HOUSE  .  .  .  .  .  .  .  .  No. 4478

The Commonwealth of Massachusetts

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HOUSE OF REPRESENTATIVES, March 21, 2024.

The committee on Consumer Protection and Professional Licensure, to whom was referred the petition (accompanied by bill, House, No. 372) of Michael J. Moran relative to reporting requirements for corporations that bring, carry or transport wine, beer or distilled spirits, reports recommending that the accompanying bill (House, No. 4478) ought to pass.

For the committee,

TACKEY CHAN.

        FILED ON: 2/6/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4478

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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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:
 

Section 22 of chapter 138 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the ninth paragraph the following:-

It shall be the duty of every parcel delivery service, or a general express or trucking business licensed pursuant to this section, that shall deliver, carry or transport wine, beer or distilled spirits, as defined in section 1 of this chapter, into the Commonwealth to consumers, to prepare and file monthly with the Commission, a report, which shall include the point of origin of the shipment, the name, address, and license number of the supplier, the quantity of wine, beer or distilled spirits shipped, and the recipient’s name and address.  Reports shall be submitted to the Commission, on a monthly basis, on forms prescribed by the Commission.

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 parcel delivery service, or a general express or trucking business that 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.  In the case of a continuing failure to make or submit reports, the parcel delivery service, or a general express or trucking business may be subject to license suspension or revocation at the Commission’s discretion.