Budget Amendment ID: FY2020-S3-323

EDU 323

Statutory Charter Tuition Reimbursement

Ms. Chang-Diaz, Mr. Timilty, Ms. Comerford, Messrs. Feeney and Eldridge, Ms. Rausch, Messrs. Collins, Tarr, Welch and Moore, Ms. Jehlen, Messrs. Brady and Kennedy, Ms. Gobi, Messrs. O'Connor, Montigny, Humason, Lesser and Keenan and Ms. DiZoglio moved that the proposed new text be amended in section 2, by striking line item 7061-9010 and inserting in place thereof the following:-

7061-9010. For fiscal year 2020 reimbursements to certain cities, towns and regional school districts of charter school tuition and the per-pupil capital needs component included in the charter school tuition amount for commonwealth charter schools, as calculated under subsections (ff) and (gg) of section 89 of chapter 71 of the General Laws; provided, that notwithstanding said subsection (ff) of said section 89 of said chapter 71, or any other general or special law to the contrary, the per-pupil capital needs component of the commonwealth charter school tuition rate for fiscal year 2020 shall be $938; and provided further, that if the amount appropriated is insufficient to fully fund all reimbursements required by said section 89 of said chapter 71, the department shall fund the reimbursements in accordance with the following priorities: (a) the per-pupil capital needs component; (b) the 100 per cent increase reimbursement; and (c) the 25 per cent increase reimbursements, by year, beginning with the most recent year…………..188,746,717

and by inserting after section __ the following new sections:-

SECTION XX. Section 38 of chapter 63 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) If a corporation, other than a defense corporation as described in subsection (k) or a manufacturing corporation as described in subsection (l), has income from business activity which is taxable both within and without this commonwealth, its taxable net income, as determined under the provisions of subsection (a), shall be apportioned to this commonwealth by multiplying said taxable net income by a fraction, the numerator of which is the property factor plus the payroll factor plus twice times the sales factor, and the denominator of which is four.

SECTION XX. Subsection (f) of section 38 of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out the sixth paragraph.

SECTION XX. Section 38 of chapter 63 of the General Laws, as so appearing, is hereby further amended by striking out subsections (m) and (n) and inserting in place thereof the following subsection:-

(m) In any case in which a purchasing corporation makes an election under section 338 of the Code, the target corporation shall be treated as having sold its assets for purposes of this section.