HOUSE DOCKET, NO. 1309        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 767

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michael S. Day

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to strengthen civil rights.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Michael S. Day

31st Middlesex

1/18/2017

Claire D. Cronin

11th Plymouth

2/2/2017

Daniel Cullinane

12th Suffolk

2/2/2017

Michelle M. DuBois

10th Plymouth

2/1/2017

Lori A. Ehrlich

8th Essex

2/2/2017

Denise C. Garlick

13th Norfolk

2/2/2017

Kenneth I. Gordon

21st Middlesex

1/30/2017

Paul R. Heroux

2nd Bristol

2/2/2017

David Paul Linsky

5th Middlesex

1/31/2017

Jay D. Livingstone

8th Suffolk

2/3/2017

David M. Rogers

24th Middlesex

2/3/2017

José F. Tosado

9th Hampden

1/24/2017

Chris Walsh

6th Middlesex

2/2/2017


HOUSE DOCKET, NO. 1309        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 767

By Mr. Day of Stoneham, a petition (accompanied by bill, House, No. 767) of Michael S. Day and others relative to discrimination based on religious beliefs or moral convictions of corporations.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act to strengthen civil rights.

 

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: Section 3.02 of Chapter 156D of the Massachusetts General Laws is hereby amended in subsection (1) by adding the following language after the word “name;”

except as provided in subsection (c) below;

SECTION 2: Section 3.02 of Chapter 156D of the Massachusetts General Laws is hereby amended by adding the following language after subsection (b);

(c) The powers of a business corporation do not include assertion, based on the purported religious belief or moral conviction on the part of the corporation, its officers, or directors, of exemptions from, or claims or defenses against, federal or state law prohibiting discrimination, as applied to conduct, activities, or transactions occurring wholly or partly within the commonwealth.

(d) In any court proceeding concerning conduct, activities, or transactions that are alleged to violate both state law prohibiting discrimination, including but not limited to chapters 149, 151B, or 272, and federal law addressing the same conduct, activities, or transactions, and for which a business corporation organized under this chapter has asserted exemptions, claims, or defenses under federal law that are excluded from the powers of a business corporation under subsection (c), the president and treasurer of such corporation and any officers or agents having the management of such corporation shall be jointly and severally liable for all liabilities arising under state law from such conduct, activities, or transactions.

SECTION 3: Section 15.05 of Chapter 156D of the Massachusetts General Laws is hereby amended by striking out subsections (b) and (c) and inserting in place thereof the following subsections:

Section 15.05. EFFECT OF FILING OF CERTIFICATE

(b) A foreign corporation authorized to do business in the commonwealth has the same but no greater rights and has the same but no greater privileges as, and except as otherwise provided by this chapter is subject to the same duties, restrictions, penalties, and liabilities now or later imposed on, a domestic corporation of like character. The restriction in section 3.02(c) shall apply to a foreign corporation authorized to do business in the commonwealth in the same manner as a domestic corporation.

(c) Subject to the constitution of the commonwealth, a foreign corporation’s organization and internal affairs and the liability of its stockholders and directors shall be governed by the laws of the jurisdiction under which it is organized, except that section 3.02(d) shall apply to a foreign corporation in the same manner as a domestic corporation. A foreign corporation may not be denied the authority to transact business in the commonwealth by reason of any difference between such laws and the laws of the commonwealth.