Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is in part, to immediately further regulate public financing of political campaigns, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 3 of the General Laws is hereby amended by striking out sections 39 to 44, inclusive, as appearing in the 1992 Official Edition, and inserting in place thereof the following six sections:-

Section 39. As used in sections thirty-nine to fifty, inclusive, the following words shall, unless the context clearly indicates otherwise, have the following meanings:-

"Authority", any public instrumentality of the commonwealth which is not subject to the supervision and control of either the legislative, executive or judicial departments of state government, or of any city, town, or county within the commonwealth, and which does not receive state appropriations either for operations or the payment of debt obligations. Notwithstanding the foregoing provisions, the following entities shall be considered to be authorities: Bay State Skills Corporation, Boston Metropolitan District, centers of excellence, Community Economic Development Assistance Corporation, Community Development Finance Corporation, Government Land Bank, Massachusetts Bay Transportation Authority, Massachusetts Business Development Corporation, Massachusetts Convention Center Authority, Massachusetts Corporations for Educational Telecommunications, Massachusetts Educational Loan Authority, Massachusetts Health and Educational Facilities Authority, Massachusetts Higher Education Assistance Corporation, Massachusetts Housing Finance Agency, Massachusetts Industrial Finance Agency, Massachusetts Industrial Service Program, Massachusetts Legal Assistance Corporation, Massachusetts Municipal Wholesale Electric Company, Massachusetts Port Authority, Massachusetts Product Development Corporation, Massachusetts Technology Development Corporation, Massachusetts Technology Park Corporation, Massachusetts Turnpike Authority, Massachusetts Water Resources Authority, Nantucket land bank, Pension Reserves Investment Management Board, State College Building Authority, Southeastern Massachusetts University Building Authority, Thrift Institutions Fund for Economic Development, University of Lowell Building Authority, University of Massachusetts Building Authority, Victim and Witness Board, Woods Hole, Martha's Vineyard, and Nantucket Steamship Authority, Worcester Business Development Corporation, the several regional transit authorities, the several regional school districts, the several solid waste districts, the several water, sewer, and fire districts, the several local housing authorities, the several local redevelopment authorities, and the several home care corporations.

"Executive agent", a person who for compensation or reward does any act to influence the decision of any employee of the executive branch or an authority, including but not limited to statewide constitutional officers and employees thereof, in the area of policy or procurement or where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto. The term "executive agent" shall include a person who, as part of his regular and usual employment and not simply incidental thereto, attempts to influence any such employee of the executive branch or an authority in decisions in the area of policy or procurement or where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto, whether or not any compensation in addition to the salary for such employment is received for such services; provided, however, that for purposes of this definition a person shall be presumed to engage in activity covered by this definition in a manner that is only incidental to his regular and usual employment if he spends less than five percent of his working hours on any matter or matters covered by this definition during any calendar year.

"Legislation", bills, resolutions and proposals of every kind, character or description considered by the general court or any committee thereof, or the governor.

"Legislative agent", a person who for compensation or reward does any act to promote, oppose or influence legislation, or to promote, oppose or influence the governor's approval or veto thereof. The term "legislative agent" shall include a person who, as part of his regular and usual employment and not simply incidental thereto, attempts to promote, oppose or influence legislation, or the governor's approval or veto thereof, whether or not any compensation in addition to the salary for such employment is received for such services; provided, however, that for purposes of this definition a person shall be presumed to engage in activity covered by this definition in a manner that is only incidental to his regular and usual employment if he spends less than five percent of his working hours on any matter or matters covered by this definition during any calendar year.

Section 40. A person employing or agreeing to employ an executive or legislative agent shall, within one week after such employment or agreement, cause the name of such agent to be entered in the docket as provided in section forty-one. The agent shall, within ten days, also enter his name upon such docket.

The termination of such employment shall be entered opposite the name of such agent either by such agent or by such employer.

Section 41. The state secretary shall keep a docket in which shall be entered the names of all persons who are employed as executive or legislative agents. Such entries shall include the name, business address and the employer's business interests which may be affected by decisions of employees of the executive branch or an authority, including but not limited to, statewide constitutional officers and employees thereof, or legislation; the name, business address and business interests which may be affected by decisions of such employees of the executive branch or an authority or legislation, in whose behalf the executive or legislative agent is retained or employed if said person is not the direct employer, the name and residence of the executive or legislative agent, the date of the employment or agreement therefor and the duration of the employment status, if ascertainable.

The state secretary shall assess each executive and legislative agent a reasonable filing fee upon entering said agent's name upon the docket. Said fee shall be determined by the costs of maintaining said docket. The state secretary shall apply said fee to the costs of maintaining said docket.

Every executive and legislative agent shall, within ten days after entering his name upon the docket, file with the state secretary a written authorization to act as such agent, signed by the employer on whose behalf the executive or legislative agent assumes to act and shall provide three photographs of said agent to the state secretary.

Upon receipt of said notification required in section forty from the employer of an executive or legislative agent, the state secretary shall issue to each executive and legislative agent a non-transferable identification card which shall include, but not be limited to, a photograph and the address and name of the employer or employers of said executive or legislative agent.

All information required to be filed under the provisions of this section shall be compiled by the state secretary and shall be organized alphabetically according to the name of the person whose name is entered upon the docket and such files shall be open and accessible for public inspection during normal business hours.

Section 42. No person shall make any agreement whereby any compensation or thing of value is to be paid to any person contingent upon the decision of any employee of the executive branch or an authority, including but not limited to, statewide constitutional officers and employees thereof, or the passage or defeat of any legislation or the approval or veto of any legislation by the governor. No person shall agree to undertake to influence the decision of such an employee of the executive branch or an authority or to communicate with such employees of the executive branch or an authority or to promote, oppose or influence legislation or to communicate with members of the legislature, or to advocate approval or veto by the governor for consideration to be paid upon the contingency of the outcome of a decision of such an employee of the executive branch or an authority or that any legislation is passed or defeated.

Section 43. On or before the fifteenth day of April, complete from January first through March thirty-first; the fifteenth day of July, complete from April first through June thirtieth; the fifteenth day of October, complete from July first through September thirtieth; and the fifteenth day of January, complete from October first through December thirty-first of the preceding year, every executive and legislative agent appearing on the docket shall render to the state secretary an itemized statement, under oath, listing all campaign contributions as defined in section one of chapter fifty-five; all expenditures, and the total amount thereof, incurred, contributed or paid during the reporting period in the course of his employment as an executive or legislative agent and all expenditures made for or on behalf of statewide constitutional officers, employees of such offices, members of the general court, employees of the general court, employees of the executive branch and employees of an authority, incurred or paid during the reporting period, except that the executive or legislative agent shall not be required to report such expenditures not in the course of his employment made for or on behalf of the immediate family of such executive or legislative agent or a relative within the third degree of consanguinity of the executive or legislative agent or of his spouse or the spouse of any such relative; and except that in the case of all expenditures the executive or legislative agent shall not be required to itemize the expenditures of any one day in which the amount incurred or paid did not total thirty-five dollars or more. Such itemized accounting shall include, but not be limited to, specific expenditures for meals, gifts, transportation, entertainment, advertising, public relations, printing, mailing and telephone; and shall also include the names of the payees and the amount paid to each payee and shall further include the names of the candidate or political committee to whom or to which the contribution was made, and the amount and date of each contribution.

