Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S85 Compare Versions

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22 SENATE DOCKET, NO. 2160 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 85
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Edward J. Kennedy, (BY REQUEST)
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act enabling private donations to the cannabis social equity trust fund.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Kevin GilnackBruce E. TarrFirst Essex and Middlesex3/10/2025Manny Cruz7th Essex3/10/2025 1 of 4
1616 SENATE DOCKET, NO. 2160 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 85
1818 By Mr. Kennedy (by request), a petition (accompanied by bill, Senate, No. 85) of Kevin Gilnack,
1919 , Bruce E. Tarr and Manny Cruz for legislation to enable private donations to the cannabis social
2020 equity trust fund. Cannabis Policy.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act enabling private donations to the cannabis social equity trust fund.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Section 14A of Chapter 94G of the General Laws is amended by inserting,
3030 2at the end of the section, the following subsection:
3131 3 (f) The executive office of economic development, in consultation with the advisory
3232 4board, shall establish all necessary policies and procedures to enable the fund to solicit and
3333 5accept donations from private individuals and entities including but not limited to licensed
3434 6marijuana establishments or medical marijuana treatment centers seeking to satisfy their positive
3535 7impact plan pursuant to Mass. Gen. Laws ch. 94G, ยง 4(a1/2)(xxxv), and other businesses,
3636 8nonprofit organizations, and individuals.
3737 9 (i) The executive office of economic development and the cannabis control commission
3838 10shall publicize opportunities to donate to the cannabis social equity trust fund on their website
3939 11and other relevant materials provided to marijuana establishments, medical marijuana treatment
4040 12centers, municipalities, the media, other stakeholders, and the public. 2 of 4
4141 13 (ii) No later than 90 days after the end of the fiscal year, the executive office of economic
4242 14development shall submit a report to the chairs of the joint committee on ways and means and
4343 15the joint committee on cannabis policy on private donations to the fund, including but not limited
4444 16to efforts to advertise and solicit private donations, amounts raised, summary of amounts raised
4545 17by source type, amount spent to administer the solicitation and collection of private donations.
4646 18 SECTION 2. Chapter 62 of the General Laws is amended by inserting, after Section 6N,
4747 19the following section:
4848 20 Section 6O: Cannabis Social Equity Trust Fund; voluntary contributions
4949 21 Section 6O. Every individual who files a separate return may voluntarily contribute one
5050 22dollar to be paid over to the Cannabis Social Equity Trust Fund, established by section 14A of
5151 23chapter 94G. In the case of a joint return of husband and wife, each spouse may voluntarily
5252 24contribute five thousand dollars to said fund. A credit in the full amount of any contribution
5353 25under this section shall be allowed against the tax imposed by this chapter; provided, that for any
5454 26such return no such credit shall exceed the income tax liability for any taxable year.
5555 27 A contribution made under this section may be made with respect to any taxable year at
5656 28the time of filing the return of the tax imposed by this chapter for such taxable year; provided,
5757 29however, that the commissioner shall prescribe the manner in which such contribution shall be
5858 30made on the face of the return required by section five of chapter sixty-two C.
5959 31 The provisions of this section shall apply only to residents required to file a return under
6060 32this chapter. 3 of 4
6161 33 For purposes of this section the words ''income tax liability for any taxable year'' shall
6262 34mean the amount of tax imposed by this chapter reduced by sum of the credits allowed by clause
6363 35(a) of section six.
6464 36 SECTION 3. Section 14A of Chapter 94G of the General Laws is amended by inserting,
6565 37at the end of the section, the following subsection:
6666 38 (g) The executive office of economic development, in consultation with the advisory
6767 39board, shall establish a program to guarantee loans through Community Development Financial
6868 40Institutions, non-traditional nonprofit lenders, credit unions, and banks using a portion of the
6969 41fund.
7070 42 (i) The executive office of economic development, in consultation with the advisory
7171 43board, shall convene at least one public listening session for stakeholders to provide feedback
7272 44regarding the amount or percent of available funds that should be used for this program and other
7373 45program details.
7474 46 (ii) The executive office of economic development, in consultation with the advisory
7575 47board, shall a stakeholders working group to provide feedback and guidance in the development
7676 48of this program. The working group shall include the fund manager, secretary of the executive
7777 49office of economic development of their designee, commissioner of banks of their designee,
7878 50director of the growth capital division of the Massachusetts development finance agency or their
7979 51designee, the chairs of the joint committee on cannabis policy committee or their designees, the
8080 52chairs of the joint committee on ways and means or their designee, the chairs of the joint
8181 53committee on financial services or their designee, the chairs of the joint committee on
8282 54community development and small business or their designee, the chair of the Massachusetts 4 of 4
8383 55cannabis advisory board or their designee, the chair of the cannabis control commission or their
8484 56designee, three social equity businesses owners appointed by the governor, three social equity
8585 57business owners appointed by the treasurer and receiver general, three social equity business
8686 58owners appointed by the attorney general, one community development financial institution
8787 59leader appointed by the governor, one bank leader appointed by the governor, one credit union
8888 60leader appointed by the governor, and the eon foundation.
8989 61 (iii) The advisory board, in consultation with the working group, shall approve the
9090 62percent or amount of available funds to be used for this program.
9191 63 The advisory board, in consultation with the executive office of economic development
9292 64and the working group shall promulgate regulations governing the structure and administration
9393 65of the program.