HOUSE DOCKET, NO. 3600        FILED ON: 1/17/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

William F. MacGregor

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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 modernizing charitable organization fundraising opportunities.

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PETITION OF:

HOUSE DOCKET, NO. 3600        FILED ON: 1/17/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act modernizing charitable organization fundraising opportunities.

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

Section 10 of chapter 137 of the general laws as so appearing in the 2022 official edition is amended as follows:-

in the first sentence of the first paragraph after the word “shares,” by adding:-

“, or digital pull tab tickets” 

and again in the second sentence of the first paragraph after the words “reselling such tickets” by adding:-

“or digital pull tab tickets” 

and again after the words “said lottery tickets” by adding:-

“or digital pull tab tickets”; 

and further, in the first sentence of the second paragraph after the words “lottery tickets” by adding:-

“or authorize the sale of or digital pull tab tickets”;

and further, in the first sentence of the third paragraph after the words “resale value;” by adding:-

“provided further, 10 per cent of the resale value of digital pull tab tickets shall revert to the commission”;

and again in the second sentence after the words “sales of lottery tickets” by adding:-

“or digital pull tab tickets”

Section 37. The director may license any organization licensed to conduct the game of beano,  under the provisions of section 38 to sell lottery tickets, or shares, or digital pull tab tickets; provided, that such tickets are sold only on the premises of said organization for which such license has been issued; and provided further, that the funds derived therefrom shall be used exclusively for educational, charitable or religious purposes. The commission shall sell lottery tickets to such licensed organizations and any such licensed organization reselling such tickets or digital pull tab tickets shall not be subject to prosecution for setting up and promoting a lottery or any other crime incidental thereto or for selling or having in its possession said lottery tickets or digital pull tab tickets.

The commission shall sell lottery tickets or authorize the sale of or digital pull tab tickets to such licensed organizations and shall determine the price at which said licensed organizations shall resell said tickets, which price shall be printed on each ticket. Each licensed organization shall be entitled to retain as gross profit not more than 30 per cent of the resale value of tickets sold by it, and shall be solely responsible for paying prizes won by tickets sold by it, which prizes shall be determined by the commission and be not less than 45 per cent of the resale value of said tickets.

The commission shall sell lottery tickets to said licensed organizations for 10 per cent of their resale value; provided further, 10 per cent of the resale value of digital pull tab tickets shall revert to the commission, . The revenue derived by the commission from said sales of lottery tickets or digital pull tab tickets shall be apportioned as follows: (1) for the payment of costs; provided, however, that notwithstanding the provisions of section 25, the costs incurred by the commission in the operation and administration of the activities authorized by this section, including the expenses of the commission and the costs resulting from any contract or contracts entered into for promotional, advertising or operational service or for the purchase or lease of lottery equipment, materials and tickets, in no case shall exceed one half of said revenue, subject to appropriation; (2) the balance of said revenue, as determined by the comptroller on June 1 and December 1 of each year, shall be credited to the State Lottery and Gaming Fund to be distributed in accordance with the provisions of section 18C of chapter 58.

Organizations licensed under this section shall be considered sales agents for the purposes of this chapter. Activities authorized by this section shall be subject to all provisions of the state lottery law not inconsistent herewith.