When such expenditure is for meals, entertainment or transportation, said expenditure shall be identified by date, place, amount, and the names of all persons in the group partaking in or of such meal, entertainment or transportation. No expenditure shall be split or divided for the purpose of evading any provision of the section. The state secretary shall, within thirty days of receipt of such accounting, notify persons whose names appear therein as having received campaign contributions, meals, transportation or entertainment, as to the nature of the contribution or expenditure claimed, the date and amount of the contribution or expenditure, and the person or persons who reported the contribution or expenditure.

Every executive and legislative agent shall include in the statement required by this section a list of all bill numbers of legislation the executive or legislative agent acted to promote, oppose or influence during the reporting period in the course of his employment. The disclosure shall only be required if the executive or legislative agent specifically referenced the bill number while acting to promote, oppose or influence legislation.

The state secretary shall assess a penalty for any statement which is filed by an executive or legislative agent later than the prescribed date; or, if such statement has been filed by mailing, where the postmark on such mailing is later than the prescribed date. Said penalty shall be in the amount of two hundred and fifty dollars when such statement has been filed ten days late or less, and in the amount of five hundred dollars when such statement is more than ten days late; provided, however, that the state secretary may waive said penalty for good cause. A waiver for good cause shall not be granted for statements filed more than sixty days late by executive or legislative agents, or groups and organizations employing executive or legislative agents, which have never filed or have never been required to file such statements. In all other instances no waiver for good cause shall be granted when a statement has been filed more than thirty days late.

The state secretary shall prescribe and make available the appropriate statement forms which shall be open and accessible for public inspection during normal working hours.

Notwithstanding the provisions of any general or special law to the contrary, no executive or legislative agent shall knowingly offer or knowingly give to any public official or public employee, as defined in section one of chapter two hundred and sixty-eight B, or to a member of such person's immediate family any gift, as defined in said section one of said chapter two hundred and sixty-eight B, of any kind or nature, nor knowingly pay for any meal, beverage, or other item to be consumed by such public official or employee, whether or not such gift or meal, beverage or other item to be consumed is offered, given or paid for in the course of such agent's business or in connection with a personal or social event; provided, however, that an executive or legislative agent shall not be prohibited from offering or giving to a public official or public employee who is a member of his immediate family or a relative within the third degree of consanguinity or of such agent's spouse or the spouse of any such relative any meal, beverage or item to be consumed.

Section 44. On or before the fifteenth day of April, complete from January first through March thirty-first; the fifteenth day of July, complete from April first through June thirtieth; the fifteenth day of October, complete from July first through September thirtieth; and the fifteenth day of January, complete from October first through December thirty-first of the preceding year, any group or organization, however constituted, not employing an executive or legislative agent which as part of an organized effort, expends in excess of two hundred and fifty dollars during any calendar year to promote, oppose, or influence legislation, or the governor's veto or approval thereof, or to influence the decision of any employee of the executive branch or an authority, including but not limited to statewide constitutional officers and employees thereof, in the area of policy or procurement or where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto shall register with the state secretary by rendering a statement, under oath, containing the names and addresses of the principals of such group or organization, the purposes of the organization, the decisions of such employees of the executive branch or an authority or legislation which affects those purposes, the total amount of expenditures, incurred or paid during the reporting period in furtherance of the foregoing objectives and an itemized statement containing all expenditures made for or on behalf of statewide constitutional officers, employees of such offices, members of the general court, employees of the general court, employees of the executive branch and employees of an authority. Such itemized accounting shall include, but shall not be limited to, specific expenditures for meals, transportation, entertainment, advertising, public relations, printing, mailing and telephone and the names of the payees and the amount paid to each payee. Where such expenditure is for meals, entertainment or transportation, said expenditure shall be identified by date, place, amount, and the names of all persons in the group partaking in, or of, such meal, entertainment or transportation. The itemized accounting shall also include a list of all campaign contributions, as defined in section one of chapter fifty-five, made by the group to a political candidate or committee, the name of each candidate or committee, the amount contributed and the date of the contribution. The statement of the group or organization shall also include a listing of the names and addresses of every person, group or organization from whom fifteen dollars or more was contributed during the year for the objectives hereinabove stated. No expenditure or contribution shall be split or divided for the purpose of evading any provision of this section. The state secretary shall prescribe and make available the appropriate statement forms which after being completed and filed with the secretary shall be organized alphabetically according to the name of the group and such files shall be open and accessible for public inspection during normal business hours.

The state secretary shall assess a penalty for any statement which is filed by such a group or organization later than the prescribed date; or, if such statement has been filed by mailing, where the postmark on such mailing is later than the prescribed date. Said penalty shall be in the amount of one hundred dollars when such statement has been filed ten days late or less, and in the amount of two hundred and fifty dollars when such statement is more than ten days late; provided, however, that the state secretary may waive said penalty for good cause. A waiver for good cause shall not be granted for statements filed more than sixty days late by executive or legislative agents, or groups and organizations employing executive or legislative agents, which have never filed or have never been required to file such statements. In all other instances no waiver for good cause shall be granted when a statement has been filed more than thirty days late.

This section shall not apply to any group or organization that (i) does not employ an executive or legislative agent; (ii) is required to file under another section of this chapter; (iii) does not realize a profit; (iv) does not make a contribution, as defined in section one of chapter fifty-five, to a political candidate or committee; (v) does not pay a salary or fee to any member for any activities performed for the benefit of the group or organization; and (vi) expends two thousand dollars or less during any calendar year to promote, oppose, or influence legislation, or the governor's veto or approval thereof, or to influence the decision of any employee of the executive branch or an authority, including but not limited to statewide constitutional officers and employees thereof, in the area of policy or procurement or where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto.

SECTION 2. Section 45 of said chapter 3, as so appearing, is hereby amended by striking out, in line 2, the word "a", the second time it appears, and inserting in place thereof the words:- an executive or.

SECTION 3. Said section 45 of said chapter 3, as so appearing, is hereby amended by inserting after the word "as", in line 6, the following words:- an executive or.

SECTION 4. Section 46 of said chapter 3, as so appearing, is hereby further amended by inserting after the word "of", in line 1, the following words:- executive and.

