Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H821 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. 1830 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 821
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Daniel M. Donahue
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 :DATE ADDED:Daniel M. Donahue16th Worcester1/15/2025 1 of 8
16	16	HOUSE DOCKET, NO. 1830 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 821
18	18	By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 821) of
19	19	Daniel M. Donahue for legislation to create a payroll deduction for voluntary contributions to
20	20	not-for-profit social welfare organizations and candidate or other political committees. Election
21	21	Laws.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 679 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act promoting political participation.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 150 of chapter 149 of the General Laws, as appearing in the 2018
33	33	2Official Edition, is hereby amended by inserting after the words “chapter 151”, in line 23, the
34	34	3following words:- or chapter 180B.
35	35	4 SECTION 2. Section 150A of said chapter 149, as so appearing, is hereby amended by
36	36	5inserting after the word “check-off”, in line 4, the following words:- , voluntary contributions to
37	37	6social welfare organizations or political action committees pursuant to chapter 180B.
38	38	7 SECTION 3. Section 8 of chapter 154 of the General Laws, as appearing in the 2018
39	39	8Official Edition, is hereby amended by inserting after the word “plan,”, in line 15, the following 2 of 8
40	40	9words:- or voluntary contributions to social welfare organizations or candidate or other political
41	41	10committees pursuant to chapter 180B,
42	42	11 SECTION 4. The General Laws are hereby amended by adding after chapter 180A the
43	43	12following chapter:-
44	44	13 CHAPTER 180B: PAYROLL DEDUCTIONS TO PROMOTE POLITICAL
45	45	14PARTICIPATION THROUGH VOLUNTARY CONTRIBUTIONS TO NOT-FOR-PROFIT
46	46	15SOCIAL WELFARE ORGANIZATIONS AND CANDIDATE OR OTHER POLITICAL
47	47	16COMMITTEES
48	48	17 Section 1. Findings and public policy.
49	49	18 The general court hereby finds that many low-income residents of Massachusetts face
50	50	19substantial obstacles to participating fully in the public and political life of their communities;
51	51	20that financial barriers, including lack of access to credit cards and banking services, often prevent
52	52	21these residents from contributing financially to not-for-profit social welfare organizations and
53	53	22candidate or other political committees that engage in the political process and help shape the
54	54	23policies that affect residents’ lives; and that a payroll deduction mechanism would promote
55	55	24political participation by enabling individuals to authorize small, regular deductions from their
56	56	25pay at levels they can afford to contribute to political and advocacy organizations, eliminating
57	57	26transaction costs for such contributions and permitting greater numbers of Massachusetts
58	58	27residents to engage in the political process and to participate in community and civic life.
59	59	28 It is therefore declared to be the policy of the commonwealth to create a payroll
60	60	29deduction mechanism for enabling voluntary contributions to not-for-profit social welfare
61	61	30organizations and candidate or other political committees, available to any individual employed 3 of 8
62	62	31by an employer with a system of payroll deduction and without cost to the individual or to the
63	63	32employer.
64	64	33 Section 2. Definitions.
65	65	34 As used in sections 1 through 7, inclusive, of this chapter, the following words shall have
66	66	35the following meanings:
67	67	36 “Covered organization” shall mean any not-for-profit organization that is organized under
68	68	37the Internal Revenue Code, 26 U.S.C. sections 501(c)(4) and certified by the attorney general
69	69	38pursuant to this chapter or any candidate or other political committee that is organized in
70	70	39accordance with chapter 55 of the General Laws and regulations of the Massachusetts Office of
71	71	40Campaign and Political Finance and certified by the attorney general pursuant to this chapter;
72	72	41provided, however, that the not-for-profit organization or candidate or other political committee
73	73	42has obtained authorization pursuant to section 3 of this chapter from 10 or more residents of the
74	74	43commonwealth, provided further that each such authorization shall be valid for a period of 6
75	75	44months from when it was dated and signed.
