Policy Connection
The 2008 Ballot Questions
State Personal Income Tax
This proposed law would eliminate the tax for all tax years beginning on or after January 1, 2010.
The personal income tax applies to income received or gain realized by individuals and married couples, by estate of deceased persons, by certain trustees and other fiduciaries, by persons who are partners in and receive income from partnerships, by corporate trusts, and by persons who receive income as shareholders of “S corporations” as defined under federal tax law. The proposed law would not affect the tax due on income or gain realized in a tax year beginning before January 1, 2009
The proposed law states that if any of its parts were declared invalid, the other parts would stay in effect.
What your vote will do:
A YES VOTE would eliminate the income tax beginning on January 1, 2010.
A NO VOTE would make no change in state income tax laws.
Possession of Marijuana
This proposed law would replace the criminal penalties for possession of one ounce or less of marijuana with a new system of civil penalties, to be enforced by issuing citations, and would exclude information regarding this civil offense from the state’s criminal record information system. Offenders age 18 and older would be subject to forfeiture of the marijuana plus a civil penalty of $100. Offenders under the age of 18 would be subject to the same forfeiture and, if they complete a drug awareness program within one year of the offense, the same $100 penalty.
Offenders under 18 and their parents or legal guardian would be notified of the offense and the option for the offender to complete a drug awareness program developed by the state Department of Youth Services. Such programs would include ten hours of community service and at least four hours of instruction or group discussion concerning the use and abuse of marijuana and other drugs and emphasizing early detection and prevention of substance abuse.
The proposed law would define possession of one ounce or less of marijuana as including possession of one ounce or less of tetrahydrocannibinol (“THC”) or having metabolized products of marijuana or THC in one’s body.
What your vote will do:
A YES VOTE would replace the criminal penalties for possession of one ounce or less of marijuana with a new system of civil penalties.
A NO VOTE would make no change in state criminal laws concerning possession of marijuana.
Dog Racing
This proposed law would prohibit any dog racing or racing meeting in Massachusetts where any form of betting or wagering on the speed or ability of dogs occurs.
The State Racing Commission would be prohibited from accepting or approving any application or request for racing dates for dog racing.
Any person violating the proposed law could be required to pay a civil penalty of not less than $20,000 to the Commission. The penalty would be used for the Commission’s administrative purposes, subject to appropriation by the state Legislature. All existing parts of the chapter of the state’s General Laws concerning dog and horse racing meetings would be interpreted as if they did not refer to dogs.
These changes would take effect January 1, 2010. The proposed law states that if any of its parts were declared invalid, the other parts would stay in effect.
What your vote will do:
A YES VOTE would prohibit dog races on which betting or wagering occurs, effective January 1, 2010.
A NO VOTE would make no change in the laws governing dog racing.
The summaries were written by the State Attorney General, and the statements describing the effect of a “yes” or “no” vote were written jointly by the State Attorney General and the Secretary of the Commonwealth.
