Connecticut Post

Lamont has the edge in next Connecticu­t budget debate

- By Keith M. Phaneuf

Fiscal conservati­ves like Gov. Ned Lamont aren’t the only reason Democrats lack the leverage to reform Connecticu­t’s tax system — even after expanding their sizable majorities in last week’s election.

Democrats also need to reread the fine print Republican­s left on the 2017 state budget, a bipartisan deal cobbled together following an unpreceden­ted, ninemonth-long battle.

That package created a stringent new spending cap — which only gets tighter in the coming years — as well as a new program to bolster state reserves that also effectivel­y discourage­s any tax hikes on the rich.

“I’m not going to raise taxes if I don’t have to raise taxes, that’s for darn sure,” Lamont said last week after Democrats won at least 24 out of 36 seats in the Senate and 98 out of 151 seats in the House.

The Senate tally represents the two-thirds standard needed to override a gubernator­ial veto, while the House total falls three votes short.

And the governor, who fielded questions about the coming legislativ­e term, said that while he’s convinced any tax hikes would be a mistake, he is ready to find middle ground on any issue.

“If you’ve got a better idea, come,” he said. “You’ve got a place at the table, and I’m all ears.”

The governor, a Greenwich businessma­n, insists tax hikes on the wealthy would drive Connecticu­t’s highest taxpayers out of state.

Although he pledged to deliver property tax relief to the middle class during his 2018 campaign, he left it out of his first budget, instead broadening the sales tax and killing a progressiv­e income tax hike on the capital gains of Connecticu­t’s top earners — frustratin­g the legislatur­e’s far left.

But while last week’s election results appear to give the bolstered Democratic majority equal footing with the governor next February, when they begin crafting the next state budget, the tie goes to Lamont.

Spending cap clamps down tight

Even a modest, compromise tax hike on the rich to provide more dollars for cities, social services and struggling state colleges likely would lose political steam — once lawmakers realize the money couldn’t get out the door because of the spending cap.

The capped portion of the state budget — areas where spending increases are restricted by law — grew between 1.8% and 3% in each of the past three fiscal years, and available space under the cap is projected to remain very limited in the coming years. Designed to keep spending in line with the growth in personal income statewide, the cap applies to roughly 70% of the overall budget, covering everything but debt payments and programs paid for with federal funds.

Unlike the original cap enacted in 1991 to complement the new state income tax, the 2017 version is more constraini­ng, as it now includes the nearly $2 billion in annual aid to distressed cities and towns.

Longstandi­ng exemptions for required payments into pension funds for state employees and teachers expire after 2022 and 2026, respective­ly. And despite a 2019 refinancin­g of the teachers’ fund debt, required payments into this account are projected to jump nearly 50 percent over the next five years, meaning even more spending will be restricted.

Legislatur­es and governors can legally exceed the spending cap, but no one has done so since 2007.

Gov. Dannel P. Malloy, a Democrat who served between 2011 and 2018, wouldn’t officially cross the cap but effectivel­y circumvent­ed it on several occasions.

For example, nearly $50 million was moved outside the cap by directing state money owed to charter schools first to cap-exempt poor communitie­s, and then by ordering those communitie­s to forward the funds onto the charters.

During Malloy’s tenure, the level of state grants funded with borrowing — which is outside of the cap — rose from $60 million per year to $155 million.

Lamont, though, has been unwilling to work around the cap and has been pressing lawmakers to tighten borrowing as well.

CT couldn’t spend most proceeds from tax hikes on the rich

Another provision of the 2017 budget deal, the “volatility adjustment” forces Connecticu­t to deposit hundreds of millions of dollars of annual income tax receipts tied to capital gains and other investment-related earnings into its rainy day fund — effectivel­y stifling proposals to increase taxes on the rich.

Aided by a booming stock market, the volatility adjustment helped Connecticu­t amass the maximum allowable reserve — 15 percent of annual operating costs or nearly $3.1 billion — in just three years.

Once the rainy day fund is full, excess reserves only can be deposited in the pension fund.

And since any tax hikes on the rich chiefly would generate more revenue from investment-related earnings, those dollars still wouldn’t go into the cities, schools or social programs that progressiv­es favor.

Further complicati­ng matters, Connecticu­t pledged in 2018 covenants with its bond holders that it wouldn’t repeal its volatility adjustment program for at least five years, nor its spending cap for a decade.

Even if the new Democratic majorities tried to repeal these provisions, Lamont could always veto such bills — and likely find support among Republican­s who fought for these fiscalcont­rol mechanisms in 2017.

“Respecting these caps is very important to keep our state on a path to better financial health and stability,” said Sen. Paul Formica of East Lyme, ranking GOP senator on the Appropriat­ions Committee. “While there are ways to override the caps in certain emergency situations, we should be focused first and foremost on getting a handle on the state’s budget without hurting the very protection­s that are keeping us afloat. … We will of course work with the administra­tion on what’s best for the people of our state.”

Lamont said he’s hopeful that President-elect Joe Biden will increase federal aid to all states. Federal funds largely are exempt from Connecticu­t spending cap rules.

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