Amendment #16 to H4187

Allocating a Portion of Cannabis Excise Tax Revenue to the Special Education Circuit Breaker Program

Mr. Paulino of Methuen moves to amend the bill by inserting after section __ the following section:

SECTION XXXX. Chapter 29 of the General Laws is hereby amended by inserting after section 2SSSSS the following section:

Section 2TTTTT. Special Education Circuit Breaker Trust Fund.

(a) There shall be established and set up on the books of the Commonwealth a separate fund to be known as the Special Education Circuit Breaker Trust Fund, hereinafter referred to as the fund. The fund shall be administered by the commissioner of elementary and secondary education, in consultation with the secretary of administration and finance.

(b) The fund shall be credited with:

(i) an amount equal to 20 percent of the revenue collected annually from the excise tax on the sale of adult-use marijuana and marijuana products pursuant to section 2 of chapter 64N of the General Laws;

(ii) any appropriations, grants, gifts or other monies specifically designated for deposit into the fund; and

(iii) interest or investment earnings from monies held in the fund.

(c) Amounts credited to the fund shall not revert to the General Fund at the end of any fiscal year and shall be available for expenditure in subsequent fiscal years. Expenditures from the fund shall not be subject to further appropriation.

(d) The commissioner of elementary and secondary education shall expend amounts in the fund solely for the purpose of supplementing reimbursements to school districts under the special education reimbursement program established in section 5A of chapter 71B of the General Laws. Monies from the fund shall supplement and not supplant any other state appropriations for the program.

(e) No more than 5 percent of the total annual expenditures from the fund may be used for administrative expenses, program evaluation, and reporting.

(f) Not later than December 1 of each year, the commissioner shall submit a report detailing all expenditures, fund balances, and reimbursements issued to the house and senate committees on ways and means, the joint committee on education, and the secretary of administration and finance.