Budget Amendment ID: FY2021-S4-334
ECO 334
Millbury Funding
Mr. Moore moved that the proposed new text be amended by inserting after section ____ the following section:-
"SECTION XX. Item 7008-1116 of section 2 of chapter 41 of the acts of 2019 is hereby amended by inserting after the words “Millbury” the following words:- and such funds shall be made available until June 30, 2021."
Budget Amendment ID: FY2021-S4-336
ECO 336
Ensuring Housing Protections During COVID-19
Mr. Crighton, Ms. Rausch, Ms. Comerford, Ms. Jehlen, Messrs. Eldridge and Hinds, Ms. Chang-Diaz, Mr. Cyr, Ms. Lovely and Mr. Montigny moved that the proposed new text be amended in section 2, in item 7004-9316, by inserting after the words “guidelines established by the department;” the following words:- “provided further, that, from the passage of this act until the termination of the state of emergency concerning the outbreak of the 2019 novel coronavirus disease declared by the governor on March 10, 2020, the department shall allow a short, simple application requiring minimal processing time;”; and
by inserting after section X the following 2 sections:-
“SECTION X. For the purposes of this section, “COVID-19 emergency” shall mean the state of emergency concerning the novel coronavirus disease outbreak declared by the governor on March 10, 2020.
Notwithstanding any general or special law to the contrary, from the passage of this act until the termination of the COVID-19 emergency, a court having jurisdiction over an action for summary process under chapter 239 of the General Laws, including the Boston municipal court department, shall not make public or publish, in any manner, the name or other personal identifying information, including, but not limited to, the person’s address, of any person named as a party to a summary process or civil action if: (i) the plaintiff seeks non-payment of rent for a residential unit; (ii) such non-payment of rent was due to a financial hardship related to, or exacerbated by, the COVID-19 emergency; and (iii) either (A) the summary process or civil action does not result in a judgment against the defendant, or (B) the defendant demonstrated best efforts to come to a reasonable agreement with the plaintiff prior to the entering of the judgment, which may include, but not be limited to, applying for short-term emergency rental assistance, offering to pay not less than 30 per cent of the plaintiff's household income, making good faith efforts to engage in mediation and any other efforts the court deems necessary; provided, however, that such information shall be impounded and shall remain permanently unavailable for public inspection or publication, except to the parties to the action or their attorney, or as ordered by the court for good cause shown. A landlord shall not furnish rental payment data to a consumer reporting agency, as defined in section 50 of chapter 93 of the General Laws, with regards to information that is impounded under this section.
SECTION X. For the purposes of this section, “COVID-19 emergency” shall mean the state of emergency concerning the novel coronavirus disease outbreak declared by the governor on March 10, 2020.
From the passage of this act until 45 days after the termination of the COVID-19 emergency, there shall be a task force on the COVID-19 eviction diversion initiative. The task force shall track the initiative’s outcomes and make recommendations on how to improve its effectiveness, efficiency and reach.
The task force shall make recommendations relative to all aspects of the COVID-19 eviction diversion initiative including, but not limited to, the administration and accessibility of: (i) Mass211 services; (ii) intakes and referrals by housing consumer education centers; (iii) short-term emergency rental assistance programs including, but not limited to, the rental assistance for families in transition program and the emergency rental and mortgage assistance program; (iv) the upstream tenancy preservation program; (v) community mediation; (vi) legal representation and related services; (vii) the HomeBASE household assistance program; (viii) the strategic prevention initiative; and (ix) the eviction process in the trial court. The task force may also propose new initiatives to supplement existing programs intended to prevent evictions or homelessness during the COVID-19 emergency.
The task force shall consist of the following persons or their designees: the chairs of the joint committee on housing, who shall serve as co-chairs; the secretary of the executive office of housing and economic development; the chief justice of the trial court; and 8 persons appointed by the governor, 4 of whom shall represent organizations dedicated to preserving residential tenancies or housing low or moderate income households and 4 of whom shall represent landlords or real estate organizations. The task force shall consult with other individuals with relevant expertise, including academics, researchers and housing stability service providers, as needed.
The task force shall meet as frequently as the co-chairs deem necessary, but not less than once a month. Not later than January 31, 2021, and as frequently as the co-chairs deem necessary thereafter, the task force shall submit a report of its findings and recommendations, together with drafts of any legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and house of representatives and the house and senate committees on ways and means; provided, however, that the task force may submit interim reports and recommendations at any time.
”.
Budget Amendment ID: FY2021-S4-336-R1
Redraft ECO 336
Ensuring Housing Protections During COVID-19
Mr. Crighton, Ms. Rausch, Ms. Comerford, Ms. Jehlen, Messrs. Eldridge and Hinds, Ms. Chang-Diaz, Mr. Cyr, Ms. Lovely and Mr. Montigny moved that the proposed new text be amended in section 2, in item 7004-9316, by inserting after the words “guidelines established by the department” the following words:- “; provided further, that income verification shall be conducted by using: (1) documentation provided by the household, requiring the same documentation and process used to conduct income verification under this item in fiscal year 2020 or fewer documents as directed by the department; or (2) third-party income verification; provided further, that the manner in which income verification is conducted for each participant shall be at the discretion of the regional administering agency; provided further, that, from the passage of this act until the termination of the state of emergency concerning the outbreak of the 2019 novel coronavirus disease declared by the governor on March 10, 2020, the department shall allow a short, simple application requiring minimal processing time”; and
by inserting after section 40 the following 2 sections:-
“SECTION 40A. For the purposes of this section, “COVID-19 emergency” shall mean the state of emergency concerning the novel coronavirus disease outbreak declared by the governor on March 10, 2020.
Notwithstanding any general or special law to the contrary, from the passage of this act until the termination of the COVID-19 emergency, a court having jurisdiction over an action for summary process under chapter 239 of the General Laws, including the Boston municipal court department, shall not make public or publish, in any manner, the name or other personal identifying information, including, but not limited to, the person’s address, of any person named as a party to a summary process or civil action if: (i) the plaintiff seeks non-payment of rent for a residential unit; (ii) such non-payment of rent was due to a financial hardship related to, or exacerbated by, the COVID-19 emergency; and (iii) either (A) the summary process or civil action does not result in a judgment against the defendant; or (B) upon a motion filed after a judgment has been entered against the defendant, the court finds that the defendant demonstrated best efforts to come to a reasonable agreement with the plaintiff prior to the entering of the judgment, which may include, but shall not be limited to, applying for short-term emergency rental assistance, offering to pay not less than 30 per cent of the plaintiff's household income, making good faith efforts to engage in mediation and any other efforts the court deems necessary; provided, however, that such information shall be impounded and shall remain permanently unavailable for public inspection or publication, except to the parties to the action or their attorney, or as ordered by the court for good cause shown. A landlord shall not furnish rental payment data to a consumer reporting agency, as defined in section 50 of chapter 93 of the General Laws, with regards to information that is impounded under this section.
SECTION 40B. For the purposes of this section, “COVID-19 emergency” shall mean the state of emergency concerning the novel coronavirus disease outbreak declared by the governor on March 10, 2020.
From the passage of this act until 45 days after the termination of the COVID-19 emergency, there shall be a task force on the COVID-19 eviction diversion initiative. The task force shall track the initiative’s outcomes and make recommendations on how to improve its effectiveness, efficiency and reach.
The task force shall make recommendations relative to all aspects of the COVID-19 eviction diversion initiative including, but not limited to, the administration and accessibility of: (i) Mass211 services; (ii) intakes and referrals by housing consumer education centers; (iii) short-term emergency rental assistance programs including, but not limited to, the rental assistance for families in transition program and the emergency rental and mortgage assistance program; (iv) the upstream tenancy preservation program; (v) community mediation; (vi) legal representation and related services; (vii) the HomeBASE household assistance program; (viii) the strategic prevention initiative; and (ix) the eviction process in the trial court of the commonwealth. The task force may also propose new initiatives to supplement existing programs intended to prevent evictions or homelessness during the COVID-19 emergency.
The task force shall consist of the following persons or their designees: the chairs of the joint committee on housing, who shall serve as co-chairs; the secretary of the executive office of housing and economic development; the chief justice of the trial court; the chief justice of the housing court department; and 8 persons appointed by the governor, 4 of whom shall represent organizations dedicated to preserving residential tenancies or housing low or moderate income households and 4 of whom shall represent landlords or real estate organizations. The task force shall consult with other individuals with relevant expertise, including academics, researchers and housing stability service providers, as needed.
The task force shall meet as frequently as the co-chairs deem necessary, but not less than once a month. Not later than January 31, 2021, and as frequently as the co-chairs deem necessary thereafter, the task force shall submit a report of its findings and recommendations, together with drafts of any legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and house of representatives and the house and senate committees on ways and means; provided, however, that the task force may submit interim reports and recommendations at any time.”.”.
SENATE . . . . . . . . . . . . . . No. 2958
Text of amendment (Senator Tarr) to the Senate Bill making appropriations for the fiscal year 2021 for the maintenance of the departments, boards, commissions, institutions and certain activities of the commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (Senate, No. 4). |
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
_______________
by inserting the following new sections:-
"SECTION 1. Chapter 4 of the General Laws, as so appearing in the 2018 official edition, is hereby amended by striking out lines 67-76, in section 7, and inserting in place thereof the following:-
Tenth, “illegal gaming,” a banking or percentage game played with cards, dice, tiles or dominoes, or an electronic, electrical or mechanical device or machine for money, property, checks, credit or any representative of value, but excluding: (i) a lottery game conducted by the state lottery commission, under sections 24, 24A and 27 of chapter 10; (ii) a game conducted under chapter 23K; (iii) a sports wager conducted under chapter 23N; (iv) pari-mutuel wagering on horse races under chapters 128A and 128C and greyhound races under said chapter 128C; (v) a game of bingo conducted under chapter 271; and (vi) charitable gaming conducted under said chapter 271.
SECTION 2. The General Laws, as so appearing, are hereby amended by inserting after chapter 23M, the following new chapter:
Chapter 23N: Authorization and Regulation of Sports Wagering
Section 1. Notwithstanding any provision or law to the contrary, the operation of sports wagering and ancillary activities are lawful when conducted in accordance with this chapter and chapter 23K.
Section 2. As used in this chapter, the following words shall, unless the context clearly requires otherwise have the following meanings:--
“Category S license”, a category S1, S2, or SM license issued by the commission.
“Category S licensee”, an operator who holds a category S license.
“Category S1 license”, a license issued by the commission pursuant to this chapter that permits the licensee to operate a sports pool at a category 1 gaming establishment under chapter 23K and operate up to 3 online sports pools.
“Category S2 license”, a license issued by the commission that permits the operation of sports wagering in person or through a mobile application and other digital platforms at a race track as defined in section 1 of chapter 128A or a license issued by the commission that permits the operation of sports wagering through a mobile application and other digital platforms and in person at a live thoroughbred race track approved by the commission, provided that said race track makes an initial capital investment of at least $20M and conducts at least ten race days per year.
“Category SM license”, a license issued by the commission pursuant to this chapter that permits the licensee to operate an online sports pool.
“Collegiate sporting event”, a sporting event in which a postsecondary athletic team or teams or an individual on behalf of a postsecondary institution competes.
“Commission”; the Massachusetts gaming commission established in section 3 of chapter 23K.
“Electronic sports”, a single or multiplayer video game played competitively by professional gamers.
“Gross sports wagering revenues”, the total gross receipts derived from sports wagers.
“In-play sports wager”, a sports wager on a sporting event after the sporting event has commenced and before it concludes; provided that the commission shall approve all in-play sports wagering in a manner it prescribes; provided further that this definition does not include in-play sports wagers on the sole performance or nonperformance of any individual participating in a collegiate sporting event or events.
“Online sports pool”, a sports pool operation, operating pursuant to a proper category S license issued by the commission, in which wagers on sporting events are made over the internet through computers, mobile applications or mobile devices.
“Online sports pool operator”, an entity that holds a license issued by the commission to operate an online sports pool or is licensed under section 31 of chapter 23K as a gaming vendor to operate an online sports pool.
“Personal biometric data”, an athlete’s personal and medical information including, but not limited to: DNA, heart rate, blood pressure, perspiration rate, internal or external body temperature, hormone levels, glucose levels, hydration levels, vitamin levels, bone density, muscle density, and sleep patterns.
“Sports wager”, a cash or cash equivalent paid by an individual to participate in sports wagering.
“Professional sport”, a sport in which professional athletes compete or an event designated by the commission.
“Prohibited conduct”, any statement, action, and other communication intended to unduly or unlawfully influence, manipulate, or control a betting outcome of a sporting contest or of any individual occurrence or performance in a sporting contest in exchange for financial gain or to avoid financial or physical harm.
“Prohibited sporting event” includes:
(a)Any amateur sporting event where the participants are primarily under the age of 18;
(b)Any collegiate sporting event not involving Division I teams and athletes, as defined by the National Collegiate Athletic Association.
(c)Any Olympic event;
(d)Any electronic sports event; and
(e)Any fantasy contest as defined in section 135 of chapter 219 of the acts of 2016.
“Prohibited sports bettor” means:
(a)Any member or employee of the commission and any spouse, child, sibling, or parent residing in the same household as a member or an employee of the commission;
(b)Any contractor of the commission or its agents when such contract relates to the conduct of sports wagering;
(c)Any contractor or employee of an entity that conducts sports wagering in another jurisdiction when the bettor possesses confidential nonpublic information as a result of his or her contract or employment relating to the wager being placed;
(d)Any amateur or professional athlete if the sports wager is based in whole or in part on a sport or athletic event overseen by the athlete’s sports governing body;
(e)Any sports agent, owner, or employee of a team, player, umpire, referee, coach, union official, or official of a sports governing body if the sports wager is based in whole or part on a sport or athletic event overseen by the governing sports body which oversees the individual’s sport;
(f)Any individual placing a wager as an agent of or proxy for a prohibited sports bettor;
(g)Any person under the age of 21;
(h)Any individual who has an ownership interest in, control of, or is otherwise employed by a Category S licensee;
(i)The directors, officers, owners, and employees of the operator, and any relative living in the same household as such persons; and
(j)Persons who hold a position of authority or influence sufficient to exert influence over the participants in a sporting event;
(k)Persons physically located outside of the commonwealth.
“Sporting event”, any professional sport or athletic event, or a collegiate sport or athletic event;
“Sports governing body”, a sports organization that has a regulatory, sanctioning or organizing function for a specific sport or athletic event; provided that this definition shall include, but not be limited to, a professional sports organization as defined in 28 U.S.C. section 3701(3) and national governing body as defined in 36 U.S.C. section 220501(b)(8).
“Sports pool”, the business of accepting wagers on a sporting event by any system or method of wagering approved by the commission.
“Sports wager”, a cash or cash equivalent paid by an individual to participate in sports wagering.
“Sports wagering”, the act of betting or wagering on sporting events or portions of sporting events, the individual performance statistics of athletes in a sporting event, or a combination of any of the same by any system or method of wagering approved by the commission including, but not limited to in person bets, or mobile applications and other digital platforms; provided that this definition includes, but is not limited to: single-game bets, teaser bets, parlays, over-under, money line, pools, exchange wagering, in-game wagering, in-play bets, proposition bets, and straight bets; provided further, that this definition does not include:
(a)Pari-mutuel betting on the outcome of thoroughbred or harness horse racing as authorized under chapter 128A;
(b)Lottery games of the Massachusetts state lottery as authorized under section 37 of chapter 10;
(c)Bingo as authorized under section 22B of chapter 271;
(d)Keno as authorized under section 27A of chapter 10;
(e)Fantasy contests as defined in section 135 of chapter 219 of the acts of 2016;
“Student athlete”, an eligible participant in a collegiate sporting event.
Section 3. Massachusetts Gaming Commission Regulatory Powers
Except as otherwise provided by this chapter, the commission shall have the authority to regulate sports pools, online sports pools, and the conduct of sports wagering under this chapter and chapter 23K to the extent that the commission regulates casino games. In developing rules and regulations applicable to sports wagering, the commission may examine the regulations implemented in other states where sports wagering is conducted and may, as far as practicable, adopt a similar regulatory framework. The commission shall promulgate regulations necessary to facilitate sports wagering, including, but not limited to, regulations governing the:
(a)amount of cash reserves to be maintained by operators to cover winning wagers;
(b)permitted wagers and eligible sporting events;
(c)maximum wagers which may be accepted by an operator from any one individual on any one sporting event;
(d)type of wagering tickets which may be used;
(e)method of issuing tickets;
(f)method of accounting to be used by operators;
(g)types of records which shall be kept;
(h)yearly review for all Category S licensees;
(i)protections for a person placing a wager, including age verification and geo-location;
(j)security of servers, software and hardware;
(k)inspection procedures for any devices, equipment, and accessories related to sports wagering;
(l)procedures for handling suspected cheating and sports-wagering irregularities;
(m)procedures for investigating complaints related to sports wagering;
(n)security mechanisms to ensure the confidentiality of personal and financial information;
(o)procedures that allow a category S licensee, a professional sports team, league, association, or sports governing body to submit to the commission in writing a request to prohibit a type or form of wagering if the sports pool licensee, professional sports team, league, association, or sports governing body believes that such wagering is contrary to public policy, unfair to consumers, or affects the integrity of a particular sport or the sports betting industry. The commission shall promulgate regulations to determine the criteria for assessing and acting on the request.
Section 4. Prohibitions
(a) The following persons shall not be permitted to have ownership interest in, control of, or otherwise be employed by a Category S licensee or place a wager on a sporting event that is overseen by that person’s sports governing body:
(1)Any person who is an athlete, coach, trainer, referee, or employee of a sports governing body or any of its member teams;
(2)A sports governing body or any of its member teams;
(b) No commission member or employee may be an applicant for any license issued under this chapter.
Section 5. Category S1 Licenses
(a)The commission may issue a request for Category S1 licenses.
(1)The commission shall establish deadlines for the receipt of all applications for a Category S1 license. Applications received after the deadline shall not be reviewed by the commission;
(2)The commission shall prescribe the form of the application pursuant to sections 9 and 12 of chapter 23K;
(3)The commission has the discretion to waive any or all portions of the suitability requirements if said applicant has already met the qualifications of suitability during a prior chapter 23K application process and has been awarded a gaming license. Said applicant still must submit an application and provide an application fee prior to the exercise of any determination or exercise of discretion made by the commission;
(4)The commission shall not grant a license to a gaming establishment that is currently or previously has contracted with any type of illegal offshore betting;
(5)Applications for licenses shall be public records under section 10 of chapter 66; provided however, that trade secrets or other proprietary information provided in the course of an application for a gaming establishment license under this chapter, the disclosure of which would place the applicant at a competitive disadvantage, may be withheld from disclosure under chapter 66.
(b) Category S1 applicants:
(1)shall submit an application to the commission in a manner prescribed by the commission and this chapter to verify the applicant’s eligibility;
(2)shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in the denial of the license by the commission;
(3)shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(4)shall pay an application fee of $500,000.
(c) Category S1 licensees:
(1)shall pay an initial licensing fee of $500,000 within 30 days after the award of the license;
(2)shall pay a renewal fee of the greater of $500,000 or the inflation adjusted equivalent of $500,000 in January of the year 2021, as calculated by the Consumer Price Index of the Bureau of Labor Statistics for January of the current year if available; or the most recent month of the prior year for which statistics are available, every five years after the date of issuance of the initial license;
(3)shall offer sports wagering in person at said licensed facility;
(4)may conduct up to three online sports pools or may authorize up to three online sports pool operators licensed as gaming vendors under section 31 of 23K to operate an online sports pool on its behalf;
Section 6. Category S2 licenses
(a)The commission may issue a request for Category S2 licenses.
(1)The commission shall establish deadlines for the receipt of all applications for a Category S2 license. Applications received after the deadline shall not be reviewed by the commission;
(2)The commission shall prescribe the form of the application pursuant to sections 9 and 12 of chapter 23K;
(3)The commission has the discretion to waive any or all portions of the suitability requirements if said applicant has already met the qualifications of suitability during a prior chapter 23K application process and has been awarded a gaming license. Said applicant still must submit an application and provide an application fee prior to the exercise of any determination or exercise of discretion made by the commission;
(4)The commission shall not grant a license to a gaming establishment that is currently or previously has contracted with any type of illegal offshore betting;
(5)Applications for licenses shall be public records under section 10 of chapter 66; provided however, that trade secrets or other proprietary information provided in the course of an application for a gaming establishment license under this chapter, the disclosure of which would place the applicant at a competitive disadvantage, may be withheld from disclosure under chapter 66.
(b) Category S2 applicants:
(1)shall submit an application to the commission in a manner prescribed by the commission and this chapter to verify the applicant’s eligibility;
(2)shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in the denial of the license by the commission;
(3)shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(4)shall pay an application fee of $500,000.
(c) Category S2 licensees:
(1)shall pay an initial licensing fee of $500,000 within 30 days after the award of the license;
(2)shall pay a renewal fee of the greater of $500,000 or the inflation adjusted equivalent of $500,000 in January of the year 2021, as calculated by the Consumer Price Index of the Bureau of Labor Statistics for January of the current year if available; or the most recent month of the prior year for which statistics are available, every five years after the date of issuance of the initial license;
(3)shall offer sports wagering in person at said licensed facility;
(4)may conduct up to three online sports pools or may authorize up to three online sports pool operators licensed as gaming vendors under section 31 of 23K to operate an online sports pool on its behalf;
Section 7. Category SM Licenses
(a)The commission may issue a request for Category SM licenses and shall issue no more than five category SM licenses.
(1)The commission shall establish deadlines for the receipt of all applications for a Category SM license. Applications received after the deadline shall not be reviewed by the commission;
(2)The commission shall prescribe the form of the application pursuant to sections 9 and 12 of chapter 23K;
(3)Upon receipt of an application for a Category SM license the commission shall commence an investigation into the suitability of the applicant pursuant to section 12 of chapter 23K;
(4)The commission shall not grant a license to a gaming establishment that is currently or previously has contracted with any type of illegal offshore betting;
(5)Applications for licenses shall be public records under section 10 of chapter 66; provided however, that trade secrets or other proprietary information provided in the course of an application for a gaming establishment license under this chapter, the disclosure of which would place the applicant at a competitive disadvantage, may be withheld from disclosure under chapter 66.
(b) Category SM applicants:
(1)shall submit an application to the commission in a manner prescribed by the commission and this chapter to verify the applicant’s eligibility;
(2)shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in the denial of the license by the commission;
(3)shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(4)shall pay an application fee of $500,000;
(c) Category SM licensees:
(1)shall pay an initial licensing fee of $500,000 within 30 days after the award of the license;
(2)shall pay a renewal fee of the greater of $500,000 or the inflation adjusted equivalent of $500,000 in January of the year 2021, as calculated by the Consumer Price Index of the Bureau of Labor Statistics for January of the current year if available; or the most recent month of the prior year for which statistics are available, every five years after the date of issuance of the initial license;
(3)shall conduct one online sports pool;
(4)shall hold in escrow the amount equal to deposits and unsettled bets. No escrow assets shall be commingled;
Section 8. The following regulations shall apply to Category S licensees:
(a) Category S licensees shall verify that a person placing a wager is twenty-one years of age;
(b)Category S licensees shall prohibit the use of credit cards in placing sports wagers on its premises, website or online application, however this provision does not exclude the use of debit cards;
(c)Category S licensees shall allow individuals to restrict themselves from placing wagers with the operator;
(d)Category S licensees shall maintain records in accordance with regulations promulgated by the commission;
(e)Category S licensees shall not accept wagers on prohibited sporting events or from prohibited bettors as defined in this chapter;
(f)Category S licensees shall implement responsible gaming programs that include comprehensive employee trainings on responding to circumstances in which individuals present signs of a gambling addiction;
(g)Category S licensees shall not purchase or otherwise use any personal biometric data of an athlete for the purpose of sports wagering;
(h)Category S licensees shall verify that a person is not a prohibited sports bettor as defined in this chapter; and
(i)Category S licensees shall maintain the security of wagering data, customer data, and other confidential information from unauthorized access and dissemination.
