Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S420 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1113 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 420
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cindy F. Friedman
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 promoting political participation.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cindy F. FriedmanFourth MiddlesexSal N. DiDomenicoMiddlesex and Suffolk1/30/2023Michael J. BarrettThird Middlesex1/31/2023Jason M. LewisFifth Middlesex2/6/2023Julian CyrCape and Islands2/6/2023James B. EldridgeMiddlesex and Worcester2/15/2023 1 of 8
16	16	SENATE DOCKET, NO. 1113 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 420
18	18	By Ms. Friedman, a petition (accompanied by bill, Senate, No. 420) of Cindy F. Friedman, Sal
19	19	N. DiDomenico, Michael J. Barrett, Jason M. Lewis and other members of the Senate for
20	20	legislation to promote political participation. Election Laws.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 471 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 promoting political participation.
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 150 of chapter 149 of the General Laws, as appearing in the 2020
32	32	2Official Edition, is hereby amended by striking out, in lines 22 to 23, inclusive, the words “or
33	33	3section 19 of chapter 151” and inserting in place thereof the following words:- , section 19 of
34	34	4chapter 151, or chapter 180B
35	35	5 SECTION 2. Section 150A of said chapter 149, as so appearing, is hereby amended by
36	36	6inserting after the word “check-off”, in line 4, the following words:- , voluntary contributions to
37	37	7social welfare organizations or political committees pursuant to chapter 180B
38	38	8 SECTION 3. Section 8 of chapter 154 of the General Laws, as appearing in the 2020
39	39	9Official Edition, is hereby amended by inserting after the word “plan,”, in line 15, the following 2 of 8
40	40	10words:- or voluntary contributions to social welfare organizations or candidate or other political
41	41	11committees pursuant to chapter 180B,
42	42	12 SECTION 4. The General Laws are hereby amended by adding after chapter 180A the
43	43	13following chapter:-
44	44	14 CHAPTER 180B: PAYROLL DEDUCTIONS TO PROMOTE POLITICAL
45	45	15PARTICIPATION THROUGH VOLUNTARY CONTRIBUTIONS TO NOT-FOR-PROFIT
46	46	16SOCIAL WELFARE ORGANIZATIONS OR CANDIDATE OR OTHER POLITICAL
47	47	17COMMITTEES
48	48	18 Section 1. Findings and public policy.
49	49	19 The general court hereby finds that many low-income residents of Massachusetts face
50	50	20substantial obstacles to participating fully in the public and political life of their communities;
51	51	21that financial barriers, including lack of access to credit cards and banking services, often prevent
52	52	22these residents from contributing financially to not-for-profit social welfare organizations or
53	53	23candidate or other political committees that engage in the political process and help shape the
54	54	24policies that affect residents’ lives; and that a payroll deduction mechanism would promote
55	55	25political participation by enabling individuals to authorize small, regular deductions from their
56	56	26pay at levels they can afford to contribute to political and advocacy organizations, eliminating
57	57	27transaction costs for such contributions and permitting greater numbers of Massachusetts
58	58	28residents to engage in the political process and to participate in community and civic life.
59	59	29 It is therefore declared to be the policy of the commonwealth to create a payroll
60	60	30deduction mechanism for enabling voluntary contributions to not-for-profit social welfare
61	61	31organizations or candidate or other political committees, available to any individual employed by 3 of 8
62	62	32an employer with a system of payroll deduction and without cost to the individual or to the
63	63	33employer.
64	64	34 Section 2. Definitions.
65	65	35 As used in sections 1 through 7, inclusive, of this chapter, unless the context otherwise
66	66	36requires, the following words shall have the following meanings:
67	67	37 “Covered organization” shall mean any not-for-profit organization that is organized under
68	68	38the Internal Revenue Code, 26 U.S.C. section 501(c)(4) and certified by the attorney general
69	69	39pursuant to this chapter or any candidate or other political committee that is organized in
70	70	40accordance with chapter 55 of the General Laws and regulations of the Massachusetts Office of
71	71	41Campaign and Political Finance and certified by the attorney general pursuant to this chapter;
72	72	42provided, however, that the not-for-profit organization or candidate or other political committee
73	73	43has obtained authorization pursuant to section 3 of this chapter from 10 or more residents of the
74	74	44commonwealth, provided further that each such authorization shall be valid for a period of 6
75	75	45months from when it was dated and signed.
