Archive for June, 2009

Spinning Budget Myths

Tuesday, June 30th, 2009

June 29, 2009
Senator Jeb Bradley (R) Dis 3

Supporters of the recently enacted State of New Hampshire budget were quick to claim that it was responsible and that they made tough decisions during difficult economic times. Talk about myth and spin – this budget fits the bill – literally!

Myth #1: State spending will decrease in the next two years. Sounds great doesn’t it? Unfortunately, this is flat out wrong. Here are the facts: According to the Legislative Budget Assistant–the non-partisan office that is charged with preparing budget figures–total authorized spending in the current budget, which will close June 30, is $10.408 billion. The budget that was just approved and will begin July 1 authorizes spending of $11.499 billion, an increase of $1.091 billion or 10.48% by every known method of mathematics! How can these budget supporters possibly justify this huge increase when people are struggling to pay their bills and now will struggle to pay the higher taxes and fees contained in the budget? This 10.48% increase also comes at a time when other states around the nation on average are actually reducing spending!

Myth #2: The new tax on campsites closes a loophole. If budget writers really thought this tax on camping was closing a loophole it is hard to imagine why they would have introduced it in the wee hours of the night without a public hearing. The fact is that it is a brand new 9% tax on camping. It is positively amazing how supporters of this budget claim to be the politicians that support the little guy. This budget not only taxes camping, it hikes taxes or fees on meals, tobacco, boat & car registration, salt water fishing licenses and most importantly, property taxes. Nothing can hide the fact that New Hampshire citizens of modest means will be digging deeper into their already empty wallets.

Myth #3: The tax on limited liability companies (LLCs) also closes a loophole. Again, if this was a loophole – why no public hearing? This tax will impact approximately 10,000 small business owners organized as LLCs who will now be subject to the 5% Interest and Dividends Tax. Without any rules yet promulgated, who knows if this will be a tax on interest or dividends—or a tax on the compensation a business owner pays him or herself. If this taxes a business owner’s compensation in the same way the Business Profits tax is applied — against so-called excessive compensation — then New Hampshire will be sending a terrible message to those very people we want to invest in the state and create jobs. Perhaps the supporters of this budget are spinning this as a business owner loophole because in reality they want an income tax!

Myth #4: If the budget were not enacted the cost to the State under a continuing resolution to keep government running would be $11 million per month. This takes the cake for spinning a myth. There is no reason whatsoever that spending for a short period could not have been authorized at 98% of existing levels to ensure deficits were not created. This is precisely what could have been done for the entire budget in order to avoid all the tax and fee hikes that will hurt working families and small businesses.

Myth #5: This budget is balanced. Whether the budget is actually balanced will not be known for some time. However, this budget relies on $75 million of magically inflated revenue estimates and a $110 million raid on a fund paid into by doctors to reduce medical liability costs. This raid is already the subject of litigation and the STATE JUST LOST THE FIRST ROUND IN COURT! Given these problems, it is hard to imagine the budget being balanced when it closes in two years.

Unfortunately, the really difficult choices were left for the next budget when the $500 million dollars of one-time revenue sources runs dry. The stage will be set in the next budget for the penultimate debate of whether this state adopts an income or sales tax or both. Even if the state were to allow expanded gaming, it will not be enough to fill this spending sink hole!

Tax Increases for 2009

Tuesday, June 30th, 2009

This information is courtesy of Rep. Bill O’Brien (R) Mont Vernon, co-chair of the NH House Republican Alliance, who compiled the file Tax Increases for 2009

The court will be posting all new and increased fees on its website tomorrow. Generally here is what to expect:

1. All court fees across the board will go up 20%. For example, the current superior court entry fee is $175.00 ($150 basic, plus $25 surcharge). That will go to $205. (20% increase on the basic fee; the surcharge is set by a separate statute)

2. There will now be a fee for counterclaims. In other words, if someone sues you and you have a claim against them that you want to make part of the case, you have to pay an entry fee to bring it in. The fee will be the same as if you brought the case.

3. The record research fee is going up from $10 a request for up to ten names or $25 for researches of more than ten names. The new fee will be $20 a request for up to five names and $5 a name thereafter.

GOP Boss Sununu: Democrats sold out

Friday, June 26th, 2009

June 26, 2009
Seacoast Online

Ex-governor blames state budget and gay marriage on Legislature serving special interests

PORTSMOUTH — John H. Sununu, former Republican governor and current chairman of the state GOP, said Thursday the state budget passed by the Legislature this week is a deliberate step by Democrats toward a state income tax.

