Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2824 Compare Versions

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22 HOUSE DOCKET, NO. 735 FILED ON: 1/17/2023
33 HOUSE . . . . . . . . . . . . . . . No. 2824
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Natalie M. Higgins and Christine P. Barber
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to support educational opportunity for all.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/17/2023Christine P. Barber34th Middlesex1/17/2023Mindy Domb3rd Hampshire1/23/2023Lindsay N. Sabadosa1st Hampshire1/24/2023Manny Cruz7th Essex1/24/2023Samantha MontaƱo15th Suffolk1/24/2023Susannah M. Whipps2nd Franklin1/24/2023Kenneth I. Gordon21st Middlesex1/24/2023Patricia A. Duffy5th Hampden1/24/2023Tram T. Nguyen18th Essex1/25/2023Brian W. Murray10th Worcester1/25/2023Jack Patrick Lewis7th Middlesex1/26/2023Margaret R. Scarsdale1st Middlesex1/26/2023James K. Hawkins2nd Bristol1/27/2023David Henry Argosky LeBoeuf17th Worcester1/31/2023Ryan M. Hamilton15th Essex1/31/2023Vanna Howard17th Middlesex2/3/2023Carol A. Doherty3rd Bristol2/3/2023 2 of 2
1616 Mary S. Keefe15th Worcester2/8/2023Tricia Farley-Bouvier2nd Berkshire2/8/2023James B. EldridgeMiddlesex and Worcester2/21/2023Erika Uyterhoeven27th Middlesex2/23/2023 1 of 3
1717 HOUSE DOCKET, NO. 735 FILED ON: 1/17/2023
1818 HOUSE . . . . . . . . . . . . . . . No. 2824
1919 By Representatives Higgins of Leominster and Barber of Somerville, a petition (accompanied by
2020 bill, House, No. 2824) of Natalie M. Higgins, Christine P. Barber and others relative to the
2121 imposition of an annual excise tax upon certain private institutions of higher learning. Revenue.
2222 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2323 SEE HOUSE, NO. 2931 OF 2021-2022.]
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Third General Court
2727 (2023-2024)
2828 _______________
2929 An Act to support educational opportunity for all.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 SECTION 1.Chapter 63 of the General Laws, as appearing in the 2012 Official Edition,
3333 2is hereby amended by inserting after section 38FF the following section:
3434 3 SECTION 38GG. (a) Any private institution of higher learning that has an endowment
3535 4fund with aggregate funds in excess of $1,000,000,000 shall be subject to an annual excise of 2.5
3636 5per cent of all monies in aggregate in said endowment fund. For the purposes of this section an
3737 6endowment fund shall be an institutional fund, which may consist of multiple funds, of a private
3838 7institution of higher learning not wholly expendable by the institution on a current basis under
3939 8the terms of the applicable gift instrument. All monies collected from this annual excise shall be
4040 9deposited in the Educational Opportunity for All Trust Fund established by subsection (b) of this
4141 10section. 2 of 3
4242 11 (b) There is hereby established and set up on the books of the commonwealth a separate
4343 12fund to be known as the Educational Opportunity for All Trust Fund, hereinafter called the fund.
4444 13The fund shall be administered by the executive office of education, as directed by the
4545 14Educational Opportunity for All Trust Fund Board of Trustees established in subsection (c), and
4646 15in consultation with the department of higher education and the department of early education
4747 16and care. The fund shall be used exclusively for the purposes of subsidizing the cost of higher
4848 17education, early education and child care for lower-income and middle-class residents of the
4949 18commonwealth. No expenditure from the fund shall cause the fund to be in deficiency at the
5050 19close of a fiscal year.
5151 20 (c) The Educational Opportunity Trust Fund shall be managed by a board to be known as
5252 21the Educational Opportunity for All Trust Fund Board of Trustees, hereby established, which
5353 22shall have general supervision of the trust and shall direct all expenditures from the fund. The
5454 23full duties and obligations of the board shall be set forth in a declaration of trust to be adopted by
5555 24the board. The board of trustees shall consist of 7 trustees, including the commissioner of the
5656 25department of higher education or a designee, the commissioner of the department of early
5757 26education & care or a designee, and 5 additional trustees, 1 of whom shall have demonstrated
5858 27expertise in higher education appointed by the President of the Senate, 1 of whom shall have
5959 28demonstrated expertise in early education and child care appointed by the Speaker of the House,
6060 291 of whom shall have demonstrated expertise in representing the child care workforce as a leader
6161 30in a labor organization appointed by the President of the Senate, 1 of whom shall be an employee
6262 31of a Massachusetts community college as defined in section 10 of Chapter 15A appointed by the
6363 32Speaker of the House, and 1 of whom shall be an employee of a private institution of higher
6464 33learning subject to 3 of 3
6565 34 the annual excise tax established in subsection (a) of this section appointed by the
6666 35secretary of education. The appointed trustees shall serve for terms of two years. Trustees shall
6767 36be eligible for reappointment. The members of the board shall elect 1 of the trustees to serve as
6868 37the chair.