SECTION 5. Said chapter 3 is hereby further amended by striking out section 47, as so appearing, and inserting in place thereof the following section:-

Section 47. On or before the fifteenth day of April, complete from January first through March thirty-first; the fifteenth day of July, complete from April first through June thirtieth; the fifteenth day of October, complete from July first through September thirtieth; and the fifteenth day of January, complete from October first through December thirty-first of the preceding year, every employer of an executive or legislative agent whose name appears upon the docket shall render to the state secretary a complete and detailed itemized statement, under oath, listing all expenditures incurred or paid separately by such employer during the reporting period in connection with promoting, opposing or influencing legislation, or the governor's approval or veto thereof, or to influence the decision of any employee of the executive branch or an authority, including but not limited to, statewide constitutional officers and employees thereof, in the area of policy or procurement or where such decision concerns legislation or the adoption, defeat or postponement of a standard, rate, rule or regulation pursuant thereto and all expenditures for or on behalf of the statewide constitutional officers, employees of such offices, members of the general court, employees of the general court, employees of the executive branch and employees of an authority, and the total amount thereof incurred or paid separately by such employer during the reporting period; and except that in the case of all expenditures the employer shall not be required to itemize the expenditures of any one day in which the amount incurred or paid did not total thirty-five dollars or more. Such itemized accounting shall include, but shall not be limited to, specific expenditures for meals, gifts, transportation, entertainment, advertising, public relations, printing, mailing, and telephone; and the names of the payees and the amount paid to each payee; and shall further include the names of the candidate or political committee to whom or to which the contribution was made and the amount and date of each contribution. Where such expenditure is for meals, entertainment or transportation, said expenditure shall be identified by the date, place, amount, and names of all persons in the group partaking in, or of, such meal, entertainment, or transportation. When such compensation is included as part of a regular salary or retainer, the statement shall specify the amount of the agent's salary or retainer allocable to his legislative duties. If no such apportionment is possible, the statement shall indicate such impossibility and disclose the full salary or retainer. No expenditure shall be split or divided for the purpose of evading any provision of this section.

The state secretary shall assess a penalty for any statement which is filed by such an employer later than the prescribed date; or, if such statement has been filed by mailing, where the postmark on such mailing is later than the prescribed date. Said penalty shall be in the amount of two hundred and fifty dollars when such statement has been filed ten days late or less, and in the amount of five hundred dollars when such statement is more than ten days late; provided, however that the state secretary may waive said penalty for good cause. A waiver for good cause shall not be granted for statements filed more than sixty days late by executive or legislative agents, or groups and organizations employing executive or legislative agents, which have never filed or have never been required to file such statements. In all other instances no waiver for good cause shall be granted when a statement has been filed more than thirty days late.

The state secretary shall prescribe and make available the appropriate statement forms which after being completed and filed with the secretary shall be organized alphabetically, according to the name of the employer and such files shall be open and accessible for public inspection during normal business hours.

SECTION 6. Section 48 of said chapter 3, as so appearing, is hereby amended by inserting after the word "as", in lines 4 and 6, in each instance, the following words:- an executive or.

SECTION 7. Section 43 of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out subparagraphs (a) and (b) and inserting in place thereof the following two subparagraphs:-

(a) Fifty percent of the fund shall be allocated to the primary election account which shall be further subdivided into as many primary candidate accounts as there are candidates for statewide elective office who have been certified by the director of campaign and political finance as eligible for public financing pursuant to section four of chapter fifty-five A. Each primary candidate account of a candidate for governor so certified shall first be credited with seven hundred and fifty thousand dollars; provided, however, that if the primary election account does not contain sufficient funds, said amount shall be proportionately reduced accordingly. Thereafter, funds remaining in the primary election account shall be proportionately allocated in equal amounts to the remaining primary candidate accounts.

(b) Fifty percent of the fund shall be allocated to the state election account. On or before the fourth Tuesday preceding the state election, the state election account shall be further subdivided into as many state election candidate accounts as there are candidates for statewide elective office who have been certified by the director of campaign and political finance as eligible for public financing pursuant to section six of chapter fifty-five A; provided, however, that one state election candidate account only shall be established for each governor and lieutenant governor team of candidates. Each state election candidate account for a team of candidates for governor and lieutenant governor so certified shall first be credited with seven hundred and fifty thousand dollars; provided, however, that if the state election account does not contain sufficient funds, said amount shall be proportionately reduced accordingly. Thereafter, funds remaining in the state election account shall be proportionately allocated in equal amounts to the remaining state election candidate accounts.

SECTION 8. Section 9 of chapter 53 of the General Laws, as so appearing, is hereby amended by adding the following two sentences:- No nomination paper for statewide elective office, as defined in section one of chapter fifty-five A, shall be received or be valid unless accompanied by a receipt from the director of campaign and political finance verifying the fact that the candidate has filed with said director the statement required by subsection (a) of section one A of said chapter fifty-five A. The name of a candidate who fails to file any statement within the time required by said section one A shall not appear on the state primary or state election ballot.

SECTION 9. Section 1 of chapter 55 of the General Laws, as so appearing, is hereby amended by inserting before the definition of "Candidate" the following definition:-

"Ballot question committee", a political committee which receives or expends money or other things of value for the purpose of favoring or opposing the adoption or rejection of a specific question or questions submitted to the voters including, without limitation, a charter change, an initiative or referendum question or a constitutional amendment.

SECTION 10. Said section 1 of said chapter 55, as so appearing, is hereby further amended by inserting after the definition of "Candidate" the following definition:-

"Candidate's committee", the political committee organized on behalf of a candidate, as provided in section five. The term "candidate's committee" shall also apply to the campaign fund of a candidate who has not organized a political committee for the purpose of carrying out the election campaign of such candidate or who receives contributions or makes expenditures independently of said committee.

SECTION 11. The definition of "Contribution" in said section 1 of said chapter 55, as so appearing, is hereby amended by inserting after the word "contribution", in line 54, the following words:- ; provided, further, that any transfer, payment or advance or any other thing of value from the national committee of a political party to the state committee of a political party, to be used for administrative, overhead, or party building activities, but not including any direct contributions or services to candidates shall not be considered to be a contribution.

SECTION 12. Said section l of said chapter 55, as so appearing, is hereby further amended by inserting after the definition of "Election" the following definition:-

"Executive agent", an executive agent as defined in section thirty-nine of chapter three.

SECTION 13. Said section 1 of said chapter 55, as so appearing, is hereby further amended by inserting after the definition of "Expenditure" the following two definitions:-

"Legislative agent", a legislative agent as defined in section thirty-nine of chapter three.

"Political action committee", a political committee which is not a candidate's committee, a political party committee nor a ballot question committee; provided, however, that a political committee which does not receive contributions from any individual that exceed one hundred dollars in any calendar year, which has been in existence for six months or more and which contributes to five or more candidates shall not be a political action committee; provided, further, that said one hundred dollar amount shall be indexed biennially for inflation by the director, who, not later than December thirty-first of each odd numbered year, shall calculate and publish such index amount, using the federal consumer price index for the Boston statistical area.

