Law Proposed by Initiative Petition

Full Text of Question 1:

State Auditor’s Authority to Audit the Legislature

Be it enacted by the People, and by their authority:
A LAW EXPRESSLY AUTHORIZING THE AUDITOR TO AUDIT THE LEGISLATURE 

The first sentence of section 12 of chapter 11 of the General Laws, as appearing in the 2022 Official Edition, is hereby deleted and replaced with the following: 

Section 12. The department of the state auditor shall audit the accounts, programs, activities and functions directly related to the aforementioned accounts of all departments, offices, commissions, institutions and activities of the commonwealth, including those of districts and authorities created by the general court and the general court itself, and including those of the income tax division of the department of revenue, and for such purposes, the authorized officers and employees of the department of the state auditor shall have access to such accounts at reasonable times and the department may require the production of books, documents, vouchers and other records relating to any matter within the scope of an audit conducted under this section or section 13, except tax returns.

Law Proposed by Initiative Petition

Full Text of Question 2:

Elimination of MCAS as High School Graduation Requirement

Be it enacted by the People, and by their authority:
A law requiring that districts certify that students have mastered the skills, competencies and knowledge of the state standards as a replacement for the mcas graduation requirement.

Section 1D of chapter 69 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking from the first sentence of sub-paragraph (i) the words, “, as measured by the assessment instruments described in section one I.” and replacing them with the following: “by satisfactorily completing coursework that has been certified by the student’s district as showing mastery of the skills, competencies, and knowledge contained in the state academic standards and curriculum frameworks in the areas measured by the MCAS high school tests described in section one I administered in 2023, and in any additional areas determined by the board.”

Law Proposed by Initiative Petition

Full Text of Question 3:

Unionization for Transportation Network Drivers

Be it enacted by the People, and by their authority:
An Act Giving Transportation Network Drivers the Option to Form a Union and Bargain Collectively
This Act, which adds Chapter 150F to the General Laws, creates the opportunity for workers in the digital transportation industry to form transportation network driver organizations and to negotiate on an industry-wide basis with companies in this industry on recommendations to the commonwealth that raise standards for the terms and conditions of work in this industry.

There shall be a new Chapter 150F that shall provide as follows: 

Section 1: Findings and policy

• The commonwealth of Massachusetts recognizes that technological advancement has generated new “digital marketplaces” in the transportation sector, in which companies connect, through electronic media, customers seeking passenger transportation services to persons willing to supply that transportation service. These persons often suffer poor pay, inadequate health coverage, and irregular or inadequate working hours. It is hereby declared that the best interests of the commonwealth are served by providing transportation network drivers the opportunity to self-organize and designate representatives of their own choosing, and to bargain collectively in order to obtain sustainable wages, benefits, and working conditions, subject to approval and ongoing supervision by the commonwealth. It is further declared that the best interests of the commonwealth are served by the prevention or prompt resolution of disputes between rideshare network companies and the persons who supply the labor to effectuate those services. This chapter shall be deemed an exercise of the police power of the commonwealth, and shall be liberally construed for the accomplishment of its purposes.
• For the reasons set forth in subdivision A, it is the public policy of the commonwealth to displace competition with regulation of the terms and conditions of work for transportation network drivers set forth herein; and, consistent with this policy, to exempt from federal and commonwealth antitrust laws, the formation of transportation network driver organizations and multi-company associations for the purposes of collective bargaining between transportation network companies and transportation network drivers on an industry-wide basis, and to supervise, evaluate, and if approved, implement the resulting negotiated recommendations concerning the terms and conditions of work for all transportation network drivers in an industry when those recommendations are found by the Secretary of Labor to advance the public purposes stated in this section and are then made binding, regardless of the competitive consequences thereof. 
  
  
  1. The commonwealth intends that transportation network drivers have the right to form, join, or assist labor organizations, to be represented through representatives of their own choosing, and to engage in other concerted activities for the purpose of bargaining with transportation network companies and create negotiated recommendations, which shall form the basis for industry regulations.
  2. The commonwealth intends transportation network companies have the right to form multi-company associations to represent them while bargaining with a transportation network driver organization to create negotiated recommendations, which shall form the basis for industry regulations. 
  3. The intent and policy of the commonwealth is for the statutory and non-statutory labor exemptions from the federal antitrust laws and analogous commonwealth laws, to apply to transportation network drivers who choose to form, join or assist labor organizations in labor activity in Massachusetts permitted hereby. 
  4. The commonwealth intends in authorizing and regulating transportation network companies and transportation network drivers engaging in labor activity permitted hereby that state action immunity apply to this statute, and that such companies and drivers be immune from the federal and commonwealth antitrust laws to the fullest extent possible in their conduct pursuant to this statute. 
  5. The commonwealth will actively supervise the labor activity permitted hereby conducted by transportation network companies and transportation network drivers pursuant to this statute to ensure that the conduct permitted by the statute protects the rights of workers and companies, encourages collective negotiation and labor peace, and otherwise advances the purposes of this Act 

Section 2. Definitions.

• “Active transportation network driver” or “active TND” means a transportation network driver so designated pursuant to the following process: Upon request by the board, and at the completion of each calendar quarter thereafter, each transportation network company (“TNC”) shall provide the board with information that identifies all transportation network drivers (“TND”) who completed five or more rides that originated in the commonwealth of Massachusetts on the TNC’s platform in the previous six months. Each TNC shall provide this information within two weeks after the end of each calendar quarter (March 31st, June 30th, September 30th, December 31st). Such information shall include only the name of the TND, the TND driver’s license number, and the number of rides the TND completed through the TNC’s platform in the previous six months. The board shall combine the data provided by all TNCs to determine the distribution of the number of rides completed by all TNDs for which data has been submitted, and then shall determine the median number of rides across TNDs for whom data has been submitted in the previous six months. Any TND who completed more than the median number of rides shall be considered an active transportation network driver in the rideshare industry.
• “Board” means the commonwealth employment relations board created by section 9R of Chapter 23 of the General Laws.
• “Company union” means any committee, employee representation plan, or association of workers or others that exists for the purpose, in whole or in part, of dealing with TNCs concerning grievances or terms and conditions of work for TNDs, which (1) a TNC has initiated or created or whose initiation or creation it has suggested, participated in or in the formulation of whose governing rules or policies or the conducting of whose management, operations or elections the TNC participates in or supervises; or (2) which the TNC maintains, finances, controls, dominates, or assists in maintaining or financing unless required to do so by this chapter or any regulations implementing this chapter, whether by compensating anyone for services performed in its behalf or by donating free services, equipment, materials, office or meeting space or anything else of value, or by any other means. A TND organization shall not be deemed a company union only because it has negotiated or been granted the right to designate workers to be released with pay for the purpose of providing representational services in labor-management affairs on behalf of workers represented by the TND organization, or where, in the course of providing representational services to workers for whom it is the exclusive bargaining representative, a TNC allows agents of the TND organization to meet with workers at the TNC’s premises.
• “Exclusive bargaining representative” means a TND organization certified by the board, in accordance with this chapter, as the representative of TNDs in a bargaining unit.
• “Network company” means a TNC, except that a business entity that maintains an online-enabled application or platform that meets all three of the following tests is not a network company: (1) it is used to facilitate primarily non-rideshare services within the commonwealth of Massachusetts, (2) less than seven and one-half percent of service requests fulfilled through the platform on an annual basis are for rideshare services, and (3) fewer than ten thousand service requests fulfilled through the platform in any year are for rideshare services. For purposes of this paragraph, all applications or platforms used by corporate entities under common control shall be considered a single application or platform. 
• “Transportation network driver” or “TND” means a transportation network driver as described by § 1 of Chapter 159Al/2 of the General Laws. TND shall not include any individual who, with respect to the provision of services through a TNC’s online enabled-application or platform, is an employee within the meaning of section 29 U.S.C. § 152(3). 
• “Transportation network driver organization” or “TND organization” means any organization in which network drivers participate, and which exists and is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with network companies concerning grievances, terms or conditions of work, or of other mutual aid or protection and which is not a company union as defined herein. 
• “Transportation network company” or “TNC” means a transportation network company as described by § 1 of Chapter 159Al/2 of the General Laws. 
• “Unfair work practices” means only those unfair work practices listed in section 4, below. 

Section 3. Rights of TNDs.

TNDs shall have the right of self-organization, to form, join, or assist TND organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection free from interference, restraint, or coercion by TNCs, and shall also have the right to refrain from any of these activities. Nothing contained in this chapter shall be interpreted to prohibit TNDs from exercising the right to confer with TNCs at any time, provided that during such conference there is no attempt by such TNC, directly or indirectly, to interfere with, restrain or coerce such workers in the exercise of the rights guaranteed by this section.

Section 4. Unfair work practices.