76	76	45 “Employee'' shall mean any person employed by an employer, including any person
77	77	46considered to be an employee under section 148B of chapter 149 of the General Laws and any
78	78	47person covered by the definition of “employee” in the Fair Labor Standards Act, 29 U.S.C.
79	79	48section 203(e).
80	80	49 “Employee organization” shall mean an organization as defined in section 1 of chapter
81	81	50150E of the General Laws. 4 of 8
82	82	51 “Employer'' shall mean any individual, company, corporation, partnership, labor
83	83	52organization, unincorporated association or any other private legal business or other private
84	84	53entity, whether organized on a profit or not-for-profit basis, including any person acting directly
85	85	54or indirectly in the interest of an employer. The term “employer” shall include the
86	86	55commonwealth or any body of the commonwealth, including the legislature, judiciary, any
87	87	56boards, departments, and commissions thereof or authorities, all political subdivisions of the
88	88	57commonwealth and all districts.
89	89	58 “Labor organization” shall mean an organization as defined in the National Labor
90	90	59Relations Act, 29 U.S.C. section 152(5) or as defined in section 2 of chapter 150A of the General
91	91	60Laws.
92	92	61 “Remittance” shall mean a voluntary contribution duly authorized in writing by an
93	93	62employee, to be deducted from the employee's pay and remitted to a covered organization
94	94	63pursuant to this chapter.
95	95	64 “In writing” or “written” denotes a tangible or electronic record of a communication or
96	96	65representation, including handwriting, typewriting, printing, photo-stating, photography, audio or
97	97	66video recording, and any “electronic signature,” as defined by section 2 of chapter 110G of the
98	98	67General Laws.
99	99	68 Section 3. Requirement to deduct and remit voluntary contributions to covered
100	100	69organizations; standards for valid authorization; revocation of authorization, timely remittance.
101	101	70 (a) An employer shall, upon written authorization of an employee, deduct voluntary
102	102	71contributions from the employee’s pay and remit them to a covered organization designated by
103	103	72the employee, minus a reasonable administrative fee for processing such deduction and 5 of 8
104	104	73remittance determined pursuant to regulations adopted by the attorney general except as
105	105	74precluded by subsection (g) of this section; provided, however, that the employee or covered
106	106	75organization has provided to the employer documentation that the attorney general has certified
107	107	76the covered organization pursuant to subsection (b) of section 4 of this chapter.
108	108	77 (b) The employee’s written authorization shall include:
109	109	78 (i) the name and residential address of the contributing employee;
110	110	79 (ii) the name and address of the employer;
111	111	80 (iii) the occupation of any contributing employee who has authorized deduction of a
112	112	81contribution of $200 or more or of periodic contributions that in the aggregate exceed or may
113	113	82exceed $200 within any one calendar year;
114	114	83 (iv) the name and address of the not-for-profit organization or candidate or other political
115	115	84committee to which the employee wishes to contribute;
116	116	85 (v) the amount of the contribution to be deducted in each pay period; provided, however,
117	117	86that the minimum amount of such contribution shall be $2.00;
118	118	87 (vi) a statement that the contributing employee’s authorization may be revoked by the
119	119	88employee at any time by written notice from the employee to the employer; and
120	120	89 (vii) the date upon which such authorization was signed.
121	121	90 (c) An authorization is valid for each subsequent pay period until the employee revokes
122	122	91the authorization in writing and transmits the revocation to the employer. 6 of 8
123	123	92 (d) The employer shall provide a copy of any written authorization or revocation that it
124	124	93receives to the not-for-profit organization or the candidate or other political committee to which
125	125	94it pertains within 5 business days of receipt.
126	126	95 (e) The employer shall commence deductions no later than the first pay period that begins
127	127	9615 or more business days after receipt of the authorization and shall remit the deductions to the
128	128	97covered organization no later than 15 business days after deduction.
