Review of 2018 Massachusetts Ballot Questions, New Law

Three questions will appear on the 2018 ballot. Although they do not directly address real estate, additional ballot questions were preempted by the legislature and have now been worked into a new law that owners and managers of small businesses should know about.

Governor Charlie Baker signs the so-called "Grand Bargain" June 28, 2018. Mass.gov.

Question 1: Healthcare

A “yes” on Question One would establish a set of 18 different limits to the number of patients that could be assigned to a nurse. For instance, a nurse could have only one patient assigned to them if their patient were under anesthesia. Whereas they could have five patients assigned to them if their patients were all non-urgent stable.

Question 2: Campaign Finance

A “yes” on Question Two would establish a 15-person, unpaid commission, to be appointed by various state officials, to “establish that corporations do not have the same Constitutional rights as human beings and that campaign contributions and expenditures may be regulated.” Enacting the recommendations would require an amendment to the federal United States Constitution, outside the jurisdiction of the commission.

Question 3: Transgender Veto Referendum

A “yes” on Question Three would leave the status quo, where “gender identity” is a protected class when it comes to public accommodations, like restrooms. This question has no impact on whether “gender identity” remains a protected class on rental applications (it is and will remain so). The wording of the question is aimed at public accommodations in particular. It will be, “Do you approve of a law summarized below, which was approved by the House… and by the Senate… in 2016?” It means, “Do you approve of the current law?” A “no” vote would repeal the 2016 protections for transgender people using public restrooms.

Other Questions Will Not Appear, Already Became Law on June 20

Under Massachusetts law, a ballot question must be presented to the legislature for possible enactment prior to the ballot. As a result of political pressure to negotiate, this is what happened to three ballot initiatives concerning a $15 minimum wage, paid family and medical leave, and sales tax.

Under the so-called “Grand Bargain” passed June 20, signed into law June 28, four key changes are taking place. Workers may now purchase state-backed insurance for up to 12 weeks of paid leave. The minimum wage will be $15/hr by 2023. Time-and-a-half will no longer be required on Sundays. There will be a sales tax holiday in August. Although ballot supporters asked for it, sales tax will not be reduced.

It is noteworthy that the bill was reported favorably by House Ways and Means on June 20, and the rules of the House were suspended three times so that the bill could be passed that very day. Passage through the Senate was equally slapdash. Of the 40 in the Senate, only Senators Humason (Second Hampden and Hampshire) and Fatmann (Worcester and Norfolk) voted against.

Owners and managers should set a reminder to make sure that they are paying their workers the correct wage rates each year.