And, he said, the time the Legislature spent on social issues — particularly the passage of a same-sex marriage law — is a kickback to “radical left groups” from out of state that funded Democrats’ campaigns in 2006 and 2008.

Read More…

Balanced Budget or House of Cards?

Monday, June 22nd, 2009

This is a legislative report from Senator Jeb Bradley (R-3)

After two marathon weeks of discussions between House and Senate members charged with negotiating a budget, early Friday morning a package emerged. Its fate is uncertain as the full House and Senate must pass it before it reaches Governor Lynch for signature. Counting votes before the June 24th Session will be almost as daunting as reaching this compromise — anything can and may well happen.

Let’s first focus on what is in this package and what is not, then on the impact it will have on people and businesses, and lastly how this budget will affect New Hampshire’s future.

Like any compromise, this budget is a mixed bag of good news and bad news. Several very controversial new taxes and tax hikes that had previously been approved by either the House or Senate, were dropped. These include the capital gains tax, death tax, gas tax, insurance premium tax, and a specific increase in business taxes by loss of a tax credit. All of these taxes would have directly undermined New Hampshire’s ability to attract businesses, investors, or visitors to our state. Also dropped from the final package were expanded gambling and a controversial plan to use toll revenue for highway improvements all over the state. Several taxes rumored for late consideration never made the final package including an entertainment tax and a tax on mortgage re-financing.

There are new taxes galore however. The tobacco tax will go up by 45 cents — the fourth hike in five years. Non-smokers may generally be callous to the impact this tax has, but smokers, especially low income people, justifiably believe they are carrying far more than their fair share of the tax burden. This increase will also undermine the cross border advantage New Hampshire has long enjoyed – attracting visitors to purchase tobacco products here and fill our revenue coffers. Convenience stores near the borders will be impacted, and meeting our revenue goals with this tax hike is questionable.

Any gambling winnings will be taxed at 10% including those garnered outside of New Hampshire. Will we be sending auditors to Foxwoods and Las Vegas — or charitable events in New Hampshire — to guarantee tax collection? Under those circumstances, is the $14 million of anticipated revenue farfetched?

The Rooms and Meals tax got increased 12.5%. I have written before that this huge increase will make our states less competitive for tours, vacations, conventions, and weddings. But budget writers slapped this tax for the first time on campgrounds – without a public hearing. Campground owners are outraged at this abuse of process. One owner felt so betrayed by the Legislature not having a public hearing, he told me the only people qualified to serve in the Statehouse are the janitors. Campers arriving this summer may be just as angry when they discover this new “marshmallow tax”. Again, revenue projections may suffer if campers take their marshmallows elsewhere.

Business owners were certainly dinged too. Business owners already are subject to an 8.5% tax on profits as well as a .75% tax on all payroll expenses. Now however, business owners organized as limited liability companies or as partnerships will be subject to an additional 5% tax on any income distributed to an owner. This significant change in the 1923 Interest and Dividends tax was also snuck in at the last minute – again with no public hearing. The estimate is that this change will raise $30 million of new taxes from business over the next two years. This dramatic increase in taxes on small business may prove to the biggest $30 million mistake that New Hampshire could make — as it threatens to undermine New Hampshire’s ability to build new jobs at exactly the wrong time.

The ‘rest of the story’ behind this last minute business tax increase is that it is just the latest step by the New Hampshire Department of Revenue Administration to strangle small business in New Hampshire. Desperate to raise revenue, DRA has recently taken it upon itself to essentially determine how much compensation a business owner may pay him or herself. Should the business owner pay him or herself additional compensation beyond what DRA has pre-determined is allowed, the DRA with bureaucratic hubris will simply assesses the 8.5% Business Profits Tax on this so called excess compensation.

If people are concerned about the Administration in Washington determining pay levels for executives – well it has been happening here in New Hampshire – right under our noses – with questionable legal authority for DRA to determine what is profit and what is income for a business owner.

This attack against successful small business owners, hidden from the light of day behind the audit curtain, is by itself a terrible threat to New Hampshire’s ability to build new jobs here. But now under this budget it gets worse. The business owner will pay a new 5% tax on income on top of the 8.5% tax on the balance of income that DRA has determined is excessive. The Legislature may say it wants to attract business to New Hampshire, but in fact, the Legislature is sending business a strong signal: move to Massachusetts. When tax policy in Massachusetts is more attractive than ours—that is dangerous! The pink slips will follow for NH workers.