• It shall be an unfair work practice for a TNC to:
1. fail or refuse to provide the board with an accurate list of the names, trips made, and contact information for TNDs, as required by this chapter;
2. refuse to negotiate in good faith with a certified or recognized TND organization representing TNDs engaged with such TNC concerning wages, hours, or terms and conditions of work. Since the obligation to negotiate in good faith includes an obligation to provide requested information that has a bearing on the bargaining process, it is also an unfair work practice for a TNC to refuse to provide a certified or recognized TND organization with relevant information requested by the TND organization for the performance of its duties as the TND’s bargaining representative;
3. refuse to provide a TND organization with a list of the names, addresses and telephone numbers of TNDs where the provision of such list is required by this chapter; 
4. refuse to continue all the terms of a determination of terms and conditions of work prescribed by the Secretary of Labor pursuant to this chapter until a new determination is prescribed; 
5. lockout TNDs. The term “lockout” shall mean, for the purposes of this section, a refusal by a TNC to permit a TND normal access to the TNC’s means of connecting TNDs to individuals seeking transportation service as a result of a dispute with such workers or a TND organization representing such workers that affects wages, hours and other terms and conditions of work of such workers, provided, however, that a lockout shall not include a termination of engagement of a worker for good cause that does not involve such worker exercising any rights guaranteed by this chapter. 
6. To spy upon or keep under surveillance, whether directly or through agents or any other person, any activities of TNDs, those workers’ representatives, or any other person, or any activities of such workers or those workers’ representatives in the exercise of the rights guaranteed by this chapter. 
7. To dominate or interfere with the formation, existence, or administration of any TND organization, or to contribute financial or other support to any such organization, directly or indirectly, unless required to by this chapter or by any regulations implementing this chapter, including but not limited to the following:
• by participating or assisting in, supervising, or controlling (i) the initiation or creation of any such organization or (ii) the meetings, management, operation, elections, formulation or amendment of constitution, rules or policies, of any such organization
• by offering incentives to TNDs to join any such organization; 
• by donating free services, equipment, materials, office or meeting space or anything else of value for the use of any such organization; provided that a TNC shall not be prohibited from permitting workers to perform representational work protected under this chapter during working hours without loss of time or pay or from allowing agents of a TND organization that is the exclusive representative of its network workers from meeting with workers on its premises.
8. To require a TND to join any company union or TND organization or to require a TND to refrain from forming, or joining or assisting a TND organization of their own choosing.
9. To encourage membership in any company union or discourage membership in any TND organization, by discrimination in regard to hire, tenure, or in any term or condition of employment or engagement. 
10. To discharge or otherwise discriminate against a TND because they have signed or filed any affidavit, petition or complaint or given any information or testimony under this chapter.
11. To distribute or circulate any blacklist of individuals exercising any right created or confirmed by this chapter or of members of a TND organization, or to inform any person of the exercise by any individual of such right, or of the membership of any individual in a TND organization for the purpose of preventing individuals so blacklisted or so named from obtaining or retaining opportunities for remuneration. 
12. To do any acts, other than those already enumerated in this section, which interfere with, restrain or coerce TNDs in the exercise of the rights guaranteed by this chapter. B. It shall be an unfair work practice for a TND organization to: 
• It shall be an unfair work practice for a TND organization to:
1. 1. refuse to collectively bargain in good faith with a TNC, provided it is the certified or recognized representative of the company’s workers. Since the obligation to negotiate in good faith includes an obligation to provide requested information that relates to the bargaining process, it is also an unfair work practice for a certified or recognized TND to refuse to provide information requested by a TNC organization that is relevant to the bargaining process;
2. restrain or coerce TNDs in the exercise of the rights guaranteed by this chapter; provided, however, that this paragraph shall not impair the right of a TND organization to prescribe its own rules with respect to the acquisition or retention of membership in the organization;
3. fail to fulfill its duty of fair representation toward TNDs where it is the exclusive bargaining representative by acts or omissions that are arbitrary, discriminatory, or in bad faith.
4. restrain or coerce a TNC in the selection of its representatives for the purpose of bargaining or the adjustment of grievances.
• Prevention of unfair work practices.
1. The board is empowered and directed, as hereinafter provided, to prevent any TNC and any TND organization, from engaging in any unfair work practice described in this chapter. This power shall not be affected or impaired by any means of adjustment, mediation or conciliation in labor disputes that have been or may hereafter be established by law or by the determination provided for in section 6(F), below. To prevent unfair work practices, each TNC shall, at least once each year, send a text message and an e-mail to each of its active TNDs in a form determined by the board notifying the TNDs of their rights under this chapter, and the procedure for filing an unfair work practice charge. The board shall also post a copy of this notice on its website.
2. Whenever it is charged that any TNC or TND organization has engaged in or is engaging in any such unfair work practice, the board, or any agent or agency designated by the board for such purposes, shall have power to issue and cause to be served upon such TNC or TND organization, a complaint stating the charges in that respect, and containing a notice of hearing before the board or a member thereof, or before a designated agent or agency, at a place therein fixed, not less than five days after service of said complaint. Any such complaint may be amended by the member, agent or agency conducting the hearing or the board in its discretion at any time prior to the issuance of an order based thereon. The TNC or TND organization so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. In the discretion of the member, agent or agency conducting the hearing or the board, any other person may be allowed to intervene in the said proceeding and to present testimony. In any such proceeding, the rules of evidence prevailing in courts of law or equity shall not be controlling.
3. If, upon the record before them such member, agent, or agency shall determine that an unfair work practice has been committed by a TNC or TND organization named in the complaint, they shall issue and cause to be served upon the person committing the unfair work practice an order requiring such person to cease and desist from such unfair work practice, and to take such further affirmative action as will effectuate the provisions of this chapter including, but not limited to (a) withdrawal of recognition from and refraining from bargaining collectively with any organization or association, agency or plan that is either defined in this chapter as a company union, or established, maintained or assisted by any action defined in this chapter as an unfair work practice; (b) awarding back pay or other restoration of compensation, without any reduction based on the TND’s interim earnings or failure to earn interim earnings, consequential damages, and an additional amount as liquidated damages equal to two times the amount of damages awarded; (c) requiring reengagement or reestablishment of the TNC’s preexisting relationship with improperly, adversely affected TNDs, with or without compensation, or maintenance of a preferential list from which such worker shall be re-engaged or the relationship reestablished, and such order may further require such respondent to make reports from time to time showing the extent to which the order has been complied with; (d) requiring respondent to provide the complainant with a list of all TNDs, together with those workers’ physical and e-mail addresses and known telephone numbers; and (e) requiring the TNC to recognize and bargain with a TND organization if the board determines that the unfair work practice interfered with the TND’s right to form or join a TND organization. If the member, agent, or agency determines that an unfair work practice has not been committed, they shall issue an order dismissing the complaint. An order issued pursuant to this subsection shall become final and binding unless, within ten days after notice thereof, any party requests review by the full board. A review may be made upon a written statement of the case by the member, agent, or agency agreed to by the parties, or upon written statements furnished by the parties, or, if any party or the board requests, upon a transcript of the testimony taken at the hearing, if any, together with such other testimony as the board may require.
   If, upon the record before it, the board determines that an unfair practice has been committed it shall state its findings of fact and issue and cause to be served on the TNC or TND organization an order requiring such company or organization to cease and desist from such unfair work practice, and to take such further affirmative action as will effectuate the provisions of this chapter. If, upon the record before it, the board determines that an unfair work practice has not been committed, it shall state its findings of fact and shall issue an order dismissing this complaint.
   
4. Until the record in a case shall have been filed in a court, as hereinafter provided, the board may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it.
5. The board may institute appropriate proceedings in the appeals court for enforcement of its final orders. 
6. Any party aggrieved by a final order of the board may institute proceedings for judicial review in the appeals court within thirty days after receipt of said order. The proceedings in the appeals court shall, insofar as applicable, be governed by the provisions of section fourteen of chapter thirty A.
7. Injunctive relief.
   (a) A party filing an unfair work practice charge under this section may petition the board to obtain injunctive relief, pending a decision on the merits of said charge by the board, upon a showing that: (i) there is reasonable cause to believe an unfair work practice has occurred, and (ii) it appears that immediate and irreparable injury, loss or damage will result thereby rendering a resulting judgment on the merits ineffectual necessitating the maintenance of, or return to, the status quo to provide meaningful relief. Such immediate and irreparable harm may include the chilling of workers in the exercise of rights provided by this chapter. 
   (b) Within ten days of the receipt by the board of such petition, if the board determines that a charging party has made a sufficient showing both that there is reasonable cause to believe an unfair work practice has occurred and it appears that immediate and irreparable injury, loss or damage will result therefrom, rendering a resulting judgment on the merits ineffectual necessitating maintenance of, or return to, the status quo to provide meaningful relief, the board shall petition the superior court in any county where the unfair work practice occurred upon notice to all parties for the necessary injunctive relief or, if the board determines not to seek injunctive relief, the charging party may seek injunctive relief by petition to the superior court, in which case the board must be joined as a necessary party. The board or, where applicable, the charging party, shall not be required to give any undertakings or bond and shall not be liable for any damages or costs that may have been sustained by reason of any injunctive relief ordered. If the board fails to act within ten days as provided herein, the board, for purposes of review, shall be deemed to have made a final order determining not to seek injunctive relief. In the case of a TNC’s failure to provide an accurate list of names and addresses of TNDs, immediate and irreparable injury, loss, or damage shall be presumed.
   (c) Injunctive relief may be granted by the court, after hearing all parties, if it determines that there is reasonable cause to believe an unfair work practice has occurred and that it appears that immediate and irreparable injury, loss, or damage will result thereby rendering a resulting judgment on the merits ineffectual necessitating maintenance of, or return to, the status quo to provide meaningful relief. Such relief shall expire on decision by the board finding no unfair work practice to have occurred, successful appeal of the grant of injunction relief, or motion by respondent to vacate or modify the injunction pursuant to the provisions of the rules of civil procedure. The board shall conclude the hearing process and issue a decision on the merits within one hundred eighty days after the imposition of such injunctive relief unless mutually agreed by the respondent and charging party.
   (d) A decision on the merits of the unfair work practice charge by the board finding an unfair work practice to have occurred shall continue the injunctive relief until either: (i) the respondent implements the remedy, or (ii) the respondent successfully moves in court to set aside the board’s order, pursuant to provisions of Chapter 30A of the General Laws.
   (e) Any injunctive relief in effect pending a decision by the board (i) shall expire upon a decision by the board finding no unfair work practice to have occurred, of which the board shall notify the court within two business days, or (ii) shall remain in effect only to the extent it implements any remedial order issued by the board in its decision, of which the board shall notify the court within two business days.
   (f) The appeal of any order granting, denying, modifying, or vacating injunctive relief ordered by the court pursuant to this subdivision shall be made in accordance with the rules of appellate procedure.
   (g) Except as provided in this section, judicial review of the orders of the board shall be as provided for section 9, below.
   