(j)Category S licensees shall be required to maintain all hardware and servers in the commonwealth;
(k)Category S licensees shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in a fine, or a suspension, revocation or non-renewal of said license;
(l)Category S licensees shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(m) Category S licensees shall be subject to a yearly review as described by the commission. If said operator violates any section of this act or Chapter 23K it will be at the discretion of the commission whether to renew, suspend or revoke said license;
Section 10. The commission shall promulgate regulations for the implementation, administration and enforcement of this chapter including, without limitation, advertising regulations that:
(a)Prohibit the targeting of minors, students, schools or colleges, problem gamblers, or other vulnerable persons, and which may include limitations on the form, content, quantity, timing, and location of advertisements.
(b)Prohibit the depiction of minors, students, schools or colleges, or school or college settings; provided that incidental depiction of non-featured minors will not be a violation of this subsection;
(c)Establish criteria to ensure advertisements do not state or imply endorsement by minors, collegiate athletes, colleges, or college athletic associations;
(d)Require the disclosure of the sports pool operator;
(e)Provide information about links to resources relating to gambling addiction.
(f)Require the prohibition of the following advertising, marketing, and branding activities:
(1)Advertisements, marketing, and branding in such a manner that it is deemed to be deceptive, false, misleading, or untrue, or tends to deceive or create a misleading impression whether directly, or by ambiguity or omission;
(2)Advertising, marketing and branding by means of television, radio, internet, mobile applications, social media, or other electronic communication, billboard or other outdoor advertising, or print publication, unless at least 85% of the audience is reasonably expected to be 21 years of age or older as determined by reliable and current audience composition data;
(3)Advertising, marketing, and branding that utilizes statements, designs, representations, pictures or illustrations that portray anyone younger than 21 years old;
(4)Advertising, marketing, and branding including, but not limited to, mascots, cartoons, brand sponsorships and celebrity endorsements, that is deemed to appeal to a person younger than 21 years old;
(5)Advertising on any billboards, or any other public signage, which fails to comply with all state and local ordinances and requirements;
(6)Use of unsolicited pop-up advertisements on the internet or text message;
(7)Advertising, marketing or branding, on or in public or private vehicles and at bus stops, taxi stands, transportation waiting areas, train stations, airports, or other similar transportation venues including, but not limited to, vinyl-wrapped vehicles or signs or logos on transportation vehicles or company cars;
(8)Any other advertising, marketing, or branding that the commission otherwise deems unacceptable or disruptive to viewer experience.
(g) Require all representations concerning winnings to be accurate, not misleading, and capable of substantiation at the time the representation is made; an advertisement is misleading if it makes representations about average winnings without representing the average net winnings of all players.
(h) Prohibit licensees under this chapter from advertising in publications or other media in Massachusetts that are aimed at minors;
Section 11. Pursuant to section 71 of chapter 23K, the commission shall study issues including, but not limited to: 1) an assessment of whether problem sports wagering is comorbid with problem gambling or gaming; 2) an assessment as to whether the individuals participating in sports wagering are different than those who participate in other forms of gaming or gambling; 3) an assessment of the impact of sports wagering on youth under the age of 25; and 4) an assessment of the impact of sports wagering on college athletics and professional sports.
Section 12. The commission shall establish and facilitate a confidential integrity helpline for players, athletes, coaches, employees of a sports organization, employees of a sports pool operator, and members of the general public to report allegations of potential violations of this act. There shall be a helpline phone number prominently displayed on the commission website and incorporated into public service announcements, displays and marketing mediums to ensure widest dissemination and availability.
Section 13. A sports pool operator or sports organization may not discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes a violation of this act.
Section 14. Enforcement and penalties under this section shall be pursuant to sections 6 and 35, 36, 37, 38, 39, 40, 41, 42 and 43 of chapter 23K.
Section 15. Winnings from sports wagering shall be subject to sections 51 and 52 of chapter 23K.
Section 16.
(a)All Category S licensees shall pay a monthly tax of 10 percent on gross sports wagering revenue on sports wagers received in person at a licensed facility;
(b)All Category S licensees shall pay a monthly tax of 12 percent on gross sports wagering revenue on sports wagers received through electronic means not on site at a licensed facility;
(c)The operator of fantasy contests as defined in section 135 of chapter 219 of the acts of 2016 shall pay a tax of 12 percent on revenue from fantasy contests that shall be remitted to the commission no less frequently than monthly by the operator;
(d)There shall be established a separate fund to be known as the Collegiate Health, Wellness and Education Fund. Five percent of sports wagering revenue shall be deposited into the Collegiate Health, Wellness and Education Fund annually to educate student athletes on relevant sports wagering regulations, the procedures for reporting a violation of those regulations, and for the protection of the student athletes reporting such violations. All remaining funds under this section shall be deposited into the Gaming Revenue Fund established 59 of Chapter 23K.
(e) There shall be established a separate fund to be known as the Commonwealth Economic Recovery Fund to be administered by the executive office of housing and economic development. One hundred percent of the application fees established under proposed Chapter 23N section 5 (b)(4), section 6 (b)(4), and section 7 (b)(4), , additionally one hundred percent of the initial licensing fee established under proposed Chapter 23N section 5 (c)(1), section 6 (c)(1), and section 7 (c)(1),shall be deposited into the Commonwealth Economic Recovery fund annually for the first two years after initial licenses are issued. Said fund shall provide grants to municipalities in a manner determined by the secretary of housing and economic development.
SECTION 2. Section 2 of chapter 271 of the general laws is hereby amended in line 4, by striking out “except as permitted under chapter 23k” and inserting in its place thereof the following:- “except as permitted under chapters 23K or 23N”.
SECTION 3. Section 3 of chapter 271 of the general laws is hereby amended, in line 1, by striking out “Except as permitted under chapter 23K” and inserting in its place thereof the following:- “Except as permitted under chapters 23K or 23N.”
SECTION 4. Section 5 of chapter 271 of the general laws is hereby amended, in line 1, by striking out “except as permitted under chapter 23K” and inserting in its place thereof the following:- “except as permitted under chapters 23K or 23N.”
SECTION 5. Section 5B of chapter 271 of the general laws is hereby amended, in line584, by striking out “under chapter 23K” and inserting in its place thereof the following:- “under chapters 23K or 23N.”
SECTION 6. Section 8 of chapter 271 of the general laws is hereby amended, by striking out lines 10-11 and inserting in its place thereof the following:- “other gaming or wagering that is not being conducted pursuant to chapters 23K or 23N.”
SECTION 7. Section 17A of Chapter 271 of the general laws is hereby amended by striking line 16 and inserting in its place the following:- “authorized pursuant to the provisions of chapters 23K, 23N or section 5C of chapter 128A.”
SECTION 8. Section 16 (e) of proposed chapter 23N is hereby repealed
SECTION 9. Section 8 shall take effect on December 31, 2022 or two years after the issuance of licenses established under this act.
Budget Amendment ID: FY2021-S4-337
ECO 337
Sports Wagering
Mr. Tarr, Ms. DiZoglio, Messrs. O'Connor, Collins and Fattman moved that the proposed new text be amended by inserting after section _ the following sections:-
"SECTION 1. Chapter 4 of the general laws, as so appearing in the 2018 official edition, is hereby amended by striking out lines 67-76, in section 7, and inserting in place thereof the following:-
Tenth, “illegal gaming,” a banking or percentage game played with cards, dice, tiles or dominoes, or an electronic, electrical or mechanical device or machine for money, property, checks, credit or any representative of value, but excluding: (i) a lottery game conducted by the state lottery commission, under sections 24, 24A and 27 of chapter 10; (ii) a game conducted under chapter 23K; (iii) a sports wager conducted under chapter 23N; (iv) pari-mutuel wagering on horse races under chapters 128A and 128C and greyhound races under said chapter 128C; (v) a game of bingo conducted under chapter 271; and (vi) charitable gaming conducted under said chapter 271.
SECTION 2. The general laws, as so appearing, are hereby amended by inserting after chapter 23M, the following new chapter:
Chapter 23N: Authorization and Regulation of Sports Wagering
Section 1. Notwithstanding any provision or law to the contrary, the operation of sports wagering and ancillary activities are lawful when conducted in accordance with this chapter and chapter 23K.
Section 2. As used in this chapter, the following words shall, unless the context clearly requires otherwise have the following meanings:--
“Category S license”, a category S1, S2, SH or SM license issued by the commission.
“Category S licensee”, an operator who holds a category S license.
“Category S1 license”, a license issued by the commission pursuant to this chapter that permits the licensee to operate a sports pool at a category 1 gaming establishment under chapter 23K and operate up to 3 online sports pools.
“Category S2 license”, a license issued by the commission pursuant to this chapter that permits the licensee to operate a sports pool at a category 2 gaming establishment under 23K and operate up to 2 online sports pools.
“Category SH license”, a license issued by the commission pursuant to this chapter that permits the licensee to operate a sports pool at a live horse racing track under chapter 128A.
“Category SM license”, a license issued by the commission pursuant to this chapter that permits the licensee to operate an online sports pool.
“Collegiate sporting event”, a sporting event in which a postsecondary athletic team or teams or an individual on behalf of a postsecondary institution competes.
“Commission”; the Massachusetts gaming commission established in section 3 of chapter 23K.
“Electronic sports”, a single or multiplayer video game played competitively by professional gamers.
“Gross sports wagering revenues”, the total gross receipts derived from sports wagers.
“In-play sports wager”, a sports wager on a sporting event after the sporting event has commenced and before it concludes; provided that the commission shall approve all in-play sports wagering in a manner it prescribes; provided further that this definition does not include in-play sports wagers on the sole performance or nonperformance of any individual participating in a collegiate sporting event or events.
“Online sports pool”, a sports pool operation, operating pursuant to a proper category S license issued by the commission, in which wagers on sporting events are made over the internet through computers, mobile applications or mobile devices.
“Online sports pool operator”, an entity that holds a license issued by the commission to operate an online sports pool or is licensed under section 31 of chapter 23K as a gaming vendor to operate an online sports pool.
“Personal biometric data”, an athlete’s personal and medical information including, but not limited to: DNA, heart rate, blood pressure, perspiration rate, internal or external body temperature, hormone levels, glucose levels, hydration levels, vitamin levels, bone density, muscle density, and sleep patterns.
“Sports wager”, a cash or cash equivalent paid by an individual to participate in sports wagering.
“Professional sport”, a sport in which professional athletes compete or an event designated by the commission.
“Prohibited conduct”, any statement, action, and other communication intended to unduly or unlawfully influence, manipulate, or control a betting outcome of a sporting contest or of any individual occurrence or performance in a sporting contest in exchange for financial gain or to avoid financial or physical harm.
“Prohibited sporting event” includes:
(a)Any amateur sporting event where the participants are primarily under the age of 18;
(b)Any collegiate sporting event not involving Division I teams and athletes, as defined by the National Collegiate Athletic Association.
(c)Any Olympic event;
(d)Any electronic sports event; and
(e)Any fantasy contest as defined in section 135 of chapter 219 of the acts of 2016.
“Prohibited sports bettor” means:
(a)Any member or employee of the commission and any spouse, child, sibling, or parent residing in the same household as a member or an employee of the commission;
(b)Any contractor of the commission or its agents when such contract relates to the conduct of sports wagering;
(c)Any contractor or employee of an entity that conducts sports wagering in another jurisdiction when the bettor possesses confidential nonpublic information as a result of his or her contract or employment relating to the wager being placed;
(d)Any amateur or professional athlete if the sports wager is based in whole or in part on a sport or athletic event overseen by the athlete’s sports governing body;
(e)Any sports agent, owner, or employee of a team, player, umpire, referee, coach, union official, or official of a sports governing body if the sports wager is based in whole or part on a sport or athletic event overseen by the governing sports body which oversees the individual’s sport;
(f)Any individual placing a wager as an agent of or proxy for a prohibited sports bettor;
(g)Any person under the age of 21;
(h)Any individual who has an ownership interest in, control of, or is otherwise employed by a Category S licensee;
(i)The directors, officers, owners, and employees of the operator, and any relative living in the same household as such persons; and
(j)Persons who hold a position of authority or influence sufficient to exert influence over the participants in a sporting event;
(k)Persons physically located outside of the commonwealth.
“Sporting event”, any professional sport or athletic event, or a collegiate sport or athletic event;
“Sports governing body”, a sports organization that has a regulatory, sanctioning or organizing function for a specific sport or athletic event; provided that this definition shall include, but not be limited to, a professional sports organization as defined in 28 U.S.C. section 3701(3) and national governing body as defined in 36 U.S.C. section 220501(b)(8).
“Sports pool”, the business of accepting wagers on a sporting event by any system or method of wagering approved by the commission.
“Sports wager”, a cash or cash equivalent paid by an individual to participate in sports wagering.
“Sports wagering”, the act of betting or wagering on sporting events or portions of sporting events, the individual performance statistics of athletes in a sporting event, or a combination of any of the same by any system or method of wagering approved by the commission including, but not limited to in person bets, or mobile applications and other digital platforms; provided that this definition includes, but is not limited to: single-game bets, teaser bets, parlays, over-under, money line, pools, exchange wagering, in-game wagering, in-play bets, proposition bets, and straight bets; provided further, that this definition does not include:
(a)Pari-mutuel betting on the outcome of thoroughbred or harness horse racing as authorized under chapter 128A;
(b)Lottery games of the Massachusetts state lottery as authorized under section 37 of chapter 10;
(c)Bingo as authorized under section 22B of chapter 271;
(d)Keno as authorized under section 27A of chapter 10;
(e)Fantasy contests as defined in section 135 of chapter 219 of the acts of 2016;
“Student athlete”, an eligible participant in a collegiate sporting event.
Section 3. Massachusetts Gaming Commission Regulatory Powers
Except as otherwise provided by this chapter, the commission shall have the authority to regulate sports pools, online sports pools, and the conduct of sports wagering under this chapter and chapter 23K to the extent that the commission regulates casino games. In developing rules and regulations applicable to sports wagering, the commission may examine the regulations implemented in other states where sports wagering is conducted and may, as far as practicable, adopt a similar regulatory framework. The commission shall promulgate regulations necessary to facilitate sports wagering, including, but not limited to, regulations governing the:
(a)amount of cash reserves to be maintained by operators to cover winning wagers;
(b)permitted wagers and eligible sporting events;
(c)maximum wagers which may be accepted by an operator from any one individual on any one sporting event;
(d)type of wagering tickets which may be used;
(e)method of issuing tickets;
(f)method of accounting to be used by operators;
(g)types of records which shall be kept;
(h)yearly review for all Category S licensees;
(i)protections for a person placing a wager, including age verification and geo-location;
(j)security of servers, software and hardware;
(k)inspection procedures for any devices, equipment, and accessories related to sports wagering;
(l)procedures for handling suspected cheating and sports-wagering irregularities;
(m)procedures for investigating complaints related to sports wagering;
(n)security mechanisms to ensure the confidentiality of personal and financial information;
(o)procedures that allow a category S licensee, a professional sports team, league, association, or sports governing body to submit to the commission in writing a request to prohibit a type or form of wagering if the sports pool licensee, professional sports team, league, association, or sports governing body believes that such wagering is contrary to public policy, unfair to consumers, or affects the integrity of a particular sport or the sports betting industry. The commission shall promulgate regulations to determine the criteria for assessing and acting on the request.
Section 4. Prohibitions
(a) The following persons shall not be permitted to have ownership interest in, control of, or otherwise be employed by a Category S licensee or place a wager on a sporting event that is overseen by that person’s sports governing body:
(1)Any person who is an athlete, coach, trainer, referee, or employee of a sports governing body or any of its member teams;
(2)A sports governing body or any of its member teams;
(b) No commission member or employee may be an applicant for any license issued under this chapter.
Section 5. Category S1 Licenses
(a)The commission may issue a request for Category S1 licenses.
(1)The commission shall establish deadlines for the receipt of all applications for a Category S1 license. Applications received after the deadline shall not be reviewed by the commission;
(2)The commission shall prescribe the form of the application pursuant to sections 9 and 12 of chapter 23K;
(3)The commission has the discretion to waive any or all portions of the suitability requirements if said applicant has already met the qualifications of suitability during a prior chapter 23K application process and has been awarded a gaming license. Said applicant still must submit an application and provide an application fee prior to the exercise of any determination or exercise of discretion made by the commission;
(4)The commission shall not grant a license to a gaming establishment that is currently or previously has contracted with any type of illegal offshore betting;
(5)Applications for licenses shall be public records under section 10 of chapter 66; provided however, that trade secrets or other proprietary information provided in the course of an application for a gaming establishment license under this chapter, the disclosure of which would place the applicant at a competitive disadvantage, may be withheld from disclosure under chapter 66.
(b) Category S1 applicants:
(1)shall submit an application to the commission in a manner prescribed by the commission and this chapter to verify the applicant’s eligibility;
(2)shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in the denial of the license by the commission;
(3)shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(4)shall pay an application fee of $500,000.
(c) Category S1 licensees:
(1)shall pay an initial licensing fee of $500,000 within 30 days after the award of the license;
(2)shall pay a renewal fee of the greater of $500,000 or the inflation adjusted equivalent of $500,000 in January of the year 2020, as calculated by the Consumer Price Index of the Bureau of Labor Statistics for January of the current year if available; or the most recent month of the prior year for which statistics are available, every five years after the date of issuance of the initial license;
(3)shall offer sports wagering in person at said licensed facility;
(4)may conduct up to three online sports pools or may authorize up to three online sports pool operators licensed as gaming vendors under section 31 of 23K to operate an online sports pool on its behalf;
Section 6. Category S2 licenses
(a)The commission may issue a request for Category S2 licenses.
(1)The commission shall establish deadlines for the receipt of all applications for a Category S2 license. Applications received after the deadline shall not be reviewed by the commission;
(2)The commission shall prescribe the form of the application pursuant to sections 9 and 12 of chapter 23K;
(3)The commission has the discretion to waive any or all portions of the suitability requirements if said applicant has already met the qualifications of suitability during a prior chapter 23K application process and has been awarded a gaming license. Said applicant still must submit an application and provide an application fee prior to the exercise of any determination or exercise of discretion made by the commission;
(4)The commission shall not grant a license to a gaming establishment that is currently or previously has contracted with any type of illegal offshore betting;
(5)Applications for licenses shall be public records under section 10 of chapter 66; provided however, that trade secrets or other proprietary information provided in the course of an application for a gaming establishment license under this chapter, the disclosure of which would place the applicant at a competitive disadvantage, may be withheld from disclosure under chapter 66.
(b) Category S2 applicants:
(1)shall submit an application to the commission in a manner prescribed by the commission and this chapter to verify the applicant’s eligibility;
(2)shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in the denial of the license by the commission;
(3)shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(4)shall pay an application fee of $500,000.
(c) Category S2 licensees:
(1)shall pay an initial licensing fee of $500,000 within 30 days after the award of the license;
(2)shall pay a renewal fee of the greater of $500,000 or the inflation adjusted equivalent of $500,000 in January of the year 2020, as calculated by the Consumer Price Index of the Bureau of Labor Statistics for January of the current year if available; or the most recent month of the prior year for which statistics are available, every five years after the date of issuance of the initial license;
(3)shall offer sports wagering in person at said licensed facility;
(4)may conduct up to two online sports pools or may authorize up to two online sports pool operators licensed as gaming vendors under section 31 of 23K to operate an online sports pool on its behalf;
Section 7. Category SH licenses
(a)The commission may issue a request for Category SH licenses.
(1)The commission shall establish deadlines for the receipt of all applications for a Category SH license. Applications received after the deadline shall not be reviewed by the commission;
(2)The commission shall prescribe the form of the application pursuant to sections 9 and 12 of chapter 23K;
(3)Upon receipt of an application for a Category SH license the commission shall commence an investigation into the suitability of the applicant pursuant to section 12 of chapter 23K;
(4)The commission shall not grant a license to a gaming establishment that is currently or previously has contracted with any type of illegal offshore betting;
(5)Applications for licenses shall be public records under section 10 of chapter 66; provided however, that trade secrets or other proprietary information provided in the course of an application for a gaming establishment license under this chapter, the disclosure of which would place the applicant at a competitive disadvantage, may be withheld from disclosure under chapter 66.
(b) Category SH applicants:
(1)shall submit an application to the commission in a manner prescribed by the commission and this chapter to verify the applicant’s eligibility;
(2)shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in the denial of the license by the commission;
(3)shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(4)shall pay an application fee of $50,000.
(c) Category SH licensees:
(1)shall pay an initial licensing fee of 100,000 within 30 days after the award of the license;
(2)shall pay an annual license renewal fee of the greater of $25,000 or the inflation adjusted equivalent of $25,000 in January of the year 2020, as calculated by the Consumer Price Index of the Bureau of Labor Statistics for January of the current year if available; or the most recent month of the prior year for which statistics are available;
(3)shall offer sports wagering in person at said licensed facility;
Section 8. Category SM Licenses
(a)The commission may issue a request for Category SM licenses and shall issue no more than five category SM licenses.
(1)The commission shall establish deadlines for the receipt of all applications for a Category SM license. Applications received after the deadline shall not be reviewed by the commission;
(2)The commission shall prescribe the form of the application pursuant to sections 9 and 12 of chapter 23K;
(3)Upon receipt of an application for a Category SM license the commission shall commence an investigation into the suitability of the applicant pursuant to section 12 of chapter 23K;
(4)The commission shall not grant a license to a gaming establishment that is currently or previously has contracted with any type of illegal offshore betting;
(5)Applications for licenses shall be public records under section 10 of chapter 66; provided however, that trade secrets or other proprietary information provided in the course of an application for a gaming establishment license under this chapter, the disclosure of which would place the applicant at a competitive disadvantage, may be withheld from disclosure under chapter 66.
(b) Category SM applicants:
(1)shall submit an application to the commission in a manner prescribed by the commission and this chapter to verify the applicant’s eligibility;
(2)shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in the denial of the license by the commission;
(3)shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(4)shall pay an application fee of $500,000;
(c) Category SM licensees:
(1)shall pay an initial licensing fee of $500,000 within 30 days after the award of the license;
(2)shall pay a renewal fee of the greater of $500,000 or the inflation adjusted equivalent of $500,000 in January of the year 2020, as calculated by the Consumer Price Index of the Bureau of Labor Statistics for January of the current year if available; or the most recent month of the prior year for which statistics are available, every five years after the date of issuance of the initial license;
(3)shall conduct one online sports pool;
(4)shall hold in escrow the amount equal to deposits and unsettled bets. No escrow assets shall be commingled;
Section 9. The following regulations shall apply to Category S licensees:
(a) Category S licensees shall verify that a person placing a wager is twenty-one years of age;
(b)Category S licensees shall prohibit the use of credit cards in placing sports wagers on its premises, website or online application, however this provision does not exclude the use of debit cards;
(c)Category S licensees shall allow individuals to restrict themselves from placing wagers with the operator;
(d)Category S licensees shall maintain records in accordance with regulations promulgated by the commission;
(e)Category S licensees shall not accept wagers on prohibited sporting events or from prohibited bettors as defined in this chapter;
(f)Category S licensees shall implement responsible gaming programs that include comprehensive employee trainings on responding to circumstances in which individuals present signs of a gambling addiction;
(g)Category S licensees shall not purchase or otherwise use any personal biometric data of an athlete for the purpose of sports wagering;
(h)Category S licensees shall verify that a person is not a prohibited sports bettor as defined in this chapter; and
(i)Category S licensees shall maintain the security of wagering data, customer data, and other confidential information from unauthorized access and dissemination.
(j)Category S licensees shall be required to maintain all hardware and servers in the commonwealth;
(k)Category S licensees shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in a fine, or a suspension, revocation or non-renewal of said license;
(l)Category S licensees shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(m) Category S licensees shall be subject to a yearly review as described by the commission. If said operator violates any section of this act or Chapter 23K it will be at the discretion of the commission whether to renew, suspend or revoke said license;
Section 10. The commission shall promulgate regulations for the implementation, administration and enforcement of this chapter including, without limitation, advertising regulations that:
(a)Prohibit the targeting of minors, students, schools or colleges, problem gamblers, or other vulnerable persons, and which may include limitations on the form, content, quantity, timing, and location of advertisements.
