Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1766 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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SENATE DOCKET, NO. 2237       FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1766
The Commonwealth of Massachusetts
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PRESENTED BY:
Nick Collins
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act protecting the fair share amendment.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Nick CollinsFirst SuffolkWilliam Francis GalvinSecretary of Commonwealth1/27/2023 1 of 2
SENATE DOCKET, NO. 2237       FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1766
By Mr. Collins, a petition (accompanied by bill, Senate, No. 1766) of Nick Collins and William 
Francis Galvin for legislation to protect the fair share amendment. Revenue.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act protecting the fair share amendment.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 Section 1. Chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is 
2hereby amended by adding after Section 35SSS the following section:-
3 “Section 35TTT: Fair Share Fund
4 Section 35TTT. There shall be established and set up on the books of the commonwealth 
5a separate fund to be known as the Fair Share Fund, to provide the resources for quality public 
6education and affordable public colleges and universities, and for the repair and maintenance of 
7roads, bridges and public transportation in the commonwealth in accordance with Article CXXI 
8of the Constitution. Said fund shall consist of all revenues received by the commonwealth and 
9credits: (1) under the provisions of section two of chapter sixty-two; or (2) from public and 
10private sources as gifts, grants, and donations to further the goals enumerated in article CXXI of 
11the Constitution. 2 of 2
12 All revenues credited under this section shall remain in said Fair Share Fund: to be 
13expended, subject to appropriation by the legislature, for the purpose of advancing public 
14education, improving the affordability of public colleges and universities, and for the repair and 
15maintenance of roads, bridges, and public transportation. The state treasurer shall not deposit 
16said revenues in or transfer said revenues to the General Fund or any other fund other than the 
17Fair Share Fund
18 The state treasurer shall receive and deposit all revenues transmitted to him under the 
19provisions of this section in such manner that will ensure the highest rate of interest available 
20consistent with the safety of the fund, and in an account from which amounts may be withdrawn 
21at any time without penalty for such withdrawal, all interest accrued shall be deposited into the 
22fund.”
23 Section 2. Subsection (B) of subsection 3 of section 2 of Chapter 62 of the General Laws, 
24as appearing in the 2020 Official Edition, is hereby amended by adding at the end thereof the 
25following paragraph:
26 “Persons over the age of sixty-five years who sell a principal residence which they have 
27continually owned for more than thirty years and who meet the income eligibility requirements 
28for real estate tax abatements in their city or town shall be exempt from the application of the 
29surtax authorized by Article XLIV of the Massachusetts Constitution as most recently amended 
30(by Article CXXI of the Massachusetts Constitution) to an amount not to exceed $750,000.”