SECTION 14. Said section 1 of said chapter 55, as so appearing, is hereby further amended by inserting after the definition of "Political committee" the following definition:-

"Political party committee", a political committee organized on behalf of a political party, as defined in section one of chapter fifty, whether elected or non-elected.

SECTION 15. Said section 1 of said chapter 55, as so appearing, is hereby further amended by adding the following paragraph:-

Notwithstanding any other provisions of this chapter, communications from a membership organization, not including a corporation subject to section eight, to its members and their families on any subject shall not be deemed to be a contribution or expenditure.

SECTION 16. Clause (1) of section 2 of said chapter 55, as so appearing, is hereby amended by striking out, in lines 15 to 22, inclusive, the words "provided, however, that any contribution resulting from any purchases from a candidate or a person acting on his behalf, whether through the device of tickets, advertisements, or otherwise, for any fund-raising activities, including testimonials, held on behalf of said candidate, regardless of the purpose of said activity, shall not be included with the accounts of those contributions described herein, but shall be included with those accounts of contributions in clauses (2) and (4).

SECTION 17. Said section 2 of said chapter 55, as so appearing, is hereby further amended by striking out clauses (2) to (8), inclusive, and inserting in place thereof the following three clauses:-

(2) the amount or value and date of each contribution made in a reporting period, which is not otherwise included under clause (1);

(3) the full name and address of each person to whom an expenditure is made in excess of fifty dollars in a reporting period, a receipted bill stating the particulars of each such expenditure, including the amount or value, date and purpose of each such expenditure;

(4) the amount or value, date and purpose of each expenditure made in a reporting period, which is not otherwise included under clause (3).

SECTION 18. Said section 2 of said chapter 55, as so appearing, is hereby further amended by inserting after the second paragraph the following paragraph:-

In addition to the information otherwise required by this section, a candidate shall keep and preserve accounts including the occupation and employer or employers of each person who has made a contribution in an amount or value of two hundred dollars or more in any one calendar year, and such information for each contribution of less than two hundred dollars, if the aggregate of all contributions received from such contributor within any one calendar year is two hundred dollars or more; provided, however, that a candidate shall satisfy such requirement of including said occupation and employer by requesting a contributor's occupation and employer at the time a contribution is solicited and making one additional written request. A candidate's committee shall be allowed to keep any such contribution if such candidate has complied with the provisions of this paragraph.

SECTION 19. Section 3 of said chapter 55, as so appearing, is hereby amended by adding the following paragraph:-

The director shall assess a civil penalty for any report, statement or affidavit required to be filed with him, or with any city or town clerk upon written notice to him from such clerk, pursuant to the provisions of this chapter which is filed later than the prescribed date. Said civil penalty shall be in the amount of ten dollars per day; provided, however, that the maximum penalty the director may assess shall be no greater than twenty-five hundred dollars for any one report, statement or affidavit which is filed later than the prescribed date. The director may waive all or part of any civil penalty for good cause; provided, however, that such finding and the reasons therefor are in writing. In the case of failure to file by a candidate or a candidate's committee, the civil penalty shall be assessed against the candidate; and in all other instances, the civil penalty shall be assessed against the treasurer of the political committee or other person or persons required to file such report, statement or affidavit.

SECTION 20. The second paragraph of section 5 of said chapter 55, as so appearing, is hereby amended by striking out clause (1) and inserting in place thereof the following clause:-

(1) the full name of the political committee, which, if organized on behalf of a candidate, shall include the name of the candidate in said name; which, if not organized on behalf of a candidate, shall include the full words represented by any abbreviations, initials or acronyms in said name; and which, if a political action committee, shall include the words "Political Action Committee" in said name;.

SECTION 21. Said second paragraph of said section 5 of said chapter 55, as so appearing, is hereby further amended by striking out clause (3) and inserting in place thereof the following clause:-

(3) a statement of the purpose for which the political committee is organized which shall include, except for political party committees and candidate's committees, a list of specific issues in which the committee takes an interest, and a list of specific interests, including but not limited to business, charitable, educational, or other interests represented by the committee, or by a significant proportion of its officers, members or donors.

SECTION 22. Said chapter 55 is hereby further amended by inserting after section 5 the following two sections:-

Section 5A. No candidate or individual holding elective public office shall establish, finance, maintain, control or serve as a principal officer of a political action committee; provided, however, that each of the following may authorize one such political committee to which this section shall not apply: a majority of the members of each political party who are members of the house of representatives, and a majority of the members of each political party who are members of the senate.

Section 5B. (a) Every political committee, other than a political party committee or a candidate's committee, shall name and identify itself in its organizational statement pursuant to section five by using a name or phrase that:

(i) clearly identifies the economic or other special interest, if identifiable, of a majority of its contributors; and

(ii) if a majority of its contributors share a common employer, that identifies the employer.

(b) If the economic or other special interest or common employer are not identifiable under subsection (a), every such political committee shall name and identify itself in its organizational statement using a name or phrase:

(i) that clearly identifies the economic or other special interest, if identifiable, of a majority of its organizers; and

(ii) if a majority of its organizers share a common employer, that identifies the employer; and

(iii) if the committee is organized, financed, controlled or maintained by an individual, that identifies said individual.

(c) No political committee shall use any name other than the name included in its organizational statement.

SECTION 23. Section 6 of said chapter 55, as so appearing, is hereby amended by inserting after the word "candidate", in line 9, the following words:- , except that such committee may contribute to a political committee of a political party, provided that: (a) the aggregate of all contributions to any one such political committee shall not exceed the sum of one hundred dollars in any one calendar year; and (b) the aggregate of all such contributions shall not exceed the sum of fifteen hundred dollars in any one calendar year.

SECTION 24. The third paragraph of said section 6 of said chapter 55, as so appearing, is hereby amended by striking out the first and second sentences and inserting in place thereof the following two sentences:- Except as otherwise provided in section six A or six B, a political committee not organized on behalf of an individual candidate may contribute to another political committee not organized on behalf of an individual candidate; provided, however, that the aggregate of all such contributions for the benefit of the political committees of any one political party shall not exceed in any one calendar year the sum of five thousand dollars; and provided, further, that the aggregate of all such contributions for the benefit of any one such political committee other than a political party committee shall not exceed in any one calendar year the sum of five hundred dollars. A political committee not organized on behalf of an individual candidate, other than a political party committee, may contribute to the campaign fund of a candidate; provided, however, that the aggregate of all such contributions for the benefit of any one candidate and such candidate's committee shall not exceed the sum of five hundred dollars in any one calendar year.

SECTION 25. Said section 6 of said chapter 55, as so appearing, is hereby further amended by inserting after the word "section", in line 65, the following words:- or section six A or six B.

