Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1756 Compare Versions

Only one version of the bill is available at this time.

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2	2	SENATE DOCKET, NO. 1418 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1756
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael J. Barrett
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the Massachusetts fund for vulnerable countries most affected by climate
13	13	change.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Michael J. BarrettThird MiddlesexLindsay N. Sabadosa1st Hampshire1/31/2023James B. EldridgeMiddlesex and Worcester3/6/2023 1 of 6
17	17	SENATE DOCKET, NO. 1418 FILED ON: 1/19/2023
18	18	SENATE . . . . . . . . . . . . . . No. 1756
19	19	By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1756) of Michael J. Barrett, Lindsay
20	20	N. Sabadosa and James B. Eldridge for legislation relative to the Massachusetts fund for
21	21	vulnerable countries most affected by climate change. Revenue.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1796 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to the Massachusetts fund for vulnerable countries most affected by climate
30	30	change.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after
34	34	2section 35LLL the following section:- Section 35MMM. There shall be established and set up on
35	35	3the books of the commonwealth a separate fund to be known as the Massachusetts Fund for
36	36	4Vulnerable Countries Most Affected by Climate Change, hereinafter the MFVC, to further the
37	37	5mission of the United Nations Least Developed Countries Fund, hereafter referred to as the UN
38	38	6LDCF, established by the United Nations Framework Convention on Climate Change to help
39	39	7under-developed nations adapt to climate change.
40	40	8 Said MFVC shall be a tax return-enabled contribution option for the purposes of chapter
41	41	962 and shall be authorized to receive and hold for transfer to the UN LCDF all monies (a) 2 of 6
42	42	10received by the commonwealth pursuant to section 6O of said chapter 62 and (b) received from
43	43	11public and private sources as gifts, grants and donations to the UN LDCF.
44	44	12 The state treasurer shall deposit monies in said MFVC in accord with state law and in
45	45	13such manner as will secure the highest interest rate available consistent with the safety of the
46	46	14fund; provided, that all amounts on deposit shall thereafter be available for transfer to (a) the UN
47	47	15LDCF upon request by a UN LDCF Trustee pursuant to a UN LDCF Contribution Agreement or
48	48	16(b) a not-for-profit organization that is tax-exempt under section 501(c)(3) of the Internal
49	49	17Revenue Code and whose work furthers the mission of the UN LDCF by providing it with
50	50	18financial support.
51	51	19 SECTION 2. Section 1 of chapter 62 of the General Laws is hereby amended by adding
52	52	20the following subsection:-
53	53	21 (s) “Tax return-enabled contribution option”, any account or fund appearing on a
54	54	22personal income tax return form prescribed and furnished by the commissioner, and to which a
55	55	23person filing a personal income tax return individually, or a couple filing a personal income tax
56	56	24return jointly, may voluntarily contribute all or part of a refund due from the commonwealth or
57	57	25an amount of money over and above any tax owed to the commonwealth.
58	58	26 SECTION 3. Said chapter 62 is hereby further amended by inserting after section 6N the
59	59	27following sections:-
60	60	28 Section 6O. A person filing a personal income tax return individually, or a couple filing a
61	61	29personal income tax return jointly, may voluntarily contribute all or part of a refund due from the
62	62	30commonwealth, or an amount of money over and above any tax owed to the commonwealth, to 3 of 6
63	63	31the Massachusetts Fund for Vulnerable Countries Most Affected by Climate Change, hereinafter
64	64	32the MFVC, established in section 35MMM of chapter 10.
65	65	33 A person filing a personal income tax return individually, or a couple filing a personal
66	66	34income tax return jointly, may make a voluntary contribution to the MFVC with respect to any
67	67	35tax year at the time of the filing of a return of a tax established by this chapter for such year. All
68	68	36personal income tax forms prescribed by and furnished by the commissioner shall include a clear
69	69	37indication of, and a convenient opportunity to exercise, the option to contribute to the MFVC;
70	70	38provided, that said forms and public materials and documents related thereto shall refer to the
71	71	39MFVC contribution option as the “Massachusetts Fund for Vulnerable Countries Most Affected
72	72	40by Climate Change”.
73	73	41 The commissioner shall annually report total monies contributed pursuant to this section
74	74	42to the state treasurer, who shall deposit said monies in the MFVC.
75	75	43 Section 6P (a) Notwithstanding any statute or administrative action to the contrary, no tax
76	76	44return-enabled contribution option shall appear on a personal income tax return form prescribed
77	77	45and furnished by the commissioner without express legislative authorization.
