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89 Representatives Support the House Budget Amendment to Increase CPA Trust Fund Revenue

Posted on: May 9, 2018 - 3:33pm

Apr. 23, 2018: Now that the Department of Revenue has issued their estimate of an 11% base match from the CPA Trust Fund this November, the pressure is on at the State House to arrive at a solution to increase the match. The next opportunity to advance legislation to accomplish this goal is the FY19 House Budget, which is scheduled to be debated this week.

The Coalition is pleased to report that Representatives Aaron Michlewitz of Boston and Kate Hogan of Stow have filed a budget amendment that, if passed, would reverse the trend of the falling trust fund revenue. House Amendment 466 calls for an increase to the recording fees at the State's Registries of Deeds, and preliminary estimates indicate that this increase would restore the first round distribution in 2019 to a level above 30% for all 172 CPA communities.

What can you do to help?

The Coalition will be canvassing the State House seeking co-sponsors for the CPA amendment, but we could use your help. Please contact your State Representative this week and ask them to support an increase to the CPA Trust Fund. The link below will provide both email and telephone contact information for your State Rep -- call or write today:

Here's how to contact your Representative and ask them to co-sponsor House Budget Amendment 466.

Current Co-Sponsors: James Arciero, Bruce J. Ayers, Ruth B. Balser, Christine P. Barber, Jennifer E. Benson, Evandro C. Carvalho, Nick Collins, Mike Connolly, Edward F. Coppinger, William L. Crocker, Jr., Daniel Cullinane, Mark J. Cusack, Josh S. Cutler, Michael S. Day, Marjorie C. Decker, Angelo L. D'Emilia, Diana DiZoglio, Daniel M. Donahue, Paul J. Donato, Shawn Dooley, William Driscoll, James J. Dwyer, Carolyn C. Dykema, Tricia Farley-Bouvier, Dylan Fernandes, Ann-Margaret Ferrante, Michael J. Finn, Carole A. Fiola, William C. Galvin, Sean Garballey, Denise C. Garlick, Carmine L. Gentile, Thomas A. Golden, Jr., Solomon Goldstein-Rose, Carlos González, Kenneth I. Gordon, Danielle W. Gregoire, Stephan Hay, Jonathan Hecht, Natalie Higgins, Russell E. Holmes, Kevin G. Honan, Steven S. Howitt, Daniel J. Hunt, Randy Hunt, Bradley H. Jones, Jr., Louis L. Kafka, Kay Khan, Robert M. Koczera, John J. Lawn, Jr., Jack Lewis, David Paul Linsky, Jay D. Livingstone, Adrian Madaro, Elizabeth A. Malia, Paul W. Mark, Christopher M. Markey, Paul McMurtry, Joan Meschino, Leonard Mirra, David K. Muradian, Jr., Mathew Muratore, James M. Murphy, James J. O'Day, Jerald A. Parisella, Sarah K. Peake, Alice Hanlon Peisch, Denise Provost, Angelo J. Puppolo, Jr., David M. Rogers, John H. Rogers, Daniel J. Ryan, Paul A. Schmid, III, John W. Scibak, Frank I. Smizik, Todd M. Smola, Thomas M. Stanley, Paul Tucker, Chynah Tyler, Steven Ultrino, Aaron Vega, John C. Velis, Chris Walsh, Thomas P. Walsh, Timothy R. Whelan, Susannah M. Whipps, & Bud Williams.

What's comes next in the budget process?

After the House approves a final, amended version of the bill, the budget will then progress into to the Senate. The Senate Committee on Ways and Means examines both the Governor's proposal and the House proposal and releases its own recommendations for the annual budget. The House and Senate will then each appoint three members to a conference committee to reconcile the differences between the House and Senate proposals. The conference committee then reports a final compromise bill to the House and Senate for a final vote of acceptance in each branch.

The Coalition will be providing updates throughout this budget process.

What language is included in the CPA Amendment?

Amendment #466 to H4400 - Community Preservation Act

Representatives Michlewitz of Boston and Hogan of Stow move to amend the bill by adding the following new section:-

SECTION XX. Section 8 of chapter 44B is hereby amended by striking it in its entirety and inserting in place thereof the following:

Section 8. (a) Except as otherwise provided, the fees of the registers of deeds to be paid when a document or instrument is recorded shall be subject to a surcharge of $50; provided, however, that if the document or instrument to be filed includes multiple references to a document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $50 surcharge. The fee for recording a municipal lien certificate shall be subject to a surcharge of $25; provided, however, that if the certificate includes multiple references to a document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $25 surcharge. The surcharges imposed shall be used for community preservation purposes. No surcharge shall apply to a declaration of homestead under chapter 188 or to the filing of any subordinate mortgage extended by any public agency or quasi-public agency, including but not limited to a Commonwealth municipality or the Massachusetts Housing Partnership. No surcharge shall apply to the fees charged for additional pages, photostatic copies, abstract cards or additional square feet for the recording of plans.

(b) The fees of the assistant recorder, except as otherwise provided, to be paid when the instrument is left for registering, filing or entering with respect to registered land shall be subject to a surcharge of $50. The fees for so registering, filing or entering a municipal lien certificate shall be subject to a surcharge of $25. The surcharges shall be imposed for the purposes of community preservation. No surcharge shall apply to a declaration of homestead under chapter 188 or to the filing of any subordinate mortgage extended by any public agency or quasi-public agency, including but not limited to a Commonwealth municipality or the Massachusetts Housing Partnership. No surcharge shall apply to the fees charged for additional lots shown on plans, for indexing instruments recorded while a petition for registering is pending, for additional certificates of sewer assessments, for old age assistance liens, for duplicates and for photocopies.

(c) All surcharges on fees collected pursuant to this section shall be forwarded to the Massachusetts Community Preservation Trust Fund, established in section 9.

SECTION XX: The commissioner of revenue shall provide notification to the registers of deeds, the assistant recorders and the joint committee on revenue that the new surcharge amounts established under Section XX shall take effect 120 days following the passage of this section. All documents received by the registers of deeds and assistant recorders that are postmarked prior to the effective date shall be subject to the fee surcharge applicable to section 8 of chapter 44B of the General Laws that was in effect prior to that date.