76	76	46 “Employee'' shall mean any person employed by an employer, including any person
77	77	47considered to be an employee under section 148B of chapter 149 of the General Laws and any
78	78	48person covered by the definition of “employee” in the Fair Labor Standards Act, 29 U.S.C.
79	79	49section 203(e).
80	80	50 “Employee organization” shall mean an organization as defined in section 1 of chapter
81	81	51150E of the General Laws. 4 of 8
82	82	52 “Employer'' shall mean any individual, company, corporation, partnership, labor
83	83	53organization, unincorporated association or any other private legal business or other private
84	84	54entity, whether organized on a profit or not-for-profit basis, including any person acting directly
85	85	55or indirectly in the interest of an employer. The term “employer” shall include the
86	86	56commonwealth or any body of the commonwealth, including the legislature, judiciary, any
87	87	57boards, departments, and commissions thereof or authorities, all political subdivisions of the
88	88	58commonwealth and all districts.
89	89	59 “Labor organization” shall mean an organization as defined in the National Labor
90	90	60Relations Act, 29 U.S.C. section 152(5) or as defined in section 2 of chapter 150A of the General
91	91	61Laws.
92	92	62 “Remittance” shall mean a voluntary contribution duly authorized in writing by an
93	93	63employee, to be deducted from the employee's pay and remitted to a covered organization
94	94	64pursuant to this chapter.
95	95	65 “In writing” or “written” denotes a tangible or electronic record of a communication or
96	96	66representation, including handwriting, typewriting, printing, photo-stating, photography, audio or
97	97	67video recording, and any “electronic signature,” as defined by section 2 of chapter 110G of the
98	98	68General Laws.
99	99	69 Section 3. Requirement to deduct and remit voluntary contributions to covered
100	100	70organizations; standards for valid authorization; revocation of authorization, timely remittance.
101	101	71 (a) An employer shall, upon written authorization of an employee, deduct voluntary
102	102	72contributions from the employee’s pay and remit them to a covered organization designated by
103	103	73the employee, minus a reasonable administrative fee for processing such deduction and 5 of 8
104	104	74remittance determined pursuant to regulations adopted by the attorney general except as
105	105	75precluded by subsection (g) of this section; provided, however, that the employee or covered
106	106	76organization has provided to the employer documentation that the attorney general has certified
107	107	77the covered organization pursuant to subsection (b) of section 4 of this chapter.
108	108	78 (b) The employee’s written authorization shall include:
109	109	79 (i) the name and residential address of the contributing employee;
110	110	80 (ii) the name and address of the employer;
111	111	81 (iii) the occupation of any contributing employee who has authorized deduction of a
112	112	82contribution of $200 or more or of periodic contributions that in the aggregate exceed or may
113	113	83exceed $200 within any one calendar year;
114	114	84 (iv) the name and address of the not-for-profit organization or candidate or other political
115	115	85committee to which the employee wishes to contribute;
116	116	86 (v) the amount of the contribution to be deducted in each pay period; provided, however,
117	117	87that the minimum amount of such contribution shall be $2.00;
118	118	88 (vi) a statement that the contributing employee’s authorization may be revoked by the
119	119	89employee at any time by written notice from the employee to the employer; and
120	120	90 (vii) the date upon which such authorization was signed.
121	121	91 (c) An authorization is valid for each subsequent pay period until the employee revokes
122	122	92the authorization in writing and transmits the revocation to the employer. 6 of 8
123	123	93 (d) The employer shall provide a copy of any written authorization or revocation that it
124	124	94receives to the not-for-profit organization or candidate or other political committee to which it
125	125	95pertains within 5 business days of receipt.
