Senate Votes Unanimously to Adopt CPA Budget Amendment

May 22, 2018: We're pleased to report an exciting milestone in our efforts to bolster the CPA Trust Fund. During the Senate budget debate earlier today, Senator Cynthia Stone Creem's budget amendment to increase the CPA Trust Fund was adopted.

Senate Budget Amendment #3 (Community Preservation Act) was the very first amendment that was adopted during the Senate Budget debate today after a roll call vote. Each Senator went on record to individually vote in favor of adopting the amendment - a resounding showing of unanimous support. The amendment calls for a $30 increase to the recording fees at the State's Registries of Deeds, providing a higher state match to all CPA communities in November of 2019. While it is difficult to make long-term predictions on the exact percentage communities would receive, preliminary estimates indicate that the increase would restore the first round distribution to a level near 30%.

We are extremely grateful for the support of Senate President Harriet Chandler, Senate Committee on Ways and Means Chairwoman Karen Spilka, Majority Leader (and long-time CPA sponsor) Cynthia Stone Creem, Minority Leader Bruce Tarr, and the rest of the Senate body for their individual votes to adopt the CPA amendment.

From the MA Senate Twitter account, here's a clip of Senator Creem explaining the CPA Budget Amendment:

What is the next step for this legislation?

A six-member conference committee will be charged with reconciling the differences between the House and Senate versions of the FY19 state budget. CPA revenue was included in the Senate version of the document, but not the House, so the Conference Committee will have to agree to include it in the final version of the budget. The Committee usually issues its report by the end of June, after which it will head to the desk of Governor Baker.

What was included in the Senate budget amendment for CPA?

Amendment #3: Community Preservation Act

Ms. Creem, Messrs. Eldridge, Lewis, Ross and Barrett, Ms. Friedman, Messrs. Crighton, Feeney, Cyr and Hinds, Ms. L'Italien, Ms. Jehlen, Messrs. Boncore, Rush, Welch, Lesser and Keenan, Ms. O'Connor Ives, Messrs. Collins, Brownsberger, DiDomenico, O'Connor, Tarr and Tran moved that the proposed new text be amended by inserting after section 13 the following 3 sections:-

“SECTION 13A. Section 8 of chapter 44B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 3, 8 and 23, the figure “20” and inserting in place thereof, in each instance, the following figure:- 50.

SECTION 13B. Said section 8 of said chapter 44B, as so appearing, is hereby further amended by striking out, in lines 10, 14 and 24, the figure “10” and inserting in place thereof, in each instance, the following figure:- 25.

SECTION 13C. Said section 8 of said chapter 44B, as so appearing, is hereby further amended by inserting after the figure “188”, in lines 17 and 27, each time it appears, the following words:- or to the filing of a subordinate mortgage extended by a public agency or quasi-public agency including, but not limited to, a municipality of the commonwealth and the Massachusetts Housing Partnership.

by inserting after section 56 the following 2 sections:-

“SECTION 56A. The commissioner of revenue shall provide notification to the registers of deeds, the assistant recorders and the joint committee on revenue of the changes to surcharges under section 8 of chapter 44B of the General Laws that take effect on December 1, 2018.

SECTION 56B. Notwithstanding section 8 of chapter 44B of the General Laws, a document that is received by a register of deeds or an assistant recorder after December 1, 2018 but is postmarked prior to December 1, 2018 shall be subject to the applicable surcharge under said section 8 of said chapter 44B as in effect on November 30, 2018.”; and

by inserting after section 61 the following section:-

“SECTION 61A. Sections 13A to 13C, inclusive, shall take effect on December 1, 2018.”.