Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H722 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1463 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 722
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Erika Uyterhoeven
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to limit political spending by foreign-influenced corporations.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Erika Uyterhoeven27th Middlesex1/17/2023Vanna Howard17th Middlesex2/1/2023Natalie M. Higgins4th Worcester2/22/2023Samantha Montaño15th Suffolk2/27/2023 1 of 4
16	16	HOUSE DOCKET, NO. 1463 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 722
18	18	By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 722)
19	19	of Erika Uyterhoeven and others relative to limiting political spending by foreign-influenced
20	20	corporations. Election Laws.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 839 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to limit political spending by foreign-influenced corporations.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1 of Chapter 55 is hereby amended by inserting the following
32	32	2definitions:--
33	33	3 “Chief executive officer”, the highest-ranking officer or decision-making individual with
34	34	4authority over the corporation’s affairs.
35	35	5 “Corporation”, a for-profit corporation, company, limited liability company, limited
36	36	6partnership, business trust, business association, or other similar for-profit entity.
37	37	7 “Foreign-influenced corporation”, a corporation for which at least one of the following
38	38	8conditions is met: (1) a single foreign owner holds, owns, controls, or otherwise has direct or
39	39	9indirect beneficial ownership of one percent or more of the total equity, outstanding voting 2 of 4
40	40	10shares, membership units, or other applicable ownership interests of the corporation; (2) two or
41	41	11more foreign owners, in aggregate, hold, own, control, or otherwise have direct or indirect
42	42	12beneficial ownership of five percent or more of the total equity, outstanding voting shares,
43	43	13membership units, or other applicable ownership interests of the corporation; or (3) a foreign
44	44	14owner participates directly or indirectly in the corporation’s decision-making process with
45	45	15respect to the corporation’s political activities in the United States.
46	46	16 “Foreign investor”, a person or entity that (1) holds, owns, controls, or otherwise has
47	47	17direct or indirect beneficial ownership of equity, outstanding voting shares, membership units, or
48	48	18other applicable ownership interests of a corporation, and (2) is a government of a foreign
49	49	19country, or a foreign political party, or a partnership, association, corporation, organization, or
50	50	20other combination of persons organized under the laws of or having its principal place of
51	51	21business in a foreign country, or an individual outside the United States who is not a citizen of
52	52	22the United States or a national of the United States and who is not lawfully admitted for
53	53	23permanent residence.
54	54	24 “Foreign owner”, (1) a foreign investor or (2) a corporation wherein a foreign investor
55	55	25holds, owns, controls, or otherwise has directly or indirectly acquired a beneficial ownership of
56	56	26equity or voting shares in an amount that is equal to or greater than 50 percent of the total equity
57	57	27or outstanding voting shares.
58	58	28 SECTION 2. Section 8 of said Chapter 55 is hereby amended by inserting after the
59	59	29second paragraph the following new paragraphs:--
60	60	30 No foreign-influenced corporation shall make an independent expenditure, or an
61	61	31electioneering communication expenditure, or a contribution to an independent expenditure PAC 3 of 4
62	62	32as defined in Section 18A, or a contribution to a ballot question committee, or an expenditure for
63	63	33the purpose of promoting or opposing a charter change, referendum question, constitutional
64	64	34amendment, or other question submitted to the voters.
65	65	35 Any corporation that makes an independent expenditure, or an electioneering
66	66	36communication expenditure, or a contribution to an independent expenditure PAC as defined in
67	67	37section 18A, or a contribution to a ballot question committee, or an expenditure for the purpose
68	68	38of promoting or opposing a charter change, referendum question, constitutional amendment, or
69	69	39other question submitted to the voters shall, within 7 business days after making such
70	70	40expenditure or contribution, file with the director, a statement of certification, signed by the chief
71	71	41executive officer under penalty of perjury, avowing that, after due inquiry, the corporation was
72	72	42not a foreign-influenced corporation on the date such expenditure or contribution was made.
73	73	43 SECTION 3. Section 18G of Chapter 55 is further amended by inserting after the second
74	74	44sentence of paragraph two the following:--
75	75	45 Unless the individual, corporation, group, association, labor union or other entity making
76	76	46the independent expenditure or electioneering communication has received a statement of
77	77	47certification from each person or entity required to be listed in the top contributors, avowing
78	78	48under penalty of perjury that none of the funds used to make each such person or entity’s
79	79	49contribution were derived from foreign-influenced corporations, the advertisement or
80	80	50communication shall also include the statement: “Some of the funds used to pay for this message
81	81	51may have been provided by foreign-influenced corporations.” The individual, corporation, group,
82	82	52association, labor union or other entity making the independent expenditure or electioneering
83	83	53communication shall be entitled to rely on such a statement of certification provided by the 4 of 4
84	84	54contributor, unless the individual, corporation, group, association, labor union or other entity has
85	85	55actual knowledge that such certification is false.