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2 | 2 | | SENATE DOCKET, NO. 2160 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 85 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Edward J. Kennedy, (BY REQUEST) |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act enabling private donations to the cannabis social equity trust fund. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Kevin GilnackBruce E. TarrFirst Essex and Middlesex3/10/2025Manny Cruz7th Essex3/10/2025 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 2160 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 85 |
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18 | 18 | | By Mr. Kennedy (by request), a petition (accompanied by bill, Senate, No. 85) of Kevin Gilnack, |
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19 | 19 | | , Bruce E. Tarr and Manny Cruz for legislation to enable private donations to the cannabis social |
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20 | 20 | | equity trust fund. Cannabis Policy. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act enabling private donations to the cannabis social equity trust fund. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Section 14A of Chapter 94G of the General Laws is amended by inserting, |
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30 | 30 | | 2at the end of the section, the following subsection: |
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31 | 31 | | 3 (f) The executive office of economic development, in consultation with the advisory |
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32 | 32 | | 4board, shall establish all necessary policies and procedures to enable the fund to solicit and |
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33 | 33 | | 5accept donations from private individuals and entities including but not limited to licensed |
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34 | 34 | | 6marijuana establishments or medical marijuana treatment centers seeking to satisfy their positive |
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35 | 35 | | 7impact plan pursuant to Mass. Gen. Laws ch. 94G, ยง 4(a1/2)(xxxv), and other businesses, |
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36 | 36 | | 8nonprofit organizations, and individuals. |
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37 | 37 | | 9 (i) The executive office of economic development and the cannabis control commission |
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38 | 38 | | 10shall publicize opportunities to donate to the cannabis social equity trust fund on their website |
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39 | 39 | | 11and other relevant materials provided to marijuana establishments, medical marijuana treatment |
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40 | 40 | | 12centers, municipalities, the media, other stakeholders, and the public. 2 of 4 |
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41 | 41 | | 13 (ii) No later than 90 days after the end of the fiscal year, the executive office of economic |
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42 | 42 | | 14development shall submit a report to the chairs of the joint committee on ways and means and |
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43 | 43 | | 15the joint committee on cannabis policy on private donations to the fund, including but not limited |
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44 | 44 | | 16to efforts to advertise and solicit private donations, amounts raised, summary of amounts raised |
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45 | 45 | | 17by source type, amount spent to administer the solicitation and collection of private donations. |
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46 | 46 | | 18 SECTION 2. Chapter 62 of the General Laws is amended by inserting, after Section 6N, |
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47 | 47 | | 19the following section: |
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48 | 48 | | 20 Section 6O: Cannabis Social Equity Trust Fund; voluntary contributions |
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49 | 49 | | 21 Section 6O. Every individual who files a separate return may voluntarily contribute one |
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50 | 50 | | 22dollar to be paid over to the Cannabis Social Equity Trust Fund, established by section 14A of |
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51 | 51 | | 23chapter 94G. In the case of a joint return of husband and wife, each spouse may voluntarily |
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52 | 52 | | 24contribute five thousand dollars to said fund. A credit in the full amount of any contribution |
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53 | 53 | | 25under this section shall be allowed against the tax imposed by this chapter; provided, that for any |
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54 | 54 | | 26such return no such credit shall exceed the income tax liability for any taxable year. |
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55 | 55 | | 27 A contribution made under this section may be made with respect to any taxable year at |
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56 | 56 | | 28the time of filing the return of the tax imposed by this chapter for such taxable year; provided, |
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57 | 57 | | 29however, that the commissioner shall prescribe the manner in which such contribution shall be |
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58 | 58 | | 30made on the face of the return required by section five of chapter sixty-two C. |
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59 | 59 | | 31 The provisions of this section shall apply only to residents required to file a return under |
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60 | 60 | | 32this chapter. 3 of 4 |
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61 | 61 | | 33 For purposes of this section the words ''income tax liability for any taxable year'' shall |
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62 | 62 | | 34mean the amount of tax imposed by this chapter reduced by sum of the credits allowed by clause |
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63 | 63 | | 35(a) of section six. |
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64 | 64 | | 36 SECTION 3. Section 14A of Chapter 94G of the General Laws is amended by inserting, |
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65 | 65 | | 37at the end of the section, the following subsection: |
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66 | 66 | | 38 (g) The executive office of economic development, in consultation with the advisory |
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67 | 67 | | 39board, shall establish a program to guarantee loans through Community Development Financial |
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68 | 68 | | 40Institutions, non-traditional nonprofit lenders, credit unions, and banks using a portion of the |
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69 | 69 | | 41fund. |
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70 | 70 | | 42 (i) The executive office of economic development, in consultation with the advisory |
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71 | 71 | | 43board, shall convene at least one public listening session for stakeholders to provide feedback |
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72 | 72 | | 44regarding the amount or percent of available funds that should be used for this program and other |
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73 | 73 | | 45program details. |
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74 | 74 | | 46 (ii) The executive office of economic development, in consultation with the advisory |
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75 | 75 | | 47board, shall a stakeholders working group to provide feedback and guidance in the development |
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76 | 76 | | 48of this program. The working group shall include the fund manager, secretary of the executive |
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77 | 77 | | 49office of economic development of their designee, commissioner of banks of their designee, |
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78 | 78 | | 50director of the growth capital division of the Massachusetts development finance agency or their |
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79 | 79 | | 51designee, the chairs of the joint committee on cannabis policy committee or their designees, the |
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80 | 80 | | 52chairs of the joint committee on ways and means or their designee, the chairs of the joint |
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81 | 81 | | 53committee on financial services or their designee, the chairs of the joint committee on |
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82 | 82 | | 54community development and small business or their designee, the chair of the Massachusetts 4 of 4 |
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83 | 83 | | 55cannabis advisory board or their designee, the chair of the cannabis control commission or their |
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84 | 84 | | 56designee, three social equity businesses owners appointed by the governor, three social equity |
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85 | 85 | | 57business owners appointed by the treasurer and receiver general, three social equity business |
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86 | 86 | | 58owners appointed by the attorney general, one community development financial institution |
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87 | 87 | | 59leader appointed by the governor, one bank leader appointed by the governor, one credit union |
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88 | 88 | | 60leader appointed by the governor, and the eon foundation. |
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89 | 89 | | 61 (iii) The advisory board, in consultation with the working group, shall approve the |
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90 | 90 | | 62percent or amount of available funds to be used for this program. |
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91 | 91 | | 63 The advisory board, in consultation with the executive office of economic development |
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92 | 92 | | 64and the working group shall promulgate regulations governing the structure and administration |
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93 | 93 | | 65of the program. |
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