SECTION 26. Said chapter 55 is hereby further amended by inserting after said section 6 the following two sections:-

Section 6A. A candidate and such candidate's committee shall not accept any contribution from a political action committee if such contribution would result in such candidate and such committee together receiving from all political action committees aggregate contributions in any calendar year in excess of the following amounts:

(a) a candidate for governor, including contributions jointly to such candidate for governor and a candidate for lieutenant governor in a state election - one hundred and fifty thousand dollars;

(b) a candidate for lieutenant governor - thirty-one thousand, two hundred and fifty dollars;

(c) a candidate for attorney general - sixty-two thousand, five hundred dollars;

(d) a candidate for state secretary, state treasurer, and state auditor - thirty-seven thousand, five hundred dollars;

(e) a candidate for state senator, county commissioner, governor's councillor, district attorney, clerk of courts, register of probate, registrar of deeds or any other county officer - eighteen thousand, seven hundred and fifty dollars;

(f) a candidate for state representative - seven thousand, five hundred dollars.

Section 6B. A ballot question committee may receive, pay and expend money or other things of value solely for the purpose of favoring or opposing the adoption or rejection of a specific question or questions submitted to the voters. A ballot question committee shall not contribute to any other political committee, except that it may contribute to another ballot question committee if such contribution is consistent with the purpose for which it was organized. A ballot question committee shall not make any expenditure that is primarily for the personal use of any candidate or other person, nor shall it make any expenditure inconsistent with the purpose for which it was organized. A ballot question committee shall not receive, pay or expend money or other things of value for the purpose of influencing the nomination or election of a candidate or for the purpose of aiding or promoting or antagonizing the interest of any political party.

SECTION 27. Said chapter 55 is hereby further amended by striking out section 7, as so appearing, and inserting in place thereof the following two sections:-

Section 7. No person or combination of persons, including a corporation formed under the provisions of chapter one hundred and eighty, shall in connection with any nomination or election receive money or its equivalent, expend or disburse or promise to expend or disburse the same, except as authorized by this chapter. A political committee or a person acting under the authority or on behalf of such a committee may receive money or its equivalent, or expend or disburse or promise to expend or disburse the same for the purpose of aiding or promoting the success or defeat of a candidate at a primary or election or a political party or principle in public election or favoring or opposing the adoption or rejection of a question submitted to the voters, and for other purposes expressly authorized by this chapter subject, however, to the provisions thereof. A candidate may make expenditures without limitation for the purposes of his own campaign and may make campaign contributions without limitation for the benefit of the non-elected political committee organized on his behalf.

Notwithstanding the provisions of any law to the contrary, a candidate shall not loan, per election, more than the following amounts to his candidate's committee: `tu Governor, lieutenant governor $200,000 Secretary of state, treasurer, auditor, attorney general 150,000 State senator 50,000 State representative 30,000

Notwithstanding the provisions of this section and section seven A, an individual of less than eighteen years of age shall not make campaign contributions in an amount in excess of twenty-five dollars in the aggregate during any one calendar year. A candidate required to designate a depository for campaign funds by section nineteen and a person acting for such a candidate or such a political committee shall pay for services rendered or goods sold in excess of the sum of fifty dollars only through or by the means of a check drawn upon such depository and bearing the legend "Campaign Account - (name of candidate or political committee)", and shall secure the signature of the person receiving such check to the following certificate to be printed on all such checks: "The undersigned affirms under the penalties of perjury that he is the named payee of this check or an authorized officer thereof, that he or it performed the services or delivered the goods indicated hereon, that the payment is for the sole purpose of paying for such goods or services and that no person other than the named payee has any interest, direct or indirect, in this payment".

Violation of any provision of this section or section seven A shall be punished by imprisonment for not more than six months or by a fine of not more than five hundred dollars.

Section 7A. (a)(1) An individual may make campaign contributions to candidates or candidate's committees; provided, however, that the aggregate of all such contributions for the benefit of any one candidate and that candidate's committee shall not exceed the sum of five hundred dollars in any calendar year.

(2) An individual may in addition make campaign contributions for the benefit of elected political committees or non-elected political committees organized on behalf of a political party; provided, however, that the aggregate of such campaign contributions for the benefit of the political committees of any one political party shall not exceed in any one calendar year the sum of five thousand dollars.

(3) An individual may in addition make campaign contributions to any political committee not specified in paragraph (1), (2) or (4); provided, however, that the aggregate of such campaign contributions to any one such political committee shall not exceed in any one calendar year the sum of five hundred dollars.

(4) An individual may in addition make contributions without limitation to ballot question committees.

(5) Notwithstanding any other provision of this subsection, the aggregate of all contributions from any one individual to all candidates and candidate's committees shall not exceed the sum of twelve thousand five hundred dollars in any one calendar year.

(b) Notwithstanding any other provision of this chapter, the aggregate of all contributions by a legislative or executive agent for the benefit of any one candidate and such candidate's committee shall not exceed the sum of two hundred dollars in any one calendar year. Notwithstanding any other provision of this chapter, the aggregate of all contributions by a legislative or executive agent to any other political committee, other than a ballot question committee, shall not exceed the sum of two hundred dollars in any one calendar year.

SECTION 28. Said chapter 55 is hereby further amended by inserting after section 8 the following section:-

Section 8A. (1) As used in this section the following words shall have the following meanings:-

"Media organization", any corporation, partnership or trust which owns or controls a television station, including without limitation cable television, a radio station or any other such electronic broadcast media outlet or a newspaper, periodical or any other such print outlet.

"Qualified candidate", any candidate who qualifies to have his name appear on the ballot at an election, whether primary, general, or special election.

(2) A media organization may make time or space available to a qualified candidate at no cost or at reduced cost for the purpose of presentation of the candidate's own political advertising; provided, however, that:-

(a) time of the same duration and the same market value or the same amount of space and the same market value is made available to all other qualified candidates for the same office for the same election; and

(b) the media corporation makes disclosure of its conduct under this section in conformance with rules and regulations promulgated by the director of the office of campaign and political finance.

(3) A media organization acting in conformance with this section shall not be deemed to be in violation of section eight and shall not be deemed to be making a contribution within the meaning of this chapter.

SECTION 29. Said chapter 55 is hereby further amended by inserting after section 10 the following section:-

Section 10A. (a) Contributions made by a person to or on behalf of a particular candidate, including contributions made through an intermediary or conduit, shall be treated as contributions from such person to such candidate.

(b) Contributions made to a candidate, such candidate's agent, such candidate's committee or such candidate's committee's agent, through an intermediary or conduit shall also be treated as contributions from the intermediary or conduit to the candidate, if the intermediary or conduit is:

(1) a political action committee, or an officer, employee or other agent of such political committee;

(2) a legislative or executive agent registered pursuant to section forty-one of chapter three, or a lobbying group or organization registered pursuant to section forty-four of chapter three, or an officer, employee, or agent of such legislative or executive agent or lobbying group or organization acting in its behalf; or

(3) a corporation prohibited by section eight from making contributions or an officer, employee, or agent of such a corporation, acting in its behalf.

