I have three questions. First, how was it determined that 40% is the appropriate number? Why not 30 or 50% instead. Why 40%?  

Secondly, did you know when you decided on that percentage that the charitable organizations already also give 50% to the gaming company?  If you did, then adding 40% was done intentionally to close most of the charitable organizations. 

This creates my 3rd question.  Who or what organization wants us closed?   

If 10% to charity is good enough for the Feds, than 10% should be good enough for the Commonwealth.