(b)Prohibit the depiction of minors, students, schools or colleges, or school or college settings; provided that incidental depiction of non-featured minors will not be a violation of this subsection;
(c)Establish criteria to ensure advertisements do not state or imply endorsement by minors, collegiate athletes, colleges, or college athletic associations;
(d)Require the disclosure of the sports pool operator;
(e)Provide information about links to resources relating to gambling addiction.
(f)Require the prohibition of the following advertising, marketing, and branding activities:
(1)Advertisements, marketing, and branding in such a manner that it is deemed to be deceptive, false, misleading, or untrue, or tends to deceive or create a misleading impression whether directly, or by ambiguity or omission;
(2)Advertising, marketing and branding by means of television, radio, internet, mobile applications, social media, or other electronic communication, billboard or other outdoor advertising, or print publication, unless at least 85% of the audience is reasonably expected to be 21 years of age or older as determined by reliable and current audience composition data;
(3)Advertising, marketing, and branding that utilizes statements, designs, representations, pictures or illustrations that portray anyone younger than 21 years old;
(4)Advertising, marketing, and branding including, but not limited to, mascots, cartoons, brand sponsorships and celebrity endorsements, that is deemed to appeal to a person younger than 21 years old;
(5)Advertising on any billboards, or any other public signage, which fails to comply with all state and local ordinances and requirements;
(6)Use of unsolicited pop-up advertisements on the internet or text message;
(7)Advertising, marketing or branding, on or in public or private vehicles and at bus stops, taxi stands, transportation waiting areas, train stations, airports, or other similar transportation venues including, but not limited to, vinyl-wrapped vehicles or signs or logos on transportation vehicles or company cars;
(8)Any other advertising, marketing, or branding that the commission otherwise deems unacceptable or disruptive to viewer experience.
(g) Require all representations concerning winnings to be accurate, not misleading, and capable of substantiation at the time the representation is made; an advertisement is misleading if it makes representations about average winnings without representing the average net winnings of all players.
(h) Prohibit licensees under this chapter from advertising in publications or other media in Massachusetts that are aimed at minors;
Section 11. Pursuant to section 71 of chapter 23K, the commission shall study issues including, but not limited to: 1) an assessment of whether problem sports wagering is comorbid with problem gambling or gaming; 2) an assessment as to whether the individuals participating in sports wagering are different than those who participate in other forms of gaming or gambling; 3) an assessment of the impact of sports wagering on youth under the age of 25; and 4) an assessment of the impact of sports wagering on college athletics and professional sports.
Section 12. The commission shall establish and facilitate a confidential integrity helpline for players, athletes, coaches, employees of a sports organization, employees of a sports pool operator, and members of the general public to report allegations of potential violations of this act. There shall be a helpline phone number prominently displayed on the commission website and incorporated into public service announcements, displays and marketing mediums to ensure widest dissemination and availability.
Section 13. A sports pool operator or sports organization may not discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes a violation of this act.
Section 14. Enforcement and penalties under this section shall be pursuant to sections 6 and 35, 36, 37, 38, 39, 40, 41, 42 and 43 of chapter 23K.
Section 15. Winnings from sports wagering shall be subject to sections 51 and 52 of chapter 23K.
Section 16.
(a)All Category S licensees shall pay a monthly tax of 10 percent on gross sports wagering revenue on sports wagers received in person at a licensed facility;
(b)All Category S licensees shall pay a monthly tax of 12 percent on gross sports wagering revenue on sports wagers received through electronic means not on site at a licensed facility;
(c)The operator of fantasy contests as defined in section 135 of chapter 219 of the acts of 2016 shall pay a tax of 12 percent on revenue from fantasy contests that shall be remitted to the commission no less frequently than monthly by the operator;
(d)There shall be established a separate fund to be known as the Collegiate Health, Wellness and Education Fund. Five percent of sports wagering revenue shall be deposited into the Collegiate Health, Wellness and Education Fund annually to educate student athletes on relevant sports wagering regulations, the procedures for reporting a violation of those regulations, and for the protection of the student athletes reporting such violations. All remaining funds under this section shall be deposited into the Gaming Revenue Fund established 59 of Chapter 23K.
SECTION 2. Section 2 of chapter 271 of the general laws is hereby amended in line 4, by striking out “except as permitted under chapter 23k” and inserting in its place thereof the following:- “except as permitted under chapters 23K or 23N”.
SECTION 3. Section 3 of chapter 271 of the general laws is hereby amended, in line 1, by striking out “Except as permitted under chapter 23K” and inserting in its place thereof the following:- “Except as permitted under chapters 23K or 23N.”
SECTION 4. Section 5 of chapter 271 of the general laws is hereby amended, in line 1, by striking out “except as permitted under chapter 23K” and inserting in its place thereof the following:- “except as permitted under chapters 23K or 23N.”
SECTION 5. Section 5B of chapter 271 of the general laws is hereby amended, in line584, by striking out “under chapter 23K” and inserting in its place thereof the following:- “under chapters 23K or 23N.”
SECTION 6. Section 8 of chapter 271 of the general laws is hereby amended, by striking out lines 10-11 and inserting in its place thereof the following:- “other gaming or wagering that is not being conducted pursuant to chapters 23K or 23N.”
SECTION 7. Section 17A of Chapter 271 of the general laws is hereby amended by striking line 16 and inserting in its place the following:- “authorized pursuant to the provisions of chapters 23K, 23N or section 5C of chapter 128A.”
Budget Amendment ID: FY2021-S4-337-R1
Redraft ECO 337
Sports Wagering
Mr. Tarr, Ms. DiZoglio, Messrs. O'Connor, Collins and Fattman moved that the proposed new text be amended by inserting the following new sections:-
"SECTION 1. Chapter 4 of the General Laws, as so appearing in the 2018 official edition, is hereby amended by striking out lines 67-76, in section 7, and inserting in place thereof the following:-
Tenth, “illegal gaming,” a banking or percentage game played with cards, dice, tiles or dominoes, or an electronic, electrical or mechanical device or machine for money, property, checks, credit or any representative of value, but excluding: (i) a lottery game conducted by the state lottery commission, under sections 24, 24A and 27 of chapter 10; (ii) a game conducted under chapter 23K; (iii) a sports wager conducted under chapter 23N; (iv) pari-mutuel wagering on horse races under chapters 128A and 128C and greyhound races under said chapter 128C; (v) a game of bingo conducted under chapter 271; and (vi) charitable gaming conducted under said chapter 271.
SECTION 2. The General Laws, as so appearing, are hereby amended by inserting after chapter 23M, the following new chapter:
Chapter 23N: Authorization and Regulation of Sports Wagering
Section 1. Notwithstanding any provision or law to the contrary, the operation of sports wagering and ancillary activities are lawful when conducted in accordance with this chapter and chapter 23K.
Section 2. As used in this chapter, the following words shall, unless the context clearly requires otherwise have the following meanings:--
“Category S license”, a category S1, S2, SH or SM license issued by the commission.
“Category S licensee”, an operator who holds a category S license.
“Category S1 license”, a license issued by the commission pursuant to this chapter that permits the licensee to operate a sports pool at a category 1 gaming establishment under chapter 23K and operate up to 3 online sports pools.
“Category S2 license”, a license issued by the commission pursuant to this chapter that permits the licensee to operate a sports pool at a category 2 gaming establishment under 23K and operate up to 3 online sports pools.
“Category SH license”, a license issued by the commission pursuant to this chapter that permits the licensee to operate a sports pool at a live horse racing track under chapter 128A.
“Category SM license”, a license issued by the commission pursuant to this chapter that permits the licensee to operate an online sports pool.
“Collegiate sporting event”, a sporting event in which a postsecondary athletic team or teams or an individual on behalf of a postsecondary institution competes.
“Commission”; the Massachusetts gaming commission established in section 3 of chapter 23K.
“Electronic sports”, a single or multiplayer video game played competitively by professional gamers.
“Gross sports wagering revenues”, the total gross receipts derived from sports wagers.
“In-play sports wager”, a sports wager on a sporting event after the sporting event has commenced and before it concludes; provided that the commission shall approve all in-play sports wagering in a manner it prescribes; provided further that this definition does not include in-play sports wagers on the sole performance or nonperformance of any individual participating in a collegiate sporting event or events.
“Online sports pool”, a sports pool operation, operating pursuant to a proper category S license issued by the commission, in which wagers on sporting events are made over the internet through computers, mobile applications or mobile devices.
“Online sports pool operator”, an entity that holds a license issued by the commission to operate an online sports pool or is licensed under section 31 of chapter 23K as a gaming vendor to operate an online sports pool.
“Personal biometric data”, an athlete’s personal and medical information including, but not limited to: DNA, heart rate, blood pressure, perspiration rate, internal or external body temperature, hormone levels, glucose levels, hydration levels, vitamin levels, bone density, muscle density, and sleep patterns.
“Sports wager”, a cash or cash equivalent paid by an individual to participate in sports wagering.
“Professional sport”, a sport in which professional athletes compete or an event designated by the commission.
“Prohibited conduct”, any statement, action, and other communication intended to unduly or unlawfully influence, manipulate, or control a betting outcome of a sporting contest or of any individual occurrence or performance in a sporting contest in exchange for financial gain or to avoid financial or physical harm.
“Prohibited sporting event” includes:
(a)Any amateur sporting event where the participants are primarily under the age of 18;
(b)Any collegiate sporting event not involving Division I teams and athletes, as defined by the National Collegiate Athletic Association.
(c)Any Olympic event;
(d)Any electronic sports event; and
(e)Any fantasy contest as defined in section 135 of chapter 219 of the acts of 2016.
“Prohibited sports bettor” means:
(a)Any member or employee of the commission and any spouse, child, sibling, or parent residing in the same household as a member or an employee of the commission;
(b)Any contractor of the commission or its agents when such contract relates to the conduct of sports wagering;
(c)Any contractor or employee of an entity that conducts sports wagering in another jurisdiction when the bettor possesses confidential nonpublic information as a result of his or her contract or employment relating to the wager being placed;
(d)Any amateur or professional athlete if the sports wager is based in whole or in part on a sport or athletic event overseen by the athlete’s sports governing body;
(e)Any sports agent, owner, or employee of a team, player, umpire, referee, coach, union official, or official of a sports governing body if the sports wager is based in whole or part on a sport or athletic event overseen by the governing sports body which oversees the individual’s sport;
(f)Any individual placing a wager as an agent of or proxy for a prohibited sports bettor;
(g)Any person under the age of 21;
(h)Any individual who has an ownership interest in, control of, or is otherwise employed by a Category S licensee;
(i)The directors, officers, owners, and employees of the operator, and any relative living in the same household as such persons; and
(j)Persons who hold a position of authority or influence sufficient to exert influence over the participants in a sporting event;
(k)Persons physically located outside of the commonwealth.
“Sporting event”, any professional sport or athletic event, or a collegiate sport or athletic event;
“Sports governing body”, a sports organization that has a regulatory, sanctioning or organizing function for a specific sport or athletic event; provided that this definition shall include, but not be limited to, a professional sports organization as defined in 28 U.S.C. section 3701(3) and national governing body as defined in 36 U.S.C. section 220501(b)(8).
“Sports pool”, the business of accepting wagers on a sporting event by any system or method of wagering approved by the commission.
“Sports wager”, a cash or cash equivalent paid by an individual to participate in sports wagering.
“Sports wagering”, the act of betting or wagering on sporting events or portions of sporting events, the individual performance statistics of athletes in a sporting event, or a combination of any of the same by any system or method of wagering approved by the commission including, but not limited to in person bets, or mobile applications and other digital platforms; provided that this definition includes, but is not limited to: single-game bets, teaser bets, parlays, over-under, money line, pools, exchange wagering, in-game wagering, in-play bets, proposition bets, and straight bets; provided further, that this definition does not include:
(a)Pari-mutuel betting on the outcome of thoroughbred or harness horse racing as authorized under chapter 128A;
(b)Lottery games of the Massachusetts state lottery as authorized under section 37 of chapter 10;
(c)Bingo as authorized under section 22B of chapter 271;
(d)Keno as authorized under section 27A of chapter 10;
(e)Fantasy contests as defined in section 135 of chapter 219 of the acts of 2016;
“Student athlete”, an eligible participant in a collegiate sporting event.
Section 3. Massachusetts Gaming Commission Regulatory Powers
Except as otherwise provided by this chapter, the commission shall have the authority to regulate sports pools, online sports pools, and the conduct of sports wagering under this chapter and chapter 23K to the extent that the commission regulates casino games. In developing rules and regulations applicable to sports wagering, the commission may examine the regulations implemented in other states where sports wagering is conducted and may, as far as practicable, adopt a similar regulatory framework. The commission shall promulgate regulations necessary to facilitate sports wagering, including, but not limited to, regulations governing the:
(a)amount of cash reserves to be maintained by operators to cover winning wagers;
(b)permitted wagers and eligible sporting events;
(c)maximum wagers which may be accepted by an operator from any one individual on any one sporting event;
(d)type of wagering tickets which may be used;
(e)method of issuing tickets;
(f)method of accounting to be used by operators;
(g)types of records which shall be kept;
(h)yearly review for all Category S licensees;
(i)protections for a person placing a wager, including age verification and geo-location;
(j)security of servers, software and hardware;
(k)inspection procedures for any devices, equipment, and accessories related to sports wagering;
(l)procedures for handling suspected cheating and sports-wagering irregularities;
(m)procedures for investigating complaints related to sports wagering;
(n)security mechanisms to ensure the confidentiality of personal and financial information;
(o)procedures that allow a category S licensee, a professional sports team, league, association, or sports governing body to submit to the commission in writing a request to prohibit a type or form of wagering if the sports pool licensee, professional sports team, league, association, or sports governing body believes that such wagering is contrary to public policy, unfair to consumers, or affects the integrity of a particular sport or the sports betting industry. The commission shall promulgate regulations to determine the criteria for assessing and acting on the request.
Section 4. Prohibitions
(a) The following persons shall not be permitted to have ownership interest in, control of, or otherwise be employed by a Category S licensee or place a wager on a sporting event that is overseen by that person’s sports governing body:
(1)Any person who is an athlete, coach, trainer, referee, or employee of a sports governing body or any of its member teams;
(2)A sports governing body or any of its member teams;
(b) No commission member or employee may be an applicant for any license issued under this chapter.
Section 5. Category S1 Licenses
(a)The commission may issue a request for Category S1 licenses.
(1)The commission shall establish deadlines for the receipt of all applications for a Category S1 license. Applications received after the deadline shall not be reviewed by the commission;
(2)The commission shall prescribe the form of the application pursuant to sections 9 and 12 of chapter 23K;
(3)The commission has the discretion to waive any or all portions of the suitability requirements if said applicant has already met the qualifications of suitability during a prior chapter 23K application process and has been awarded a gaming license. Said applicant still must submit an application and provide an application fee prior to the exercise of any determination or exercise of discretion made by the commission;
(4)The commission shall not grant a license to a gaming establishment that is currently or previously has contracted with any type of illegal offshore betting;
(5)Applications for licenses shall be public records under section 10 of chapter 66; provided however, that trade secrets or other proprietary information provided in the course of an application for a gaming establishment license under this chapter, the disclosure of which would place the applicant at a competitive disadvantage, may be withheld from disclosure under chapter 66.
(b) Category S1 applicants:
(1)shall submit an application to the commission in a manner prescribed by the commission and this chapter to verify the applicant’s eligibility;
(2)shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in the denial of the license by the commission;
(3)shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(4)shall pay an application fee of $500,000.
(c) Category S1 licensees:
(1)shall pay an initial licensing fee of $500,000 within 30 days after the award of the license;
(2)shall pay a renewal fee of the greater of $500,000 or the inflation adjusted equivalent of $500,000 in January of the year 2021, as calculated by the Consumer Price Index of the Bureau of Labor Statistics for January of the current year if available; or the most recent month of the prior year for which statistics are available, every five years after the date of issuance of the initial license;
(3)shall offer sports wagering in person at said licensed facility;
(4)may conduct up to three online sports pools or may authorize up to three online sports pool operators licensed as gaming vendors under section 31 of 23K to operate an online sports pool on its behalf;
Section 6. Category S2 licenses
(a)The commission may issue a request for Category S2 licenses.
(1)The commission shall establish deadlines for the receipt of all applications for a Category S2 license. Applications received after the deadline shall not be reviewed by the commission;
(2)The commission shall prescribe the form of the application pursuant to sections 9 and 12 of chapter 23K;
(3)The commission has the discretion to waive any or all portions of the suitability requirements if said applicant has already met the qualifications of suitability during a prior chapter 23K application process and has been awarded a gaming license. Said applicant still must submit an application and provide an application fee prior to the exercise of any determination or exercise of discretion made by the commission;
(4)The commission shall not grant a license to a gaming establishment that is currently or previously has contracted with any type of illegal offshore betting;
(5)Applications for licenses shall be public records under section 10 of chapter 66; provided however, that trade secrets or other proprietary information provided in the course of an application for a gaming establishment license under this chapter, the disclosure of which would place the applicant at a competitive disadvantage, may be withheld from disclosure under chapter 66.
(b) Category S2 applicants:
(1)shall submit an application to the commission in a manner prescribed by the commission and this chapter to verify the applicant’s eligibility;
(2)shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in the denial of the license by the commission;
(3)shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(4)shall pay an application fee of $500,000.
(c) Category S2 licensees:
(1)shall pay an initial licensing fee of $500,000 within 30 days after the award of the license;
(2)shall pay a renewal fee of the greater of $500,000 or the inflation adjusted equivalent of $500,000 in January of the year 2021, as calculated by the Consumer Price Index of the Bureau of Labor Statistics for January of the current year if available; or the most recent month of the prior year for which statistics are available, every five years after the date of issuance of the initial license;
(3)shall offer sports wagering in person at said licensed facility;
(4)may conduct up to three online sports pools or may authorize up to three online sports pool operators licensed as gaming vendors under section 31 of 23K to operate an online sports pool on its behalf;
Section 7. Category SH licenses
(a)The commission may issue a request for Category SH licenses.
(1)The commission shall establish deadlines for the receipt of all applications for a Category SH license. Applications received after the deadline shall not be reviewed by the commission;
(2)The commission shall prescribe the form of the application pursuant to sections 9 and 12 of chapter 23K;
(3)Upon receipt of an application for a Category SH license the commission shall commence an investigation into the suitability of the applicant pursuant to section 12 of chapter 23K;
(4)The commission shall not grant a license to a gaming establishment that is currently or previously has contracted with any type of illegal offshore betting;
(5)Applications for licenses shall be public records under section 10 of chapter 66; provided however, that trade secrets or other proprietary information provided in the course of an application for a gaming establishment license under this chapter, the disclosure of which would place the applicant at a competitive disadvantage, may be withheld from disclosure under chapter 66.
(b) Category SH applicants:
(1)shall submit an application to the commission in a manner prescribed by the commission and this chapter to verify the applicant’s eligibility;
(2)shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in the denial of the license by the commission;
(3)shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(4)shall pay an application fee of $50,000.
(c) Category SH licensees:
(1)shall pay an initial licensing fee of 100,000 within 30 days after the award of the license;
(2)shall pay an annual license renewal fee of the greater of $25,000 or the inflation adjusted equivalent of $25,000 in January of the year 2021, as calculated by the Consumer Price Index of the Bureau of Labor Statistics for January of the current year if available; or the most recent month of the prior year for which statistics are available;
(3)shall offer sports wagering in person at said licensed facility;
Section 8. Category SM Licenses
(a)The commission may issue a request for Category SM licenses and shall issue no more than five category SM licenses.
(1)The commission shall establish deadlines for the receipt of all applications for a Category SM license. Applications received after the deadline shall not be reviewed by the commission;
(2)The commission shall prescribe the form of the application pursuant to sections 9 and 12 of chapter 23K;
(3)Upon receipt of an application for a Category SM license the commission shall commence an investigation into the suitability of the applicant pursuant to section 12 of chapter 23K;
(4)The commission shall not grant a license to a gaming establishment that is currently or previously has contracted with any type of illegal offshore betting;
(5)Applications for licenses shall be public records under section 10 of chapter 66; provided however, that trade secrets or other proprietary information provided in the course of an application for a gaming establishment license under this chapter, the disclosure of which would place the applicant at a competitive disadvantage, may be withheld from disclosure under chapter 66.
(b) Category SM applicants:
(1)shall submit an application to the commission in a manner prescribed by the commission and this chapter to verify the applicant’s eligibility;
(2)shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in the denial of the license by the commission;
(3)shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(4)shall pay an application fee of $500,000;
(c) Category SM licensees:
(1)shall pay an initial licensing fee of $500,000 within 30 days after the award of the license;
(2)shall pay a renewal fee of the greater of $500,000 or the inflation adjusted equivalent of $500,000 in January of the year 2021, as calculated by the Consumer Price Index of the Bureau of Labor Statistics for January of the current year if available; or the most recent month of the prior year for which statistics are available, every five years after the date of issuance of the initial license;
(3)shall conduct one online sports pool;
(4)shall hold in escrow the amount equal to deposits and unsettled bets. No escrow assets shall be commingled;
Section 9. The following regulations shall apply to Category S licensees:
(a) Category S licensees shall verify that a person placing a wager is twenty-one years of age;
(b)Category S licensees shall prohibit the use of credit cards in placing sports wagers on its premises, website or online application, however this provision does not exclude the use of debit cards;
(c)Category S licensees shall allow individuals to restrict themselves from placing wagers with the operator;
(d)Category S licensees shall maintain records in accordance with regulations promulgated by the commission;
(e)Category S licensees shall not accept wagers on prohibited sporting events or from prohibited bettors as defined in this chapter;
(f)Category S licensees shall implement responsible gaming programs that include comprehensive employee trainings on responding to circumstances in which individuals present signs of a gambling addiction;
(g)Category S licensees shall not purchase or otherwise use any personal biometric data of an athlete for the purpose of sports wagering;
(h)Category S licensees shall verify that a person is not a prohibited sports bettor as defined in this chapter; and
(i)Category S licensees shall maintain the security of wagering data, customer data, and other confidential information from unauthorized access and dissemination.
(j)Category S licensees shall be required to maintain all hardware and servers in the commonwealth;
(k)Category S licensees shall have a continuing duty to provide any assistance or information required by the commission and to cooperate in any inquiry or investigation conducted by the commission or any other lawful investigation agency. Refusal to answer or produce information, evidence or testimony by an applicant may result in a fine, or a suspension, revocation or non-renewal of said license;
(l)Category S licensees shall not wilfully withhold information or knowingly give false or misleading information to the commission or any other lawful investigation agency;
(m) Category S licensees shall be subject to a yearly review as described by the commission. If said operator violates any section of this act or Chapter 23K it will be at the discretion of the commission whether to renew, suspend or revoke said license;
Section 10. The commission shall promulgate regulations for the implementation, administration and enforcement of this chapter including, without limitation, advertising regulations that:
(a)Prohibit the targeting of minors, students, schools or colleges, problem gamblers, or other vulnerable persons, and which may include limitations on the form, content, quantity, timing, and location of advertisements.
(b)Prohibit the depiction of minors, students, schools or colleges, or school or college settings; provided that incidental depiction of non-featured minors will not be a violation of this subsection;
(c)Establish criteria to ensure advertisements do not state or imply endorsement by minors, collegiate athletes, colleges, or college athletic associations;
(d)Require the disclosure of the sports pool operator;
(e)Provide information about links to resources relating to gambling addiction.
