HOUSE DOCKET, NO. 92        FILED ON: 1/9/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1544

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Christopher Hendricks

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to clarify the charitable purposes of certain organizations.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Christopher Hendricks

11th Bristol

1/5/2023

Lindsay N. Sabadosa

1st Hampshire

1/26/2023

Brian W. Murray

10th Worcester

1/30/2023

Liz Miranda

Second Suffolk

3/6/2023


HOUSE DOCKET, NO. 92        FILED ON: 1/9/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1544

By Representative Hendricks of New Bedford, a petition (accompanied by bill, House, No. 1544) of Christopher Hendricks and others for legislation to clarify the charitable purposes of certain organizations.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1639 OF 2021-2022.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act to clarify the charitable purposes of certain organizations.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 85K of Chapter 231 of the General Laws is hereby amended by striking out the first sentence of the first paragraph and inserting in place thereof the following sentence:

It shall not constitute a defense to any cause of action based on tort brought against a corporation, trustees of a trust, or members of an association that said corporation, trust or association is or at the time the cause of action arose was a charity; provided, that if (a) the tort was committed in the course of any activity carried on to accomplish directly the charitable purposes of such corporation, trust or association, and such corporation, trust or association derives more than fifty percent of its income from charitable gifts or donations or (b) such charitable corporation, trust or association has been established primarily for religious purposes, then liability in any such cause of action shall not exceed the sum of twenty thousand dollars, exclusive of interest and costs.