Consolidated Amendment "D" to H5007

Consolidated Amendment

Fiscal Note: $118,909,000

 

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Mr. Michlewitz of Boston and others move to amend H.5007 in section 2A, in line item 1599-6060, by inserting after the word “communities” the following: - ;provided further, that not less than $1,000,000 shall be expended for the first year of the Small Properties State Acquisition Funding Pilot as part of the Housing Stabilization and Investment Trust Fund established in section 2 of chapter 121F of the General Laws; provided further, that said program shall issue soft loans to supplement other acquisition soft loans administered by municipal or other affordable housing acquisition lenders on a rolling basis; provided further, that acquisitions pursuant to this program shall follow the affordability restrictions of said affordable housing acquisition lenders; provided further, that loans under this program shall be used for the acquisition of buildings of no less than 1 unit and no more than 8 units of residential housing for rental or ownership, or mixed-use buildings, for a term of up to 50 years

And further amend said item by striking out the figure “$100,000,000” and inserting in place thereof the following:- :$101,000,000

And further amend said section in line item 1599-6061, by inserting after the word “light-industrial uses” the following:- , or construct or rehabilitate owner-occupied manufactured housing

And further amend said section, in line item 1599-6062 by inserting after the words “calendar year 2019” the following: - ; provided further, that not less than $3,000,000 shall be expended for operational support grants to movie theaters in the Commonwealth; provided further, that to be eligible for said grants, applicants must: (a) have had at least $15,000 in box office ticket sales in calendar year 2019; (b) have experienced a decline in box office sales between calendar year 2019 and subsequent years, or portions thereof, of 40 percent or more; (c) be physically located in the Commonwealth; and (d) have no current tax liens on record with the department of revenue at the time of application; provided further, that priority shall be given to applicants with four screens or fewer;  provided further, that eligible businesses shall receive $15,000 per screen for each of the first two screens at a particular location and $10,000 per each additional screen at a particular location

And further amend said item by striking out the figure “$200,000,000 and inserting in place thereof the following figure: - “$203,000,000.

 

And further amend said section by inserting after line item 1599-6067 the following item:-