It is not just taxes – fees are going up dramatically. Drivers will pay at least $30 to $75 more for registering a car. Boat registration fees double. Condominium registrations will nearly double. There is even a new salt water fishing license fee and a permit to carry a concealed weapon for out of staters skyrockets from $20 to $100 which means people will no longer register firearms in NH and we will likely lose money.

What about property taxes? This budget spreads the pain to them as well as property taxes will climb across New Hampshire by nearly $90 million as this budget downshifts traditional state responsibilities onto the backs of already struggling property owners.

With all these new taxes, higher fees, and soaring property taxes – what happened to spending levels? I have maintained throughout this budget process that spending needs to be reduced to avoid raising taxes on families, small business, and property owners struggling to stay afloat. While this budget did make some last minute cuts to programs and personnel – it was still not enough in my view. Overall spending will still increase 10.5%.

Governor Lynch warned that projected revenue is going to fall to 2004 levels and will be 10% lower than 2008 levels. Business tax revenues alone are currently some 27% below the projections for expected revenue.

But budget writers were still short and desperate for revenue. So despite the Governor’s warning, budget writers magically inflated revenue expectations by $75 million in order to sustain spending. Lastly, $90 million of traditional state expenditures to reimburse school districts for construction projects was moved from the operating budget to the capital budget – meaning this $90 million will be borrowed! Experts have warned that borrowing of this magnitude is unsustainable.

So what does all this mean? Economically strapped New Hampshire residents will have to dig deeper into wallets filled with fumes rather than cash. The business climate will suffer significantly at a time that nearly 50,000 New Hampshire people are out of work and that New Hampshire’s unemployment picture has also darkened relative to other states.

But what has gone under the radar is this budget’s impact on future budgets. Not enough people realize that about $500 million of spending in this budget depends directly upon one time sources of revenue: federal stimulus funding, increased federal Medicaid funding, and a $110 million raid of New Hampshire doctor’s medical liability funds. (Litigation filed against this raid as well as the $75 million magical revenue projections are likely to leave this budget with a gaping deficit.) Can New Hampshire realistically expect future federal largess as Congress stares straight into the white eyes of indefinite trillion dollar federal deficits.

This $500 million one-time spending crater is a ticking time bomb for the next budget. Will the re-financing tax, the entertainment tax, the gas tax, the capital gains tax, the death tax rise from the dead? Will existing taxes on business, hospitality, tobacco, interest and dividends, real estate sales, and communications continue on their relentless climb? Will the state dump more costs onto property taxpayers? Or will it be a sales tax or an income tax—how about both?

That is the bleak future for New Hampshire families, businesses, and property owners unless state spending, which will have grown by nearly 24% in three budget cycles, is not brought under control.

Joint Republican Statement on Governor Lynch’s Proposed New Tax Proposal

Tuesday, June 16th, 2009

Concord, NH – Today, House Minority Leader Sherm Packard (R- Londonderry) and Senate Minority Leader Peter Bragdon (R-Milford) released the following statement on Governor Lynch’s proposal to tax mortgage refinances.

“Taxing families and businesses looking to lower their monthly mortgage payments is a slap in the face to those trying to make it through these difficult economic times. Instead of taxing people who are trying to hold the line with their own expenses, Governor Lynch and the big spenders in the House and Senate should learn from these families and businesses by holding the line on government spending,” said Senate Minority Leader Peter Bragdon.

He continued, “While New Hampshire citizens and businesses are cutting back their expenses, the Concord big spenders are proposing a 7% increase in spending. This ‘Do as I say, not as I do’ attitude has got to stop.”

“Governor Lynch has proposed a new and devastating tax proposal for New Hampshire,” said House Republican Leader Sherm Packard (Londonderry). “At a time when most budgets around the country have seen a reduction in spending, this governor and his spending-into-oblivion party are looking under every rock and behind every door to raise money, and now they want to tax people who need the money most; our homeowners who have worked and saved hard. I once again call on Governor Lynch to examine specific reductions offered by Republicans in the proposed budget to get our financial house back in order.”

Background:

The current general fund budget for FY 08/09, as adjusted by actions of the governor and the legislature, is $3.107 billion. The proposed general fund budget for FY 10/11, including the Liquor Commission (which was in the 08/09 budget, but was moved off budget for 10/11) is $3.327 billion, a 7.1% increase.