SENATE DOCKET, NO. 567        FILED ON: 1/17/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1928

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael F. Rush

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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 creating the Preservation of Historic Buildings Trust Fund.

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PETITION OF:

SENATE DOCKET, NO. 567        FILED ON: 1/17/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1928

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1976 OF 2021-2022.]

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 creating the Preservation of Historic Buildings Trust Fund.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 10 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 35DDD, the following new section:-

Section 35EEE. Historic Public Buildings Preservation Trust Fund

There shall be established and set upon the books of the commonwealth a separate fund to be known as the Historic Public Buildings Trust Fund, for a separate, non-lapsing revolving fund known as the State Historic Buildings Trust Fund, hereinafter called the fund. The fund shall be administered by the Massachusetts Historical Commission established pursuant to section 26 of chapter 9 of the general laws. Said fund shall consist of all revenues received by the commonwealth and credits: (1) under the provisions of section six L of chapter sixty-two; (2) from public and private sources such as gifts, grants, and donations to further historic public building preservation programs; or (3) from the federal government as reimbursements, grants-in-aid or other receipts on account of historic preservation activities. 

All revenues credited under this section shall remain in said Historic Public Buildings Preservation Trust Fund and shall be available to be used for repair, renovation, historic preservation and improvements to state historic buildings including, but not limited to the Massachusetts State House on Beacon Street in the city of Boston, the Old State House on State Street in the city of Boston, and such other publicly owned historic structures and property as may be determined by the commission. 

The state treasurer shall receive and deposit all revenues transmitted to him under the provisions of this section in such manner that will ensure the highest rate of interest available consistent with the safety of the fund, and in an account from which amounts may be withdrawn at any time without penalty for such withdrawal, all interest shall be deposited into the fund. 

SECTION 2. Chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after section 6N, the following new section:-

Section 6O. Historic Public Buildings Trust Fund, Voluntary Contributions

Every individual who files a separate return and every husband and wife filing a return jointly may voluntarily contribute all or part of any refund to which they are entitled or may voluntarily add an amount onto any amount due to be credited to the Historic Public Buildings Trust Fund.  At the beginning of each fiscal year, subject to appropriation, one dollar shall be credited from the General Fund to the Historic Public Buildings Preservation Trust Fund for each dollar contributed by the public in the prior fiscal year under the provisions of this section. The commissioner of the department of revenue shall certify to the state comptroller total revenues contributed to the Historic Public Buildings Preservation Trust Fund by individuals in the prior fiscal year.

A contribution made under this section may be made with respect to any taxable year at the time of filing the return of the tax imposed by this chapter for such taxable year; provided, however, that the commissioner shall prescribe the manner in which such contribution shall be made on the face of the return required by section five of chapter sixty-two C.

The commissioner shall annually report the total amount designated under this section to the state treasurer who shall credit such amount, plus accrued interest, to the Historic Public Buildings Preservation Trust Fund.