126	126	96 (e) The employer shall commence deductions no later than the first pay period that begins
127	127	9715 or more business days after receipt of the authorization and shall remit the deductions to the
128	128	98covered organization no later than 15 business days after deduction.
129	129	99 (f) An employee may authorize contributions to no more than 2 covered organizations at
130	130	100one time.
131	131	101 (g) Nothing in this chapter is intended to or shall be construed to affect or modify in any
132	132	102way the terms of any collective bargaining agreement.
133	133	103 (h) An employer’s processing of these contributions does not violate section 8 of chapter
134	134	10455 of the General Laws.
135	135	105 (i) An employer’s processing of these contributions does not make them an intermediary
136	136	106or conduit under section 10A of chapter 55 of the General Laws.
137	137	107 (j) The use of authorization cards in this statute is not limited by the specific reference to
138	138	108political action committees in section 9A of chapter 55 of the General Laws.
139	139	109 Section 4. Certification of a not-for-profit organization or candidate or other political
140	140	110committee as a covered organization.
141	141	111 (a) A not-for-profit organization or candidate or other political committee seeking to be
142	142	112certified as a covered organization pursuant to this chapter must provide the attorney general
143	143	113with the following: 7 of 8
144	144	114 (i) The name, address, email address, and phone number of the not-for-profit organization
145	145	115or candidate or other political committee;
146	146	116 (ii) Proof of current status as a not-for-profit organized under 26 U.S.C. section 501(c)(4)
147	147	117and incorporated under the laws of the state of its incorporation or candidate or other political
148	148	118committee registered with the Massachusetts Office of Campaign and Political Finance; and
149	149	119 (iii) Proof that the not-for-profit organization or candidate or other political committee
150	150	120has obtained payroll deduction authorization pursuant to subsection (b) of section 3 of this
151	151	121chapter from 10 or more residents of the commonwealth.
152	152	122 (b) The attorney general shall provide written notice to the not-for-profit organization or
153	153	123candidate or other political committee that it has been certified as a covered organization within
154	154	12415 business days of the date that the not-for-profit organization or candidate or other political
155	155	125committee has met the requirements of subsection (a) of this section to the satisfaction of the
156	156	126attorney general.
157	157	127 Section 5. No dues or fees to employee organizations or labor organizations.
158	158	128 Nothing herein shall be construed to require remittances of dues or fees to an employee
159	159	129organization or labor organization.
160	160	130 Section 6. Enforcement.
161	161	131 (a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise
162	162	132of, or the attempt to exercise, any right provided under or in connection with this chapter,
163	163	133including, but not limited to, threatening, intimidating, disciplining, discharging, demoting,
164	164	134harassing, reducing an employee’s hours or pay, informing another employer that an employee 8 of 8
165	165	135has engaged in activities protected by this chapter, or discriminating or retaliating against an
166	166	136employee, and or engaging in any other such action that penalizes an employee for, or is
167	167	137reasonably likely to deter an employee from, exercising or attempting to exercise any right
168	168	138protected under this chapter.
169	169	139 (b) The attorney general shall enforce this chapter, and may obtain injunctive or
170	170	140declaratory relief for this purpose. Violation of this chapter shall be subject to paragraphs (1),
171	171	141(2), (4), (6) and (7) of subsection (b) of section 27C of chapter 149 of the General Laws. An
172	172	142employer who has failed to remit an employee’s deduction to a covered organization shall not be
173	173	143entitled to make a subsequent deduction from such employee for the amount of any deduction it
174	174	144has failed to remit.
175	175	145 Section 7. Attorney General’s adoption of rules and regulations.
176	176	146 The attorney general shall adopt rules and regulations necessary to carry out the purpose
177	177	147and provisions of this chapter.
178	178	148 Section 8. Severability.
179	179	149 If any provision of this act or application thereof to any person or circumstances is judged
180	180	150invalid, the invalidity shall not affect other provisions or applications of this act which can be
181	181	151given effect without the invalid provision or application, and to this end the provisions of this act
182	182	152are declared severable.
183	183	153 SECTION 5. This act shall take effect January 1, 2025.