(f)Require the prohibition of the following advertising, marketing, and branding activities:
(1)Advertisements, marketing, and branding in such a manner that it is deemed to be deceptive, false, misleading, or untrue, or tends to deceive or create a misleading impression whether directly, or by ambiguity or omission;
(2)Advertising, marketing and branding by means of television, radio, internet, mobile applications, social media, or other electronic communication, billboard or other outdoor advertising, or print publication, unless at least 85% of the audience is reasonably expected to be 21 years of age or older as determined by reliable and current audience composition data;
(3)Advertising, marketing, and branding that utilizes statements, designs, representations, pictures or illustrations that portray anyone younger than 21 years old;
(4)Advertising, marketing, and branding including, but not limited to, mascots, cartoons, brand sponsorships and celebrity endorsements, that is deemed to appeal to a person younger than 21 years old;
(5)Advertising on any billboards, or any other public signage, which fails to comply with all state and local ordinances and requirements;
(6)Use of unsolicited pop-up advertisements on the internet or text message;
(7)Advertising, marketing or branding, on or in public or private vehicles and at bus stops, taxi stands, transportation waiting areas, train stations, airports, or other similar transportation venues including, but not limited to, vinyl-wrapped vehicles or signs or logos on transportation vehicles or company cars;
(8)Any other advertising, marketing, or branding that the commission otherwise deems unacceptable or disruptive to viewer experience.
(g) Require all representations concerning winnings to be accurate, not misleading, and capable of substantiation at the time the representation is made; an advertisement is misleading if it makes representations about average winnings without representing the average net winnings of all players.
(h) Prohibit licensees under this chapter from advertising in publications or other media in Massachusetts that are aimed at minors;
Section 11. Pursuant to section 71 of chapter 23K, the commission shall study issues including, but not limited to: 1) an assessment of whether problem sports wagering is comorbid with problem gambling or gaming; 2) an assessment as to whether the individuals participating in sports wagering are different than those who participate in other forms of gaming or gambling; 3) an assessment of the impact of sports wagering on youth under the age of 25; and 4) an assessment of the impact of sports wagering on college athletics and professional sports.
Section 12. The commission shall establish and facilitate a confidential integrity helpline for players, athletes, coaches, employees of a sports organization, employees of a sports pool operator, and members of the general public to report allegations of potential violations of this act. There shall be a helpline phone number prominently displayed on the commission website and incorporated into public service announcements, displays and marketing mediums to ensure widest dissemination and availability.
Section 13. A sports pool operator or sports organization may not discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes a violation of this act.
Section 14. Enforcement and penalties under this section shall be pursuant to sections 6 and 35, 36, 37, 38, 39, 40, 41, 42 and 43 of chapter 23K.
Section 15. Winnings from sports wagering shall be subject to sections 51 and 52 of chapter 23K.
Section 16.
(a)All Category S licensees shall pay a monthly tax of 10 percent on gross sports wagering revenue on sports wagers received in person at a licensed facility;
(b)All Category S licensees shall pay a monthly tax of 12 percent on gross sports wagering revenue on sports wagers received through electronic means not on site at a licensed facility;
(c)The operator of fantasy contests as defined in section 135 of chapter 219 of the acts of 2016 shall pay a tax of 12 percent on revenue from fantasy contests that shall be remitted to the commission no less frequently than monthly by the operator;
(d)There shall be established a separate fund to be known as the Collegiate Health, Wellness and Education Fund. Five percent of sports wagering revenue shall be deposited into the Collegiate Health, Wellness and Education Fund annually to educate student athletes on relevant sports wagering regulations, the procedures for reporting a violation of those regulations, and for the protection of the student athletes reporting such violations. All remaining funds under this section shall be deposited into the Gaming Revenue Fund established 59 of Chapter 23K.
(e) There shall be established a separate fund to be known as the Commonwealth Economic Recovery Fund to be administered by the executive office of housing and economic development. One hundred percent of the application fees established under proposed Chapter 23N section 5 (b)(4), section 6 (b)(4), section 7 (b)(4), and section 8 (b)(4), additionally one hundred percent of the initial licensing fee established under proposed Chapter 23N section 5 (c)(1), section 6 (c)(1), section 7 (c)(1), and section 8 (c)(1) shall be deposited into the Commonwealth Economic Recovery fund annually for the first two years after initial licenses are issued. Said fund shall provide grants to municipalities in a manner determined by the secretary of housing and economic development.
SECTION 2. Section 2 of chapter 271 of the general laws is hereby amended in line 4, by striking out “except as permitted under chapter 23k” and inserting in its place thereof the following:- “except as permitted under chapters 23K or 23N”.
SECTION 3. Section 3 of chapter 271 of the general laws is hereby amended, in line 1, by striking out “Except as permitted under chapter 23K” and inserting in its place thereof the following:- “Except as permitted under chapters 23K or 23N.”
SECTION 4. Section 5 of chapter 271 of the general laws is hereby amended, in line 1, by striking out “except as permitted under chapter 23K” and inserting in its place thereof the following:- “except as permitted under chapters 23K or 23N.”
SECTION 5. Section 5B of chapter 271 of the general laws is hereby amended, in line584, by striking out “under chapter 23K” and inserting in its place thereof the following:- “under chapters 23K or 23N.”
SECTION 6. Section 8 of chapter 271 of the general laws is hereby amended, by striking out lines 10-11 and inserting in its place thereof the following:- “other gaming or wagering that is not being conducted pursuant to chapters 23K or 23N.”
SECTION 7. Section 17A of Chapter 271 of the general laws is hereby amended by striking line 16 and inserting in its place the following:- “authorized pursuant to the provisions of chapters 23K, 23N or section 5C of chapter 128A.”
SECTION 8. Section 16 (e) of proposed chapter 23N is hereby repealed
SECTION 9. Section 8 shall take effect on December 31, 2022 or two years after the issuance of licenses established under this act.
Budget Amendment ID: FY2021-S4-338
ECO 338
Preventing price gouging during an emergency
Mr. Tarr, Ms. DiZoglio, Messrs. O'Connor, Welch and Montigny moved that the proposed new text be amended by inserting after section _ the following section:-
"SECTION_. Chapter 93A as appearing in the 2018 official edition is hereby amended by inserting after Section 11 at the end thereof the following new section 12:-
Section 12. (1) It shall be an unfair or deceptive act or practice, during any market emergency, or any declared statewide emergency, for any petroleum-related business to sell or offer to sell any petroleum product for an amount that represents an unconscionably high price.
(2) A price is unconscionably high if: (a) the amount charged represents a gross disparity between the price of the petroleum product and 1. the price at which the same product was sold or offered for sale by the petroleum-related business in the usual course of business immediately prior to the onset of the market emergency, or 2. the price at which the same or similar petroleum product is readily obtainable by other buyers in the trade area; and
(b) the disparity is not substantially attributable to increased prices charged by the petroleum-related business suppliers or increased costs due to an abnormal market disruption.
(3). It shall be an unfair or deceptive act or practice, during any declared statewide or national emergency, for any business at any point in the chain of distribution or manufacture to sell or offer to sell to any consumer or to any other business any goods or services necessary for the health, safety or welfare of the public for an amount that represents an unconscionably high price.
(4) A price is unconscionably high for the purposes of paragraph 3 of this section provided the following:
(a) there is gross disparity between the price charged or offered; and
1. the price at which the same good or service was sold or offered for sale by the business in the usual course of business immediately prior to the onset of the declared statewide or national emergency; or
2. the price at which the same or similar product is readily obtainable from other businesses; and
(b) the disparity is not substantially attributable to increased prices charged by the business’s suppliers or increased costs due to an abnormal market disruption."
Budget Amendment ID: FY2021-S4-339
ECO 339
Second Worcester COVID Relief
Mr. Moore moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- “; provided further, that not less than $200,000 shall be expended equally to Auburn, Grafton, Leicester, Millbury, Northbridge, Shrewsbury, Upton and Worcester for technology, health and safety improvements related to the 2019 novel coronavirus pandemic”; and
in said section 2, in said item 1599-1233, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$300,000”.
Budget Amendment ID: FY2021-S4-339-R2
2nd Redraft ECO 339
Second Worcester COVID Relief
Mr. Moore moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- “; provided further, that not less than $150,000 shall be expended equally to the towns of Auburn, Grafton, Leicester, Millbury, Northbridge, Shrewsbury and Upton for technology, health and safety improvements related to the 2019 novel coronavirus pandemic; provided further, that not less than $50,000 shall be expended for the South Worcester Neighborhood Improvement Corporation”; and by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$300,000”;
Budget Amendment ID: FY2021-S4-339-R1
Redraft ECO 339
Second Worcester COVID Relief
Mr. Moore moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- “; provided further, that not less than $150,000 shall be expended equally to Auburn, Grafton, Leicester, Millbury, Northbridge, Shrewsbury, and Upton for technology, health and safety improvements related to the 2019 novel coronavirus pandemic”; and in said section 2, in said item 1599-1233, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$250,000”;
and in section 2, in item 7004-0099, by adding the following words:- “provided further, that no less than $50,000 shall be expended for the South Worcester Neighborhood Improvement Corporation”; and by striking out the figure “$7,528,502” and inserting in place thereof the following figure:- “$7,578,502”.
Budget Amendment ID: FY2021-S4-341-R1
Redraft ECO 341
New England Aquarium
Messrs. Boncore and O'Connor moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- “; provided, that not less than $2,500,000 shall be expended for the New England Aquarium Corporation in the city of Boston”; and
in said section 2, in said item 1599-1233, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$2,600,000”.
Budget Amendment ID: FY2021-S4-341
ECO 341
New England Aquarium
Messrs. Boncore and O'Connor moved that the proposed new text be amended in section 2, in item 7008-0900, by adding the following words:- “; provided further that $3,000,000 shall be expended for the New England Aquarium”; and by striking out the figure “163,175” and inserting in place thereof the following figure:- “3,163,175”.
Budget Amendment ID: FY2021-S4-342
ECO 342
COVID-19 Unemployment Gap Coverage
Mr. O'Connor, Ms. Gobi, Mr. Tarr and Ms. Moran moved that the proposed new text be amended by adding the following new section:-
"SECTION XX. (a) Any employee who was unable to work between March 10, 2020 and April 2, 2020 due to conditions established in subsection (b) of this section shall have the following right to emergency paid sick time. Employees who work 40 hours or more per week shall be provided at least 80 hours of emergency paid sick time under this section. Employees who work fewer than 40 hours in a week shall be provided emergency paid sick time under this section in an amount equal to at least the amount of time the employee is otherwise scheduled to work or works on average in a 14-day period.
(b) Emergency paid sick time shall be provided to an employee by an employer for the following absences, including the inability to telework, related to a public health emergency:
(1) An employee’s need to: (i) self-isolate and care for oneself because the individual is diagnosed with a communicable illness related to a public health emergency; (ii) self-isolate and care for oneself because the individual is experiencing symptoms of a communicable illness related to a public health emergency; (iii) seek or obtain medical diagnosis, care, or treatment if experiencing symptoms of a communicable illness related to a public health emergency; or (iv) seek preventive care concerning a communicable illness related to a public health emergency;
(2) Care of a family member who: (i) is self-isolating due to being diagnosed with a communicable illness related to a public health emergency; (ii) is self-isolating due to experiencing symptoms of a communicable illness related to a public health emergency; (iii) needs medical diagnosis, care, or treatment if experiencing symptoms of a communicable illness related to a public health emergency; or (iv) is seeking preventive care concerning a communicable illness related to a public health emergency;
(3) Determination by a local, state, or federal public official, a health authority having jurisdiction, the employee’s employer, or a health care provider that the employee’s presence on the job or in the community would jeopardize the health of others because of the employee’s exposure to a contagious illness or exhibiting of symptoms, regardless of whether the employee has been diagnosed with a contagious illness;
(4) Care of a family member due to a determination by a local, state, or federal public official, a health authority having jurisdiction, the family member’s employer, or a health care provider that the family member’s presence on the job or in the community would jeopardize the health of others because of the family member’s exposure to a contagious illness or exhibiting of symptoms, regardless of whether the family member has been diagnosed with a contagious illness; or
(5) An employee’s inability to work or telework while subject to either: an individual or general local, state, or federal quarantine or isolation order, including a shelter-in-place order, related to a public health emergency; or closure of the employee’s place of business by order of a local, state, or federal public official or health authority or at the discretion of the employer due to a public health emergency.
(c) All employees employed by an employer in the commonwealth who must be absent from work for the reasons set forth in subsection (c) of this section, and are unable to telework, shall be eligible for emergency paid sick time regardless of the duration of such employment, or any temporary or probationary status, and shall be paid at the same hourly rate as the employee earns from the employee’s employment at the time the employee uses the emergency paid sick time; provided, however, that this hourly rate shall not be less than the effective minimum wage under section 1 of chapter 151, and shall not exceed $850 per week; provided further that annually, not later than October 1 of each year, the commonwealth shall adjust the maximum weekly benefit amount under this section to be 64 per cent of the state average weekly wage and the adjusted maximum weekly benefit amount shall take effect on January 1 of the year following such adjustment. Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement or other separation from employment for emergency paid sick time provided under this section that has not been used.
(d) Employers who pay their employees for emergency paid sick time as required by this section shall be reimbursed in full by the commonwealth by providing proof of such payments to the department of revenue, but no employer shall be entitled to reimbursement under this section for paid time off provided to employees for which the employer is entitled to receive a federal payroll tax credit, including federal payroll tax credits for an employee’s use of paid sick time under the federal Families First Coronavirus Response Act, P.L. No. 116-127, to the extent permitted and not in conflict with federal law. The department of revenue shall provide such reimbursements directly to employers within 5 business days by direct deposit to the employer’s bank account or by check to the employer.
(e) The commonwealth shall compensate employers as described in subsection (e) of this section by drawing upon funds in the commonwealth stabilization fund established under section 2H of chapter 29 appropriated for such purpose by the general court."
Budget Amendment ID: FY2021-S4-343
ECO 343
Film tax credit
Messrs. Tarr, Feeney, O'Connor, Brady, Moore, Timilty and Tran moved that the proposed new text be amended by inserting after section _ the following new sections:-
"SECTION _. Chapter 63 of the Acts of 2007 is hereby amended by striking out section 15.
SECTION _. Chapter 158 of the Acts of 2005 is hereby amended by striking out section 9 and inserting in place thereof the following: -
This act shall be effective for tax years beginning on or after January 1, 2006.”
Budget Amendment ID: FY2021-S4-344
ECO 344
Home Works
Ms. Lovely, Messrs. Moore and Welch moved that the proposed new text be amended in section 2, in item 7004-0101, by adding the following words:- “provided further, that not less than $800,000 shall be expended to establish the home works program; provided further, that the home works program shall provide opportunities for children in the emergency housing assistance program to attend out-of-school time and summer programming run by youth-serving organizations; provided further, that a youth-serving organization shall apply to contract with the department of housing and community development to receive contract slots to serve children in the program; provided further, that youth-serving organizations shall obtain criminal offender record information for each staff member employed by the program with responsibilities that include direct care for children pursuant to section 172H of chapter 6 of the General Laws and sex offender registry information pursuant to section 178I of said chapter 6, as well as information that is publicly available from a registry of sex offender information that is operated or coordinated by the federal government; provided further, that the department may expend funds for the administration and implementation of the home works program";
Budget Amendment ID: FY2021-S4-344-R1
Redraft ECO 344
Home Works
Ms. Lovely, Messrs. Moore, Brady, O'Connor and Tarr moved that the proposed new text be amended in section 2, in item 7004-0101, by adding the following words:- “; provided further, that not less than $800,000 shall be expended to establish the home works program, which shall provide opportunities for children in emergency housing assistance programs to attend out-of-school time and summer programming run by youth-serving organizations; provided further, that a youth-serving organization shall apply to contract with the department of housing and community development to receive contract slots to serve children in the program; provided further, that youth-serving organizations shall obtain criminal offender record information for each staff member employed by the program with responsibilities that include direct care for children pursuant to section 172H of chapter 6 of the General Laws and sex offender registry information pursuant to section 178I of said chapter 6, as well as information that is publicly available from a registry of sex offender information that is operated or coordinated by the federal government; provided further, that the department may expend funds for the administration and implementation of the home works program"; and
in said section 2, in said item 7004-0101, by striking out the figure "$179,904,755" and inserting in place thereof the following figure:- "$180,704,755”.
Budget Amendment ID: FY2021-S4-346
ECO 346
Marine Trades Workforce Development
Messrs. O'Connor, Feeney, Tarr, Welch, Boncore, Timilty and Velis, Ms. Moran, Messrs. Montigny and Cyr moved that the proposed new text be amended in section 2, in item 7027-0019, by adding the following:- “ ; provided further, that $75,000 shall be expended to the non-profit Massachusetts Marine Trades Association to increase statewide workforce development training opportunities and technical education for careers in the marine trades, both via remote learning and when possible in-person experiential instruction with secondary and post-secondary education.”
Budget Amendment ID: FY2021-S4-348
ECO 348
Recovery for Hospitality and Tourism
Mr. Cyr, Ms. DiZoglio, Messrs. Tran and Eldridge, Ms. Gobi, Messrs. O'Connor, Moore, Tarr and Velis, Ms. Comerford, Messrs. Crighton and Hinds and Ms. Moran moved that the proposed new text be amended in section 2, by adding the following item:
"xxxx-xxxx For a competitive grant program administered by the office of travel and tourism to provide tourism and cultural marketing funds to businesses and regional tourism councils for the purpose of promoting and advertising in-state tourism in order to create jobs, support tourism-related businesses in the commonwealth and stimulate the state and local economies of the commonwealth; provided, that not less than $4,000,000 shall be allocated to regional tourism councils in order to provide regional advertising, public relations and other marketing initiatives that will promote in-state tourism and encourage the upholding of necessary public health and social distancing protocols relative to the 2019 novel coronavirus pandemic..................................................... $10,000,000"
Budget Amendment ID: FY2021-S4-349
ECO 349
1199 Training and Upgrading Fund
Messrs. DiDomenico, Feeney, Crighton, Collins, O'Connor and Brady, Ms. Comerford, Ms. Lovely and Mr. Cyr moved that the proposed new text be amended in section 2, by inserting after item 7003-0607 the following item:
"xxxx-xxxx For the 1199SEIU Training and Upgrading Fund to deliver innovative worker training for eligible health care workers that will better the lives of health care workers, reduce costs and improve the quality of health care provided by MassHealth personal care attendants and provided at nursing homes, community health centers, hospitals and health systems.................... $200,000".
Budget Amendment ID: FY2021-S4-350
ECO 350
Operation A.B.L.E.
Messrs. DiDomenico, O'Connor, Moore, Eldridge and Collins and Ms. Creem moved that the proposed new text be amended in section 2, in item 7035-0002, by adding the following words:- "; provided further, that $250,000 be expended for Operation A.B.L.E. of Greater Boston to provide basic workforce and skills training, employment services and job re-entry support to older workers"; and by striking out the figure “$40,606,883” and inserting in place thereof the following figure:- “$40,856,883”.
Budget Amendment ID: FY2021-S4-352
ECO 352
St. Mary's Center
Mr. Collins moved that the proposed new text be amended in section 2, in item 7002-0012, by inserting after “between the two programs" the following:- "; provided further that no less than $250,000 shall be expended for a grant program to St. Mary's Center for Women and Children in Dorchester for workforce development and educational programming for women impacted by COVID-19"; and in said item by striking out the figures "$20,000,000" and inserting in place thereof the figures "$20,250,000".
Budget Amendment ID: FY2021-S4-356-R1
Redraft ECO 356
Job Training for Formerly Incarcerated
Mr. Eldridge, Ms. DiZoglio, Messrs. O'Connor and Cyr and Ms. Creem moved that the proposed new text be amended in section 2, in item 7003-0150, by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- “$1,300,000”.
Budget Amendment ID: FY2021-S4-356
ECO 356
Job Training for Formerly Incarcerated
Mr. Eldridge, Ms. DiZoglio and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 7003-0150, by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- “$1,500,000”.
Budget Amendment ID: FY2021-S4-357
ECO 357
Timely Distribution of Regional Tourism Council Funds
Ms. Lovely, Messrs. Cyr and Feeney, Ms. DiZoglio, Messrs. Moore and Eldridge, Ms. Rausch, Mr. Tran, Ms. Gobi, Messrs. Tarr, Welch, Lesser, O'Connor and Velis, Ms. Comerford, Messrs. Crighton and Hinds and Ms. Moran moved that the proposed new text be amended by inserting after section __ the following section:-
"SECTION __. Grants from the amounts collected pursuant to subsection (a) of section 13T of chapter 23A of the General Laws allocated to regional tourism councils pursuant to clause (ii) of subsection (d) of said section 13T of said chapter 23A for fiscal year 2021 shall be distributed not later than January 1, 2021. Grants from the amounts collected pursuant to subsection (b) of section 13T of chapter 23A of the General Laws allocated to regional tourism councils for fiscal year 2020 shall be distributed not later than January 1, 2021 according to the current allocation formula."
Budget Amendment ID: FY2021-S4-358
ECO 358
MassHire Career Centers
Ms. Comerford, Ms. DiZoglio, Ms. Gobi, Messrs. O'Connor, Welch, Lesser, Feeney and Keenan, Ms. Moran and Mr. Cyr moved that the proposed new text be amended in section 2, in item 7003-0803, by striking out the figure "$3,960,051" and inserting in place thereof the following figure:- "$5,000,000".
Budget Amendment ID: FY2021-S4-359
ECO 359
Concrete Foundation Testing Reimbursement Program
Ms. Gobi, Messrs. Moore, Welch, Lesser, Velis and Fattman moved that the proposed new text be amended in section 2, in item 7006-0142, by adding at the end thereof the following:-
"; and provided further, that not less than $50,000 shall be provided for a reimbursement program to be managed by the Division of Professional Licensure which shall provide for the costs associated with the implementation of testing for the presence of pyrrhotite in the foundation of homes built on or after 1983 in the Commonwealth within a 50 mile radius of J.J. Mottes Concrete Company in Stafford Springs, Connecticut; provided further, that reimbursements shall be made at a rate of 100 percent for visual testing conducted by a licensed professional engineer up to $400 and at a rate of 75 percent for the testing of 2 core samples up to $5,000."
and in said item by striking out the figures “$16,034,593” and inserting in place thereof the figures “$16,084,593”.
Budget Amendment ID: FY2021-S4-361
ECO 361
Promoting financial stability
Mr. Tarr and Ms. Moran moved that the proposed new text be amended by inserting the following new sections:-
SECTION XX. Notwithstanding any law, rule, or regulation, mortgages of residential and commercial property which provides rental income that in whole or in part supports that payment of mortgage obligations shall provide forbearance relative to such obligations for the duration of the outbreak of the 2019 novel coronavirus, also known as COVID-19, and the governor’s March 10, 2020 declaration of a state of emergency plus thirty days after the conclusion of the governor’s March 10, 2020 declaration of a state of emergency, if and to the extent the provisions of this act are met.
SECTION XX. In order to be eligible for the forbearance prescribed in section 1, a mortgagor shall demonstrate that more than fifty percent of rental income from the property secured by the subject mortgage has not been received as a result of the public health emergency caused by the COVID-19 virus. Said demonstration shall be in a written affidavit which shall attest, under the pains and penalties of perjury, to the amount of rent required by an existing lease or other rental agreement, and any amounts received and/or projected to be received during the period for which forbearance is being sought. A copy of such lease or agreement shall be attached to said affidavit.
SECTION XX. Any forbearance provided pursuant to this act shall not, give rise to a subsequent assessment of interest, penalties, or other similar assessments, and shall not be subject to state taxation.
SECTION XX. The commissioner of banks to the extent feasible and practicable in facilitating the timely implementation of this act, may develop and promulgate standardized forms for the written documentation required in section 2; provided, however, that the absence of such forms shall not render the provisions of this act inoperable.
SECTION XX. The provisions of this act shall expire, unless otherwise extended, modified, or terminated, 30 days following the expiration of the governor’s March 10, 2020 declaration of a state of emergency or any extension thereof or 90 days following the passage of this act, whichever is sooner.
