Amendment ID: S2397-32

Amendment 32

Failure to Comply with Access Improvement Plan

Mr. Montigny moves that the proposed new draft be amended , in section 19, by striking out, in line 352, subsection (l) in its entirety and inserting in place thereof the following three subsections:-

“(l) The commission shall assess a civil penalty to a manufacturer of not more than $500,000, in each instance, if the commission determines that the manufacturer:  (i) willfully neglected to participate in a public hearing held pursuant to subsection (k); (ii) failed to appear at a public hearing held pursuant to subsection (k); (iii) failed to act in good faith during a hearing held pursuant to subsection (k); or (iv) knowingly failed to provide information requested by the commission at a public hearing held pursuant to subsection (k).

(m) Amounts collected under this section shall be deposited in to the Prevention and Wellness Trust Fund established in section 2G of chapter 111.  The commission shall refer violations of subsection (j) and subsection (l) to the attorney general for further review under chapter 93A.

(n) The commission shall promulgate regulations necessary to implement this section.”;

and by inserting after section 32 the following new section:-

“SECTION 32A.  Section 2 of chapter 93A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after subsection (c) the following:-

(d) The attorney general may promulgate regulations to define a violation of an access improvement plan, under subsection (j) or subsection (l) of section 21 of chapter 6D, as an “unfair practice” prohibited by this section.  Such regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the Federal Courts interpreting the provisions of 15 U.S.C. 45(a)(1) (The Federal Trade Commission Act), as from time to time amended, nor be inconsistent with federal patent law pursuant to United States Code Title 35.”