Section 5. Representatives.

• After receiving the information identified in Section 2(A) from each TNC at the conclusion of each calendar quarter (March 31, June 30, September 30, December 31), the board shall provide each TNC with the names of the active TNDs who have driven for that TNC, and each TNC shall have 30 days to submit to the board, in an electronic format to be determined by the board, the phone numbers, mailing addresses, and email addresses for each active TND. These records shall not be subject to disclosure pursuant to Chapter 66 of the General Laws.
• Bargaining unit. For purposes of this chapter, each TND shall be included in an industry-wide bargaining unit of all TNDs. 
• Showing of designation of representative. A TND organization may demonstrate that it has been designated as a bargaining representative by presenting to the board cards, petitions, or other evidence, which may be in electronic form, sufficient to show the TND has authorized the TND organization to act as the worker’s exclusive bargaining representative. To be valid, such card, petition, or other evidence must have been executed by the worker within one year of the date the TND organization submits the evidence to the board. Execution may be electronic.
• Representative status.
1. Upon the request of a TND organization, the board shall make a determination that such organization has been designated as bargaining representative by at least five percent of active TNDs in the bargaining unit.
2. Once the board determines that the TND organization has been designated as the bargaining representative of at least five percent of active TNDs in the bargaining unit, the board shall (a) require each TNC to send a notice, in a form determined by the board, that the TND organization is seeking to represent TNDs for the purpose of initiating a bargaining process in order to establish terms and conditions for the industry; and (b) provide the TND organization with a complete list of names, phone numbers, mailing address, and electronic mail address for all active TNDs in the bargaining unit. The board will provide the TND organization with an updated list each quarter for the next year. For six months from the date of the board’s determination that a TND organization has met the five percent threshold in a bargaining unit, no other TND organization may be certified as the exclusive bargaining representative of those workers without an election.
3. Exclusive representative status. A TND organization that provides evidence to the board that it has been designated as bargaining representative by twenty-five percent of active TNDs in the bargaining unit shall be certified as the exclusive bargaining representative of all TNDs in the bargaining unit. In the alternative, a TND organization that has been designated as the bargaining representative of at least five percent of active TNDs in the bargaining unit may petition the board to conduct an election. The election shall be conducted as expeditiously as possible, and if the TND organization receives a majority of valid votes cast it shall be certified as the exclusive bargaining representative.
4. Determination of Exclusive Representative Status in the Event of a Dispute among TND organizations.
   

   (a) If a TND organization seeking certification as the exclusive bargaining representative provides evidence that shows that less than a majority of active TNDs have designated the TND organization as their bargaining representative, the board shall wait seven days before certifying the TND organization as exclusive bargaining representative. If, during those seven days, another TND organization provides evidence that at least 25 percent of active TNDs in the bargaining unit have designated it as their bargaining representative, or a TND provides evidence that at least 25 percent of active TNDs in the bargaining unit do not wish to be represented by any TND organization, then the board shall hold an election among all active TNDs in the bargaining unit. Such election shall be conducted as expeditiously as possible. A TND organization receiving a majority of the valid votes cast shall be certified as the exclusive bargaining representative of all TNDs in the bargaining unit. When two or more TND organizations are on the ballot and none of the choices (the TND organizations or “no worker organization”) receives a majority of the valid votes cast, there shall be a run-off election between the two choices receiving the largest and second largest number of votes. A TND organization receiving a majority of the valid votes cast in the run-off shall be certified as the exclusive bargaining representative of all TNDs in the bargaining unit, and it shall owe a duty to fairly represent all such workers. If a majority of the valid votes cast are for “no worker organization,” then the board will not certify any worker organization as the exclusive bargaining representative. For purposes of this provision, the operative list of active TNDs shall be based on the most recent quarterly list provided by the TNCs in accordance with section 5(A).
   
   (b) A TND organization certified as the exclusive bargaining representative shall have the exclusive authority to represent the TNDs in the bargaining unit, without challenge by another TND organization, for the greater of (i) one year following certification; or (ii) the length of time that a final determination rendered by the Secretary of Labor under section 6 (F) is in effect, provided that such period shall not be longer than three years following the date of issuance of such final determination. During the times when an exclusive bargaining representative is subject to challenge, TNDs may file for a decertification election upon a showing that at least twenty-five percent of the active TNDs in the bargaining unit have demonstrated support for the decertification. The board will then schedule an election to determine whether the TND organization has retained its status as exclusive bargaining representative. The TND organization shall retain its status as exclusive bargaining representative if it receives a majority of valid votes cast by active TNDs in the bargaining unit.
   
   (c) If a TND organization has been designated the exclusive bargaining representative with respect to a bargaining unit, only that TND organization shall be entitled to (i) receive from the TNCs a list of all of their TNDs, together with phone numbers, mailing addresses, and electronic mail addresses; and (ii) shall be entitled to engage in bargaining with the TNCs for recommendations to the Secretary of Labor concerning wages, benefits and terms and conditions of work of the TNDs.
   
   (d) Dues Deduction. A TND organization that has been designated as the exclusive bargaining representative with respect to the bargaining unit shall have a right to voluntary membership dues deduction upon presentation of dues deduction authorization cards signed by individual TNDs, which may be in electronic form. A TNC shall commence making such deductions as soon as practicable, but in no case later than thirty days after receiving proof of a signed dues deduction authorization card, and such dues shall be submitted to the TND organization within thirty days of the deduction. A TNC shall accept a signed authorization to deduct dues in any format permitted by Chapter 110G of the General Laws. The right to such membership dues deduction shall remain in full force and effect until an individual revokes membership in the TND organization in writing in accordance with the terms of the signed authorization.

Section 6. Bargaining, Impasse resolution procedures, and final determination by the Secretary of Labor.

• Once the board determines that a TND organization is the exclusive bargaining representative for the bargaining unit, the board shall notify all TNCs, and all TNCs shall be required to bargain with the exclusive bargaining representative concerning wages, benefits, and terms and conditions of work. The terms and conditions to be bargained include, but are not limited to, the criteria for deactivating a TND and a dispute resolution procedure for resolving claims alleging unjust deactivation. To facilitate negotiations, the TNCs may form an industry association to negotiate on their behalf. If the TNCs choose not to form an association, any recommended agreement must be approved by (i) at least two industry member TNCs and (ii) member TNCs representing at least eighty percent of the market share of that industry in Massachusetts, with votes determined in proportion to the number of rides completed by TNDs contracting directly with the TNC in the two calendar quarters preceding the recognition of the certified representative.
• Once the TND organization and the TNCs have reached a set of negotiated recommendations for the industry, the negotiated recommendations shall be submitted by the TND organization to a vote by all TNDs in the industry who have completed at least one hundred trips in the previous quarter. If approved by a majority of TNDs who vote, the negotiated recommendations shall be submitted to the Secretary of Labor for approval. If a majority of valid votes cast by the TNDs are not in favor of the negotiated recommendations, the transportation network worker organization and the TNCs will resume bargaining.
• For purposes of this section, an impasse may be deemed to exist if the TNCs and exclusive bargaining representative fail to achieve agreement by the end of a one hundred eighty-day period from the date a TND organization has been designated as the exclusive bargaining representative or from the expiration date of a prior determination by the Secretary of Labor as provided for in paragraph F, below. 
• Upon impasse, any of the affected TNCs or the exclusive bargaining representative may request the board to render assistance as provided in this section. 
• Upon receiving a timely request from an exclusive bargaining representative for commencement of an impasse proceeding, the board shall aid the parties as follows: 
• To assist the parties to effect a voluntary resolution of the dispute, the board shall appoint a mediator from a list of qualified persons maintained by the board; the parties shall be free to select a mediator satisfactory to them or to decline such selection.
• If the mediator is unable to achieve agreement between the parties concerning an appropriate resolution within thirty days after the board has provided the parties the list of mediators, any party may petition the board to refer the dispute to an arbitrator. 
• Upon timely petition of either party, the board shall refer the dispute to an arbitrator as hereinafter provided. 
  (a) Prior to submitting the dispute to an arbitrator, the board shall conduct an election among all TNDs in the industry who have completed at least one hundred trips in the previous quarter. The TNDs will choose between submitting the dispute to the arbitrator or decertifying the exclusive bargaining representative. If the majority of eligible votes cast are for decertification the exclusive bargaining representative shall be decertified and any existing regulations shall remain in place until they expire as provided in paragraph F below.
  (b) If a majority of TNDs who vote choose to have an arbitrator appointed, the exclusive bargaining representative shall notify the board of the need to appoint an arbitrator, and the board shall notify the TNCs of this request. Each of the two groups of affected parties (affected TNCs being one group, and the exclusive bargaining representative being the other group) shall have an equal say in the selection of the arbitrator and each of the two groups shall share equally the cost of the arbitrator. If the parties are unable to agree upon the arbitrator within seven days after the board notifies the TNCs of the need to appoint an arbitrator, the board shall submit to the parties a list of qualified, disinterested persons for the selection of an arbitrator. A representative of each of the two groups shall alternately strike from the list one of the names with the order of striking determined by lot, until the remaining one person shall be designated as the arbitrator. Each group shall select its representative for this purpose as it sees fit. A group’s failure to agree upon the designation of its representative shall result in the failure of the striking procedure, but shall not impede the board’s appointment of the arbitrator upon such failure. The striking process shall be completed within five days of receipt of the board’s list. The representatives who undertake the striking shall notify the board of the designated arbitrator. In the event the parties are unable to select the arbitrator within five days following receipt of this list, the board shall appoint the arbitrator.
  (c) The arbitrator shall hold hearings on all matters related to the dispute. The parties may be heard either in person, by counsel, or by other representatives, as they may respectively designate. The arbitrator shall determine the order of presentation by the parties, and shall have discretion and authority to decide all procedural issues that may be raised;
  (d) The parties, including all TNCs engaging at least fifty TNDs in the bargaining unit and the exclusive bargaining representative affected, may present, either orally or in writing, or both, statements of fact, supporting witnesses and other evidence, and argument of their respective positions with respect to each case. The arbitrator shall have authority to require the production of such additional evidence, either oral or written as she or he may desire from the parties and shall provide at the request of either group of parties that a full and complete record be kept of any such hearings, the cost of such record to be borne by the requesting party. If such record is created, it shall be shared with all parties regardless of which party paid for it.
  (e) Any TNC engaging less than fifty TNDs in the bargaining unit shall have the opportunity to make a written submission to the arbitrator.
  (f) The arbitrator shall make a just and reasonable determination of the matters in dispute, and shall issue a determination that shall apply to all TNCs and the exclusive bargaining representative. In arriving at such determination, the arbitrator shall specify the basis for his or her findings, taking into consideration, in addition to any factors recommended by the parties that the arbitrator finds to be consistent with this chapter, including the following:
  i. whether the wages, benefits, hours, and conditions of work of the TNDs achieve the policy goals set forth subdivision A of Section 1. This amount must take into account the real cost of living, it may substantially exceed any statutory minimum wage, and should be a sufficient amount such that the TNDs do not need to rely upon any public benefits;
  ii. whether the most efficient way to provide benefits is through a portable benefits fund, and if so, how to best assess each TNC a portion of the costs of providing those benefits;
  iii. the financial ability of the affected TNCs to pay for the compensation and benefits in question and the impact on the delivery of services provided by the companies;
  iv. the establishment of reasonable dispute resolution mechanisms that will allow TNDs a reasonable expectation of uninterrupted work and permit TNCs to alter or terminate their relationships with workers if there is just cause for such; and
  v. comparison of peculiarities in regard to other trades or professions, including specifically, (a) hazards of work; (b) physical qualifications; (c) educational qualifications; (d) mental qualifications; and (e) job training and skills.
  