Budget Amendment ID: FY2021-S4-362
ECO 362
Mortgage Forbearance
Mr. Moore, Ms. DiZoglio, Ms. Rausch, Mr. Eldridge, Ms. Chang-Diaz, Ms. Jehlen, Ms. Gobi and Mr. Velis moved that the proposed new text be amended by inserting after section ____ the following 2 sections:-
"SECTION XX. Section 5 of chapter 65 of the acts of 2020 is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) A creditor or mortgagee shall grant a forbearance to a mortgagor of a mortgage loan for residential property as defined in said section 35B of said chapter 244; for residential property owned by a nonprofit entity or an affiliate or agent of the non-profit entity or a mortgagor, including affiliates and agents, that owns 15 or fewer residential apartments or a small business premises unit if the mortgagor submits a request to the mortgagor’s servicer affirming that the mortgagor has experienced a financial impact from COVID-19. The request may be made in any form, written or oral, and the forbearance shall be granted regardless of the mortgagor’s delinquency status. The forbearance shall last 180 days, although at the mortgagor’s request, the period of forbearance may begin in an increment shorter than 180 days and then extended at the mortgagor’s request. The forbearance shall be extended for an additional 180 days at the mortgagor’s request. Fees, penalties or interest beyond the amounts scheduled and calculated as if the mortgagor made all contractual payments on time and in full under the terms of the mortgage contract shall not accrue during the period of forbearance granted under this subsection. A payment subject to the forbearance, including any escrow payments required to be paid in the mortgage contract, shall be added to the end of the term of the loan unless otherwise agreed to by the mortgagor and mortgagee. Nothing in this subsection shall prohibit a mortgagor and mortgagee from entering into an alternative payment agreement for the payments subject to the forbearance. The mortgagee shall not furnish negative mortgage payment information to a consumer reporting agency related to mortgage payments subject to forbearance under this act.
SECTION XX. Said chapter 65 is hereby further amended by striking out section 6 and inserting in place thereof the following section:-
SECTION 6. Notwithstanding any general or special law to the contrary, a creditor or mortgagee shall not be required to grant a forbearance to a mortgagor of a mortgage loan for a residential property under subsection (b) of section 5 if the mortgagor’s request for such forbearance is made after the COVID-19 emergency declaration has been lifted."
Budget Amendment ID: FY2021-S4-363
ECO 363
The Resilient Randolph Fund
Mr. Timilty moved that the proposed new text be amended in section 2, in item 2511-0105, by adding at the end the following:- "provided further, that not less than $40,000 shall be expended for the United Way of Massachusetts Bay and Merrimack Valley’s Resilient Randolph Fund to provide resources for emergency assistance”; and by striking out the figure "$30,000,000" and inserting in place thereof the following figure:- "$30,040,000".
Budget Amendment ID: FY2021-S4-363-R1
Redraft ECO 363
The Resilient Randolph Fund
Mr. Timilty moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- "; provided further, that not less than $25,000 shall be expended for the United Way of Massachusetts Bay and Merrimack Valley’s Resilient Randolph Fund to provide resources for emergency assistance”; and
by striking out the figure "$100,000" and inserting in place thereof the following figure:- "$125,000".
Budget Amendment ID: FY2021-S4-365-R1
Redraft ECO 365
Horizons for Homeless Children
Ms. Moran, Messrs. O'Connor, Eldridge, Moore, Welch, Collins, Timilty, Pacheco, Brady and Velis, Ms. DiZoglio, Messrs. Finegold, Rush and Cyr moved that the proposed new text be amended in section 2, in item 7004-0099, by adding the following words:- “; provided further, that not less than $200,000 shall be expended for Horizons for Homeless Children, Inc.”;
and in said section 2, in said item 7004-0099, by striking out the figure “$7,528,502” and inserting in place thereof the following figure:-
"$ 7,728,502".
Budget Amendment ID: FY2021-S4-365
ECO 365
Horizons for Homeless Children
Ms. Moran, Messrs. O'Connor, Eldridge, Moore, Welch, Collins, Timilty, Pacheco, Brady and Velis and Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 7004-0107, by adding the following words:- “; provided further, that not less than $200,000 shall be expended for Horizons for Homeless Children”.
Budget Amendment ID: FY2021-S4-366
ECO 366
Offsite Fabrication
Messrs. Feeney, Timilty, Brady, Moore, O'Connor, Velis, Tran, Crighton, Pacheco and Keenan moved that the proposed new text be amended by adding the following new sections:
SECTION XX.
Section 27D of chapter 149 of the General Laws is hereby amended by inserting at the end thereof the following new paragraphs:-
For the purposes of this section, the words “construction” and “constructed” shall include offsite fabrication work for any project covered by this section. In such cases, the wage required under this chapter shall be paid for such work and the requirements of Section 27B of chapter 149 shall apply to such work, including, but not limited to, weekly submission of certified payroll records and an accompanying statement made under penalties of perjury. Penalties provided under Section 27C of chapter 149 shall apply to such work.
The term “offsite fabrication” means products or items that are: (a) produced specifically for a qualified project; (b) considered to be non-standard items; and (c) produced at an offsite location, including, but not limited to those made or consisting of fabricated pipe, piping materials or fixtures, electrical wiring, sheet metal materials, or any systems, components or modular units made of any of the foregoing. Nothing in the foregoing definition of “offsite fabrication” is intended to restrict application of Section 26 of chapter 149 of the General Laws or to prevent the Commonwealth, or a county, town, authority or district thereof contracting for the construction of public works from giving preference to offsite fabrication performed at an offsite location within a specific geographical area.
SECTION XX.
Section 27B of chapter 149 of the General Laws is hereby amended by inserting at the end thereof the following new paragraph:-
For any offsite fabrication work subject to this section, the contractor, subcontractor or public body shall include a section in their weekly certified prevailing wage records that provides: (a) the name and address of the manufacturer, shop or other type of prefabrication facility where the fabrication work was performed; and (b) the name, address, and occupational classifications of each mechanic, apprentice, laborer or other employee employed in the performance of such work, the hours worked by, and wages paid to, each such employee.
SECTION XX. This act shall take effect upon its passage.
Budget Amendment ID: FY2021-S4-367
ECO 367
Equitable Phased Reopening Designation for Bars and Pubs
Ms. DiZoglio and Mr. Fattman moved that the proposed new text be amended by adding the following section:
SECTION XX. Notwithstanding any general or special law to the contrary, establishments that are licensed under section 12 of chapter 138 of the General Laws to serve wine, malt beverages, mixed drinks or any other alcoholic beverages for on-premises consumption shall be (i) designated for reopening during the same phase applicable to restaurants for purposes of the phased plan for reopening of workplaces, businesses and other facilities across the commonwealth by executive orders of the governor of the commonwealth in response to the outbreak of the 2019 novel coronavirus, also known as COVID-19, and (ii) authorized to operate and serve seated patrons without restriction or limitation or other requirement regarding which menu items are being served to a particular seated patron for consumption on-premises so long as restaurants are permitted to be open and operational under the phased plan for reopening; provided, however, that such establishments otherwise comply with all other general business reopening guidelines and sector-specific COVID-19 safety standards imposed on restaurants.
Budget Amendment ID: FY2021-S4-369
ECO 369
Eliminating Arbitrary Restriction on Restaurant Service
Ms. DiZoglio and Mr. Fattman moved that the proposed new text be amended by adding the following section:
SECTION XX. Notwithstanding any general or special law to the contrary, establishments that serve food prepared on-site and intended for immediate consumption under a Food Service Establishment Permit, as permitted and issued by a municipal authority pursuant to 105 CMR 590.00, that are also licensed under section 12 of chapter 138 of the General Laws to serve wine, malt beverages, mixed drinks or any other alcoholic beverages for on-premises consumption, shall be (i) categorized as restaurants for purposes of the phased plan for reopening of workplaces, businesses and other facilities across the commonwealth by executive orders of the governor of the commonwealth in response to the outbreak of the 2019 novel coronavirus, also known as COVID-19, irrespective of recency or order of application or issuance of such permit or license, and (ii) authorized to operate and serve seated patrons without restriction or limitation or other requirement regarding which menu items are being served to a particular seated patron for consumption on-premises so long as restaurants are permitted to be open and operational under the phased plan for reopening; provided, however, that such establishments otherwise comply with all other general business reopening guidelines and sector-specific COVID-19 safety standards imposed on restaurants. Specifically, restaurants licensed under said section 12 of said chapter 138 shall not be required to serve food in order to serve alcoholic beverages for consumption on-premises by seated patrons.
Budget Amendment ID: FY2021-S4-370
ECO 370
Homelessness Prevention
Mr. Cyr and Ms. Moran moved that the proposed new text be amended in section 2, in item 7004-0102, by adding the following words:- "; provided further, that not less than $150,000 shall be made available to the Housing Assistance Corporation of Cape Cod to provide comprehensive services for homeless individuals and families particularly impacted by Covid 19 in consultation with Lower Cape Outreach Council and provided further that provided further, that not less than $50,000 shall be expended for a caseworker position under the Housing Assistance Corporation to assist residents of Martha's Vineyard who are homeless or at risk for homelessness or who have been impacted by the Covid 19 virus"; and
in said section 2, in said item 7004-0102, by striking out the figure “$53,355,000” and inserting in place thereof the following figure:- “$53,357,000”.
Budget Amendment ID: FY2021-S4-371
ECO 371
Lynn E-Team Machinist Training Program
Mr. Crighton moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- "; provided further, that not less than $100,000 shall be expended for the E-Team Machinist program in the city of Lynn"; and
in said section 2, in said item 1599-1233, by striking out the figure "$100,000" and inserting in place thereof the following figure:- "$200,000".
Budget Amendment ID: FY2021-S4-372
ECO 372
Independent Restaurant Grant Program
Ms. Creem moved that the proposed new text be amended in section 2, in item 7002-2020, by adding the following words:- "provided further, that $175,000 shall be disbursed as grants to independent restaurants located in Newton, Brookline and Wellesley to supply prepared meals and other food products to food banks, senior programs, or to other persons in need who have been impacted by COVID-19, and provided further that the grants shall be administered by the Newton/Needham Chamber of Commerce in coordination with the Brookline Chamber of Commerce and the Wellesley Chamber of Commerce; and provided further that not less than $75,000 shall be allocated for grants to independent restaurants in Newton, and provided further that not less than $60,000 shall be allocated for grants to independent restaurants in Brookline, and provided further that not less than $40,000 shall be allocated for grants to independent restaurants in Wellesley"; and by striking out the figure "$46,350,000" and inserting in place thereof the following figure:- "$46,525,000".
Budget Amendment ID: FY2021-S4-372-R1
Redraft ECO 372
Independent Restaurant Grant Program
Ms. Creem moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- "; provided further, that not less than $175,000 shall be expended to the Newton-Needham Chamber of Commerce, Inc., in coordination with the Brookline Chamber of Commerce, Inc., and the Wellesley Chamber of Commerce, Inc., to provide grants to independent restaurants located in the city of Newton and the towns of Brookline and Wellesley to supply prepared meals and other food products to food banks, senior programs or to other persons in need who have been impacted by the 2019 novel coronavirus; provided further, that not less than $75,000 of said funds shall be allocated for grants to independent restaurants in the city of Newton, not less than $60,000 of said funds shall be allocated for grants to independent restaurants in the town of Brookline and not less than $40,000 of said funds shall be allocated for grants to independent restaurants in the town of Wellesley"; and
in said section 2, in said item 1599-1233, by striking out the figure "$100,000" and inserting in place thereof the following figure:- "$275,000".
Budget Amendment ID: FY2021-S4-373
ECO 373
New American Association of Massachusetts in the City of Lynn
Mr. Crighton moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- “; provided further, that not less than $90,000 shall be expended to the New American Association of Massachusetts in the City of Lynn”; and
in said section 2, in said item 1599-1233, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$190,000”.
Budget Amendment ID: FY2021-S4-374
ECO 374
Increase to Public Housing Subsidy
Messrs. Crighton, Brady, Tran, Moore, Feeney and O'Connor and Ms. Lovely moved that the proposed new text be amended in section 2, in item 7004-9005, by striking out the figure “$75,000,000” and inserting in place thereof the following figure:- “$80,000,000”.
Budget Amendment ID: FY2021-S4-376
ECO 376
Homeowner Counseling
Messrs. Eldridge, O'Connor and Moore moved that the proposed new text be amended in section 2, in item 7006-0011, by striking out, in line 4, the words “not more than $1,500,000” and inserting in place thereof the following words:- “not more than $2,850,000”; and
in said section 2, in said item 7006-0011, by striking out, in line 7, the words “not less than $500,000” and inserting in place thereof the following words:- “not less than $1,300,000”; and
in said section 2, in said item 7006-0011, by striking out the figure “1,500,000” and inserting in place thereof the following figure:- “$2,850,000”.
Budget Amendment ID: FY2021-S4-376-R1
Redraft ECO 376
Homeowner Counseling
Messrs. Eldridge, O'Connor and Moore moved that the proposed new text be amended in section 2, in item 7006-0011, by striking out the words “not more than $1,500,000” and inserting in place thereof the following words:- “not more than $2,300,000”; and
by striking out the words “not less than $500,000” and inserting in place thereof the following words:- “not less than $1,300,000”; and
by striking out the figure “$1,500,000” and inserting in place thereof the following figure:- “$2,300,000”.
Budget Amendment ID: FY2021-S4-377
ECO 377
Hilltown Economic Development
Mr. Hinds, Ms. DiZoglio and Mr. Velis moved that the proposed new text be amended in section 2, in item 7007-0300, by adding at the end thereof the following:- “; provided further, that not less that $250,000 shall be provided to the Hilltown Community Development Corporation to support economic development, including, but not limited to farming, workers, and business adaption to challenges related to COVID-19 in Franklin and Hampshire counties, of which not less than $100,000 shall be directed to the Greater Shelburne Falls Area Business Association for economic development, including, but not limited to farming, workers, and business adaption challenges related to COVID-19 in Franklin County;” and, in said item, by striking out the figure “$1,701,313” and inserting in place thereof the figure “$1,951,313”.
Budget Amendment ID: FY2021-S4-378
ECO 378
Campaign to Prevent Youth Marijuana Use
Mr. Cyr, Ms. DiZoglio, Messrs. Eldridge, O'Connor and Hinds and Ms. Moran moved that the proposed new text be amended in section 2, in item 1070-0841, by adding the following words:- “provided further, that not less than $1,000,000 shall be expended for implementation of section 51 of chapter 55 of the acts of 2017”.
Budget Amendment ID: FY2021-S4-379
ECO 379
Neighborhood Stabilization Initiative
Messrs. Crighton, Lesser and O'Connor and Ms. Lovely moved that the proposed new text be amended in section 2, in item 7002-1502, by adding the following words:- “; provided, that $750,000 shall be expended on a neighborhood stabilization initiative to assist local governments and their non-profit partners to implement strategic neighborhood revitalization initiatives; provided further, that the Initiative shall be developed in consultation with the Massachusetts Association of Community Development Corporations and The Massachusetts Institute for a New Commonwealth, Inc. and shall focus on identifying and implementing strategies for reclaiming vacant, abandoned and blighted properties and restoring them to productive use as homeownership opportunities or rental housing, as well as on capacity-building at the local level to address this need”; and by striking out the figure “$250,000” and inserting in place thereof the following figure:- “$1,000,000”.
Budget Amendment ID: FY2021-S4-380
ECO 380
COVID-19 Nascent Business Relief Fund
Ms. DiZoglio moved that the proposed new text be amended by adding the following sections:
SECTION XX. (a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the COVID-19 Nascent Business Relief Fund to be administered by the office of housing and economic development.
(b) The purpose of the Fund shall be for financial assistance in the form of grants to (i) businesses within the commonwealth that are experiencing financial distress as a result of the 2019 novel coronavirus, or COVID-19, outbreak, or the governor’s March 10, 2020, declaration of a state of emergency for the commonwealth and subsequent executive orders pursuant thereto, which were operational and as of the date of said declaration and prior thereto for a minimum of 3 months, and which would otherwise be eligible for previous grant opportunities provided by the commonwealth in response to the economic impact of COVID-19 but for lack of operational and income history, and (ii) 501(c)(6) organizations within the commonwealth that are experiencing financial distress as a result of the COVID-19 outbreak, or the governor’s March 10, 2020, declaration of a state of emergency for the commonwealth and subsequent executive orders pursuant thereto. Such financial assistance shall include, but not be limited to, grants for: (i) loss of revenue; (ii) unexpected expenses, such as expenses incurred to meet general business reopening guidelines and sector-specific COVID-19 safety standards; or (iii) loss of contributions, grants, or other financial assistance as a result of the COVID-19 outbreak.
(c) There shall be credited to the Fund all amounts that are, by law, transferred or authorized to be transferred thereto or directed to be deposited therein, and all amounts received as gifts, grants or contributions for the purposes of the Fund. Amounts credited to the Fund shall not be subject to further appropriation and any money remaining in the Fund at the end of a fiscal year shall not revert to the General Fund.
SECTION XX. On the effective date of this act, the comptroller shall transfer $10,000,000 from the General Fund to the COVID-19 Nascent Business Relief Fund established in SECTION XX for the purposes of carrying out said SECTION.
Budget Amendment ID: FY2021-S4-381
ECO 381
Distressed Restaurant COVID-19 Relief Trust Fund
Ms. DiZoglio, Messrs. O'Connor and Fattman moved that the proposed new text be amended by adding the following sections:-
SECTION XX. Chapter 29 of the General Laws is hereby amended by inserting after section 2FFFFF the following section:-
Section 2GGGGG. (a) There shall be a Distressed Restaurant COVID-19 Relief Trust Fund administered by the secretary of housing and economic development. The secretary of housing and economic development shall make expenditures from the fund in the form of grants to assist distressed restaurants covered under chapter 65 of the Acts of 2020 with recovery from the COVID-19 pandemic.
(b) The secretary shall establish eligibility requirements by which grants shall be awarded to both (i) qualifying distressed restaurants that have suffered demonstrable financial harm related to the COVID-19 pandemic, and (ii) landlords of qualifying distressed restaurants that have provided documented evidence of implementation of rent abatement programs for such distressed restaurant tenants. Such requirements shall, at a minimum, (i) prioritize minority-owned restaurants and Massachusetts independently owned and operated restaurants, and (ii) allow for up to one dollar of grant funding to a landlord of a qualifying distressed restaurant for every two dollars of documented rent abatement actually provided to such distressed restaurant tenant.
(c) The fund shall consist of: (i) revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; and (ii) funds from public or private sources including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund. Amounts credited to the fund shall not be subject to further appropriation and monies remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The of secretary of housing and economic development shall report annually not later than October 1 to the house and senate committees on ways and means on the fund's activity. The report shall include, but not be limited to, revenue received by the fund, revenue and expenditure projections for the forthcoming fiscal year and details of all expenditures from the fund.
SECTION XX. Section 6 of chapter 65 of the Acts of 2020 is hereby amended by striking out the figure “120” each time it appears, and inserting in place thereof, in each instance, the following figure:- 270.
SECTION XX. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Covered establishment”, a restaurant or other eating or drinking establishment offering same-day food or drink for sale in a single commercial transaction through any third-party delivery service platform, from 1 or more retail locations within the commonwealth. “COVID-19 emergency”, the state of emergency declared by the governor on March 10, 2020 in order to address the outbreak of the 2019 novel coronavirus, also known as COVID-19.
“Customer”, an individual using a third-party delivery service platform to place an online order.
“Online order”, an order for food or drinks placed by a customer through a third-party delivery service platform provided by a third-party delivery service company for pickup or delivery in the commonwealth.
“Purchase price”, the menu price publicly offered on the third-party delivery service platform by a covered establishment. The purchase price shall not include any taxes, gratuities or other fees that may make up the total cost charged to the customer for an online order.
“Third-party delivery service company”, a corporation, partnership, sole proprietorship or other entity qualified to do business in the commonwealth that is engaged in facilitating same day delivery or pickup of food and beverages through a third-party delivery service platform for 20 or more separately owned and operated covered establishments.
“Third-party delivery service platform”, any online enabled application, software, website or system offered or utilized by a third-party delivery service company to facilitate the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from, covered establishments.
(b) Notwithstanding any general or special law to the contrary, no third-party delivery service company, from the effective date of SECTIONS XX-XX and for a period of 45 days after the termination of the COVID-19 emergency, shall charge a covered establishment a fee per online order for the use of its services that totals more than 15 per cent of the purchase price of the online order.
(c) Notwithstanding any general or special law to the contrary, from the effective date of SECTION XX-XX and for a period of 45 days after the termination of the COVID-19 emergency, the commissioner of revenue shall collect a fee from third-party delivery service companies equal to 5 per cent of the purchase price of each online order. Such fees shall be deposited to the Distressed Restaurant COVID-19 Relief Trust Fund established in section XX of Chapter 29 of the General Laws.
(d) SECTIONS XX-XX shall preempt, supersede or nullify any inconsistent, contrary or conflicting local law, ordinance, rule or regulation relating to third-party delivery service platforms and third-party delivery service companies fees, including with respect to any agreements with covered establishments using third-party delivery service companies.
(e) A violation of this section shall be an unfair and deceptive trade practice in violation of chapter 93A of the General Laws.
SECTION XX. Notwithstanding any general or special law to the contrary, upon the receipt by the commonwealth of federal funding that is eligible for use for the purposes of the grant program funded by the trust fund established by SECTION XX, the comptroller shall transfer the first $80,000,000 of such funding to the Distressed Restaurant COVID-19 Relief Trust Fund established in section 2GGGGG of Chapter 29 of the General Laws.
Budget Amendment ID: FY2021-S4-382
ECO 382
Third-Party Delivery Cost Containment for Restaurants
Ms. DiZoglio and Mr. O'Connor moved that the proposed new text be amended by adding the following section:-
SECTION XX. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Covered establishment”, a restaurant or other eating or drinking establishment offering same-day food or drink for sale in a single commercial transaction through any third-party delivery service platform, from 1 or more retail locations within the commonwealth.
“COVID-19 emergency”, the state of emergency declared by the governor on March 10, 2020, in order to address the outbreak of the 2019 novel coronavirus, also known as COVID-19.
“Customer”, an individual using a third-party delivery service platform to place an online order.
“Delivery fee,” a fee charged by a third-party delivery service for providing a covered establishment with a service that delivers food from such establishment to customers. The term does not include any other fee that may be charged by a third-party delivery service to a covered establishment, such as fees for listing or advertising the covered establishment on the third-party delivery service platform or fees related to processing the online order.
“Online order”, an order for food or drinks placed by a customer through a third-party delivery service platform provided by a third-party delivery service company for pickup or delivery in the commonwealth.
“Purchase price”, the menu price publicly offered on the third-party delivery service platform by a covered establishment. The purchase price shall not include any taxes, gratuities or other fees that may make up the total cost charged to the customer for an online order.
“Third-party delivery service company”, a corporation, partnership, sole proprietorship or other entity qualified to do business in the commonwealth that is engaged in facilitating same-day delivery or pickup of food and beverages through a third-party delivery service platform for 20 or more separately owned and operated covered establishments.
“Third-party delivery service platform”, any online enabled application, software, website or system offered or utilized by a third-party delivery service company to facilitate the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from, covered establishments.
(b) Notwithstanding any general or special law to the contrary, no third-party delivery service company, from the effective date of this section and for a period of 45 days after the termination of the COVID-19 emergency, shall charge a covered establishment a delivery fee per online order for the use of its services and fees other than a delivery fee that totals more than 15 per cent of the purchase price of the online order in the aggregate; provided, however, that no third-party delivery service company shall charge a covered establishment any fee or fees other than a delivery fee for the use of their services greater than 5 per cent of the purchase price of such online order.
(c) This section shall preempt, supersede or nullify any inconsistent, contrary or conflicting local law, ordinance, rule or regulation relating to third-party delivery service platforms and third-party delivery service companies fees, including with respect to any agreements with covered establishments using third-party delivery service companies.
(d) A violation of this section shall be an unfair and deceptive trade practice in violation of chapter 93A of the General Laws.
Budget Amendment ID: FY2021-S4-382-R1
Redraft ECO 382
Third-Party Delivery Cost Containment for Restaurants
Ms. DiZoglio and Mr. Eldridge moved that the proposed new text be amended by adding the following sections:-
SECTION XX. (a) As used in this section and the following section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Covered establishment”, a restaurant or other eating or drinking establishment offering same-day food or drink for sale in a single commercial transaction through any third-party delivery service platform, from 1 or more retail locations within the commonwealth.
