Given the fact that January revenues registered $44 million below benchmark and now sit nearly $100 million below for the year, Speaker DeLeo's outright rejection of new taxes proposed by Governor Patrick have some on the "Hill" wondering how the House will reconcile their 2013 budget due out in April. That budget includes an increase in spending, which would be difficult in a climate of reduced revenues. In the Governor's version, he called for a tax on candy and soft drinks to offset the spending. This same proposal was rejected last year in both the House and Senate. Senate President Murray has not given any indication on how the Senate may react to the proposal. As for this year's shortfall, no one is pressing the panic button. Given the rise in the stock market some feel there will be a significant increase in capital gains which should plug the gap. Also with the Commonwealth unemployment below the national average there is hope for an increase in payroll taxes for the remaining half of this fiscal year. We will see who is right.

On the crime fighting side, the sentencing bill details continue to be worked on behind closed doors. The bill has been the focus of much media attention. Both supporters and objectors have taken to the airwaves to make their case. At the same time a bill which would allow those convicted to DNA evidence sits on the Governors desk. S1987 would allow access to evidence for testing, but does not guarantee a new trial.

Conferees negotiating an omnibus crime bill are hopeful to reach a compromise that could pass both branches. One of the casualties in the bill appears to be school zone distance, as they pertain to drug distribution. Currently 1000 feet, the discussion could see it shrink to as low as 100, but more likely within 250 feet of the school. Also look for a reduction in amounts necessary to trigger minimum mandatory sentences, as well as a decrease in some of the mandatory sentences. We have argued that and reductions must be met with the ability to use cumulative weights of drug purchases.

We have cautioned that the public cannot be placed in danger for the sake of prison overcrowding. We must be sure that violent offenders and three time losers are sentenced and incarcerated properly. Action on the bill should come soon.