78	78	46 (b) Notwithstanding any statute or administrative action to the contrary, each tax return-
79	79	47enabled contribution option appearing on the personal income tax return form for the immediate
80	80	48past year and for 5 or more total years to which total dollar contributions have not, in any of the
81	81	495 most recent years, equaled or exceeded 80 per cent of the average of total dollar contributions
82	82	50made in the respective tax year to all tax return-enabled contribution options included on said
83	83	51form for said year, shall not appear on personal income tax return forms for a minimum of 5 tax
84	84	52years thereafter; provided, that each tax return-enabled contribution option appearing on the 4 of 6
85	85	53personal income tax return form for a total of 4 or fewer years shall, as a condition of continuing
86	86	54to appear on the form after the fifth year of so appearing, have received, in at least one of the
87	87	55initial 5 years, total dollar contributions equal to, or in excess of, 80 per cent of the average of
88	88	56total dollar contributions made in the respective tax year to all tax return-enabled contribution
89	89	57options included on said form for said year; provided, further, that in the event of the failure of a
90	90	58tax return-enabled contribution option to satisfy said condition, said contribution option shall not
91	91	59appear on personal income tax return forms for a minimum of 5 tax years thereafter; and,
92	92	60provided, further, that the commissioner may depart from the requirements of this paragraph
93	93	61only to the extent of ensuring that no fewer than 3 tax return-enabled contribution options,
94	94	62consisting of any combination of (1) new contribution options and (2) contribution options
95	95	63previously authorized and receiving the highest total dollar contributions for the 5 most recent
96	96	64years, shall appear on the personal income tax return forms of the commonwealth for each tax
97	97	65year.
98	98	66 (c) Notwithstanding any other provisions of this section, no more than 9, and no fewer
99	99	67than 3, tax return-enabled contribution options shall appear on personal income tax return forms
100	100	68of the commonwealth for any one tax year.
101	101	69 (d) The text of each tax return-enabled contribution option printed on a personal income
102	102	70tax return form shall indicate the principal entity or entities authorized to assume possession of,
103	103	71expend, or disburse monies in the account or fund associated with said contribution option.
104	104	72 (e) The administrator of each entity that assumes possession of, expends, or disburses
105	105	73monies maintained in an account or fund associated with a tax return-enabled contribution option
106	106	74shall compile an annual report on the account’s or fund’s expenditures and disbursements during 5 of 6
107	107	75the previous tax year. Said annual report shall include, except as is necessary to comply with
108	108	76privacy laws: (1) the identity of each individual, organization, agency or program in receipt of
109	109	77expenditures or disbursements of $2,000 or more from the fund together with the dollar amount
110	110	78received; and (2) a description of the process or criteria according to which said recipients were
111	111	79identified and selected. Said report shall be submitted to the commissioner, joint committee on
112	112	80revenue and house and senate committees on ways and means.
113	113	81 (f) The administrator of each entity that assumes possession of, expends or disburses
114	114	82monies maintained in an account or fund associated with a tax return-enabled contribution option
115	115	83shall provide, except as is necessary to comply with privacy laws, any information requested by
116	116	84the attorney general, state auditor, inspector general, senate or house committees on post audit
117	117	85and oversight, the commissioner or any department, agency or law enforcement body
118	118	86investigating suspected financial abuse. The superior court shall have jurisdiction over disputed
119	119	87requests for information.
120	120	88 (g) The state auditor, pursuant to section 12 of chapter 11, shall audit any accounts or
121	121	89funds associated with each tax return-enabled contribution option once every 5 years at a
122	122	90minimum and more often as the state auditor deems necessary. Following an audit, the auditor
123	123	91shall make recommendations to the commissioner, the senate and house committees on ways and
124	124	92means and the joint committee on revenue about changes in law or regulation that may improve
125	125	93the efficiency and effectiveness of tax return-enabled contribution options and any associated
126	126	94accounts or funds, decrease their costs or prevent waste, fraud or abuse. If the auditor finds
127	127	95substantial waste, fraud or abuse on the part of an administrator of any entity that assumes
128	128	96possession of, expends or disburses monies maintained in an account or fund associated with a
129	129	97tax return-enabled contribution option, the auditor may recommend to the commissioner, in a 6 of 6
130	130	98writing that shall include such findings, that said contribution option be removed from the tax
131	131	99form for a number of tax years or that said administrator be barred from future involvement with
132	132	100said contribution option. Upon receipt of such a recommendation, the commissioner may,
133	133	101notwithstanding any general or special law to the contrary, remove said tax return-enabled
134	134	102contribution option from the tax form for a number of tax years or bar said administrator from
135	135	103future involvement with the contribution option.
136	136	104 (h) The attorney general or the commissioner may independently investigate allegations
137	137	105of waste, fraud or abuse by an administrator of any entity authorized to assume possession of,
138	138	106expend or disburse monies contributed to an account or fund associated with a tax return-enabled
139	139	107contribution option, including allegations referred by the auditor. The attorney general may
140	140	108initiate an action in superior court to enjoin the deposit of monies by the state treasurer in any
141	141	109such account or fund or the expenditure of monies by said administrator. The attorney general or
142	142	110the commissioner may initiate an action in superior court to recover any monies alleged to have
143	143	111been lost because of said waste, fraud or abuse.