• Any recommendations agreed upon between TNCs and a TND organization acting as exclusive bargaining representative of TNDs in the bargaining unit and/or any determination reached by an arbitrator under this chapter shall be subject to review and approval by the Secretary of Labor. In deciding whether to grant approval to the arbitrator’s recommendations, the Secretary of Labor’s decision shall be based on the factors specified in paragraph E(3)(f), above, and the policies set forth in section 1. In deciding whether to approve such agreement or determination, the Secretary of Labor shall afford the exclusive representative, all TNCs, and TNDs no more than thirty days to submit comments and arguments concerning whether approval is warranted. Within sixty days of the deadline for submitting comments, the Secretary of Labor shall approve or disapprove the agreement or determination. In the event of disapproval, the Secretary of Labor may make recommendations for amendments to the agreement or determination that would cause the Secretary of Labor to approve and afford the parties an opportunity to respond to those recommendations. The final determination by the Secretary of Labor shall include a date following which new terms may be set for the bargaining unit which date shall not be more than three years following the date of the issuance of the determination. If during the three year period (or any lesser period that the Secretary of Labor sets as a duration for the final determination), the Secretary of Labor determines that market conditions have changed, the Secretary of Labor shall give the exclusive bargaining representative, all TNCs, and TNDs the opportunity to submit comments and arguments concerning whether the final determination should be modified, and after receiving those comments, the Secretary of Labor may modify the final determination.

Section 7. Minimum Labor Standards.

No agreement or determination made pursuant to this chapter shall diminish or erode any minimum labor standard that would otherwise apply to a TND.

Section 8. Preemption.

This law shall not preempt any commonwealth enactment which provides greater benefits or protection to a TND.

Section 9. Judicial Review.

• Final orders of the board made pursuant to this chapter shall be conclusive against all parties to its proceedings and persons who have had an opportunity to be parties to its proceedings unless reversed or modified in proceedings for enforcement or judicial review as herein provided. Final orders of the board shall be subject to review as provided in section 6 of Chapter 150A of the General Laws, provided that a final order of the board under section 5 of this chapter concerning the scope of bargaining units or the designation of a TND organization as an exclusive bargaining representative or as entitled to the production of lists of TNDs shall be overturned only if it is found to be arbitrary and capricious.
• Final orders of the Secretary of Labor pursuant to section 6(F) of this chapter shall be conclusive against all affected TND organizations and all TNCs in the industry unless reversed or modified in proceedings for enforcement or judicial review as herein provided. Such final orders shall be subject to review in accordance with the provisions of section fourteen of chapter 30A of the General Laws, provided, however, that the determination of the Secretary of Labor shall only be overturned if it is found to be arbitrary and capricious. 
• Except in a proceeding brought to challenge a final order of the Secretary of Labor, the determination of an arbitrator shall not be subject to judicial review. 

Section 10. Rules and Regulations.

The board shall make such rules and regulations as may be appropriate to effectuate the purposes and provisions of this chapter.

Section 11. Conflict of Laws.

In the event of any conflict with Chapter 150A of the General Laws, the provisions of this Chapter shall prevail.

Section 12. Severability

The provisions of this act shall be severable and if any phrase, clause, sentence or provision of this article or the applicability thereof to any person, entity, or circumstance shall be held invalid, the remainder of this act and the application thereof shall not be affected.

Law Proposed by Initiative Petition

Full Text of Question 4:

The Natural Psychedelic Substances Act.

Section 1

The purpose of this act is to establish a new, compassionate, culturally responsible, and effective approach to natural psychedelic substances by: (a) establishing regulated access for adults 21 years of age and older to natural psychedelic substances that show therapeutic potential in increasing well-being and life satisfaction and improving mental health; and (b) adopting a public health approach to natural psychedelic substances by removing criminal penalties for limited personal use by adults 21 years of age and older. Its intent is to remove the personal use of natural psychedelic substances from the illicit market and to provide supervised, safe access in a therapeutic setting through a regulated and taxed system. To the fullest extent possible, its terms are to be interpreted in accordance with the purpose and intent set forth in this section.

Section 2

This act may be known as “The Natural Psychedelic Substances Act.”

Section 3

Chapter 10 of the General Laws is hereby amended by inserting after section 78 the following sections: 
Section 79. Natural Psychedelic Substances Commission

