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H 3274

Lottery Commission

2025-2026 Regular Session Introduced by Hamilton Grant and 1 co-sponsor

Allows Massachusetts cities/towns to add a local 3¢/gal fuel excise, funds split among roads, transit, and non-SOV projects, with monthly reporting and distribution to municipaliti

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 3274

Summary — H.3274 (House Docket No. 1820)

Title on docket: “Lottery Commission” (text and docket contain inconsistencies; see note below)
Introduced/Filed: Prefiled 12/05/2024; filed 1/15/2025; introduced/read first time 1/14/2025.
Current status (as of documents): Referred to Committee on Judiciary (1/14/2025); subsequently referred to Revenue (2/27/2025). Hearing(s) scheduled for 10/17/2025.

Note on inconsistencies: The bill package includes two different items. The long text supplied is a Massachusetts bill to authorize a local option gasoline excise (authored by Rep. Tommy Vitolo). Separately, stray South Carolina statutory language about Lottery Commission ownership of “games of skill” appears appended but is unrelated to the Massachusetts text. This summary covers the Massachusetts local-option gas excise provisions (the primary bill text).

Purpose / Intent

To authorize Massachusetts cities and towns, by local adoption, to impose a supplemental local excise of 3 cents per gallon on sales of motor fuel and “special fuels” sold to retail dealers. The tax proceeds are dedicated to municipal transportation- and stormwater-related uses and to public transit and non‑single-occupancy-vehicle projects.

Key provisions

  • New reporting and payment duty (amendment to G.L. c.62C §16):
    • Every retail supplier must file a monthly return (due on or before the 20th) stating retail dealers served, gallons sold, selling price and other data the Commissioner of Revenue requires; the return accompanies remittance of the local excise collected.
  • New Chapter 64O — Local Option Gas Excise:
    • Local option: any municipality that accepts the chapter may levy a local excise of 3¢ per gallon on fuel and special fuels sold to retail dealers in that municipality. This is in addition to existing state-per-gallon taxes under chapters 64A and 64E.
    • Collection: retail suppliers remit the local excise to the Commissioner of Revenue at the time of filing monthly returns.
    • Distribution: sums received are certified by the Commissioner and distributed by the State Treasurer at least quarterly to adopting municipalities, proportionally based on amounts collected from each municipality.
  • Municipal use of proceeds:
    • Cities/towns must establish a “Municipal Fuel Excise Transportation and Stormwater Fund.”
    • Required allocation of fund expenditures: 1/3 to maintenance/repair/construction of roads, bridges, sidewalks, bikeways, public parking, or roadside drainage; 1/3 to the MBTA or regional transit authority serving the municipality (split equally if served by both); 1/3 to projects promoting non‑single-occupancy motor-vehicle transportation (pedestrian/bike facilities, senior transport, telecommuting, carpool programs, etc.).
    • Municipalities without public transit may allocate the transit share toward the road or non‑SOV categories.
    • Funds carry over year-to-year.
  • Transparency: Commissioner must provide collection totals for the preceding fiscal year to municipalities upon request.
  • Adoption/effective date: municipalities accept the chapter under the procedure in G.L. c.4 §4; the chapter takes effect the first day of the calendar quarter beginning 30 days after municipal approval (or a later quarter the municipality designates).

Who is affected

  • Municipal governments: may opt in to generate dedicated local revenue for transportation and stormwater needs.
  • Retail suppliers and retail dealers: new monthly reporting, remittance and administrative obligations.
  • MBTA and regional transit authorities: recipients of designated shares where applicable.
  • Motorists and fuel purchasers: indirect effect — 3¢/gal excise likely passed through to retail prices; impact varies with consumption.
  • General public: potential improvements to local roads, transit, biking/walking infrastructure, and stormwater drainage.

Potential impact and considerations

  • Revenue: 3¢/gallon is modest per unit but could produce a meaningful local revenue stream depending on local fuel sales volume. No statewide revenue estimate is provided in the text.
  • Dedicated funding: the statutory allocation ensures predictable support for roads, transit, and non‑SOV projects.
  • Administrative burden: monthly reporting and remittance requirements add compliance responsibilities for suppliers and state administration for collection and distribution.
  • Equity and policy effects: a per‑gallon excise is regressive (disproportionately affects lower-income households and those who drive more); however, dedicated transit and non‑SOV investments could mitigate mobility burdens and reduce vehicle miles traveled over time.
  • Municipal choice: adoption is voluntary; municipalities control timing of implementation.

If you want, I can draft a one‑page fiscal impact checklist (likely revenue per municipality) or annotate the bill text to highlight compliance obligations for suppliers and municipal steps to adopt.

Compiled from official sources — confirm details with the bill’s official record.

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