(c) For purposes of this section, the following words shall, unless the context clearly indicates otherwise, have the following meanings:-

(1) "Contributions made through an intermediary or conduit", shall mean:

(i) contributions delivered, whether in person or by mail, to a particular candidate or such candidate's authorized committee or agent; and

(ii) contributions to a particular candidate, such candidate's authorized committee, such candidate's agent, or such candidate's committee's agent, in a manner that identifies in writing the person who arranged the making of the contributions.

(2) "Acting in its behalf", shall include using the name or resources of a person described in paragraph (b).

(d) Nothing in this section shall prohibit:

(1) a bona fide joint fund-raising effort conducted solely for the purpose of sponsorship of a fund-raising reception, dinner, or other event, in accordance with rules prescribed by the director by:

(i) two or more state or local committees of a political party acting on their own behalf; or

(ii) a special committee formed by one or more candidates and one or more state or local committees of a political party on their own behalf; or

(2) a fund-raising effort for the benefit of a candidate that is conducted by another candidate acting in his individual capacity.

(e) In all cases where contributions are made by a person either to or on behalf of a particular candidate through an intermediary or conduit, the intermediary or conduit shall report in writing the original source and the intended recipient of such contribution along with other information required by this chapter to the director and to the intended recipient. A candidate or political committee that fails to receive such notice in writing, or equivalent actual notice of a violation of this section, shall not be civilly or criminally liable for any such violation, except to the extent of returning the excess of any contribution made in violation of this section.

(f) Nothing in this section shall be interpreted to permit a contribution which would otherwise violate the provisions of section ten.

(g) The limitations of this section regarding contributions made through an intermediary or conduit shall not apply when each contribution is one hundred dollars or less; provided, however, that said one hundred dollar amount shall be indexed biennially for inflation by the director, who, not later than December thirty-first of each odd numbered year, shall calculate and publish such indexed amount, using the federal consumer price index for the Boston statistical area.

SECTION 30. Said chapter 55 is hereby further amended by inserting after section 16A the following section:-

Section 16B. No person employed for compensation shall be under any obligation to contribute to any candidate or political committee, or to render any political service on account of, or as a consequence of, his employment, and such person shall not be removed or otherwise prejudiced for refusing to do so. This section shall not apply to a person employed by a candidate or political committee or other organization organized for the purpose of rendering political service. A violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months or both such fine and imprisonment. Each such violation shall constitute a separate offense.

SECTION 31. Section 18 of said chapter 55, as appearing in the 1992 Official Edition, is hereby amended by striking out the eleventh paragraph and inserting in place thereof the following paragraph:-

Each report required to be filed under the provisions of this section by a candidate or political committee shall disclose:

(1) the amount of money on hand at the beginning of the reporting period;

(2) the full name and residential address, listed alphabetically, of each person who has made a contribution, except for those contributions identified in clauses (4), (5) and (6) and which shall be reported therein, in an amount or value in excess of fifty dollars in the reporting period, and such information for each contribution of less than or equal to the sum of fifty dollars, if the aggregate of all contributions received from such contributor within said reporting period is in excess of fifty dollars, as the case may be, and the amount or value and date of the contribution and the total of all contributions listed;

(3) the total amount or value of contributions made in the reporting period, and not otherwise reported under clause (2);

(4) the name and address, listed alphabetically, of each candidate or political committee from which was received any money or anything of value in a reporting period, together with the amount or value thereof and the date received;

(5) the name and address of the principal officers of any trust, foundation and association from which was received a contribution, as provided in section ten;

(6) the amount or value and date of each loan to or from any person, in the reporting period, together with the name and residential address of the lender and endorser, if any, listed alphabetically;

(7) the total sum of all contributions received, in the reporting period, which is the sum of clauses (2), (3), (4), (5) and (6);

(8) the full name and address, listed alphabetically, of each person to whom an expenditure is made, in the reporting period, except for those identified in clause (l0) and which shall be reported therein, in an amount or value in excess of fifty dollars, the amount and value, date and purpose of each such expenditure and the total of all such expenditures listed, and in the case of a political committee supporting more than one candidate, the name and address, the elective office held, if any, and office sought by each candidate on whose behalf such expenditure was made;

(9) the total amount or value of expenditures made in the reporting period, and not otherwise reported under clause (8);

(10) in the case of a candidate or political committee, the name and address, listed alphabetically, of each candidate or political committee to which was transferred any money or anything of value, in the reporting period, together with the amount or value thereof and the date of such transfer;

(11) the total sum of expenditures made, in the reporting period, which is the sum of clauses (8), (9) and (l0);

(12) the amount and date of each then existing liability remaining unfulfilled and in force when the report is made, the name and address of the person to whom the liability exists, and a clear statement of the purpose for which it was incurred;

(13) a listing of all banks or other financial institutions used; and

(14) in the event of a dissolution of a political committee, a statement of such dissolution detailing the intended or actual disposition of any residual funds.

SECTION 32. Said section 18 of said chapter 55, as so appearing, is hereby further amended by inserting after the twelfth paragraph the following paragraph:-

In addition, each report required to be filed under the provisions of this section shall also include the occupation and name of employer or employers for each person whose contribution or contributions in the aggregate equals or exceeds the sum of two hundred dollars within any one calendar year; provided, however, that no candidate or candidate's committee shall be required to include such occupation and employer, if upon compliance with the requirements of section two concerning the inclusion of such occupation and employer, said candidate or candidate's committee has not been able to obtain such information.

SECTION 33. Said chapter 55 is hereby further amended by inserting after section 18A the following section:-

Section 18B. Each candidate or elected official who sponsors a fund raising event in the commonwealth on behalf of a non-resident candidate shall file with the director reports of contributions received by the non-resident candidate as a result of said fund raising event on forms to be prescribed by the director except as noted herein in accordance with this section on or before the thirtieth day following said fund raising event.

(A) Each report required to be filed under the provisions of this section shall include:

(1) the name and address, listed alphabetically, of each person or corporation or other entity which has made a contribution to the non-resident candidate in connection with said fund raising event in an amount or value in excess of fifty dollars and the amount and value and date of such contribution;

(2) the name and address, listed alphabetically, of each candidate or political committee from which was received by the non-resident candidate or said candidate's political committee any transfer of money or anything of value in connection with said fund raising event in an amount or value in excess of fifty dollars, together with the amount or value and date of any such transfer;

(3) the name and address of the principal officers of any trust, foundation, corporation, association or other entity from which was received a contribution by the non-resident candidate or said candidates political committee in connection with said fund raising event in an amount or value in excess of fifty dollars, together with the amount or value and date of any such transfer;

(4) the amount or value and date of each loan to or from any person or entity, in connection with said fund raising event in an amount or value in excess of fifty dollars, together with the name and residential address of the lender and endorser, if any, listed alphabetically, and the amount and value of and date of each loan;

(5) the total amount of all contributions reported pursuant to clauses (1) to (4), inclusive, of paragraph (A) as well as the total amount of all contributions less than or equal to fifty dollars from any individual, political committee, trust, partnership, association or other organization other than a political committee received by the non-resident candidate in connection with said fund raising event; and

(6) in addition to the information required by clause (1), the occupation and employer or employers of each person who has made a contribution to the non-resident candidate in connection with said fund raising event in an amount or value of two hundred dollars or more pursuant to section two.

