Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1834 Compare Versions

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22 SENATE DOCKET, NO. 403 FILED ON: 1/13/2023
33 SENATE . . . . . . . . . . . . . . No. 1834
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Adam Gomez
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 :Adam GomezHampdenManny Cruz7th Essex1/25/2023Susannah M. Whipps2nd Franklin1/25/2023Jack Patrick Lewis7th Middlesex1/27/2023Vanna Howard17th Middlesex2/9/2023James B. EldridgeMiddlesex and Worcester2/21/2023 1 of 3
1616 SENATE DOCKET, NO. 403 FILED ON: 1/13/2023
1717 SENATE . . . . . . . . . . . . . . No. 1834
1818 By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1834) of Adam Gomez, Manny
1919 Cruz, Susannah M. Whipps, Jack Patrick Lewis and other members of the General Court for
2020 legislation to support educational opportunity for all. Revenue.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 836 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act to support educational opportunity for all.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 63 of the General Laws, as appearing in the 2020 Official Edition,
3232 2is hereby amended by inserting after section 38HH the following section:
3333 3 Section 38II. (a) Any private institution of higher learning that has an endowment fund
3434 4with aggregate funds in excess of $1,000,000,000 shall be subject to an annual excise of 2.5 per
3535 5cent of all monies in aggregate in said endowment fund. For the purposes of this section an
3636 6endowment fund shall be an institutional fund, which may consist of multiple funds, of a private
3737 7institution of higher learning not wholly expendable by the institution on a current basis under
3838 8the terms of the applicable gift instrument. All monies collected from this annual excise shall be
3939 9deposited in the Educational Opportunity for All Trust Fund as established by subsection (b) of
4040 10this section. 2 of 3
4141 11 (b) There is hereby established and set up on the books of the commonwealth a separate
4242 12fund to be known as the Educational Opportunity for All Trust Fund, hereinafter called the fund.
4343 13The fund shall be administered by the executive office of education, as directed by the
4444 14Educational Opportunity for All Trust Fund Board of Trustees established in subsection (c) of
4545 15this act, and in consultation with the department of higher education and the department of early
4646 16education and care. The fund shall be used exclusively for the purposes of subsidizing the cost of
4747 17higher education, early education and child care for lower-income and middle-class residents of
4848 18the commonwealth. No expenditure from the fund shall cause the fund to be in deficiency at the
4949 19close of a fiscal year. Any funds not expended by said Board of Trustees at the end of each fiscal
5050 20year shall remain in such fund and shall not revert to the General Fund.
5151 21 (c) The Educational Opportunity for All Trust Fund shall be managed by a board to be
5252 22known as the Educational Opportunity for All Trust Fund Board of Trustees, hereby established,
5353 23which shall have general supervision of the trust and shall direct all expenditures from the fund.
5454 24The full duties and obligations of the board shall be set forth in a declaration of trust to be
5555 25adopted by the board. The board of trustees shall consist of 7 trustees, including the
5656 26commissioner of the department of higher education or a designee, the commissioner of the
5757 27department of early education & care or a designee, and 5 additional trustees, 1 of whom shall
5858 28have demonstrated expertise in higher education appointed by the President of the Senate, 1 of
5959 29whom shall have demonstrated expertise in early education and child care appointed by the
6060 30Speaker of the House, 1 of whom shall have demonstrated expertise in representing the child
6161 31care workforce as a leader in a labor organization appointed by the President of the Senate, 1 of
6262 32whom shall be an employee of a Massachusetts community college as defined in section 10 of
6363 33Chapter 15A appointed by the Speaker of the House, and 1 of whom shall be an employee of a 3 of 3
6464 34private institution of higher learning subject to the annual excise tax established in subsection (a)
6565 35of this section appointed by the secretary of education. The appointed trustees shall serve for
6666 36terms of two years. Trustees shall be eligible for reappointment. The members of the board shall
6767 37elect 1 of the trustees to serve as the chair.