Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1544 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 92       FILED ON: 1/9/2023
HOUSE . . . . . . . . . . . . . . . No. 1544
The Commonwealth of Massachusetts
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PRESENTED BY:
Christopher Hendricks
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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 to clarify the charitable purposes of certain organizations.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher Hendricks11th Bristol1/5/2023Lindsay N. Sabadosa1st Hampshire1/26/2023Brian W. Murray10th Worcester1/30/2023Liz MirandaSecond Suffolk3/6/2023 1 of 2
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
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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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:
1 Section 85K of Chapter 231 of the General Laws is hereby amended by striking out the 
2first sentence of the first paragraph and inserting in place thereof the following sentence:
3 It shall not constitute a defense to any cause of action based on tort brought against a 
4corporation, trustees of a trust, or members of an association that said corporation, trust or 
5association is or at the time the cause of action arose was a charity; provided, that if (a) the tort 
6was committed in the course of any activity carried on to accomplish directly the charitable 
7purposes of such corporation, trust or association, and such corporation, trust or association 
8derives more than fifty percent of its income from charitable gifts or donations or (b) such 
9charitable corporation, trust or association has been established primarily for religious purposes,  2 of 2
10then liability in any such cause of action shall not exceed the sum of twenty thousand dollars, 
11exclusive of interest and costs.