(B) A candidate or elected official sponsoring a fund raising event for a non-resident candidate may file a copy of any report required to be filed by the non-resident candidate in accordance with the laws of the state where said non-resident candidate seeks nomination or election instead of the report prescribed by the director, provided said report:

(1) contains the information required by this section;

(2) is attested by the candidate or elected official sponsoring said fund raising event under the penalties of perjury as a true and accurate copy of the report filed by the non-resident candidate; and

(3) is filed on or before the thirtieth day following said fund raising event.

(C) The provisions of this section shall not apply to any fund raising event unless said fund raising event raises in the aggregate more than one thousand dollars.

(D) For the purposes of this section the following words shall have the following meanings:-

"Non-resident candidate", any person seeking nomination or election to state or federal office in any state other than the commonwealth, who is a candidate in accordance with the laws of the state where said person is seeking nomination or election or would be a candidate under section one of this chapter except for the fact that said person is seeking public office in a state other than the commonwealth or any person who currently holds an elective office in any state other than the commonwealth.

"Fund raising event", any event the purpose of which is to raise funds through the device of tickets, advertisements, or otherwise, for a non-resident candidate including a testimonial, held on behalf of said non-resident candidate for the election campaign or political committee of a non-resident candidate as defined by this section and that is sponsored in whole or in part by a candidate as defined in section one.

Violation of any provision of this section shall be punished by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or both.

SECTION 34. Subsection (a) of section 19 of said chapter 55, as appearing in the 1992 Official Edition, is hereby amended by inserting after the word "sheriff", in line 5, the following words:- , mayor or other citywide office in a city with a total population, as determined by the most recent decennial federal census, of one hundred thousand or more persons.

SECTION 35. Said chapter 55 is hereby further amended by striking out section 29, as so appearing, and inserting in place thereof the following section:-

Section 29. Upon failure to file a statement, report or affidavit within ten days after receiving notice under section twenty-eight, the city or town clerk, as the case may be, shall notify the director thereof and shall furnish him with copies of all papers related thereto and the director, if satisfied there is cause, shall assess a penalty pursuant to the provisions of section three. If any statement filed with the city or town clerk, as the case may be, discloses any violation of any provisions of this chapter, such city or town clerk shall notify the attorney general thereof and shall furnish him with copies of all papers relating thereto. The attorney general shall examine every such case referred to him by such clerk. If satisfied that there is cause, he shall, in the name of the commonwealth, institute appropriate criminal or civil proceedings or refer the case to the proper district attorney for such actions as may be appropriate. Any city or town clerk shall at any time upon the request of the attorney general or the director forward any evidence or information received by such clerk to the attorney general or director for whatever action the attorney general or director deems appropriate pursuant to law.

SECTION 36. Chapter 55A of the General Laws is hereby amended by inserting after section 1 the following section:-

Section 1A. (a) On or before the last day for filing that candidate's nomination papers with the state secretary pursuant to chapter fifty-three, every candidate for statewide elective office shall file with the director a statement, in a form prescribed by the director, that the candidate does or does not agree:

(1) in the case of primary candidates, to abide by the following limits on expenditures for the following elective offices in the campaign for the state primary: `tu Governor $1,500,000 Lieutenant Governor 625,000 Attorney General 625,000 Secretary 375,000 Treasurer and Receiver General 375,000 Auditor 375,000; and

(2) in the case of all candidates for statewide elective office, to abide by the following limits on expenditures for the following elective offices in the campaign for the state election: `tu Governor and Lieutenant Governor $1,500,000 Attorney General 625,000 Secretary 375,000 Treasurer and Receiver General 375,000 Auditor 375,000.

The name of a candidate who fails to file any statement within the time required by this subsection shall not appear on the state primary ballot nor on the state election ballot, and the director shall inform the state secretary of any such failure.

(b) On or before the last day for filing withdrawals of nominations for the state primary, every primary candidate for statewide office who has not agreed to abide by the expenditure limit under subsection (a), and who is opposed in said primary by one or more candidates who have agreed to said limit, shall file with the director a statement, in a form prescribed by the director, of the maximum amount of expenditures to be made in his campaign for said primary. The name of a candidate who fails to file a statement required by this subsection within the time so required shall not appear on the state primary, and the director shall inform the state secretary of any such failure. The state primary campaign expenditure limit agreed to under subsection (a) by any candidate shall be increased to the highest amount stated under this subsection by any opposing candidate who has not agreed to said limit.

(c) On or before the last day for filing withdrawals of nominations made at the state primary, every candidate for statewide office in the state election who has not agreed to abide by the expenditure limit under subsection (a), and who is opposed in said election by one or more candidates who have agreed to said limit, shall file with the director a statement, in a form prescribed by the director, of the maximum amount of expenditures to be made in his campaign for said primary. The name of a candidate who fails to file a statement required by this subsection within the time so required shall not appear on the state election ballot, and the director shall inform the state secretary of any such failure. The state election campaign expenditure limit agreed to under subsection (a) by any candidate shall be increased to the highest amount stated under this subsection by any opposing candidate who has not agreed to said limit.

(d) Any candidate appointed to fill a vacancy in a nomination for statewide elective office shall file the statement required by subsection (a) not later than the last day for filing the certificate of nomination to fill such vacancy. The time for opposing candidates to file the statements required by subsection (b) or (c), as the case may be, shall be extended accordingly.

(e) Any candidate who files a statement with the director under this section and who makes expenditures in excess of the limit established by this section, or in excess of the amount stated by said candidate pursuant to subsection (b) or (c), shall be punished by a fine of not more than the total of two times the amount of the expenditures in excess of said limit or said amount, as the case may be, in addition to the penalties provided by section twelve.

SECTION 37. Section 4 of said chapter 55A, as so appearing, is hereby amended by striking out, in line 8, the words "and (b)" and inserting in place thereof the following words:- ; (b) has filed with the director a statement under subsection (a) of section one A agreeing to abide by the expenditure limits provided thereby; and (c).

SECTION 38. The last paragraph of said section 4 of said chapter 55A, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Determination and certification of the eligibility of candidates shall be made by the director on the eighth Tuesday before the primary and shall be based solely upon information contained in such statements as have been filed on or before the Friday next preceding said eighth Tuesday.