a) There shall be a Massachusetts natural psychedelic substances commission which shall consist of 5 commissioners: 1 of whom shall be appointed by the governor and shall have a background in psychedelic research and science; 1 of whom shall be appointed by the attorney general and shall have a background in public safety; 1 of whom shall be appointed by the treasurer and receiver general and shall have experience in corporate management, finance or securities; and 2 of whom shall be appointed by a majority vote of the governor, attorney general and treasurer and receiver general, 1 of whom shall have professional experience in oversight or industry management, including the provision of services, in a regulated industry and 1 of whom shall have a background related to Indigenous or traditional uses of natural psychedelic substances. The treasurer and receiver general shall designate the chair of the commission. The chair shall serve in that capacity throughout the term of appointment and until a successor shall be appointed. Prior to appointment to the commission, a background investigation shall be conducted into the financial stability, integrity and responsibility of a candidate, including the candidate’s reputation for good character and honesty. No person who has been convicted of a felony shall be eligible to serve on the commission.
(b) Each commissioner shall be a resident of the commonwealth within 90 days of appointment and, while serving on the commission, shall not: (i) hold, or be a candidate for, federal, state or local elected office; (ii) hold an appointed office in a federal, state or local government; or (iii) serve as an official in a political party. Not more than 3 commissioners shall be from the same political party.
(c) Each commissioner shall serve for a term of 5 years or until a successor is appointed and shall be eligible for reappointment; provided, however, that no commissioner shall serve more than 10 years. A person appointed to fill a vacancy in the office of a commissioner shall be appointed in a like manner and shall serve for only the unexpired term of that commissioner.
(d) The governor, attorney general or treasurer and receiver general may remove a commissioner who was appointed by that appointing authority if the commissioner:
(i) is guilty of malfeasance in office; (ii) substantially neglects the duties of a commissioner; (iii) is unable to discharge the powers and duties of the office; (iv) commits gross misconduct; or (v) is convicted of a felony. Before removal, the commissioner shall be provided with a written statement of the reasons for removal and an opportunity to be heard.
(e) The governor, attorney general and treasurer and receiver general may, by majority vote, remove a commissioner who was appointed by majority vote of the governor, attorney general and treasurer and receiver general if the commissioner: (i) is guilty of malfeasance in office; (ii) substantially neglects the duties of a commissioner; (iii) is unable to discharge the powers and duties of the commissioner’s office; (iv) commits gross misconduct; or (v) is convicted of a felony. Before removal, the commissioner shall be provided with a written statement of the reason for removal and an opportunity to be heard.
(f) Three commissioners shall constitute a quorum and the affirmative vote of 3 commissioners shall be required for an action of the commission. The chair or 3 members of the commission may call a meeting; provided, however, that notice of all meetings shall be given to each commissioner and to other persons who request such notice. The commission shall adopt regulations establishing procedures, which may include electronic communications, by which a request to receive notice shall be made and the method by which timely notice may be given.
(g) Commissioners shall receive salaries not greater than .75 of the salary of the secretary of administration and finance under section 4 of chapter 7; provided, however, that the chair shall receive a salary equal to the salary of the secretary of administration and finance. Commissioners shall devote their full time and attention to the duties of their office.
(h) The commission shall annually elect 1 of its members to serve as secretary and 1 of its members to serve as treasurer. The secretary shall keep a record of the proceedings of the commission and shall be the custodian and keeper of the records of all books, documents and papers filed by the commission and of its minute book. The secretary shall cause copies to be made of all minutes and other records and documents of the commission and shall certify that such copies are true copies and all persons dealing with the commission may rely upon such certification.
(i) The chair shall have and exercise supervision and control over all the affairs of the commission. The chair shall preside at all hearings at which the chair is present and shall designate a commissioner to act as chair in the chair’s absence. To promote efficiency in administration, the chair shall make such division or re-division of the work of the commission among the commissioners as the chair deems expedient.
(j) The commissioners shall, if so directed by the chair, participate in the hearing and decision of any matter before the commission; provided, however, that at least 2 commissioners shall participate in the hearing and decision of matters other than those of formal or administrative character coming before the commission; and provided further, that any such matter may be heard, examined and investigated by an employee of the commission designated and assigned by the chair, with the concurrence of 1 other commissioner. Such employee shall make a report in writing relative to the hearing, examination and investigation of every such matter to the commission for its decision. For the purposes of hearing, examining and investigating any such matter, such employee shall have all of the powers conferred upon a commissioner by this section. For each hearing, the concurrence of a majority of the commissioners participating in the decision shall be necessary.
(k) The commission shall appoint an executive director. The executive director shall serve at the pleasure of the commission, shall receive such salary as may be determined by the commission, and shall devote full time and attention to the duties of the office. The executive director shall be a person with skill and experience in management, shall be the executive and administrative head of the commission and shall be responsible for administering and enforcing the law relative to the commission and to each administrative unit thereof.
The executive director shall appoint and employ a chief financial and accounting officer and may, subject to the approval of the commission, employ other employees, consultants, agents and advisors, including legal counsel, and shall attend meetings of the commission. The chief financial and accounting officer of the commission shall be in charge of its funds, books of account and accounting records. No funds shall be transferred by the commission without the approval of the commission and the signatures of the chief financial and accounting officer and the treasurer of the commission. In the case of an absence or vacancy in the office of the executive director or in the case of disability as determined by the commission, the commission may designate an acting executive director to serve as executive director until the vacancy is filled or the absence or disability ceases. The acting executive director shall have all of the powers and duties of the executive director and shall have similar qualifications as the executive director.
(l) Chapters 268A and 268B shall apply to the commissioners and to employees of the commission; provided, however, that the commission shall establish a code of ethics for all members and employees that shall be more restrictive than said chapters 268A and 268B. A copy of the code shall be filed with the state ethics commission. The code shall include provisions reasonably necessary to carry out the purposes of this section and any other laws subject to the jurisdiction of the commission including, but not limited to: (i) prohibiting the receipt of gifts by commissioners and employees from any natural psychedelic substance licensee, applicant, close associate, affiliate or other person or entity subject to the jurisdiction of the commission; (ii) prohibiting the participation by commissioners and employees in a particular matter as defined in section 1 of said chapter 268A that affects the financial interest of a relative within the third degree of consanguinity or a person with whom such commissioner or employee has a significant relationship as defined in the code; and (iii) providing for recusal of a commissioner in a licensing decision due to a potential conflict of interest.
(m) The Massachusetts natural psychedelic substances commission shall be a commission for the purposes of section 3 of chapter 12.
(n) The commission shall, for the purposes of compliance with state finance law, operate as a state agency as defined in section 1 of chapter 29 and shall be subject to the laws applicable to agencies under the control of the governor; provided, however, that the instructions or actions necessary for the department to manage fiscal operations in the state accounting system and meet statewide and other governmental accounting and audit standards. The commission shall properly classify its operating and capital expenditures, and shall not include any salaries of employees in the commission’s capital expenditures. Unless otherwise exempted by law or the applicable central service agency, the commission shall participate in any other available commonwealth central services including, but not limited to, the state payroll system pursuant to section 31 of said chapter 29, and may purchase other goods and services provided by state agencies in accordance with comptroller provisions. The comptroller may chargeback the commission for the transition and ongoing costs for participation in the state accounting and payroll systems and may retain and expend such costs without further appropriation for the purposes of this section. The commission shall be subject to section 5D and subsection (f) of section 6B of said chapter 29.

Section 80. Natural Psychedelic Substances Advisory Board

(a) There shall be a natural psychedelic substances advisory board to study and make recommendations to the Massachusetts natural psychedelic substances commission on the regulation and taxation of natural psychedelic substances. The board shall consist of: the executive director of the Massachusetts natural psychedelic substances commission who shall serve as chair; the secretary of health and human services or a designee; the commissioner of revenue or a designee; the commissioner of public health or a designee; the colonel of the state police or a designee; 5 persons appointed by the governor, 1 of whom shall be a person with expertise in mental or behavioral health, 1 of whom shall be a person with expertise in natural psychedelic substance therapy, 1 of whom shall be a person with expertise on issues confronting veterans, 1 of whom shall be a person with expertise in developing and implementing evaluation methodologies to assess the outcomes of a program, including its achievements, safety, quality, and impact on individuals, and 1 person with expertise in Indigenous uses of natural psychedelic substances; 5 persons appointed by the attorney general, 1 of whom shall be a person with expertise in health care insurance or barriers in access to healthcare, 1 of whom shall be a person with expertise in emergency medical services or first responders, 1 of whom shall be a person with expertise in mycology and natural psychedelic substance cultivation, 1 of whom shall be a person with expertise with experience in training psychedelic-assisted facilitators, and 1 person with expertise in Indigenous uses of natural psychedelic substances; and 5 persons appointed by the treasurer and receiver-general, 1 of whom shall be a person with expertise in harm reduction, 1 of whom shall be a person with expertise in municipal psychedelic policy, 1 of whom shall be a person with expertise in natural psychedelic substance research, 1 of whom shall be a person who is a peer recovery coach or a certified peer specialist with experience in peer support training and certification in Massachusetts, and 1 person with expertise in Indigenous uses of natural psychedelic substances. Members of the board shall serve for terms of 2 years or until a successor is appointed and shall be eligible for reappointment. Members of the board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their official duties. Members of the board shall not be state employees under chapter 268A by virtue of their service on the board. To take action at a meeting, a majority of the members of the board present and voting shall constitute a quorum.
(b) The advisory board shall:
(i) consider all matters submitted to it by the commission;
(ii) advise the commission on guidelines, rules and regulations including:
(A) accurate and culturally appropriate public health approaches regarding use, effect, and risk reduction for natural psychedelic substances and the content and scope of educational campaigns related to natural psychedelic substances;
(B) research related to the efficacy and regulation of natural psychedelic substances, including recommendations related to product safety, harm reduction, and cultural responsibility;
(C) training programs, educational and experiential requirements, different tiers of licensing, scope of practice, and qualifications for facilitators that protect participant safety, increase access to services, and reduce barriers to licensure, giving consideration to existing education and certification models in Massachusetts, including the peer support certification model, and how to best protect existing veterans groups that use natural psychedelic substances and members of other self-regulating communities;
(D) affordable, equitable, ethical, inclusive, and culturally responsible access to natural psychedelic services and requirements to ensure access to regulated natural psychedelic substances is affordable, equitable, ethical, inclusive, and culturally responsible;
(E) protecting traditional uses and practices related to natural psychedelic substances and access voluntary training and best practices that advance safety and reduce harm of use that remains outside the regulated system;
(F) requirements, methods, reporting, and publication of information pertaining to the implementation and outcomes of this act, in order to comprehensively measure its success, safety, quality, impact on individuals’ well-being and public health;
(G) sustainability issues related to natural psychedelic substances and impact on Indigenous cultures and document existing reciprocity efforts and continuing support measures that are needed;
(H) potential future regulation and use of additional psychedelic substances with therapeutic potential, beyond those included in this chapter; and
(I) appropriate amounts of plants or fungi containing natural psychedelic substances that are equivalent to the personal use amounts set forth in section 5(b) of chapter 94J.
(c) The chair may appoint subcommittees in order to expedite the work of the board; provided, however, that the chair shall appoint at a minimum:
(i) a subcommittee on public health to develop recommendations on public health issues;
(ii) a subcommittee on public safety to develop recommendations on law enforcement and first responder training;
(iii) a subcommittee on natural psychedelic substance cultivation, distribution, and administration to develop recommendations on testing and licensing;
(iv) a subcommittee on facilitator licensing, scope of practice, and training;
(v) a subcommittee on natural psychedelic research;
(vi) a subcommittee on implementation and outcomes to develop recommendations on the requirements, methods, and reporting of information to measure the act’s success, safety, quality, and impact on individuals’ well-being;
(vii) a subcommittee on program participation and equity to develop recommendations on supporting women, minority and veteran-owned businesses, individuals with experience in the traditional use of natural psychedelic substances, and cooperative ownership models; and
(viii) a subcommittee on the Indigenous and traditional
uses of natural psychedelic substances.

Section 4

The General Laws are hereby amended by inserting after chapter 64N the following chapter: CHAPTER 64O. NATURAL PSYCHEDELIC SUBSTANCES TAX.