129	129	98 (f) An employee may authorize contributions to no more than 2 covered organizations at
130	130	99one time.
131	131	100 (g) Nothing in this chapter is intended to or shall be construed to affect or modify in any
132	132	101way the terms of any collective bargaining agreement.
133	133	102 (h) An employer’s processing of these contributions does not violate Section 8 of Chapter
134	134	10355 of the General Laws.
135	135	104 (i) An employer’s processing of these contributions does not make them an intermediary
136	136	105or conduit under Section 10A of Chapter 55 of the General Laws.
137	137	106 (j) The use of authorization cards in this statute is not limited by the specific reference to
138	138	107political action committees in Section 9A of Chapter 55 of the General Laws.
139	139	108 Section 4. Certification of a not-for-profit organization or a candidate or other political
140	140	109committee as a covered organization.
141	141	110 (a) A not-for-profit organization or a candidate or other political committee seeking to be
142	142	111certified as a covered organization pursuant to this chapter must provide the attorney general
143	143	112with the following: 7 of 8
144	144	113 (i) The name, address, email address, and phone number of the not-for-profit organization
145	145	114or the candidate or other political committee;
146	146	115 (ii) Proof of current status as a not-for-profit organized under 26 U.S.C. section 501(c)(4)
147	147	116and incorporated under the laws of the state of its incorporation or as a candidate or other
148	148	117political committee registered with the Massachusetts Office of Campaign and Political Finance;
149	149	118and
150	150	119 (iii) Proof that the not-for-profit organization or the candidate or other political
151	151	120committee has obtained payroll deduction authorization pursuant to subsection (b) of section 3 of
152	152	121this chapter from 10 or more residents of the commonwealth.
153	153	122 (b) The attorney general shall provide written notice to the not-for-profit organization or
154	154	123the candidate or other political committee that it has been certified as a covered organization
155	155	124within 15 business days of the date that the not-for-profit organization or the candidate or other
156	156	125political committee has met the requirements of subsection (a) of this section to the satisfaction
157	157	126of the attorney general.
158	158	127 Section 5. No dues or fees to employee organizations or labor organizations.
159	159	128 Nothing herein shall be construed to require remittances of dues or fees to an employee
160	160	129organization or labor organization.
161	161	130 Section 6. Enforcement.
162	162	131 (a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise
163	163	132of, or the attempt to exercise, any right provided under or in connection with this chapter,
164	164	133including, but not limited to, threatening, intimidating, disciplining, discharging, demoting, 8 of 8
165	165	134harassing, reducing an employee’s hours or pay, informing another employer that an employee
166	166	135has engaged in activities protected by this chapter, or discriminating or retaliating against an
167	167	136employee, and or engaging in any other such action that penalizes an employee for, or is
168	168	137reasonably likely to deter an employee from, exercising or attempting to exercise any right
169	169	138protected under this chapter.
170	170	139 (b) The attorney general shall enforce this chapter, and may obtain injunctive or
171	171	140declaratory relief for this purpose. Violation of this chapter shall be subject to paragraphs (1),
172	172	141(2), (4), (6) and (7) of subsection (b) of section 27C of chapter 149 of the General Laws. An
173	173	142employer who has failed to remit an employee’s deduction to a covered organization shall not be
174	174	143entitled to make a subsequent deduction from such employee for the amount of any deduction it
175	175	144has failed to remit.
176	176	145 Section 7. Attorney General’s adoption of rules and regulations.
177	177	146 The attorney general shall adopt rules and regulations necessary to carry out the purpose
178	178	147and provisions of this chapter.
179	179	148 Section 8. Severability.
180	180	149 If any provision of this act or application thereof to any person or circumstances is judged
181	181	150invalid, the invalidity shall not affect other provisions or applications of this act which can be
182	182	151given effect without the invalid provision or application, and to this end the provisions of this act
183	183	152are declared severable.
184	184	153 SECTION 5. This act shall take effect January 1, 2027.