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2 | 2 | | SENATE DOCKET, NO. 403 FILED ON: 1/13/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1834 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Adam Gomez |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to support educational opportunity for all. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | 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 |
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16 | 16 | | SENATE DOCKET, NO. 403 FILED ON: 1/13/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1834 |
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18 | 18 | | By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1834) of Adam Gomez, Manny |
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19 | 19 | | Cruz, Susannah M. Whipps, Jack Patrick Lewis and other members of the General Court for |
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20 | 20 | | legislation to support educational opportunity for all. Revenue. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 836 OF 2021-2022.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act to support educational opportunity for all. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Chapter 63 of the General Laws, as appearing in the 2020 Official Edition, |
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32 | 32 | | 2is hereby amended by inserting after section 38HH the following section: |
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33 | 33 | | 3 Section 38II. (a) Any private institution of higher learning that has an endowment fund |
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34 | 34 | | 4with aggregate funds in excess of $1,000,000,000 shall be subject to an annual excise of 2.5 per |
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35 | 35 | | 5cent of all monies in aggregate in said endowment fund. For the purposes of this section an |
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36 | 36 | | 6endowment fund shall be an institutional fund, which may consist of multiple funds, of a private |
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37 | 37 | | 7institution of higher learning not wholly expendable by the institution on a current basis under |
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38 | 38 | | 8the terms of the applicable gift instrument. All monies collected from this annual excise shall be |
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39 | 39 | | 9deposited in the Educational Opportunity for All Trust Fund as established by subsection (b) of |
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40 | 40 | | 10this section. 2 of 3 |
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41 | 41 | | 11 (b) There is hereby established and set up on the books of the commonwealth a separate |
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42 | 42 | | 12fund to be known as the Educational Opportunity for All Trust Fund, hereinafter called the fund. |
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43 | 43 | | 13The fund shall be administered by the executive office of education, as directed by the |
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44 | 44 | | 14Educational Opportunity for All Trust Fund Board of Trustees established in subsection (c) of |
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45 | 45 | | 15this act, and in consultation with the department of higher education and the department of early |
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46 | 46 | | 16education and care. The fund shall be used exclusively for the purposes of subsidizing the cost of |
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47 | 47 | | 17higher education, early education and child care for lower-income and middle-class residents of |
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48 | 48 | | 18the commonwealth. No expenditure from the fund shall cause the fund to be in deficiency at the |
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49 | 49 | | 19close of a fiscal year. Any funds not expended by said Board of Trustees at the end of each fiscal |
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50 | 50 | | 20year shall remain in such fund and shall not revert to the General Fund. |
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51 | 51 | | 21 (c) The Educational Opportunity for All Trust Fund shall be managed by a board to be |
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52 | 52 | | 22known as the Educational Opportunity for All Trust Fund Board of Trustees, hereby established, |
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53 | 53 | | 23which shall have general supervision of the trust and shall direct all expenditures from the fund. |
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54 | 54 | | 24The full duties and obligations of the board shall be set forth in a declaration of trust to be |
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55 | 55 | | 25adopted by the board. The board of trustees shall consist of 7 trustees, including the |
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56 | 56 | | 26commissioner of the department of higher education or a designee, the commissioner of the |
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57 | 57 | | 27department of early education & care or a designee, and 5 additional trustees, 1 of whom shall |
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58 | 58 | | 28have demonstrated expertise in higher education appointed by the President of the Senate, 1 of |
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59 | 59 | | 29whom shall have demonstrated expertise in early education and child care appointed by the |
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60 | 60 | | 30Speaker of the House, 1 of whom shall have demonstrated expertise in representing the child |
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61 | 61 | | 31care workforce as a leader in a labor organization appointed by the President of the Senate, 1 of |
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62 | 62 | | 32whom shall be an employee of a Massachusetts community college as defined in section 10 of |
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63 | 63 | | 33Chapter 15A appointed by the Speaker of the House, and 1 of whom shall be an employee of a 3 of 3 |
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64 | 64 | | 34private institution of higher learning subject to the annual excise tax established in subsection (a) |
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65 | 65 | | 35of this section appointed by the secretary of education. The appointed trustees shall serve for |
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66 | 66 | | 36terms of two years. Trustees shall be eligible for reappointment. The members of the board shall |
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67 | 67 | | 37elect 1 of the trustees to serve as the chair. |
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