Section 1. Definitions. As used in this chapter, the following
words shall, unless the context clearly requires otherwise, have the following meanings:
(a) “Commissioner”, the commissioner of revenue.
(b) “Natural psychedelic substances” as defined in chapter 94J of the General Laws.
Section 2. State excise imposition; rate; payment. An excise tax is hereby imposed upon the sale of natural psychedelic substances to anyone other than a natural psychedelic substance licensee at a rate of 15 percent of the total sales price received by the seller as a consideration for the sale. The excise tax shall be levied in addition to state tax imposed upon the sale of property or services as provided in section 2 of chapter 64H of the General Laws and shall be paid by the seller to the commissioner at the time provided for filing the return required by section 16 of chapter 62C of the General Laws.
Section 3. Local tax option.
(a) Any city or town that accepts this section in the manner provided in section 4 of chapter 4 of the General Laws may impose a local sales tax upon the sale or transfer of natural psychedelic substance by a licensee operating within the city or town to anyone other than a natural psychedelic substance licensee at a rate not greater than 2 percent of the total sales price received by the seller for the sale of any natural psychedelic substance. The seller shall pay a local sales tax imposed under this section to the commissioner at the same time and in the same manner as the sales tax due to the commonwealth.
(b) All sums received by the commissioner under this section shall at least quarterly be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has accepted this section in proportion to the amount of such sums received in the city or town. Any city or town seeking to dispute the commissioner’s calculation of its distribution under this subsection shall notify the commissioner, in writing, not later than 1 year from the date the tax was distributed by the commissioner to the city or town.
(c) This section shall take effect in a city or town on the first day of the calendar quarter following 30 days after its acceptance by the city or town or on the first day of a later calendar quarter that the city or town may designate.
Section 4. Application of tax revenue. The commissioner shall deposit revenue collected pursuant to this chapter, other than revenue collected pursuant to section 2 of chapter 64H of the General Laws, in the Natural Psychedelic Substances Regulation Fund established by section 12 of chapter 94J of the General Laws and it shall be subject to appropriation. SECTION 5. The General Laws are hereby amended by inserting after chapter 94I the following chapter:
CHAPTER 94J.
REGULATED ACCESS TO NATURAL PSYCHEDELIC SUBSTANCES NOT MEDICALLY PRESCRIBED
Section 1. Definitions. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
(a) “Administration session” means a session held at a psychedelic therapy center or another location as permitted by regulation adopted by the commission at which a participant consumes, and experiences the effects of, a natural psychedelic substance under the supervision of a facilitator or facilitators.
(b) “Advisory board” means the natural psychedelic substances advisory board, established in section 80 of chapter 10 of the General Laws.
(c) “Commission” means the natural psychedelic substances commission established in section 79 of chapter 10 of the General Laws.
(d) “Cultivate” means the growing and cultivating of natural psychedelic substances.
(e) “Facilitator” means a person licensed by the commission who:
(1) is 21 years of age or older;
(2) has agreed to provide natural psychedelic services to a participant; and
(3) has met the requirements established by the commission.
A facilitator may be paid compensation for natural psychedelic services or for natural psychedelic substances and may provide natural psychedelic services to more than one participant at a time in group administration sessions. A facilitator is not required to provide the natural psychedelic substances.
(f) “Integration session” means a meeting between a participant and facilitator, or other authorized person, that occurs after the participant has completed an administration session.
(g) “Natural psychedelic substance” means the following substances from a plant or fungus and any plant, fungus or preparation containing those substances:
(1) Dimethyltryptamine;
(2) Mescaline;
(3) Ibogaine;
(4) Psilocybin; or
(5) Psilocyn.
“Natural psychedelic substance” does not mean a synthetic or synthetic analog of any of these substances, nor does it mean peyote, including all parts of the plant classified botanically as Lophophora williamsii, whether growing or not, its seeds, any extract from any part of the plant, and every compound, salt, derivative, mixture, or preparation of the plant, or its seeds or extracts.
(h) “Natural psychedelic substance licensee” means an individual or an entity licensed by the commission pursuant to this chapter.
(i) “Natural psychedelic services” means services provided by a facilitator or facilitators or other authorized person to a participant before, during, and after the participant’s consumption of a natural psychedelic substance, including, at minimum:
(1) A preparation session;
(2) An administration session; and
(3) An integration session.
(j) “Participant” means a person 21 years of age or older who purchases or receives a natural psychedelic substance from a natural psychedelic substance licensee for use in conjunction with natural psychedelic services at an approved location and under the supervision of a facilitator.
(k) “Preparation session” means a meeting between a participant and a facilitator, or other authorized person, that occurs before the participant participates in the administration session.
(l) “Preparation” means a combination of substances from plants or fungi and other ingredients, which is intended for use or consumption.
(m) “Process” means the separation of substances from plants or fungi using physical separation or a solvent, and includes the combining of substances with other ingredients to make preparations.
(n) “Psychedelic therapy center” means an entity licensed by the commission:
(1) That, as permitted pursuant to its license, purchases, acquires, cultivates, processes, transports, tests, or sells one or more natural psychedelic substances or related supplies; or provides natural psychedelic substances for natural psychedelic services at locations permitted by the commission; or engages in one or more of these activities;
(2) Where administration sessions are held; or
(3) Where natural psychedelic services are provided by a facilitator. A psychedelic therapy center may receive payment for natural psychedelic services, natural psychedelic substances, or other related services and products.
Section 2. Limitations
(a) Operating under the influence. This chapter does not amend existing penalties for operating, navigating or being in actual physical control of any motor vehicle, train, aircraft, motorboat or other motorized form of transport or machinery while impaired by a natural psychedelic substance or for consuming a natural psychedelic substance while operating, navigating or being in actual physical control of any motor vehicle, train, aircraft, motorboat or other motorized form of transport or machinery.
(b) Transfer to or possession by a person under 21 years of age. This chapter shall not be construed to permit the knowing transfer of any natural psychedelic substance, with or without remuneration, to a person under 21 years of age or to allow a person under 21 years of age to possess, use, purchase, obtain, cultivate, process, prepare, deliver or sell or otherwise transfer any natural psychedelic substance.
(c) Retail sale of natural psychedelic substances. This chapter shall not be construed to permit the sale of natural psychedelic substances to an individual for use at a location not approved by the commission or for the purpose of consumption other than during an administration session.
(d) Property. This chapter shall not be construed to:
(1) prevent a person from prohibiting or otherwise regulating the consumption, display, cultivation, processing, or sale of natural psychedelic substances on or in property the person owns, occupies or manages;
(2) prevent the commonwealth, a subdivision thereof or local government agency from prohibiting or otherwise regulating the possession or consumption of natural psychedelic substances within a building owned, leased or occupied by the commonwealth, a political subdivision of the commonwealth or an agency of the commonwealth or a political subdivision of the commonwealth; or
(3) authorize the possession or consumption of natural psychedelic substances on the grounds of or within a public or private school where children attend classes in preschool programs, kindergarten programs or grades 1 to 12, inclusive, or on the grounds of or within any correctional facility.
(e) Employment. This chapter shall not require an employer to permit or accommodate conduct otherwise allowed by this chapter in the workplace and shall not affect the
authority of employers to enact and enforce workplace policies restricting the consumption of natural psychedelic substances by employees.
(f) Negligent conduct. This chapter shall not amend existing penalties for conduct involving the performance of any task while impaired by a natural psychedelic substance that would constitute negligence or professional malpractice and shall not prevent the imposition of any civil, criminal or other penalty for such conduct.
(g) Adulteration and misbranding. This chapter shall not exempt natural psychedelic substances from sections 186 to 195, inclusive, of chapter 94 of the General Laws, relating to the adulteration and misbranding of food, drugs and various articles. A natural psychedelic substance prepared in compliance with the regulations under this chapter shall not be considered an adulterant or misbranded.
(h) Federal law. This chapter shall not be construed to:
(1) To require a person to violate a federal law; or
(2) To exempt a person from a federal law or obstruct the enforcement of a federal law.
Section 3. Local control
(a) A city or town may regulate the time, place, and manner of the operation of natural psychedelic substance licensees pursuant to this chapter within its boundaries.
(b) A city or town may not ban or completely prohibit the establishment or operation of natural psychedelic substance licensees operating in accordance with this chapter and commission rules within its boundaries.
(c) A city or town may not ban or completely prohibit the provision of natural psychedelic services offered in accordance with this chapter and commission rules.
(d) A city or town may not prohibit the transportation of natural psychedelic substances through its jurisdiction on public roads by a licensee or as otherwise allowed by this chapter.
(e) No agreement between a city or town and a natural psychedelic substance licensee shall require payment of a fee to that city or town that is not directly proportional and reasonably related to the costs imposed upon the city or town by the operation of a natural psychedelic substance licensee. Any cost to a city or town by the operation of a natural psychedelic substance licensee shall be documented and considered a public record as defined by clause Twenty-Sixth of section 7 of chapter 4 of the General Laws.
(f) A city or town may not adopt an ordinance or by-law that is unreasonably impracticable or in conflict with this act,but may enact ordinances or by-laws that impose lesser criminal or civil penalties related to natural psychedelic substances than provided by this act or other state law.
Section 4. Licensing of Natural Psychedelic Substances and Services
(a) The natural psychedelic substances commission shall, in consultation with the natural psychedelic substances advisory board and in accordance with chapter 30A of the General Laws, adopt regulations consistent with this chapter for the administration, clarification and enforcement of laws regulating and licensing the provision of natural psychedelic substances and services. The regulations shall include rules to:
(1) License qualified persons or entities for the following activities related to one or more natural psychedelic substances: cultivating, processing, transporting, testing, selling, operating a premises where natural psychedelic services take place, and facilitating natural psychedelic services that include:
(A) Establishing categories of licensure and registration that include, at minimum:
(i) a psychedelic therapy center license;
(ii) a facilitator license;
(iii) a cultivation, processing, or sales-only license that would allow for the provision and sale of natural psychedelic substances to a participant at the premises of a separately licensed psychedelic therapy center or approved location for use during an administration session at that psychedelic therapy center or approved location; and
(iv) a testing license for the testing of natural psychedelic substances for concentration and contaminants;
(B) Establishing license application, issuance, denial, renewal, suspension, and revocation procedures; and
(C) Establishing application, licensing and renewal fees that shall be:
(i) sufficient, but shall not exceed the amount necessary, to cover the cost of administering this chapter; and
(ii) for licensing and renewal fees, scaled based on either the volume of business of the licensee or the gross annual revenue of the licensee.
(2) Establish the requirements governing the safe provision of natural psychedelic services to participants that include:
(A) holding and verifying completion of a preparation session, an administration session, and an integration session;
(B) health and safety warnings that must be provided to
participants before natural psychedelic services begin;
(C) educational materials that must be provided to participants before natural psychedelic services begin;
(D) a safety screen provided by a facilitator that a participant must complete prior to an administration session;
(E) the form that each facilitator and participant must sign before providing or receiving natural psychedelic services verifying that the participant was provided accurate and complete health information in accordance with commission rules, was informed of identified risk factors and contraindications, and provided informed consent to receive natural psychedelic services;
(F) proper supervision during the administration session and safe transportation for the participant when the session is complete;
(G) provisions for group administration sessions where one or more facilitators provide natural psychedelic services to more than one participant as part of the same administration session;
(H) provisions to allow a facilitator or a psychedelic therapy center to refuse to provide natural psychedelic services to a participant;
(I) the requirements and standards for testing of natural psychedelic substances for concentration and contaminants, to the extent available technology reasonably permits;
(J) the standards for advertising and marketing natural psychedelic substances and natural psychedelic services;
(K) insurance requirements to the extent such policies are commercially available and not cost-prohibitive; and
(L) age verification procedures to ensure that a participant is 21 years of age or older.
(3) Establish the requirements governing the licensing and practice of facilitators, that include:
(A) the scope of practice for facilitators;
(B) the qualifications, education, and training requirements that facilitators must meet before providing natural psychedelic services, that shall:
(i) be tiered to require varying levels of education and training depending on the participants the facilitator will be working with and the services the facilitator will be providing;
(ii) include education and training on participant safety; contraindications; mental health; mental state; physical health; physical state; social and cultural considerations; physical environment; preparation; integration; and ethics;(iii) allow for limited waivers of education and training requirements based on an applicant’s prior experience, training, or skill, including, but not limited to, with natural psychedelic substances;
(iv) not impose unreasonable financial or logistical barriers that make obtaining a facilitator license commercially unreasonable for low-income people; and
(v) not require a professional license or professional degree other than a facilitator license granted pursuant to this section for the first tier of licensing.
(C) procedures and policies that allow for paid compensation for natural psychedelic services and natural psychedelic substances;
(D) procedures and policies that allow for the provision of natural psychedelic services to more than one participant at a time in group administration sessions;
(E) oversight and supervision requirements for facilitators, including professional responsibility standards and continuing education requirements;
(F) a complaint, review, and disciplinary process for facilitators who engage in misconduct; and
(G) recordkeeping, privacy, and confidentiality requirements for facilitators, provided such record keeping does not result in the disclosure to the public or any government agency of personally identifiable information of participants.
(4) Establish the requirements governing the licensing and operation of psychedelic therapy centers and other licensees, that include:
(A) oversight requirements for natural psychedelic substance licensees;
(B) recordkeeping, privacy, and confidentiality requirements for natural psychedelic substance licensees, provided such record keeping does not result in the disclosure to the public or any government agency of personally identifiable information of participants;
(C) security requirements for natural psychedelic substance licensees, including requirements for protection of each licensed psychedelic therapy center location by a fully operational security alarm system;
(D) procedures and policies that allow for natural psychedelic substance licensees to receive payment for services and natural psychedelic substances provided;
(E) procedures and policies to ensure statewide access to psychedelic therapy centers and natural psychedelic services;
(F) rules that prohibit an individual from having a financial
interest in more than 5 psychedelic therapy centers;
(G) rules that allow for natural psychedelic substance licensees to share the same premises with other natural psychedelic substance licensees or to share the same premises with health-care facilities, so that a participant may receive natural psychedelic substances from one natural psychedelic substance licensee and complete the administration session at a separately-owned and approved location;
(H) rules that allow a psychedelic therapy center to provide natural psychedelic services to a participant on a separate psychedelic therapy center’s premise, a licensed healthcare facility, a private residence, or other location allowed by the commission; and
(I) rules that allow for approval of locations not owned by a psychedelic therapy center where natural psychedelic services may be provided by licensed facilitators, including but not limited to, health-care facilities and private residences.
(5) Establish procedures, policies, and programs to ensure that natural psychedelic substances licensing and the provision of natural psychedelic services is equitable and inclusive and to promote the licensing of and the provision of natural psychedelic services to persons from low-income communities; to persons who face barriers to access to health care; to persons who have a history of traditional or Indigenous use of natural psychedelic substances; and to persons who are veterans that include, but are not limited to:
(A) reduced fees for licensure and facilitator training programs and other support services for applicants which may include loans and grants;
(B) incentivizing the provision of natural psychedelic services at a reduced cost to low-income individuals;
(C) incentivizing geographic and cultural diversity in licensing and the provision and availability of natural psychedelic services; and
(D) a process for annually reviewing the effectiveness of such policies and programs promulgated under this subdivision.
(6) Gather and publish, on an annual basis, adequate information to facilitate research concerning the implementation, safety, equity, quality and outcomes of this chapter, following sound data and privacy protocols, without revealing any identifiable details pertaining to individual participants.
(7) Adopt, amend, and repeal rules as necessary to implement this chapter and to protect the public health and safety.(b) The commission shall administer the laws and regulations relating to natural psychedelic substance licensees in this chapter.
(c) Upon receiving a complete application for a license under this chapter, the commission shall have 120 days to issue its decision on such application.
(d) The commission may suspend or revoke a natural psychedelic substances license under regulations made pursuant to this chapter upon written notice of a violation and, if applicable, an opportunity to cure any violation within 30 days of such notice. All natural psychedelic substance licensees shall be entitled to an adjudicatory hearing pursuant to chapter 30A of the General Laws prior to suspension of a license for longer than 5 days or the revocation of a license.
(e) The commission shall enforce the laws and regulations relating to the cultivation, processing, preparing, delivery, storage, sale, facilitation, and testing of natural psychedelic substances and the provision of natural psychedelic services. The commission shall conduct investigations of compliance with this chapter and shall perform regular inspections of licensees and the books and records of licensees as necessary to enforce this chapter. The commission shall cooperate with appropriate state and local organizations to provide training to law enforcement officers of the commonwealth and its political subdivisions.
(f) The commission shall hold a public hearing before the adoption, amendment or repeal of any regulation. Adjudicatory proceedings shall be conducted pursuant to chapter 30A of the General Laws and to standard rules of adjudicatory procedure established pursuant to section 9 of chapter 30A of the General Laws.
(g) The commission shall annually publish a full report of its actions during each year containing a comprehensive description of its activities and a statement of revenue and expenses of the commission.
(h) The commission shall deposit all license, registration and monetary penalties collected pursuant to this chapter in the Natural Psychedelic Substances Regulation Fund established by section 12 of this chapter.
(i) In carrying out its duties under this chapter, the commission shall consult with the natural psychedelic substances advisory board and may also consult with other state agencies or any other individual or entity the commission finds necessary.

