies have combined to stick its residents with the highest cost of living and a tax regime that discourages investment, innovation, and its vital entrepreneurial class.

Artur Sousa’s Social Entrepreneurship Pays Off

This week on JobMakers, host Denzil Mohammed talks with Artur Sousa, immigrant from Brazil and founder and CEO of Adopets, an online platform that simplifies the work done by shelters and improves the pet adoption experience. Adopets has over 40,000 registered users and maintains more than 300,000 adoption listings.

Karina Calderon on How Immigrant Entrepreneurs Help Cities Grow

This week on JobMakers, host Denzil Mohammed talks with Karina Calderon, deputy director of The Lawrence Partnership, about her work to help immigrant entrepreneurs drive economic growth in Lawrence, Massachusetts. The Lawrence Partnership is a collaboration of business and civic leaders started in 2015 that helps by incubating, training, assisting, loaning, basically doing everything they and their partners can to grow the city’s businesses.

Invisible Hand Revealed: Economic Lessons in Everyday Life

Hubwonk host Joe Selvaggi talks with Matthew Hennessey, Wall Street Journal editor and author of Visible Hand, A Wealth of Notions on the Miracle of the Market, about how the principles of economics manifest themselves in our every day lives and how we can use that insight to better understand our personal and civic choices.

Zoning Reform Revisited: Local Control Determines How, Not If, Housing Gets Built

Hubwonk host Joe Selvaggi talks with Pioneer research associate Andrew Mikula about the need for affordable housing near the mass transit network and the requirements and local design opportunities of the 3A zoning reform law. Read Pioneer Institute's recent public comment on this topic.