SECTION 39. Section 5 of said chapter 55A, as so appearing, is hereby amended by striking out, in lines 11 to 16, inclusive, the words `tu "Governor $250,000 Lieutenant Governor 50,000 Attorney General 125,000 Secretary 50,000 Treasurer and Receiver General 50,000 Auditor 50,000"

and inserting in place thereof the following words:- `tu Governor $750,000 Lieutenant Governor 312,500 Attorney General 312,500 Secretary 187,500 Treasurer and Receiver General 187,500 Auditor 187,500.

SECTION 40. Section 6 of said chapter 55A, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words "and (b)" and inserting in place thereof the following words:- ; (b) has filed with the director a statement under subsection (a) of section one A agreeing to abide by the expenditure limits provided thereby; and (c).

SECTION 41. The second paragraph of said section 6 of said chapter 55A, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Determination and certification of the eligibility of candidates shall be made by the director on the fourth Tuesday before the state election and shall be based solely upon information contained in such statements as have been filed on or before the Friday next preceding said fourth Tuesday.

SECTION 42. Section 7 of said chapter 55A, as so appearing, is hereby amended by striking out, in lines 12 to 16, inclusive, the words `tu "Governor and Lieutenant Governor $250,000 Attorney General 125,000 Secretary 50,000 Treasurer and Receiver General 50,000 Auditor 50,000"

and inserting in place thereof the following words:- `tu Governor and Lieutenant Governor $750,000 Attorney General 312,500 Secretary 187,500 Treasurer and Receiver General 187,500 Auditor 187,500.

SECTION 43. Section 8 of said chapter 55A, as so appearing, is hereby amended by striking out, in lines 9 to 16, inclusive, the words "and shall be in the following sums for the following statewide elective offices: `tu Governor $250,000 Lieutenant Governor 50,000 Attorney General 125,000 Secretary 50,000 Treasurer 50,000 Auditor 50,000"

and inserting in place thereof the following words:- and for the following calendar year. The bond deposited for the purpose of receiving public financing for the primary election campaign must be for the amount which the comptroller has credited to the account established on behalf of that candidate for the primary election campaign. The bond deposited for the purpose of receiving public financing for the state election campaign must be for the amount which the comptroller has credited to the account established on behalf of that candidate for the state election campaign, but in the case of a candidate for governor, the bond on behalf of said candidate shall be in the amount which the comptroller has credited to the account established on behalf of that governor and lieutenant governor team.

SECTION 44. Chapter 56 of the General Laws is hereby amended by striking out section 33, as so appearing, and inserting in place thereof the following section:-

Section 33. No person shall, by threatening to discharge a person from his employment, or threatening to reduce his wages, or otherwise threatening to adversely affect the terms and conditions of his employment, or promising to give him employment at higher wages, or otherwise promising to favorably affect the terms and conditions of his employment, attempt to influence a voter to give or to withhold his vote or political contribution. No person shall, because of the giving or withholding of a vote or a political contribution, discharge a person from his employment, reduce his wages or otherwise adversely affect the terms and conditions of his employment or give him employment at higher wages or otherwise favorably affect the terms and conditions of his employment.

Violation of any provision of this section shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than six months or both.

SECTION 45. Paragraph (1) of subsection (d) of section 2 of chapter 62 of the General Laws, as so appearing, is hereby amended by adding the following subparagraph:-

(L) The deduction for any amount paid or incurred in connection with:

(i) influencing legislation;

(ii) participation in, or intervention in, any political campaign on behalf of or in opposition to any candidate for public office;

(iii) any attempt to influence the general public, or segments thereof, with respect to elections, legislative matters, or referendums; or

(iv) any direct communication with a covered executive branch official in an attempt to influence the official actions or positions of such official;

within the meaning of the code, as amended and in effect on January first, nineteen hundred and ninety-four and including the exceptions and definitions set forth in section 162(e) of said Code, as amended and in effect on January first, nineteen hundred and ninety-four.

SECTION 46. Section 6C of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out the first and second paragraph and inserting in place thereof the following paragraph:-

Every individual who files a separate return may voluntarily contribute one dollar to be paid over to the state election campaign fund, established by section forty-two of chapter ten. In the case of a joint return of husband and wife, each spouse may voluntarily contribute one dollar to said fund. A credit in the full amount of any contribution under this section shall be allowed against the tax imposed by this chapter; provided, that for any such return no such credit shall exceed the income tax liability for any taxable year.

SECTION 47. Said section 6C of said chapter 62, as so appearing, is hereby further amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

For purposes of this section the words "income tax liability for any taxable year" shall mean the amount of tax imposed by this chapter reduced by sum of the credits allowed by clause (a) of section six.

SECTION 48. There is hereby established a special commission to consist of three members of the senate, one of whom shall be the chairman of the joint committee on election laws who shall serve as co-chairman, one of whom shall be the chairman of the senate committee on ways and means, and one of whom shall be the minority leader, and three members of the house of representatives, one of whom shall be the chairman of the joint committee on election laws who shall serve as co-chairman, one of whom shall be the chairman of the committee on ways and means, and one of whom shall be the minority leader, the governor or his designee, the state secretary or his designee, the attorney general or his designee, the state treasurer or his designee, the commissioner of revenue or his designee, the comptroller or his designee, the director of campaign and political finance or his designee; and six persons to be appointed by the governor, for the purpose of making an investigation and study relative to additional or full public financing of political campaigns.

Said commission shall report to the general court the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and the house of representatives on or before the first Wednesday of October, nineteen hundred and ninety-five.

SECTION 49. There is hereby established a special commission to consist of three members of the senate, one of whom shall be a nominee of the minority leader of the senate, and three members of the house of representatives, one of whom shall be a nominee of the minority leader of the house of representatives, and four persons to be appointed by the governor, one of whom shall be a member of the Massachusetts Municipal Association, and three persons to be appointed by the attorney general, for the purpose of making an investigation and study relative to amendments to chapters two hundred and sixty-eight A and two hundred and sixty-eight B of the General Laws. Said commission shall choose a chairman from among its members. No person shall serve on the special commission who is the subject of a preliminary inquiry or an adjudicatory proceeding pending before or with the ethics commission. The provisions of said chapters two hundred and sixty-eight A and two hundred and sixty-eight B shall not apply to the members of the special commission who are not otherwise subject to the provisions of said chapters two hundred and sixty-eight A and two hundred and sixty-eight B.

Said commission shall report to the general court the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and the house of representatives on or before the first Wednesday of March, nineteen hundred and ninety-five.

SECTION 50. The provisions of section one A of chapter fifty-five A of the General Laws, inserted by section thirty-six of this act, shall be severable, and if any such provision or its application to any person or circumstance is held invalid, the remaining provisions of said section one A shall continue in effect.

SECTION 51. Section forty-five of this act shall be applicable to expenses incurred on or after January first, nineteen hundred and ninety-five. Sections forty-six and forty-seven shall be applicable to tax years ending on or after December thirty-first, nineteen hundred and ninety-four. Sections forty-eight and forty-nine shall take effect upon its passage. The remainder of this act shall take effect on January first, nineteen hundred and ninety-five.