“COVID-19 emergency”, the state of emergency declared by the governor on March 10, 2020, in order to address the outbreak of the 2019 novel coronavirus, also known as COVID-19.
“Customer”, an individual using a third-party delivery service platform to place an online order.
“Delivery fee,” a fee charged by a third-party delivery service for providing a covered establishment with a service that delivers food from such establishment to customers. The term does not include any other fee that may be charged by a third-party delivery service to a covered establishment, such as fees for listing or advertising the covered establishment on the third-party delivery service platform or fees related to processing the online order.
“Online order”, an order for food or drinks placed by a customer through a third-party delivery service platform provided by a third-party delivery service company for pickup or delivery in the commonwealth.
“Purchase price”, the menu price publicly offered on the third-party delivery service platform by a covered establishment. The purchase price shall not include any taxes, gratuities or other fees that may make up the total cost charged to the customer for an online order.
“Third-party delivery service company”, a corporation, partnership, sole proprietorship or other entity qualified to do business in the commonwealth that is engaged in facilitating same-day delivery or pickup of food and beverages through a third-party delivery service platform for 20 or more separately owned and operated covered establishments.
“Third-party delivery service platform”, any online enabled application, software, website or system offered or utilized by a third-party delivery service company to facilitate the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from, covered establishments.
(b) Notwithstanding any general or special law to the contrary, no third-party delivery service company, from the effective date of this section and for a period of 45 days after the termination of the COVID-19 emergency, shall charge a covered establishment a delivery fee per online order for the use of its services and fees other than a delivery fee that totals more than 15 per cent of the purchase price of the online order in the aggregate; provided, however, that no third-party delivery service company shall charge a covered establishment any fee or fees other than a delivery fee for the use of their services greater than 5 per cent of the purchase price of such online order.
(c) This section shall preempt, supersede or nullify any inconsistent, contrary or conflicting local law, ordinance, rule or regulation relating to third-party delivery service platforms and third-party delivery service companies fees, including with respect to any agreements with covered establishments using third-party delivery service companies.
(d) A violation of this section shall be an unfair and deceptive trade practice in violation of chapter 93A of the General Laws.
SECTION XX. A third-party delivery service company shall not arrange for the delivery of orders to customers from a covered establishment without first obtaining an agreement with the covered establishment expressly authorizing the third-party delivery service company to take online orders for menu items offered by the covered establishment via third-party delivery service platform and to deliver such orders to customers.
Budget Amendment ID: FY2021-S4-382-R2
2nd Redraft ECO 382
Third-Party Delivery Cost Containment for Restaurants
Ms. DiZoglio and Mr. Eldridge moved that the proposed new text be amended by adding the following sections:-
SECTION XX. (a) As used in this section and the following section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Covered establishment”, a restaurant or other eating or drinking establishment offering same-day food or drink for sale in a single commercial transaction through any third-party delivery service platform, from 1 or more retail locations within the commonwealth.
“COVID-19 emergency”, the state of emergency declared by the governor on March 10, 2020, in order to address the outbreak of the 2019 novel coronavirus, also known as COVID-19.
“Customer”, an individual using a third-party delivery service platform to place an online order.
“Delivery fee,” a fee charged by a third-party delivery service for providing a covered establishment with a service that delivers food from such establishment to customers. The term does not include any other fee that may be charged by a third-party delivery service to a covered establishment, such as fees for listing or advertising the covered establishment on the third-party delivery service platform or fees related to processing the online order.
“Online order”, an order for food or drinks placed by a customer through a third-party delivery service platform provided by a third-party delivery service company for pickup or delivery in the commonwealth.
“Purchase price”, the menu price publicly offered on the third-party delivery service platform by a covered establishment. The purchase price shall not include any taxes, gratuities or other fees that may make up the total cost charged to the customer for an online order.
“Third-party delivery service company”, a corporation, partnership, sole proprietorship or other entity qualified to do business in the commonwealth that is engaged in facilitating same-day delivery or pickup of food and beverages through a third-party delivery service platform for 20 or more separately owned and operated covered establishments.
“Third-party delivery service platform”, any online enabled application, software, website or system offered or utilized by a third-party delivery service company to facilitate the sale of food and beverages prepared by, and the same-day delivery or same-day pickup of food and beverages from, covered establishments.
(b) Notwithstanding any general or special law to the contrary, no third-party delivery service company, from the effective date of this section and for a period of 45 days after the termination of the COVID-19 emergency, shall charge a covered establishment a delivery fee per online order for the use of its services and fees other than a delivery fee that totals more than 15 per cent of the purchase price of the online order in the aggregate.
(c) This section shall preempt, supersede or nullify any inconsistent, contrary or conflicting local law, ordinance, rule or regulation relating to third-party delivery service platforms and third-party delivery service companies fees, including with respect to any agreements with covered establishments using third-party delivery service companies.
(d) A violation of this section shall be an unfair and deceptive trade practice in violation of chapter 93A of the General Laws.
SECTION XX. Notwithstanding any general or special law to the contrary, a third-party delivery service company shall not arrange for the delivery of orders to customers from a covered establishment without first obtaining an agreement with the covered establishment expressly authorizing the third-party delivery service company to take online orders for menu items offered by the covered establishment via third-party delivery service platform and to deliver such orders to customers.
SENATE . . . . . . . . . . . . . . No. 2959
Text of amendment (Senator DiZoglio) to the Senate Bill making appropriations for the fiscal year 2021 for the maintenance of the departments, boards, commissions, institutions and certain activities of the commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements (Senate, No. 4). |
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
_______________
by adding the following sections:-
SECTION XX. Section 57 of chapter 7 of the General Laws is hereby amended by adding the following paragraphs:-
In order to fulfill the commitment embodied in the foregoing policy, it is not sufficient that the state government see that all available services and programs are put to the best use. The state government has an affirmative duty to advance diversity and equity in all of its own rules, regulations and practices. In the near-term to address disruptions caused by the outbreak of the 2019 novel coronavirus, also known as COVID-19, the effects of the governor’s March 10, 2020, declaration of a state of emergency, and the disparate impact the foregoing have had on communities and workers of color and minority-owned businesses, and in the long-term to facilitate the commonwealth’s economic recovery and future growth and to promote equitable access to opportunity, it is therefore incorporated into the policy of the commonwealth that all agencies of the commonwealth, when procuring supplies or services via requests for proposals from private businesses, include diversity and inclusion plan requirements in all such requests and consider those plans alongside traditional criteria when evaluating bids. The weight given to diversity and inclusion plans when evaluating bids shall be determined by each agency of the commonwealth in collaboration with the executive office of housing and economic development, the executive office of labor and workforce development, the executive office for administration and finance, the commission against discrimination, the supplier diversity office established pursuant to section 58A, the vendor advisory team formed by the gaming commission, and the port authority. Agencies may seek guidance from the Massport Model in determining the weight to be given to diversity and inclusion plans when evaluating bids. For purposes of this section, “Massport Model” shall mean the bidder selection model implemented by the port authority which, in the port authority’s requests for proposals, requires bidders to incorporate diversity and inclusion plans into their bids, such plans to be considered alongside traditional criteria when evaluating bids and given a weight of 25%.
The secretary of each executive office is hereby authorized to promulgate regulations to assure the timely and effective implementation of this section.
This section shall only apply to requests for proposals proffered on or after the date of enactment.
SECTION XX. Chapter 7 of the General Laws is hereby amended by striking out sections 58 through 61, inclusive.
SECTION XX. Chapter 23A of the General Laws is hereby amended by inserting after section 68 the following sections:-
Section 69: Definitions applicable to Secs. 71 to 73
Section 69. As used in sections 71 to 73 of this chapter, the following words shall have the following meanings, unless a contrary intent is clearly indicated:—
“Certified business enterprise” and “certified business”, a business certified pursuant to section 73.
“Director”, the director of the supplier diversity office.
“Disadvantaged business enterprise”, a disadvantaged business enterprise as defined by the United States Department of Transportation in 49 C.F.R. § 26 et seq.
“Minority business enterprise” or “MBE”, for the purpose of receipt of services from SDO, a business enterprise that is both owned and controlled by 1 or more socially or economically disadvantaged persons who have invested in an ongoing business free of conversion rights. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not limited to, minority persons as defined in 425 CMR 2.02(1), or any successor regulation thereto. For purposes of section 73, the term “minority-owned business” shall have the same meaning as “minority business enterprise”.
“Office”, the supplier diversity office as established by section 70.
“SDO”, the supplier diversity office as designated by section 70. The office shall be the successor to the office of minority and women business assistance and the preceding supplier diversity office within the operational services division of the executive office for administration and finance.
“Unified certification program”, the program, whereby the supplier diversity office certifies disadvantaged business enterprises, as required by regulations of the United States Department of Transportation in 49 C.F.R. § 26 et seq.
“Veteran business enterprise” or “VBE”, for the purpose of receipt of services from SDO, a business enterprise that is both owned and controlled by 1 or more veterans, as defined in section 7 of chapter 4, who have invested in an ongoing business free of conversion rights. For purposes of section 73, the term “veteran-owned business” shall have the same meaning as “veteran business enterprise”.
“Women business enterprise” or “WBE”, for the purpose of receipt of services from SDO, a business enterprise that is both owned and controlled by 1 or more women who have invested in an ongoing business free of conversion rights. For purposes of section 73, the term “women-owned business” shall have the same meaning as “women business enterprise”.
Section 70: Supplier diversity office
Section 70. There shall be a supplier diversity office which shall be an agency within the executive office of housing and economic development.
Section 71: Director of supplier diversity office
Section 71. SDO shall have a director and such other specialists as may be authorized. The director shall have all necessary authority to effect the purposes of section 57 of chapter 7 and sections 69 to 73 of this chapter, inclusive, and shall have the authority to seek such funds, public or private, as may be available and needed to carry out the intent of those sections.
Section 72: Unified Certification Program Trust Fund
Section 72. (a) There shall be established a separate account to be known as the Unified Certification Program Trust Fund, in this section called the fund. The director shall expend funds, without further appropriation, exclusively for the operation of the unified certification program.
(b) Funds received from the federal government by the following state and regional authorities and municipal and regional airports, in this section collectively referred to as the participants, and any others that take part in the unified certification program, for the purpose of operating the unified certification program, shall be deposited in the fund: the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, the Berkshire Regional Transit Authority, the Brockton Area Transit Authority, the Cape Cod Regional Transit Authority, the Greater Attleboro-Taunton Regional Transit Authority, the Lowell Regional Transit Authority, the Merrimack Valley Regional Transit Authority, the Montachusett Regional Transit Authority, the Pioneer Valley Regional Transit Authority, the Southeastern Regional Transit Authority, the Worcester Regional Transit Authority, Barnstable Municipal Airport, Martha’s Vineyard Airport, Nantucket Memorial Airport and New Bedford Regional Airport. The methodology used in determining the allocation of payments due from each participant shall be determined pursuant to a formula, subject to modification from time to time, that is established by and between the Massachusetts Department of Transportation, the participants and the United States Department of Transportation, consistent with applicable federal laws and regulations.
Section 73: Powers and duties of supplier diversity office
Section 73. (a) SDO shall adopt regulations and policies for the establishment and management of the office’s certification process, including regulations and policies governing the streamlining, approval, denial or revocation of any such certification.
(b) SDO shall seek to develop and maintain a directory of certified minority, women and veteran businesses within the commonwealth, and shall, from time to time, notify such businesses of the programs and services available to them, whether from public or private sources, or from local, state or federal agencies. To the extent feasible, SDO shall separately categorize minority businesses pursuant to the categories specified in 425 CMR 2.02(1), or any successor regulation thereto, and shall separately track outcomes of programs and policies under this section with respect to such categories.
(c) SDO may establish its own programs and policies and seek from any official or agency of the commonwealth or its political subdivisions, information and assistance necessary to carry out its functions and duties; and all officials, agencies or political subdivisions of the commonwealth shall supply such information or assistance.
(d) SDO shall receive assistance from state agencies including, where consistent with existing law, commitments that such agencies do a minimum amount of contracting and subcontracting with minority or women or veteran businesses. SDO shall assist minority, women and veteran businesses in making use of any special programs which may be operated by the state or by various departments and agencies of the federal government.
(e) SDO shall coordinate its activities with those of other offices, and shall assist minority, women and veteran businesses in their dealings with federal agencies and with state departments and agencies. SDO shall also provide assistance to all cabinet secretaries and departments, in evaluating economic activities of their offices to determine how their offices may be of assistance in providing fair opportunities for minority, women and veteran businesses.
(f) SDO may work with lending institutions, insurance companies, and other private businesses in the commonwealth to encourage the formation of seed money for facilitating the starting-up and expansion of minority, women and veteran businesses. SDO may provide assistance to minority, women and veteran businesses in their efforts to obtain loan money and operating capital from private and public lenders.
(g) SDO may seek to increase the amount of financial assistance available to minority, women and veteran businesses from private financial institutions; and may, from time to time, sponsor conferences, workshops or other informational programs.
(h) SDO shall seek to encourage voluntary assistance programs by which nonminority, non-women and non-veteran business employees are loaned to minority, women and veteran businesses or by which minority, women and veteran business persons are taken into viable business ventures to acquire training and experience in managing business affairs.
(i) SDO may encourage state contract awarding authorities to seek to increase the incidence of joint ventures between nonminority state contractors and minority, women and veteran contractors, by specifically pointing out that such arrangements would constitute one method of partially meeting affirmative action requirements imposed upon both nonminority state contractors and the state. The director of affirmative action shall be kept informed of actions taken under this provision. SDO shall follow advertisements for construction work by public bodies in the commonwealth, shall notify minority, women and veteran general contractors and subcontractors of the bid opening dates for the approximate amount of the contract and subcontract work being bid, may assist them in securing bonds and in bidding for that construction work and shall initiate a program to help qualified minority persons, women and veterans to get started as small business firms in the construction field by helping to arrange joint ventures with qualified general contractors and subcontractors and by arranging for administrative and accounting assistance to help them carry out their subcontract and general contract obligations during the period of contract performance.
(i ½) SDO shall promulgate regulations to encourage and facilitate participation on public projects for service-disabled veteran-owned small businesses interested in and capable of providing construction and design services on public construction and design projects. For the purposes of this subsection, “service-disabled veteran-owned small business” shall mean a business that is verified by the federal government's Department of Veterans Affairs pursuant to the Veterans Benefits, Health Care, and Information Technology Act of 2006, Pub. L. 109–461, and determined to be a service-disabled veteran-owned small business concern in accordance with 38 CFR Part 74 and Pub. L. 111–275.
(i ¾) SDO shall, every 3 years and in consultation with the department of veterans’ services, establish goals for participation of service-disabled, veteran-owned business enterprises in all areas of state procurement contracting, including contracts for public construction, design services and commodities and service. In calculating such goals, the director shall base the determination on an understanding of the pool of service-disabled, veteran-owned business enterprises available for participation.
(j) SDO shall submit an annual report to the general court on the minority, women and veteran businesses which it assists, the type of services which it renders, the difficulties it encounters. The report may include recommendations for legislative or executive action.
(k) SDO shall, after notice and an opportunity to be heard, impose administrative penalties on an applicant for certification or recertification that knowingly provides false or misleading information on its application or in support of its application for certification or recertification as a minority- or women- or veteran-owned business, or on a person who fails to comply with any provision of any regulation or approval issued or adopted by the agency or of any law which the agency has the authority or responsibility to enforce.
(k ½)(1) SDO shall have oversight and enforcement authority over the performance of contracts awarded to nonminority state contractors who enter into joint ventures with minority or women or veteran contractors or subcontractors for the purpose of partially meeting affirmative action requirements imposed upon both nonminority state contractors and the state, with respect to the participation of such minority or women or veteran contractors or subcontractors in the performance of such contracts.
(2) SDO shall, after notice and an opportunity to be heard, have the authority to impose a minimum 5-year ban on awarding contracts to nonminority state contractors who enter into joint ventures with minority or women or veteran contractors or subcontractors for the purpose of partially meeting affirmative action requirements imposed upon both nonminority state contractors and the state but who, after being awarded such contract, willfully terminate such joint venture or willfully do not fulfill the requirements of such joint venture with respect to the participation of such minority or women or veteran contractors or subcontractors without being granted a waiver by the director pursuant to subsection (p), and such other administrative or financial penalties as the director may deem appropriate. The director of affirmative action shall be kept informed of actions taken under this provision.
(l) The director shall consult with the commissioner of capital asset management and maintenance on the establishment of an affirmative marketing program pursuant to section 6 of chapter 7C. The affirmative marketing program shall be established for the purpose of ensuring the fair participation of minority-owned and women-owned businesses on capital facility projects and state assisted building projects. The affirmative marketing program shall establish participation goals for minority-owned and women-owned business on capital facility projects and state assisted building projects. Participation goals for minority-owned business and women-owned business shall be based upon the broadest and most inclusive pool of available minority-owned businesses and women-owned businesses interested in and capable of performing construction work and design services on such capital facility projects and state assisted building projects. The director and the commissioner of capital asset management and maintenance shall meet on a quarterly basis to determine the status of implementation of the affirmative marketing program and what further steps both agencies deem necessary to achieve the purposes of section 6 of chapter 7C and this subsection. For purposes of this subsection, the terms “capital facility project” and “state assisted building project” shall have the same meanings as found in section 6 of chapter 7C.
(m) In connection with the affirmative marketing program established pursuant to section 6 of chapter 7C, SDO shall regularly review and, where necessary, modify its certification process to ensure that it operates effectively, and shall report annually to the secretary of the executive office of housing and economic development and the secretary of the executive office for administration and finance regarding these matters.
(n) SDO shall be responsible for the overall management, monitoring, and enforcement of the affirmative marketing program as it relates to minority-owned and women-owned business participation on state assisted building projects. The director may appoint a program director to assist in program development, coordination of program operations and compliance with program goals and objectives. The program director shall also have responsibility for monitoring compliance regarding minority-owned and women-owned business participation on state assisted building projects, addressing program violations and coordinating enforcement activities.
(o) The director shall develop a written procedure by which participation goals, for an individual state assisted building project, may be adjusted for minority-owned businesses, women-owned businesses or both; but, the adjustment shall be based upon the actual availability of minority-owned businesses and women-owned businesses, the geographic location of the project, the scope of work of the capital facility project or other relevant factors.
(p) The director shall develop a written waiver procedure by which, at any time before the award of a contract, it may be determined that compliance with the participation goals is not feasible and by which the participation goals on a state assisted building project may be reduced or waived. Waiver shall be granted only upon a showing that good faith efforts have been made to comply with the participation goals.
(q) The director and the commissioner of capital asset management and maintenance shall by March 15 of each year submit to the joint committee on state administration and regulatory oversight, the senate committee on ways and means, the house committee on ways and means, the clerk of the house, and the clerk of the senate a report on the performance of the affirmative marketing program for the preceding year. The report shall, at a minimum, show the name and address of each such minority-owned business and women-owned business, its designation as a minority-owned or women-owned business, the contract or subcontract price, a description of the work performed on the contract by class of work, and project type, and shall show separately the total number of contracts awarded to minority-owned and women-owned businesses as a percentage of the total number of contracts awarded and as a percentage of the total contract price.
(r) The director shall adopt regulations necessary to implement this subsection.
(s) The SDO shall, every 2 years and in consultation with the Massachusetts Office on Disability, establish goals for participation of individuals with disabilities in all areas of state procurement contracting. Participation goals may be met by contracting or subcontracting with businesses that hire, or identify and recruit with the intent to hire, qualified applicants with disabilities. SDO shall provide assistance to the executive offices in determining opportunities for contracting with businesses that hire persons with disabilities to meet the participation goal set forth in this paragraph, including contractors and subcontractors providing goods and services under multi-year contracts or grants funded by agencies within the executive offices.
SDO shall file an annual report with the clerks of the house of representatives and the senate on or before October 31 on the progress made toward meeting the participation goal set forth in this paragraph.
SECTION XX. Section 6 of chapter 30B of the General Laws is hereby amended by striking out subsection (b) and inserting the following subsection:-
(b) The chief procurement officer shall solicit proposals through a request for proposals. The request for proposals shall include:
(1) the time and date for receipt of proposals, the address of the office to which the proposals are to be delivered, the maximum time for proposal acceptance by the governmental body;
(2) the purchase description and all evaluation criteria that will be utilized pursuant to paragraph (e);
(3) a requirement for a diversity and inclusion plan which shall be considered alongside traditional criteria when evaluating bids; and
(4) all contractual terms and conditions applicable to the procurement provided that the contract may incorporate by reference a plan submitted by the selected offeror for providing the required supplies or services.
The request for proposals may incorporate documents by reference; provided, however, that the request for proposals specifies where prospective offerors may obtain the documents. The request for proposals shall provide for the separate submission of price, and shall indicate when and how the offerors shall submit the price. The chief procurement officer shall make copies of the request for proposals available to all persons on an equal basis.
(5) This subsection shall only apply to requests for proposals proffered on or after the date of enactment.
Budget Amendment ID: FY2021-S4-384
ECO 384
Microbusiness and Minority Business Strategy Commission
Ms. DiZoglio and Mr. O'Connor moved that the proposed new text be amended by adding the following sections:-
SECTION XX. For purposes of the following section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Microbusiness”, an enterprise which has its principal place of business in the commonwealth, is independently owned and operated, and (i) if a manufacturing firm, has 25 or fewer employees, or (ii) if a service, construction or non-manufacturing firm, has 25 or fewer employees and average annual gross receipts over the 3 previous years not exceeding $3,500,000, indexed for inflation.
“Minority business”, an enterprise which has its principal place of business in the commonwealth, is independently owned and operated, and at least 51% of which is owned and dominantly controlled by adult minority principals as defined in 425 CMR 2.02(1), or any successor regulation thereto.
SECTION XX. Chapter 23A of the General Laws is hereby amended by inserting after section 66 the following section:-
Section 66A: Microbusiness and minority business strategy commission; members; powers and duties; meetings; annual report
Section 66A. (a) There shall be a microbusiness and minority business strategy commission within, but not subject to the supervision or control of, the executive office of housing and economic development. The mission of the commission shall be to enhance the economic vitality of the commonwealth’s microbusinesses and minority businesses, recognizing the fundamental role that microbusinesses and minority businesses play in the economy and the contributions made by microbusinesses and minority businesses to the general welfare of the commonwealth.
(b) The commission shall consist of the following 18 members: the secretary of housing and economic development, ex officio, or a designee; the secretary of administration and finance, ex officio, or a designee; the chair of the commission against discrimination, ex officio, or a designee; the director of the supplier diversity office, ex officio, or a designee, and 14 persons appointed by the governor, 2 of whom shall be from each of the 7 regions of the commonwealth: the western region, the central region, the northeast region, the Merrimack Valley, the metro west region, the Greater Boston region, and the southeast region. Of those 14 appointees, at least 3 shall be microbusiness owners or representatives of microbusiness owners in underserved communities or communities with a high percentage of low-income households, at least 3 shall be minority business owners or representatives of minority business owners in underserved communities or communities with a high percentage of low-income households, and at least 3 shall be founders or organizers of platforms, pop-up markets, or other vendor collaboratives serving microbusinesses organized for similar purposes or committed to similar mission outcomes as, for example, CI Works, WeWork, and Top Knots CoWorking, and/or minority businesses organized for similar purposes or committed to similar mission outcomes for advancing equity based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, disability, or language as, for example, BLK+GRN, the e-commerce platform We Buy Black, and the Black-Owned Market. Commission members shall be persons with demonstrated interests and experience in advancing the interests of microbusinesses and/or minority businesses, and their owners. All persons appointed to the commission shall be selected without regard to political affiliation and solely on the basis of the qualifications and experience that the appointing authorities determine are necessary to fulfilling the mission of the commission, and shall as fully as possible represent a diverse and equitable array of stakeholders.
