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2 | 2 | | HOUSE DOCKET, NO. 979 FILED ON: 1/14/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3052 |
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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 | | Michelle L. Ciccolo |
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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 relative to public benefit corporations. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle L. Ciccolo15th Middlesex1/14/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 979 FILED ON: 1/14/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3052 |
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18 | 18 | | By Representative Ciccolo of Lexington, a petition (accompanied by bill, House, No. 3052) of |
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19 | 19 | | Michelle L. Ciccolo for legislation to provide preferential tax rates to certain public benefit |
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20 | 20 | | corporations. Revenue. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 4016 OF 2023-2024.] |
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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-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to public benefit corporations. |
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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 Chapter 63 of the General Laws is hereby amended by inserting after section 38NN the |
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32 | 32 | | 2following section:- |
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33 | 33 | | 3 Section 38OO. |
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34 | 34 | | 4 (a) For the purposes of this section the following word “Living wage” shall mean the |
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35 | 35 | | 5remuneration received for a standard workweek by a worker in the commonwealth sufficient to |
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36 | 36 | | 6afford a decent standard of living for the worker and their family as determined by the MIT |
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37 | 37 | | 7Living Wage Calculator. Elements of a decent standard of living include food, water, housing, |
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38 | 38 | | 8education, health care, transportation, clothing and other essential needs including provision for |
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39 | 39 | | 9unexpected events. 2 of 3 |
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40 | 40 | | 10 (b) A corporation that has elected to be a benefit corporation pursuant to chapter 156E |
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41 | 41 | | 11shall be allowed a preferential tax rate equal to the Commonwealth’s corporate tax rate, minus |
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42 | 42 | | 121.5% points for providing certain benefits to its employees if it meets the standards laid out in |
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43 | 43 | | 13section (c) and certified by the department of revenue pursuant to subsection (d). |
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44 | 44 | | 14 (c) To be eligible for the tax rate benefit under this section a benefit corporation shall: |
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45 | 45 | | 15 (1) offer at least 4 of the following 6 employee benefits: |
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46 | 46 | | 16 (i) a living wage; |
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47 | 47 | | 17 (ii) paid parental leave for 12 weeks following the birth or adoption of a child; |
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48 | 48 | | 18 (iii) flexible spending accounts; |
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49 | 49 | | 19 (iv) a chief executive officer-to-lowest paid employee compensation ratio of no greater |
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50 | 50 | | 20than 25:1; and |
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51 | 51 | | 21 (v) the election of the benefit corporation to be governed as an employee cooperative |
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52 | 52 | | 22pursuant to chapter 157A; |
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53 | 53 | | 23 (vi) profit sharing provisions that return at least 10% of the corporate profits to the |
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54 | 54 | | 24employees; |
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55 | 55 | | 25 (2) receive certification from the department of revenue pursuant to subsection (d); |
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56 | 56 | | 26 (3) offer at least 4 of the employee benefits listed in paragraph (1) for at least 12 |
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57 | 57 | | 27consecutive months prior to and in the taxable year in which the tax rate benefit is claimed. 3 of 3 |
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58 | 58 | | 28 (d) The commissioner shall promulgate regulations to establish a certification process for |
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59 | 59 | | 29benefit corporations that offer 4 of the employee benefits listed in paragraph (1) of subsection |
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60 | 60 | | 30(c). |
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61 | 61 | | 31 (f) The state secretary, in consultation with the commissioner, shall promulgate |
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62 | 62 | | 32regulations establishing an application process for determining eligibility for the preferential tax |
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63 | 63 | | 33rate. |
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