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| 2 | 2 | | SENATE DOCKET, NO. 252 FILED ON: 1/10/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 58 |
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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 | | Julian Cyr |
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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 promote conservation through oyster shell recycling. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Julian CyrCape and Islands 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 252 FILED ON: 1/10/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 58 |
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| 18 | 18 | | By Mr. Cyr, a petition (accompanied by bill, Senate, No. 58) of Julian Cyr for legislation to |
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| 19 | 19 | | promote conservation through oyster shell recycling. Agriculture. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 2533 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act to promote conservation through oyster shell recycling. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Section 6 of chapter 62 of the General Laws, as appearing in the 2022 |
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| 31 | 31 | | 2Official Edition, is hereby amended by inserting at the end thereof the following new |
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| 32 | 32 | | 3subsection:- |
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| 33 | 33 | | 4 “(dd) (1) A taxpayer who donates oyster shells to an oyster shell recycling organization |
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| 34 | 34 | | 5shall be eligible for a credit against the taxes imposed by this chapter. The amount of the credit is |
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| 35 | 35 | | 6equal to five dollars per full 5 gallon bucket of oyster shells donated. |
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| 36 | 36 | | 7 (2) The credit allowed under this subsection may not exceed the amount of tax imposed |
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| 37 | 37 | | 8by this chapter for the taxable year reduced by the sum of all credits allowable, except tax |
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| 38 | 38 | | 9payment made by or on behalf of the taxpayer. 2 of 3 |
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| 39 | 39 | | 10 (3) Any amount of the credit that exceeds the tax due for a taxable year may be carried |
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| 40 | 40 | | 11forward by the taxpayer to any of the 3 subsequent taxable years. |
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| 41 | 41 | | 12 (4) No deduction is allowed for the donation of oyster shells for which a credit is claimed |
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| 42 | 42 | | 13under this section. |
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| 43 | 43 | | 14 (5) To support the credit allowed by this section, the taxpayer shall have available for |
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| 44 | 44 | | 15inspection a certification by the recipient organization stating the number of 5 gallon buckets of |
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| 45 | 45 | | 16oyster shells donated by the taxpayer for the taxable year in which the credit is claimed.” |
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| 46 | 46 | | 17 SECTION 2. Chapter 63 of the General Laws is hereby amended by inserting after |
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| 47 | 47 | | 18section 38MM the following new section:- |
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| 48 | 48 | | 19 “Section 38NN. (a) A corporation subject to tax under this chapter that donates oyster |
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| 49 | 49 | | 20shells to an oyster shell recycling organization shall be eligible for a credit against its excise due |
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| 50 | 50 | | 21under this chapter. The amount of this credit is equal to five dollars per full 5 gallon bucket of |
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| 51 | 51 | | 22oyster shells donated. |
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| 52 | 52 | | 23 (b) Any amount of the credit that exceeds the tax due for a taxable year may be carried |
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| 53 | 53 | | 24forward by the corporation to any of the 3 subsequent taxable years. |
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| 54 | 54 | | 25 (c) No deduction is allowed for the donation of oyster shells for which a credit is claimed |
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| 55 | 55 | | 26under this section. |
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| 56 | 56 | | 27 (d) The credit allowed in this chapter for any taxable year shall not reduce the excise to |
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| 57 | 57 | | 28less than the amount due under subsection (b) of section 39, section 67 or any other applicable |
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| 58 | 58 | | 29section. 3 of 3 |
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| 59 | 59 | | 30 (e) To support the credit allowed by this section, the corporation shall have available for |
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| 60 | 60 | | 31inspection a certification by the recipient organization stating the number of five gallon buckets |
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| 61 | 61 | | 32of oyster shells donated by the taxpayer for the taxable year in which the credit is claimed.” |
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