(c) Members of the commission may serve a maximum of 3 consecutive 3–year terms. A vacancy occurring on the commission shall be filled within 90 days by the original appointing authority. A person appointed to fill a vacancy shall serve initially only for the balance of the unexpired term. The commission shall annually elect from among its members a chair, a vice chair, and any other officers it considers necessary. The members of the commission shall receive no compensation for their services but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties. Members shall be considered special state employees for the purposes of chapter 268A. Each member of the commission shall be a resident of the commonwealth.
(d) The commission shall serve as a research body for issues critical to the welfare and vitality of the commonwealth’s microbusinesses and minority businesses and shall: (i) study, review and report on the status of microbusinesses and minority businesses in the commonwealth; (ii) advise the general court and the executive branch of the impact of existing and proposed state laws, policies and regulations on the commonwealth’s microbusinesses and minority businesses; (iii) advance legislative and policy solutions that address the needs of the commonwealth’s microbusinesses and minority businesses; (iv) advocate to ensure that the commonwealth’s microbusinesses and minority businesses receive a fair share of state investment; (v) work with lending institutions, insurance companies, and other private businesses in the commonwealth to encourage formation of seed money and microcredit opportunities for facilitating the starting up and upscaling of microbusinesses and minority businesses in their efforts to obtain loan money and operating capital from private and public lenders; (vi) promote collaboration among the commonwealth’s microbusinesses and minority businesses to improve efficiency in delivery of services and other cost efficiencies; and (vii) develop and support access to state resources for the commonwealth’s microbusinesses and minority businesses. The executive office shall provide the commission with adequate office space and any research, analysis or other staff support that the commission reasonably requires.
(e) The commission shall meet on a quarterly basis at the discretion of the chair. Meeting locations shall rotate between the 7 regions of the commonwealth identified in subsection (b). Meetings shall be open to the public pursuant to sections 18 to 25, inclusive, of chapter 30A.
(f) The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds for any of the purposes of this section. The funds shall be deposited in a separate account with the state treasurer, shall be received by the state treasurer on behalf of the commonwealth and shall be expended by the commission under the law.
(g) The commission shall annually, not later than June 2, report the results of its findings and activities of the preceding year and its recommendations to the governor and to the clerks of the senate and the house of representatives who shall forward the same to the joint committee on economic development and emerging technologies.
(h) Notwithstanding any general or special law, regulation, policy or procedure to the contrary, microbusinesses shall be exempt from the annual report fees imposed by the state secretary’s office, and minority businesses that qualify as microbusinesses shall be exempt from the diversity certification and third-party certification application fees imposed by the supplier diversity office. The state secretary is hereby authorized to promulgate regulations to assure the timely and effective implementation of this subsection.
Budget Amendment ID: FY2021-S4-385
ECO 385
Microbusiness and Small Business Regulatory Review
Ms. DiZoglio and Mr. Montigny moved that the proposed new text be amended by adding the following section:-
SECTION XX. Chapter 30A of the General Laws is hereby amended by striking out section 5A and inserting in place thereof the following section:-
Section 5A: Review of rules and regulations regarding economic impact on microbusinesses and small businesses
Section 5A. Existing rules and regulations shall be reviewed by each agency contemporaneously with the development of the written comprehensive economic development policy for the commonwealth and the strategic plan for implementing the policy during the first year of each new gubernatorial administration required pursuant to subsection (l) of section 16G of chapter 6A, which review shall be completed no later than June 30 of that year in order to inform said economic development policy, or 5 years from the date last reviewed, whichever occurs first, to ensure that those rules and regulations minimize economic impact on microbusinesses and small businesses in a manner consistent with the stated objectives of applicable statutes.
In reviewing a rule or regulation to minimize economic impact of the rule or regulation on microbusinesses and small businesses, the agency shall file a business impact statement which considers the following factors and any impact differentials between microbusinesses and small businesses that are not microbusinesses:
(1) the continuing need for the rule or regulation;
(2) the nature of complaints or comments received concerning the rule or regulation from the public;
(3) the complexity of the rule or regulation;
(4) the extent to which the rule or regulation overlaps, duplicates or conflicts with other federal, state and local governmental rules and regulations;
(5) the length of time since the rule or regulation has been enacted, changed, amended or modified; and
(6) the degree to which technology, economic conditions or other factors have changed in the subject areas affected by the rule or regulation.
Budget Amendment ID: FY2021-S4-386
ECO 386
Establishing One-Stop Shop Web Portal and Interactive Database for Small Business Assistance
Ms. DiZoglio, Messrs. O'Connor, Eldridge and Tarr moved that the proposed new text be amended by adding the following sections:-
SECTION XX. Chapter 9 of the General Laws is hereby amended by inserting after section 31 the following section:-
Section 32: MassMakers Portal
Section 32. (a) In the near-term to address disruptions caused by the outbreak of the 2019 novel coronavirus, also known as COVID-19, and the effects of the governor’s March 10, 2020, declaration of a state of emergency, and in the long-term to facilitate the commonwealth’s economic recovery and future growth, there is hereby established a one-stop shop interactive web portal to be known as the MassMakers Portal for prospective and established businesses in the commonwealth. The state secretary, the executive office for administration and finance, the executive offices of education, energy and environmental affairs, health and human services, housing and economic development, labor and workforce development, public safety and security, and technology services and security, and the department of revenue shall jointly develop and implement the MassMakers Portal, which shall serve as a single, unified entry point for prospective and established businesses to obtain local business information and execute all statutory and regulatory compliance tasks required by the commonwealth in connection with the creation, continuing operation, or upscaling of business.
(b) In order to develop and implement the MassMakers Portal, the agencies identified in subsection (a) shall assemble a task force which shall consist of the state secretary, ex officio, or a designee, the secretaries of administration and finance, education, energy and environmental affairs, health and human services, housing and economic development, labor and workforce development, public safety and security, and technology services and security, ex officio, or their designees, the commissioner of revenue, ex officio, or a designee; 7 persons appointed by the attorney general, 1 of whom shall be from each of the 7 regions of the commonwealth: the western region, the central region, the northeast region, the Merrimack Valley, the metro west region, the Greater Boston region, and the southeast region; and 7 persons appointed by the governor, 1 of whom shall be from each of the 7 identified regions of the commonwealth. The governor, attorney general, state treasurer, and co-chairs of the task force shall have the discretion to appoint other members to the task force by majority vote. Persons appointed to the task force shall be members or representatives of the business community, including entrepreneurs, microbusiness owners, minority business owners and small business owners, and/or have demonstrated interests and experience in state agency processes, business regulations, web portal design and implementation, and/or other qualifications and experience that the appointing authorities determine are necessary to fulfilling the mission of the task force. Members shall be selected without regard to political affiliation, shall as fully as possible represent a diverse and equitable array of stakeholders, and shall serve without compensation. The state secretary, or a designee from among the members of the task force, and the secretary of housing and economic development, or a designee from among the members of the task force, shall serve as co-chairs.
(c) The task force shall perform a needs and cost assessment and may, subject to appropriation and the laws and regulations pertaining to the employment of consultants, employ such consultants as the task force deems necessary to assist in the execution of said assessment. Said assessment shall be completed and the results thereof shall be presented to the governor and the general court by March 1, 2021, to inform the budget of the next legislative session. The assessment shall include, but not be limited to, the following:
(1) recommendations on the location, design, functionality and scope of services of the MassMakers Portal, which at a minimum shall include:
(i) online account services through which businesses can monitor deadlines for submission of forms, documents and payments, as well as compliance status and standing with each state agency;
(ii) electronic applications for licenses and renewals thereof;
(iii) electronic payment options for fees and taxes incident to the creation, continuing operation or upscaling of business;
(iv) compliance alerts in connection with new or revised state statutes, regulations and procedures;
(v) toolkits and video tutorials on all aspects of starting a business in the commonwealth, operating a business, upscaling a business, completing forms and complying with state statutory and regulatory requirements in connection therewith;
(vi) Supply Mass/Buy Mass information, and coordination with Supply Mass/Buy Mass online services;
(vii) Mass Main Streets information, and coordination with Mass Main Streets online services; and
(viii) technical assistance resources;
(2) an estimate of the costs of full implementation of the MassMakers Portal, including, but not limited to, those associated with technology, infrastructure, operations and maintenance, sharing and coordination of agency data, and security;
(3) recommendations for and an estimate of the costs of establishing and maintaining a help center staffed with persons trained to answer questions and assist with navigation of the MassMakers Portal;
(4) recommendations on the time-line for designing, developing and testing the MassMakers Portal, which at the latest shall have its first testing phase for the state secretary’s office to process new business registrations and associated fee payments by December 31, 2021, and shall have its second testing phase to submit tax payments with the department of revenue by December 31, 2022;
(5) recommendations as to the roles of the agencies identified in subsection (a) regarding ongoing operational management of the MassMakers Portal;
(6) a comprehensive analysis of the processes of all state agencies with respect to the creation, continued operation or upscaling of businesses located in the commonwealth, with a goal of simplifying and streamlining regulatory tasks and forms required by said agencies and strengthening the delivery of services provided by said agencies to entrepreneurs, microbusinesses, small businesses, and other businesses in the commonwealth;
(7) identification of any state statutory, regulatory or procedural changes that need to be made to effectuate the functionality of the MassMakers Portal;
(8) identification of existing entrepreneurial, microbusiness, small business, and other business assets, resources, web content and functions provided by state agencies to coordinate and incorporate such assets, resources, web content and functions into the MassMakers Portal;
(9) identification of potential impediments to functionality posed by federal law, if any, and recommendations for work-arounds or solutions to such impediments;
(10) the impact of prioritizing microbusiness applications and account services; and
(11) recommendations on potential incentives to encourage municipalities or regional planning authorities to create local portals for similar purposes or committed to similar mission outcomes as the MassMakers Portal, with the option of linking to or being incorporated into the MassMakers Portal.
(d) The task force may, subject to appropriation, appoint and may remove all such employees as may be necessary to carry out the work of designing and implementing the MassMakers Portal based on the results of the needs and cost assessment. Unless otherwise provided by law, all such appointments and removals of employees shall be made under chapter 31.
(e) The state secretary shall hold as a separate fund and may expend such sums as may be appropriated for the MassMakers Portal by the general court, and may accept gifts, donations, grants or bequests or any federal funds for any of the purposes set forth in this section, which shall be credited to the fund. All available money in the fund that is unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure by the task force in the subsequent fiscal year.
(f) The state secretary is hereby authorized to promulgate regulations to assure the timely and effective implementation of this section.
SECTION XX. Chapter 23A of the General Laws is hereby amended by striking out section 10A and inserting the following section:-
Section 10A: Supply Mass/Buy Mass; MassMade
Section 10A. (a) In the near-term to address disruptions caused by the outbreak of the 2019 novel coronavirus, also known as COVID-19, and the effects of the governor’s March 10, 2020, declaration of a state of emergency, and in the long-term for the commonwealth to execute on its responsibility of facilitating expansion of the local economy, MOBD shall establish a program to be known as Supply Mass/Buy Mass for the purpose of connecting local suppliers with local purchasers, whether public or private, institutional, commercial or individual. In implementing said program, MOBD shall:
(1) establish requirements for local suppliers to register as MassMade businesses with Supply Mass/Buy Mass;
(2) design and implement a Supply Mass/Buy Mass interactive web portal through which local suppliers can register as MassMade businesses and create MassMade business profiles with industry-specific information;
(3) assemble a searchable database of MassMade businesses through the portal by industry, raw materials produced or products or goods manufactured, and other identifying characteristics, with specific search features independently tailored toward local institutional purchasers, commercial purchasers, and individual purchasers;
(4) develop toolkits and training videos available through the portal to guide MassMade businesses to better understand the needs and procurement processes of local institutional and commercial purchasers;
(5) enable local institutional and commercial purchasers to issue requests for proposals through the portal and MassMade businesses to respond to such requests through the portal;
(6) promote live networking events through the portal to connect MassMade businesses with local institutional and commercial purchasers;
(7) determine those raw materials, products or goods needed by local institutional and commercial purchasers currently purchased outside the commonwealth or from foreign countries, especially raw materials, products or goods required for the first time; inquire whether other local institutional or commercial purchasers are in need of such raw materials, products or goods; assess whether any MassMade businesses are capable of producing or manufacturing the needed raw materials, products or goods with additional capital or retooling;
(8) coordinate and connect the portal with the MassMakers Portal;
(9) identify other obstacles to conducting business in the commonwealth and advance resources through the portal to address those obstacles to the extent possible;
(10) promote public-private partnerships;
(11) develop, evaluate and recommend policies, initiatives and incentives to prevent consumer flight from local suppliers in the cities and towns of the Merrimack Valley and other border municipalities to suppliers in New Hampshire or other tax advantaged states or from other sources; and
(12) undertake any other activities necessary to implement the purposes of this section.
Dedicated effort shall be made to encourage diversity and advance equity based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, disability, and language in implementing Supply Mass/Buy Mass.
(b) MOBD may consult with and seek input from interested stakeholders and shall work with entities including MassMade businesses, regional economic development organizations, microbusiness and small business associations, chambers of commerce, the supplier diversity office, the Massachusetts marketing partnership and the office of consumer affairs and business regulations in order to collect and provide business and product information related to MassMade businesses. All Supply Mass/Buy Mass information shall be readily accessible and free to the public.
(c) MOBD shall hold as a separate fund and may expend such sums as may be appropriated for Supply Mass/Buy Mass by the general court, and may accept gifts, donations, grants or bequests or any federal funds for any of the purposes set forth in this section, which shall be credited to the fund. All available money in the fund that is unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure by MOBD for Supply Mass/Buy Mass in the subsequent fiscal year.
(d) MOBD is hereby authorized to promulgate regulations to assure the timely and effective implementation of this section.
Budget Amendment ID: FY2021-S4-386-R1
Redraft ECO 386
Establishing One-Stop Shop Web Portal and Interactive Database for Small Business Assistance
Ms. DiZoglio, Messrs. O'Connor, Eldridge, Tarr and Tran moved that the proposed new text be amended by inserting in section 2, in item 7004-2020, by adding the following words:
“; and provided further, that not less than $1,000,000 shall be made available for the purpose of grants to nascent businesses negatively impacted by the 2019 novel coronavirus or the commonwealth’s March 10, 2020 public health emergency declaration; provided further, that the corporation shall prioritize demographic equity in awarding said grants; provided further, that said grants shall be available for, but not limited to: (i) loss of revenue; (ii) unexpected expenses, such as expenses incurred to meet general business reopening guidelines and sector-specific 2019 novel coronavirus safety standards; or (iii) loss of contributions, grants, or other financial assistance as a result of the 2019 novel coronavirus.”; and
by inserting after section 14 the following section:-
“SECTION 14A. Chapter 23A of the General Laws is hereby amended by inserting after section 10A the following section:-
Section 10A½. (a) For the purposes of this section, “MassMade business” shall mean an entity that: (i) produces a consumer good, including, but not limited to, food and beverage products in the commonwealth; (ii) is authorized to do business in the commonwealth; (iii) possesses a certificate of good standing from the department of revenue; and (iv) is registered under the Supply and Buy Mass program.
(b) The Massachusetts office of business development shall establish a Supply and Buy Mass program. The program shall: (i) identify, connect and support businesses that produce consumer goods in the commonwealth; (ii) identify obstacles to conducting business in the commonwealth; and (iii) act as a resource to connect local suppliers and purchasers. The Massachusetts office of business development may consult with and seek input from interested stakeholders, including, but not limited to, businesses, regional economic development organizations, small business associations, chambers of commerce, the supplier diversity office, the Massachusetts marketing partnership and the office of consumer affairs and business regulation, to collect and provide business and product information related to MassMade businesses. All program information shall be readily accessible and free to the public.
(c) The Massachusetts office of business development shall, subject to appropriation: (i) establish requirements for a local supplier to register as MassMade business under the Supply and Buy Mass program; (ii) design and implement a Supply and Buy Mass program interactive web portal known as the MassMakers portal through which a local supplier can register as a MassMade business and create MassMade business profiles with industry-specific information; (iii) assemble a searchable database of MassMade businesses through the MassMakers portal by industry, raw materials produced, products or goods manufactured or other identifying characteristics; (iv) develop toolkits and training videos available through the MassMakers portal to guide MassMade businesses through the procurement processes of local institutional and commercial purchasers; (v) enable local institutional and commercial purchasers to issue requests for proposals through the MassMakers portal and MassMade businesses to respond to such requests through the portal; (vi) promote live networking events through the MassMakers portal to connect MassMade businesses with local institutional and commercial purchasers; (vii) assist in connecting local institutional and commercial purchasers that need raw materials, products or goods with other local institutional or commercial purchasers that are also in need of such raw materials, products or goods and assess whether any MassMade businesses are capable of producing or manufacturing the needed raw materials, products or goods with additional capital or financial retooling; (viii) identify obstacles to conducting business in the commonwealth and advance resources to address those obstacles to the extent possible; (ix) promote public-private partnerships; and (x) develop, evaluate and recommend policies, initiatives and incentives to prevent consumer flight from local suppliers to suppliers in other states.
(d) The Massachusetts office of business development may expend such funds as may be necessary for the Supply and Buy Mass program and as may be appropriated for the program. The Massachusetts office of business development may accept federal funds or private gifts and grants to assist in carrying out this section.
(e) The Massachusetts office of business development may promulgate regulations necessary for the administration of this section.”; and
by inserting after section 16 the following 2 sections:-
“SECTION 16A. Section 1 of chapter 30A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after clause (2) the following clause:-
(2A) “Microbusiness”, an enterprise that: (i) has its principal place of business in the commonwealth; (ii) is independently owned and operated; and if a: (A) manufacturing firm, has not more than 25 employees; or (B) service, construction or non-manufacturing firm, has not more than 25 employees and average annual gross receipts over the 3 previous years not exceeding $3,500,000, indexed for inflation.
SECTION 16B. Section 5A of said chapter 30A, as so appearing, is hereby amended by striking out, in lines 4 to 8, inclusive, the words “small businesses in a manner consistent with the stated objectives of applicable statutes. In reviewing a rule or regulation to minimize economic impact of the rule or regulation on small businesses, the agency shall file a small business” and inserting in place thereof the following words:- small businesses and microbusinesses in a manner consistent with the stated objectives of applicable statutes; provided, however rules and regulations shall be reviewed at least once every 8 years for microbusinesses. In reviewing a rule or regulation to minimize economic impact of the rule or regulation on small businesses and microbusinesses, the agency shall file a small business or microbusiness”; and
by inserting after section 40 the following 2 sections:-
“SECTION 40A. (a) There shall be a commission to conduct a review and analysis of current efforts to address disruptions to businesses in downtowns and commercial districts caused by the outbreak of the 2019 novel coronavirus, also known as COVID-19, and the effects of the governor’s March 10, 2020 declaration of a state of emergency. The commission shall consist of: 1 representative from the Massachusetts cultural council; 1 representative from the Massachusetts historical commission; 1 representative from the Community Economic Development Assistance Corporation; 1 representative from Boston Main Streets Foundation; the executive director each of the following regional planning agencies, or their designees, Berkshire Regional Planning Commission, Boston Region Metropolitan Planning Organization, Cape Cod Commission, Central Massachusetts Regional Planning Commission, Franklin Regional Council of Governments, Martha’s Vineyard Commission, Merrimack Valley Planning Commission, Metropolitan Area Planning Council, Montachusett Regional Planning Commission, Nantucket Planning and Economic Development Commission, Northern Middlesex Council of Governments, Old Colony Planning Council, Pioneer Valley Planning Commission and Southeastern Regional Planning and Economic Development District; and 5 persons appointed by the governor, representing diverse geographic regions of the commonwealth who shall have demonstrated interests and experience in advancing the cultural, historical or economic vitality of downtowns and commercial districts of the commonwealth’s municipalities.
(b) The review and analysis shall include an assessment of the feasibility and advisability of establishing an office of Massachusetts main streets to: (i) protect, coordinate, promote and revitalize downtowns and commercial districts; (ii) advance economic and community development within the context of historic preservation; (iii) advocate for public-private partnerships to ensure continuing progress and enduring success by providing strategic, organizational, informational, marketing and technical assistance and resources cities and towns and to public and private entities organized for similar purposes or committed to similar mission outcomes; and (iv) encourage diversity and promote equity based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, disability and language.
(c) The commission shall file a report of its findings and recommendations with the clerks of the senate and house of representatives, the joint committee on community development and small businesses, the joint committee on economic development and emerging technologies and the senate and house committees on ways and means not later than July 1, 2021.
SECTION 14B. In order to address disruptions caused by the outbreak of the 2019 novel coronavirus, also known as COVID-19, and the effects of the governor’s March 10, 2020 declaration of a state of emergency, the governor shall issue a proclamation setting apart the first Saturday and Sunday following Thanksgiving Day in calendar year 2021 as Small Business Saturday and Sunday in recognition and to promote awareness of the vital role that local businesses play in the economy and general welfare of the commonwealth.”.
Budget Amendment ID: FY2021-S4-387
ECO 387
Establishing a Massachusetts Main Streets Office
Ms. DiZoglio, Messrs. O'Connor and Eldridge moved that the proposed new text be amended by adding the following section:-
SECTION XX. Chapter 23A of the General Laws is hereby amended by inserting after section 13 the following section:-
Section 13 ½: Mass Main Streets; executive director; function; employees; advisory commission; gifts and grants; trust fund
Section 13 ½. (a) In the near-term to address disruptions caused by the outbreak of the 2019 novel coronavirus, also known as COVID-19, and the effects of the governor’s March 10, 2020, declaration of a state of emergency, and in the long-term to facilitate the commonwealth’s economic recovery and future growth, there shall be within MOBD an office of Massachusetts main streets to be known as Mass Main Streets, in this section referred to as MMS, which shall be under the supervision and control of an executive director. The powers and duties given to the executive director of MMS in this section and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of MOBD.
(b)(1) The executive director of MMS shall be appointed by the governor, and serve at the pleasure of the governor. The position of executive director of MMS shall be classified under section 45 of chapter 30 and the executive director of MMS shall devote full time during business hours to the duties of MMS.
(2) The executive director of MMS shall be the executive and administrative head of MMS and shall be responsible for administering and enforcing the laws relative to MMS, any administrative unit of MMS, and the policies, programs and initiatives enacted to fulfill the mission of MMS pursuant to this section. Powers and duties given to an administrative unit of MMS by a general or special law shall be exercised subject to the direction, control and supervision of the executive director of MMS.
(c) MMS shall serve as the principal agency for protecting, coordinating, promoting and revitalizing downtowns and commercial districts of the commonwealth’s cities and towns, advancing economic and community development within the context of historic preservation, and advocating public-private partnerships to ensure continuing progress and enduring success, by providing strategic, organizational, informational, marketing and technical assistance and resources to the commonwealth’s cities and towns and to public and private entities organized for similar purposes or committed to similar mission outcomes. Dedicated effort shall be made to encourage diversity and advance equity based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, disability, and language in any recommendations, policies, programs and initiatives developed to fulfill the mission of MMS pursuant to this section.
(d) The executive director of MMS may, subject to appropriation and with the approval of MOBD, appoint and may, with like approval, remove all such employees as may be necessary to carry out the work of MMS. Unless otherwise provided by law, all such appointments and removals shall be made under chapter 31. The executive director may, subject to appropriation and the laws and regulations pertaining to the employment of consultants, employ such consultants as the executive director may deem necessary.
(e)(1) MMS shall establish an advisory commission to develop budget recommendations and strategies for the development of policies, programs and initiatives to fulfill the mission of MMS pursuant to this section, including, but not limited to, the design and implementation of an MMS interactive web portal, coordination of such portal with the MassMakers Portal, and qualification of MMS for Main Street America Certification in order to be eligible for programs, tools and resources provided by Main Street America. The executive director of MMS shall convene the advisory commission quarterly. The advisory commission shall annually report its recommendations to MOBD not later than November 1. The advisory commission shall annually file its recommendations with the clerks of the senate and house of representatives not later than November 1. The membership of the commission shall annually elect a chairperson.
