HOUSE DOCKET, NO. 1391        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 312

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael J. Moran

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

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

An Act relative to a model carrier reporting requirement.

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PETITION OF:

HOUSE DOCKET, NO. 1391        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 312

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1988 OF 2017-2018.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to a model carrier reporting requirement.

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

It shall be the duty of every railroad company, express company, common or contract carrier, and of every firm or corporation that shall bring, carry or transport wine, beer or distilled spirits, as defined in section 1 of this chapter, into the Commonwealth, to prepare and file monthly with the Commission, a report, which shall include the name and license number of the supplier, the quantity of wine, beer or distilled spirits shipped, the recipient’s name and address, and an electronic or paper form of signature from the recipient of the wine, beer or distilled spirits.  Records shall be submitted to the Commission, on a monthly basis, on forms prescribed by the Commission. Reports received by the Commission shall be made available by the Commission to the public via the FOIA process in the same manner as other state alcohol filings.

Upon the Commission’s request, the records supporting the report, shall be made available to the Commission within 30 days. The books, records, supporting papers and documents containing information and data relating to such reports shall be kept and preserved for a period of three years, unless their destruction sooner is authorized, in writing, by the Commission, and shall be open and available to inspection by the Commission at all times during business hours of the day.  Reports shall also be made available to any law enforcement or regulatory body in the state in which a carrier included in a report resides or does business.

Any person who knowingly violates any of the provisions of this section or any of the rules and regulations of the Commission for the administration and enforcement of the provisions of this section is subject to a notification of violation for the first offense.  In the case of a continuing violation the carrier is subject to possible license suspension and revocation at the Commission’s discretion.  Repeat offenses may be subject to fines as follows; second offense $1000; third offense $3000; fourth offense, $5000; fifth offense; $10,000.