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SENATE DOCKET, NO. 2163 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1064
The Commonwealth of Massachusetts
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PRESENTED BY:
Mark C. Montigny
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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 removing the charitable immunity cap.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 1
SENATE DOCKET, NO. 2163 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1064
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1064) of Mark C. Montigny for
legislation relative to the limitation of tort liability on charitable organizations. The Judiciary.
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 removing the charitable immunity cap.
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, as appearing in the 2020 official
2edition, is hereby amended by striking out the first paragraph and inserting in place thereof the
3following sentence:-
4 "It shall not constitute a defense to any cause of action based on tort brought against a
5corporation, trustees of a trust, or members of an association that said corporation, trust, or
6association is, or at the time the cause of action arose was, a charity.".