Section 5 Personal use of natural psychedelic substances

(a) Notwithstanding any other general or special law to the contrary, except as otherwise provided in this chapter, a person 21 years of age or older shall not be arrested,
prosecuted, penalized, sanctioned or disqualified under the laws of the commonwealth in any manner, or denied any right or privilege and shall not be subject to seizure or forfeiture of assets for:
(1) Possessing, using, processing, or testing not more than a personal use amount of a natural psychedelic substance;
(2) Possessing, cultivating, or processing plants or fungi capable of producing a natural psychedelic substance and possessing the natural psychedelic substance produced from those plants or fungi so long as:
(A) the plants or fungi being cultivated do not cumulatively exceed an area of more than 12 feet wide by 12 feet long in one or more cultivation areas in or on the grounds of the residence of the person cultivating the natural psychedelic substance and are secured from access by persons under 21 years of age; and
(B) any natural psychedelic substances produced in excess of a personal use amount are kept in or on the grounds of the residence of the person cultivating the natural psychedelic substance and are secured from access by persons under 21 years of age.
(3) Assisting another person who is 21 years of age or older in any of the acts described in this section; and
(4) Giving away or otherwise transferring without remuneration not more than a personal use amount of a natural psychedelic substance to a person 21 years of age or older, so long as the transfer is not advertised or promoted to the public and is not part of a business promotion or other commercial activity.
(b) For purposes of this chapter, “personal use amount” means the following amounts of natural psychedelic substances per person:
(1) One (1) gram of dimethyltryptamine;
(2) Eighteen (18) grams of mescaline;
(3) Thirty (30) grams of ibogaine;
(4) One (1) gram of psilocybin; and
(5) One (1) gram of psilocyn.
“Personal use amount” does not include the weight of any material of which the substance is a part or to which the substance is added, dissolved, held in solution, or suspended, or ingredients or material combined with substances specified in this subsection from plants or fungi as part of a preparation.
(c) Notwithstanding any other general or special law to the contrary, except as otherwise provided in this chapter, a person shall not be arrested, prosecuted, penalized, sanctioned or otherwise denied any benefit and shall not be subject to seizure or forfeiture of assets for allowing property the person owns, occupies or manages to be used for any of the activities conducted lawfully under this chapter or for enrolling or employing a person who engages in natural psychedelic substance-related activities lawfully under this chapter.
(d) Absent clear, convincing and articulable evidence that the person’s actions related to any natural psychedelic substance have created an unreasonable danger to the safety of a minor child, neither the presence of natural psychedelic substance components or metabolites in a person’s bodily fluids nor conduct permitted under this chapter related to natural psychedelic substances by a person charged with the well-being of a child shall form the sole or primary basis for substantiation, service plans, removal or termination or for denial of custody, visitation, or any other parental right or responsibility.
(e) The use of natural psychedelic substances shall not disqualify a person from any needed medical procedure or medical treatment or any other lawful health related service.
(f) Nothing in this chapter shall restrict the sale, possession, display, or cultivation of living plants that were lawful prior to the enactment of this section.
(g) Engaging in natural psychedelic substance-related activities as permitted under this chapter shall not, by itself, be the basis to deny eligibility for any public assistance program, unless required by federal law.
(h) Nothing in this section shall be construed to allow a person to cultivate, process, or prepare a natural psychedelic substance in an inherently hazardous manner.
(i) Nothing in this section shall be construed to preclude any actions by a natural psychedelic substance licensee consistent with commission rule.

