Budget Amendment ID: FY2020-S3-178

EDU 178

LIFT Fund

Messrs. Tarr, deMacedo and Fattman moved that the proposed new text be amended by inserting after SECTION _ the following new section:-

"SECTION _ . Chapter 10 of the General Laws is hereby amended by inserting after section 35LLL the following section:-

Section 35MMM. Learning Innovation for Tomorrow Fund

Section 35MMM. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Learning Innovation for Tomorrow (LIFT) fund, whose purpose shall be to finance the development and implementation of the recommendations of the foundation budget review commission as established under chapter 165 of the acts of 2014, without regard or preference to any particular geographic location or region of the commonwealth.

Amounts shall be credited to the fund pursuant to clause (i), (ii) and (iii) of this section, provided that the fund may be supplemented through appropriation from the general fund or other available sources including but not limited to any interest earned on monies in the fund; any funds from private sources including, but not limited to, gifts, grants and donations received by the commonwealth that are specifically designated to be credited to the fund, provided further that expenditure from the fund shall be made pursuant to a specific line item created to distribute funding by the Department of elementary, and secondary education.

Funds may be expended from the fund for the following purposes:

To fund the recommendations of the Foundation Budget review commission as established under chapter 165 of the acts of 2014 based upon the implementation schedule established under section 5B1/2 of chapter 29

In promulgating regulations to administer the fund, the department shall establish and monitor measurable benchmarks for progress and accomplishment, and shall report annually to the clerks of the house and senate, the house and senate committees on ways and means, the joint committee on education, and the secretary of education not later than December 31 of each year on the impacts of fund spending.

moves to further amendment by inserting after section __the following new section:-

SECTION_.(i). Section 64 of chapter 23k of the general laws as appearing in the 2014 official edition is hereby amended by striking out from line 6-12 the following:-“provided, however that 35 per cent of the funds received shall be appropriated for the purposes of higher education to supplement, not offset, any reduction in the general appropriation act from the previous fiscal year; and provided further, that any expenditures from the fund for K-12 education shall be used to supplement, and not offset, any reduction in line item 7061-0008 of the general appropriation act from the previous fiscal year’s general appropriation act” and inserting in place thereof the following:-“provided, however, that 40 per cent of the funds received shall be appropriated for the purposes of higher education and provided further, that 60 per cent of the funds received shall be appropriated to the learning education for tomorrow fund as establish under this act.

(ii). Section 10 of chapter 152 of the acts of 1997 are hereby amended by inserting in at the end of sub clause (iii) in clause (C) the following:- (iv) Not less than twenty million plus fifty per cent of surplus over required debt service to the learning education for tomorrow fund as establish under this act.

(iii). Notwithstanding any general or special law to the contrary, prior to transferring the consolidated net surplus in the budgetary funds to the Commonwealth Stabilization Fund under section 5C of chapter 29 of the General Laws, the comptroller shall dispose of the consolidated net surplus in the budgetary funds as follows: (1) transfer 1/3 of the surplus, not to exceed $10,000,000, to the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B of the General Laws; (ii) transfer 1/3 of the surplus, not to exceed $10,000,000, to the Massachusetts Life Sciences Investment Fund established in section 6  of the chapter 23I of the General Laws; and (iii) transfer 1/3 of the surplus, not to exceed $10,000,000 to the learning innovation for tomorrow fund

Moves to further amend by inserting after SECTION __, the following new section:-

SECTION_. Chapter 195 of the acts of 2014 are hereby repealed

Moves to further amend by inserting after SECTION __, the following new section:-

SECTION_. Chapter 395 of the acts of 2014 are hereby repealed

Moves to further amend by inserting after SECTION_, the following new section:-

SECTION _. Chapter 29 is by inserting after section 5B the following section:-

Section 5B½. (a) Annually, not later than January 15, the secretary of administration and finance shall meet with the senate and house committees on ways and means to jointly determine an implementation schedule to fulfill the recommendations filed on November 2, 2015 by the foundation budget review commission established in section 4 of chapter 70. The implementation schedule shall establish a foundation budget as defined in section 2 of said chapter 70 incorporating the categories of tuitioned-out special education rate, assumed in-school special education enrollment, low-income increment, low-income enrollment, foundation benefits, retired employee health insurance and English language learner increment; provided, however, that in the first year of the term of office of a governor who has not served in the preceding year, the parties shall determine an implementation schedule not later than January 31 of that year.

In determining the implementation schedule, the secretary of administration and finance and the senate and house committees on ways and means shall hold a public hearing and receive testimony from the commissioner of elementary and secondary education and other interested parties. The schedule may be amended by agreement of the senate and house committees on ways and means in any fiscal year to reflect changes in enrollment, inflation, student populations or other factors that may affect the remaining costs in the schedule. The implementation schedule may be included in a joint resolution and placed before the members of the general court for their consideration along with proposed legislation to execute and implement the schedule. The implementation schedule shall be subject to appropriation.