(2) The advisory commission shall have 32 members: 1 representative from the Massachusetts cultural council; 1 representative from the Massachusetts historical commission; 1 representative from the community economic development assistance corporation; 1 representative from Boston Main Streets Foundation; the executive director or the executor director’s designee of each of the commonwealth’s 14 regional planning agencies: Berkshire Regional Planning Commission, Boston Region Metropolitan Planning Organization, Cape Cod Commission, Central Massachusetts Regional Planning Commission, Franklin Regional Council of Governments, Martha’s Vineyard Commission, Merrimack Valley Planning Commission, Metropolitan Area Planning Council, Montachusett Regional Planning Commission, Nantucket Planning and Economic Development Commission, Northern Middlesex Council of Governments, Old Colony Planning Council, Pioneer Valley Planning Commission, and Southeastern Regional Planning and Economic Development District; and 14 persons appointed by the governor, 2 of whom shall be from each of the 7 regions of the commonwealth: the western region, the central region, the northeast region, the Merrimack Valley, the metro west region, the Greater Boston region, and the southeast region. Commission members shall be persons with demonstrated interests and experience in advancing the cultural, historical and/or economic vitality of downtowns and commercial districts of the commonwealth’s cities and towns. All persons appointed to the commission shall be selected without regard to political affiliation and solely on the basis of the qualifications and experience that the appointing authorities determine are necessary to fulfilling the mission of the commission, and shall as fully as possible represent a diverse and equitable array of stakeholders. Each member appointed by the governor shall serve at the pleasure of the governor.
(3) The members of the commission shall receive no compensation for their services but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties. This commission shall annually, not later than November 1, make a report to the executive director and the secretary of housing and economic development, and may make such special reports as the commission or the executive director of MMS may deem desirable.
(f) MMS may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds for any of the purposes set forth in this section, which shall be credited to the Mass Main Streets Trust Fund established pursuant to subsection (g).
(g)(1) There shall be a Mass Main Streets Trust Fund which shall be administered by MOBD as custodian for MMS and held by MOBD separate and apart from its other funds. There shall be credited to the fund such sums received pursuant to subsection (f) and such sums as may be appropriated for MMS by the general court.
(2) All available money in the fund that is unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure by MMS in the subsequent fiscal year.
(3) MMS shall submit an annual report to MOBD, the clerks of the senate and house of representatives and the joint committee on community development and small businesses not later than December 31 on the cost-effectiveness of the fund. The report shall be made available on the MMS website. The report shall include: (i) expenditures made by MMS from money out of the fund to promote the revitalization of downtowns and commercial districts of the commonwealth’s cities and towns and to otherwise fulfill the mission of MMS pursuant to this section; and (ii) expenditures made by MMS for administrative costs.
Budget Amendment ID: FY2021-S4-388
ECO 388
Preventing COVID Evictions
Ms. Jehlen, Ms. Rausch, Ms. Comerford, Messrs. Eldridge, Lesser and Collins, Ms. Chang-Diaz, Messrs. Boncore and Feeney moved that the proposed new text be amended by striking out Section 48 in its entirety and replacing it with the following:
“SECTION 48. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“COVID-19 emergency”, the state of emergency concerning the novel coronavirus disease outbreak declared by the governor on March 10, 2020.
“Short-term emergency rental assistance”, temporary financial assistance provided to a residential tenant to prevent an eviction or homelessness under the residential assistance for families in transition program, the emergency rental and mortgage assistance program or any other program established or modified as a result of the COVID-19 emergency, intended to cure rent arrearage or provide financial assistance for moving cost assistance, including the payment of a security deposit, and administered by a nonprofit entity or any government entity, including, but not limited to, the department of housing and community development, any city or town, the federal Department of Housing and Urban Development, or any other federal agency.
(b) Notwithstanding chapter 239 of the General Laws or any other general or special law the contrary, a court having jurisdiction over an action for summary process under said chapter 239, including the Boston municipal court department, shall grant a continuance if: (i) the plaintiff’s complaint is based upon or includes any claim for rent or use and occupancy due and payable during the period from the onset of the COVID-19 emergency until 12 months after the date the COVID-19 emergency ends; (ii) it is likely that the tenant’s non-payment of rent or use and occupancy was due to a financial hardship directly or indirectly related to or exacerbated by the COVID-19 emergency; and (iii) the defendant demonstrates at least one application for short-term emergency rental assistance has been submitted to the relevant administering agency. Any continuance granted pursuant to this paragraph must be at least for the time required for the application for short-term rental assistance to be approved or denied, and the court shall not enter a judgment, issue an execution, or issue any order for interim payment of rent or use and occupancy, while such application or applications remain pending. Where a tenant’s application for short-term emergency rental assistance is approved, and the assistance covers rental arrears then due, the court shall further continue the case until the payment for such rental arrears is received by the plaintiff, at which time the court shall dismiss the plaintiff’s claims.
(c) Notwithstanding chapter 239 of the General Laws or any other general or special law the contrary, in any action for summary process under said chapter 239 where the tenant is eligible for or has been granted a continuance as provided at subsection (b), it shall be a complete defense to the claim for possession that the tenant’s nonpayment of rent or use and occupancy was due to a financial hardship directly or indirectly related to or exacerbated by the COVID-19 emergency. Any unpaid rent and/or use and occupancy determined to be subject to the defense described in this section shall not be counted as part of “the amount due to the landlord” in determining any judgment for possession entered after trial pursuant to the fifth paragraph of Section 8A of Chapter 239, or recovered in any summary process proceeding under Chapter 239.
(d) Notwithstanding chapter 239 of the General Laws or any other general or special law the contrary, in any action for summary process under said chapter 239 where the court has found after hearing that the tenant is eligible for a continuance as provided at subsection (b), it must also find at any trial on the merits that the tenant has established the defense to possession provided by subsection (c), unless the landlord demonstrates that the tenant 1) did not apply for all forms of short-term rental assistance for which they were eligible prior to the expiration of the continuance period; or 2) the tenant has been denied short-term rental assistance for failure to complete or cooperate with the application process or due to a determination that the arrears were not related to or exacerbated by the COVID-19 emergency.
(e) Notwithstanding any general or special law to the contrary, not later than the fifteenth day of each month during the COVID-19 emergency, the executive office of the trial court shall submit a report for the previous month to the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on housing and the joint committee on the judiciary that shall include, but not be limited to: (i) the number of continuances granted due to pending applications for short-term emergency rental assistance pursuant to subsection (b); (ii) the number of continuances granted that resulted in the dismissal of the plaintiff’s claims under said subsection (b); (iii) the average length of a continuance granted under said subsection (b); (iv) the number of stays requested, granted or denied pursuant to sections 9 and 10 of chapter 239 of the General Laws; and (v) any other relevant information as the trial court may decide.”
Budget Amendment ID: FY2021-S4-389
ECO 389
Ensuring Access To All Forms of Rental Assistance
Ms. Jehlen, Ms. Rausch, Mr. Eldridge, Ms. Comerford and Ms. Chang-Diaz moved that the proposed new text be amended by striking, in section 48, lines 5-10, and replacing them with the following language: -
“Short-term emergency rental assistance”, temporary financial assistance provided to a residential tenant to prevent an eviction or homelessness under the residential assistance for families in transition program, the emergency rental and mortgage assistance program or any other program established or modified as a result of the COVID-19 emergency, intended to cure rent arrearage or provide financial assistance for moving cost assistance, including the payment of a security deposit, and administered by a nonprofit entity or any government entity, including, but not limited to, the department of housing and community development, any city or town, the federal Department of Housing and Urban Development, or any other federal agency.”
Budget Amendment ID: FY2021-S4-389-R1
Redraft ECO 389
Ensuring Access To All Forms of Rental Assistance
Ms. Jehlen, Ms. Rausch, Mr. Eldridge, Ms. Comerford and Ms. Chang-Diaz moved that the proposed new text be amended in section 48, by inserting after the word “development,” in line 9, the following words:- “, a municipality or a nonprofit entity administering such program, using public funds, on behalf of the department, a municipality or a federal agency”; and in said section 48, by striking out, in lines 18 and 19, the words “administered by the department of housing and community development that has been submitted to a regional administering agency”.
Budget Amendment ID: FY2021-S4-390
ECO 390
Community College Workforce Training Incentive Grant Program
Messrs. Lesser, Moore, O'Connor, Brady and Velis and Ms. Moran moved that the proposed new text be amended in section 2, in item 7066-0015, by striking out the figure “$1,450,000” and inserting in place thereof the following figure:- “$1,750,000”.
Budget Amendment ID: FY2021-S4-391
ECO 391
Urban League of Springfield and Eastern Massachusetts
Mr. Lesser moved that the proposed new text be amended in section 2, in item 7003-0100, by adding the following words:- “; provided further, that $800,000 shall be expended equally for the Urban League of Springfield Massachusetts, Inc. and the Urban League of Eastern Massachusetts, Inc.”; and by striking out the figure “$792,620” and inserting in place thereof the following figure:- “$1,592,620”.
Budget Amendment ID: FY2021-S4-392
ECO 392
Forest Park Zoo
Mr. Lesser moved that the proposed new text be amended in section 2, in item 1599-1233, by adding the following words:- “; provided further, that not less than $125,000 shall be expended for the operation of the Zoo in Forest Park and Education Center in the city of Springfield, including needs resulting from impacts of the COVID-19 pandemic”; and by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$225,000”.
Budget Amendment ID: FY2021-S4-393
ECO 393
MRVP Rent Cap
Messrs. Eldridge, Crighton, Moore and Welch, Ms. Chang-Diaz, Mr. Keenan and Ms. Jehlen moved that the proposed new text be amended in section 2, in item 7004-9024, by striking the following words:- “ that notwithstanding any general or special law to the contrary, each household holding a voucher shall pay at least 30 per cent, but not more than 40 per cent, of its income as rent;” and inserting in place thereof the following words:- "that notwithstanding any general or special law to the contrary, each household holding a voucher shall not pay for rent more than 30 per cent of the monthly adjusted net income of the household; except that households receiving tenant-based assistance under this section may pay more than 30 per cent of the monthly adjusted net income of the household, at their option, in excess of the payment standard for the voucher, provided that this amount may not exceed 40 per cent of the monthly adjusted net income of the household in the first year of occupancy; provided further that the department shall adjust household rent for those paying separately for utilities"
Budget Amendment ID: FY2021-S4-394
ECO 394
Adjustments to the Residential Assistance for Families in Transition Program During COVID-19
Mr. Crighton, Ms. Gobi, Messrs. Eldridge, Kennedy, Keenan, Brady, Moore, Welch, Collins and Timilty, Ms. Rausch, Mr. Lesser, Ms. Jehlen, Mr. Velis, Ms. Comerford, Ms. Moran, Ms. Chang-Diaz and Mr. Tarr moved that the proposed new text be amended in section 2, by adding at the end thereof the following words:- “; provided further that a household upon demonstrated need, due to COVID-19, of rental arrearage or inability to pay future rent shall be awarded the maximum amount needed, up to $10,000; provided further that for the purposes of verifying applicant income, the department shall accept verification in the form 1 piece of documentation per income source or state-government third-party verification at the discretion of the regional administering agency and may accept a personal narrative attested under the pains and penalties of law and requirement of paying back any EDI funds expended; provided further, that in COVID-19 related cases the department shall allow funds to secure as many months in arrearages and future months of tenancy as the benefit level will cover, or preserve the tenancy for no more than 8 months from the time of benefit award and hold the arrearages harmless until after the last month of stipends is paid”.
Budget Amendment ID: FY2021-S4-395
ECO 395
Protecting Our Restaurants
Ms. Jehlen, Messrs. Eldridge and Tarr moved that the proposed new text be amended by inserting the following new section:-
SECTION XX. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Covered establishment”, a restaurant or other eating or drinking establishment offering same-day food or drink for sale in a single commercial transaction through any third-party delivery service platform, from 1 or more retail locations within the commonwealth.
“Third-party delivery service company”, a corporation, partnership, sole proprietorship or other entity qualified to do business in the commonwealth that is engaged in facilitating same-day delivery or pickup of food and beverages through a third-party delivery service platform for 20 or more separately owned and operated covered establishments.
(b) (1) A third-party delivery service company shall not use a likeness, trademark, or other intellectual property belonging to a covered establishment without obtaining written consent from said establishment to use the likeness, trademark, or other intellectual property. Written consent under this subsection must be reflected in a valid agreement.
(2) To enter into a valid agreement under this section, the third-party delivery service must be registered to do business in this state.
(3) An agreement under this section must not require the covered establishment to indemnify the third-party delivery service, an independent contractor acting on behalf of the third-party delivery service, or a registered agent of the third-party delivery service for damages or harm that may occur after a product leaves the said establishment’s place of business. A provision of an agreement that is contrary to this section is void and unenforceable.
Budget Amendment ID: FY2021-S4-396
ECO 396
Eviction Diversion Initiative Reporting
Mr. Crighton, Ms. Rausch, Messrs. Kennedy, Keenan, Brady, Welch and Velis moved that the proposed new text be amended in Section 49, by striking out the words “filed, delineated by whether the tenant or landlord initiated the application” and inserting in place thereof the following words:- “submitted, delineated by complete and incomplete applications”; and in line 18, by inserting after the words “applications approved” the following words “delineated by whether the tenant or landlord initiated the application”; and in line 20, by inserting after the word, “denial” the following words, “(G) the average number of agency staff hours needed per application”; and
by striking out the words “, delineated by rental assistance 22 and mortgage assistance and by income category” and inserting in place thereof the following words:- “submitted, delineated by complete and incomplete”; and
by inserting after the word “denial” the following words:- “(F) the average number of agency staff hours needed per application” and in line 37 by striking the words, “, including statewide, by county and by municipality”.
Budget Amendment ID: FY2021-S4-397
ECO 397
Small Business Recovery Grants
Mr. Lesser, Ms. Rausch, Ms. Comerford, Mr. Velis, Ms. Moran, Ms. DiZoglio, Messrs. Cyr, Tran and Eldridge and Ms. Gobi moved that the proposed new text be amended in section 2, in item 7002-2020, by striking out the figure "$17,500,000", the first time it appears, and inserting in place thereof the following figure:- "$35,000,000".
Budget Amendment ID: FY2021-S4-398
ECO 398
MRVP Program Improvements
Mr. Crighton, Ms. Gobi, Messrs. Eldridge, Kennedy, Keenan, Brady, Welch, Collins and Timilty, Ms. Rausch, Ms. Jehlen, Messrs. Velis, Moore and Tarr and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 7004-9024, by striking out the words "shall establish the amounts of the mobile and project-based vouchers so that the appropriation in this item shall not be exceeded by payments for rental assistance and administration; provided further, that the department shall not enter into commitments which shall cause it to exceed the appropriation set forth in this item" and inserting in place thereof the following words:- "shall issue the number of vouchers reasonably anticipated to completely utilize but not exceed the appropriation in this item; provided further, that the department shall establish the amounts of the mobile and project-based vouchers so that the appropriation in this item shall not be exceeded by payments for rental assistance and administration".
Budget Amendment ID: FY2021-S4-401
ECO 401
Small Business Technical Assistance Program
Messrs. Lesser and O'Connor, Ms. DiZoglio, Ms. Comerford, Messrs. Cyr, Tran and Eldridge, Ms. Gobi and Mr. Montigny moved that the proposed new text be amended in section 2, in item 7002-0040, by striking out the figure “$4,000,000", each time it appears, and inserting in place thereof, in each instance, the following figure:- "$6,000,000"
Budget Amendment ID: FY2021-S4-402
ECO 402
Urban Agenda Program
Mr. Lesser moved that the proposed new text be amended in section 2, by inserting after item 7002-0032 the following item:
“7002-0036 For a competitive grant program to work with urban entrepreneurs to promote small businesses, create new jobs and support workforce development and training initiatives in urban communities; provided, that the program shall be administered by the executive office of housing and economic development; provided further, that funds may be used for planning grants to local housing authorities and municipalities in urban areas to develop new affordable rental or homeownership housing .................. $2,500,000”
Budget Amendment ID: FY2021-S4-404
ECO 404
Small Business Technical Assistance
Messrs. Collins, O'Connor, Eldridge and Moore moved that the proposed new text be amended in section 2, in item 7002-2020, by striking out the figure "$3,850,000" and inserting in place thereof the following figure:- "$7,700,000".
Budget Amendment ID: FY2021-S4-405
ECO 405
Critical HomeBASE Changes
Ms. Chang-Diaz, Mr. Eldridge, Ms. Gobi, Messrs. Welch, Timilty, O'Connor and Velis, Ms. Comerford, Messrs. Moore, Brady and Tarr moved that the proposed new text be amended in section 2, in item 7004-0108, by inserting after the words:- “self-sufficiency plan;” the following:- “provided further, that families that received household assistance in a prior 12-month period, complied with their rehousing plan during the prior period of assistance, continue to include a child under the age of 21 or a pregnant person, and whose gross income does not exceed 50 percent of area median income or that have not had income in excess of said 50 percent level for a period of six months shall be eligible for further allotments of up to $10,000 in household assistance in subsequent 12-month periods to prevent their eviction from their existing housing or to relocate to another housing situation, without needing to first be evicted from their existing housing or otherwise needing to establish that they fall into one of the four categories of affirmative eligibility for emergency assistance shelter listed in item 7004-0101 ;”
and moves to further amend the bill by striking the following provisions:- “provided further, that a family shall not receive more than a combined sum of $10,000 in a 12-month period from this item and item 7004-9316; provided further, that from the passage of this act until the termination of the state of emergency concerning the outbreak of the 2019 novel coronavirus disease declared by the governor on March 10, 2020, the preceding provision shall not apply;”
and moves to further amend the bill by inserting after the phrase "benefits under this item" the following:- Nothing in this section shall prevent a family from accessing the maximum allowable amount for this item and item 7004-9316
and moves to further amend the bill by inserting in (iv) after “3 years” the following:- “and those denied further benefits after seeking such assistance;”
and moves to further amend the bill in said item by striking the figures “$27,158,178” and inserting in place thereof the figures “$45,000,000”.
Budget Amendment ID: FY2021-S4-406
ECO 406
Cultural Councils COVID-19 Grant Authorization
Messrs. Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 0640-0300, by adding after the word “opportunities” in subsection (V) the following:-
“and (VI) assisting nonprofit cultural organizations destabilized by the economic impacts of the COVID-19 pandemic.”
Budget Amendment ID: FY2021-S4-407
ECO 407
Medal of Honor Convention
Messrs. Rush, Feeney, O'Connor and Collins moved that the proposed new text be amended in section 2, in item 7008-0900, by inserting the following words:- "; provided further, that not less than $100,000 shall be provided to the Massachusetts Vietnam Veteran Inc. for expenses associated with hosting the 2021 Medal of Honor convention."; and by striking out the figure "$163,175" and inserting in place thereof the following figure:- $263,175.
Budget Amendment ID: FY2021-S4-407-R1
Redraft ECO 407
Medal of Honor Convention
Messrs. Rush, Feeney, O'Connor, Collins, Timilty and Tarr moved that the proposed new text be amended in section 2, in item 1599-1233, "; provided further, that not less than $100,000 shall be expended to the New England Center and Homes for Veterans for expenses associated with hosting the 2021 Medal of Honor convention"; and
by striking out the figure "$100,000" and inserting in place thereof the following figure:- “$200,000”.
Budget Amendment ID: FY2021-S4-409
ECO 409
Buttonwood Park Zoo
Mr. Montigny moved that the proposed new text be amended in section 2, in item 7007-0952, by adding the following words:- "; provided further, that funds shall be expended for the Buttonwood Park Zoological Society, Inc. in the city of New Bedford".
Budget Amendment ID: FY2021-S4-409-R1
Redraft ECO 409
Buttonwood Park Zoo
Mr. Montigny moved that the proposed new text be amended in section 2, in item 7007-0952, by adding the following words:- "; provided further, that not less than $500,000 shall be made available for zoos throughout the commonwealth that are not under the purview of the Commonwealth Zoological Corporation"; and
by striking out the figure "$4,600,000" and inserting in place thereof the following figure:- "$5,100,000".
Budget Amendment ID: FY2021-S4-410
ECO 410
Homeowner Debt Relief
Messrs. Montigny and Eldridge moved that the proposed new text be amended by inserting the following new section:-
“SECTION XX. Section 2 of chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after subparagraph (Q) the following subparagraph:-
(R) To the extent not otherwise excluded from gross income, in whole or in part, income attributable to the discharge of debt on a principal residence, including debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, subject to the following conditions and limitations:
(i) No more than $2,000,000 of forgiven debt is eligible for the exclusion under this section, or $1,000,000 in the case of married filing separately for the purposes of federal taxes.
(ii) This section shall only apply to “acquisition indebtedness” as defined in section 163(h)(3)(B) of the Code.
(iii) The amount excluded from gross income by reason of this section shall be applied to reduce, but not below zero, the Massachusetts basis of the principal residence of the taxpayer.
(iv) This section shall not apply to the discharge of a loan if the discharge is on account of services performed for the lender or any other factor not directly related to a decline in the value of the residence or to the financial condition of the taxpayer.
(v) If any loan is discharged, in whole or in part, and only a portion of such loan qualifies under this section, this section shall apply only to so much of the amount discharged as exceeds the amount of the loan, as determined immediately before such discharge, which does not qualify. The principal residence exclusion shall take precedence over an insolvency exclusion unless elected otherwise.
(vi) For the purposes of this section, the term “principal residence” shall have the same meaning as in section 121 of the Code.”
Budget Amendment ID: FY2021-S4-412
ECO 412
Menino Arts Center
Mr. Rush moved that the proposed new text be amended in section 2, in item 7008-0900, by inserting the following:- “provided further that not less than $25,000 shall be expended for the programs and operations of the Menino Arts Center, located in the Hyde Park section of the City of Boston” and in said item by striking out the figures “$163,175” and inserting in place thereof the figure:-"165,675".
Budget Amendment ID: FY2021-S4-412-R1
Redraft ECO 412
Menino Arts Center
Mr. Rush moved that the proposed new text be amended in section 2, in item 1599-1233, “; provided further, that not less than $25,000 shall be expended for the programs and operations of the Menino Arts Center in the Hyde Park section of the city of Boston”; and
by striking out the figure “$100,000” and inserting in place thereof the following figure:-"$125,000".
Budget Amendment ID: FY2021-S4-413-R1
Redraft ECO 413
Riverside Theatre Works
Mr. Rush moved that the proposed new text be amended in section 2, in item 1599-1233, “; provided further, that not less than $25,000 shall be expended for the for the operations of Riverside Theatre Works, Inc., located in the Hyde Park section of the city of Boston” and
by striking out the figure “$100,000” and inserting in place thereof the following figure:-"$125,000".
Budget Amendment ID: FY2021-S4-413
ECO 413
Riverside Theatre Works
Mr. Rush moved that the proposed new text be amended in section 2, in item 7008-0900, by inserting the following:- “ provided further that not less than $25,000 shall be expended for the shall be expended for the operations of Riverside Theatre Works, located in the Hyde Park section of the City of Boston; and by striking out the figure “$163,175” and inserting in place thereof the figure:-"165,675".
Budget Amendment ID: FY2021-S4-414
ECO 414
Support For Internet Connectivity In Essex County
Mr. Tarr moved that the proposed new text be amended in section 2, in item 1790-0100, by adding after the words:- “and the general public,” the following:- “provided further, that $100,000 shall be expended for the efforts of the Essex County Community Foundation to improve internet connectivity to support telemedicine and remote learning in response to the COVID-19 pandemic.” And by striking out the figure “$3,105,778” and inserting in place thereof the following figure: - “3,205,778”.
Budget Amendment ID: FY2021-S4-415
ECO 415
Small Business Assistance during the pandemic
Messrs. Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 7002-2020, by striking out the figure "$17,500,000" and inserting in place thereof the following:- "$20,000,000"; and
by striking out the figure "$3,850,000" and inserting in place thereof the following:- "$5,000,000"; and
by striking out the figure "$46,350,000" and inserting in place thereof the following:- "$50,000,000".