Section 6 Natural psychedelic substance paraphernalia authorized

Notwithstanding any general or special law to the contrary, except as otherwise provided in this chapter, a person 21 years of age or older shall not be arrested, prosecuted, penalized, sanctioned or disqualified and shall not be subject to seizure or forfeiture of assets for possessing, purchasing or otherwise obtaining or manufacturing paraphernalia used for natural psychedelic substance-related activities or for selling or otherwise transferring paraphernalia used for natural psychedelic substance-related activities to a person who is 21 years of age or older.

Section 7 Lawful operation of natural psychedelic substance licensees

(a) Notwithstanding any other general or special law to the contrary, except as otherwise provided in this chapter, actions and conduct permitted pursuant to a natural psychedelic substance license issued by the commission or otherwise permitted by commission rule, or by those who allow property to be used pursuant to a natural psychedelic substance license issued by the commission or as otherwise permitted by commission rule, are not unlawful and shall not be an offense under state law, or the laws of any locality within the state, or be subject to a civil fine, penalty, or sanction, or be a basis for detention, search, or arrest, or to deny any right or privilege, or to seize or forfeit assets under state law or the laws of any locality within the state.
(b) Nothing in this section shall be construed or interpreted to prevent the commission from enforcing its rules against a natural psychedelic substance licensee or to limit a state or local law enforcement agency’s ability to investigate unlawful activity in relation to a licensee.

Section 8 Contracts pertaining to natural psychedelic substances enforceable

It is the public policy of the commonwealth that contracts related to natural psychedelic substances under this chapter shall be enforceable. A contract entered into by a natural psychedelic substance licensee or its agents as permitted pursuant to a valid license issued by the commission, or by those who allow property to be used by a natural psychedelic substance licensee or its agents as permitted pursuant to a valid license issued by the commission or as permitted by commission rule, shall not be unenforceable or void exclusively because the actions or conduct permitted pursuant to the license is prohibited by federal law.

Section 9 Provision of professional services

A person engaged in a profession or occupation subject to licensure shall not be subject to disciplinary action by a professional licensing board solely for providing professional services related to activity permitted under this chapter that is not subject to criminal penalty under the laws of the commonwealth. This section does not permit a person to engage in malpractice or to violate the standards of professional practice for which a person is licensed.

Section 10 Insurance

Unless required by federal law, mental health, substance use disorder, or behavioral health services otherwise covered under MassHealth shall not be denied on the basis that they are covered in conjunction with natural psychedelic services or that natural psychedelic substances are prohibited by federal law. No insurance or insurance provider is required to cover the cost of a natural psychedelic substance itself.

Section 11 Penalties

(a) Restrictions on access by persons under 21. A person who violates section 5(a)(2) of this chapter by failing to secure plants, fungi, or natural psychedelic substances from access by persons under 21 years of age shall be punished by a civil penalty of not more than $100 and forfeiture of the natural psychedelic substance.
(b) Restrictions on possession in excess of the personal use amount. A person who is at least 21 years of age and who possesses an amount of a natural psychedelic substance that is more than the personal use amount but not more than double the personal use amount, except as permitted by section 5(a)(2) of this chapter, shall be subject to a civil penalty of not more than $100 and forfeiture of the natural psychedelic substance, but shall not be subject to any other form of criminal or civil punishment or disqualification solely for this conduct.
(c) Restrictions on public consumption of natural psychedelic substances. No person shall consume any natural psychedelic substance in a public place. A person who violates this subsection shall be punished by a civil penalty of not more than $100. This subsection shall not apply to a person who consumes a natural psychedelic substance at a location licensed or approved by the commission to provide natural psychedelic services.
(d) Possession by a person under 21 years of age. A person under 21 years of age who possesses not more than a personal use amount of a natural psychedelic substance shall be punished by a civil penalty of not more than $100 and shall complete a drug awareness program established pursuant to section 32M of chapter 94C of the General Laws. The parents or legal guardian of any offender under the age of 18 shall be notified in accordance with section 32N of chapter 94C of the General Laws and the failure within 1 year of the offense of such an offender to complete a drug awareness program may be a basis for delinquency proceedings for persons under the age of 17 at the time of the person’s offense.
(e) Enforcement. Civil penalties imposed pursuant to this section shall be enforced by utilizing the non-criminal disposition procedures provided in section 32N of chapter 94C of the General Laws.
Section 12. Natural Psychedelic Substances Regulation Fund
(a) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Natural Psychedelic Substances Regulation Fund. It shall, subject to appropriation, consist of all monies received on
account of the commonwealth as a result of applications for and licensing under this chapter, all civil penalties received for violations of this chapter, revenue generated by the state tax imposed by section 2 of chapter 64O of the General Laws and interest earned or other income on balances in the fund.
(b) Subject to appropriation, the fund shall be expended first for the implementation, administration and enforcement of this chapter by the commission.
SECTION 6. Notwithstanding any general or special law to the contrary, in making initial appointments to the natural psychedelic substances commission established in section 79 of chapter 10 of the General Laws, of the members to be appointed by majority agreement of the governor, the attorney general, and the treasurer and receiver general, 1 commissioner shall be appointed for a term of 3 years and 1 shall be appointed for a term of 4 years. The commissioner to be appointed by the treasurer and receiver general shall serve for a term of 5 years, the commissioners to be appointed by the attorney general shall serve for a term of 6 years and the commissioner appointed by the governor shall serve for a term of 7 years. Commissioners shall be appointed by March 1, 2025; provided, however, that no person shall be allowed to serve on the commission prior to the completion of a background investigation check pursuant to said section 79 of said chapter 10.
SECTION 7. Notwithstanding any general or special law to the contrary, the initial appointments to the natural psychedelic substance advisory board established in section 80 of chapter 10 of the General Laws shall be made by March 1, 2025.
The advisory board shall meet at least quarterly until January 1, 2028, and thereafter at a frequency of its choosing.
SECTION 8. The natural psychedelic substances commission shall promulgate regulations under section 4 of chapter 94J of the General Laws concerning at least one natural psychedelic substance not later than April 1, 2026, provided that regulations concerning all natural psychedelic substances are promulgated not later than April 1, 2028.
SECTION 9. The natural psychedelic substances commission shall begin accepting applications for licensure under section 4 of chapter 94J of the General Laws not later than September 30, 2026.
SECTION 10. This act shall take effect on December 15,
2024.

Law Proposed by Initiative Petition

Full Text of Question 5:

Minimum Wage for Tipped Workers

Be it enacted by the People, and by their authority: An Act to Require the Full Minimum Wage for Tipped Workers with Tips on Top

Section 1

Section 7 of Chapter 151 of the General Laws is hereby amended by striking the third paragraph, as amended by Chapter 121 of the Acts of 2018, and inserting in place thereof the following paragraph:In
determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee, which for purposes of such determination shall be not less than sixty-four percent of the wage in effect under section 1 ; and (2) an additional amount on account of the tips received by such employee, which amount is at least the difference between the wage specified in clause (1) and the wage in effect under section 1, with payments to the employee to be consistent with section 148 of chapter 149. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.

Section 2

Said section 7 of said chapter 151 is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:

In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee, which for purposes of such determination shall be not less than seventy-three percent of the wage in effect under section 1; and (2) an additional amount on account of the tips received by such employee, which amount is at least the difference between the wage specified in clause (1) and the wage in effect under section 1, with payments to the employee to be consistent with section 148 of chapter 149. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.

Section 3

Said section 7 of said chapter 151 is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:

In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee, which for purposes of such determination shall be not less than eighty-two percent of the wage in effect under section 1; and (2) an additional amount on account of the tips received by such employee, which amount is at least the difference between the wage specified in clause (1) and the wage in effect under section 1, with payments to the employee to be consistent with section 148 of chapter 149. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.

Section 4

Said section 7 of said chapter 151 is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:

In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee, which for purposes of such determination shall be not less than ninety-one percent of the wage in effect under section 1; and (2) an additional amount on account of the tips received by such employee, which amount is at least the difference between the wage specified in clause (1) and the wage in effect under section 1, with payments to the employee to be consistent with section 148 of chapter 149. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.

Section 5

Said section 7 of said chapter 151 is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-

In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee, which for purposes of such determination shall be not less than one hundred percent of the wage in effect under section 1; and (2) an additional amount on account of the tips received by such employee, with payments to the employee to be consistent with section 148 of chapter 149. This paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.

Section 6

Section 152A of Chapter 149 of the General Laws is hereby amended by striking paragraph (c) and inserting in place thereof the following paragraph:
(c) Provided that an employer is paying all employees a wage that is not less than the full minimum wage as provided in section 1 of chapter 151, the employer may require that wait staff employees, service employees or service bartenders participate in a tip pool through which such employee remits any wage, tip or service charge, or any portion thereof, for distribution to employees that are not wait staff employees, service employees or service bartenders. An employer may administer a valid tip pool and may keep a record of the amounts received for bookkeeping or tax reporting purposes.

Section 7 

Sections 1 and 6 shall take effect on January 1, 2025.

Section 8  

Section 2 shall take effect on January 1, 2026.

Section 9  

Section 3 shall take effect on January 1, 2027.

Section 10 

Section 4 shall take effect on January 1, 2028.

Section 11  

Section 5 shall take effect on January 1, 2029.