1599-6068For a reserve to fund various economic development projects throughout the commonwealth; provided, that not less than $50,000 shall be expended for New England Farm Workers Council for continued expansion in Western Massachusetts within the public community college and public vocational school systems for the promotion of educational offerings and the provision of employment opportunities; provided further, that not less than $50,000 shall be expended for the Springfield to Boston Education Foundation for a director to oversee, promote and curate the foundation for 1 year, marketing and the purchase of cars, tools and parts; provided further, that not less than $8,000 shall be expended for police bicycles in Saugus; provided further, that not less than $20,000 shall be expended for fire equipment in Saugus; provided further, that not less than $1,000,000 shall be expended for the Italian Home for Children for a capital improvement project to serve high acuity children that require a specialized facility; provided further, not less than $623,000 shall be expended for statewide imagination library program that fosters higher levels of child literacy by providing books to children ages newborn to 5 years of age; provided further, that not less than $150,000 shall be expended for the department of elementary and secondary education to aid in the disbursement of federal funds for the Local Food for Schools Program; provided further, that not less than $50,000 shall be expended for Operation A.B.L.E. of Greater Boston, Inc., to provide basic workforce and skills training, employment services and job re-entry support to older workers; provided further, that not less than $1,000,000 shall be expended for costs associated with the purchase of information technology, medical equipment and interior building construction and the furnishing of a community health center licensed under an academic medical center in Springfield; provided further, that not less than $2,000,000 shall be expended for the Montachusett Veterans' Outreach Center for the building or acquisition of additional housing units; provided further, that not less than $300,000 shall be expended for Harbor Health Services, Inc. for upgrades to dental equipment, technology infrastructure and operations at the community based dental health clinics servicing Plymouth and Cape Cod; provided further, that not less than $250,000 shall be expended for Torch Light Recovery Group to further promote re-entry services for people who were formally incarcerated; provided further, that not less than $50,000 shall be expended for SCM Transportation to assist seniors in getting to doctor's appointments and grocery stores; provided further, that not less than $2,200,000 shall be expended for the town of Ludlow for Westmass Area Development Corp Ludlow Mill #8 and Mill #11 to immediately increase affordable housing production; provided further, that not less than $1,500,000 shall be expended for Community Servings Inc. for a 1-time investment to support increased demand and expand the medically tailored meal program; provided further, that not less than $100,000 shall be expended for Berkshire Bounty Inc. for efforts to combat food insecurity in rural communities; provided further, that not less than $30,000 shall be expended for the Haven From Hunger food program in Peabody; provided further, that not less than $400,000 shall be expended for Fairview Hospital in the town of Great Barrington for the continuation of the Collaborative Care program in the 5 Southern Berkshire Public Schools; provided further, that not less than $20,000 shall be expended for the Danvers Community Council; provided further, that not less than $15,000 shall be expended for the Middleton Food Pantry; provided further, that not less than $300,000 shall be expended for the Massachusetts Down Syndrome Congress for the Your Next Star employment training program for individuals with intellectual and developmental disabilities; provided further, that not less than $350,000 shall be expended for the Minnechaug Regional High School Booster Club for the replacement and installation of the Falcon Athletic Field at Minnechaug Regional High School with turf, said field having served as a critical recreation facility and respite for the Wilbraham school community during the Covid-19 pandemic; provided further that not less than $150,000 shall be expended for STRIVE, a job training and placement service for the chronically unemployed, to provide access to technology equipment and training for clients who are disproportionately impacted by poverty and the pandemic; provided further, that not less than $250,000 shall be expended for Cape Cod Healthcare for the development, construction and the equipment of an urgent care facility in Orleans; provided further, that $15,000 shall be expended for the town of Harwich for the purchase of new voting machines; provided further, that not less than $100,000 shall be expended for the Cape Cod Law Enforcement Council to provide mental health, wellness and suicide prevention services to emergency service providers in the towns of Brewster, Orleans, Eastham, Wellfleet, Truro and Provincetown; provided further, that not less than $400,000 shall be expended for North Star Family Services to facilitate the development of Journey Home permanent supportive family housing for North Central Massachusetts families; provided further, that not less than $1,000,000 shall be expended for New England Life Flight, Inc., Boston MedFlight, for critical care air medical and dedicated ground critical care transport equipment; provided further, that not less than $30,000 shall be expended for RESIST Foundation for the Project Turnaround Program for violence prevention programming in the neighborhoods of Boston with the highest rates of community violence and gun violence as well as the promotion of and support of workforce development for formerly incarcerated individuals; provided further, that not less than $300,000 shall be expended to the town of Stoneham for costs associated with the design and construction of an outdoor amphitheater on the grounds of Stoneham high school; provided further, that not less than $100,000 shall be expended for a gang-to-college pilot program to serve gang-involved youth from high-crime areas in the city of Boston enrolled in college pathway programs; provided further, that $1,000,000 shall be expended for a 3-year grant to Roca, Inc. to plan for and expand the intervention model for high-risk Young Mothers Program into Boston for young mothers experiencing acute trauma, multiple systems involvement, mental health needs, domestic violence and abuse; provided further, that not less than $35,000 shall be expended for public health and safety initiatives and revitalization of Ringer park in the Allston section of Boston; provided further, that not less than $750,000 shall be expended for the Massachusetts Manufacturing Extension Partnership to develop and implement a workforce development second chance initiative to improve outcomes for underserved populations, and candidates facing challenges entering the workforce; provided further, that not less than $500,000 shall be expended to the city known as the town of Braintree for economic development; provided further, that not less than $250,000 shall be expended to the town of Holbrook for economic development; provided further, that not less than $144,000 shall be expended for the Mattapan Community Health Center for increased salaries for nurses, and medical or clinical assistants; provided further, that not less than $125,000 shall be expended for the SEIU Local 509 Commonwealth Human Service Workers and Educators Training Professional Development Fund to train and address the impacts of secondary trauma on DCF social workers; provided further, that not less than $250,000 shall be expended for Greater Lynn Senior Services, Inc. for its elder housing stabilization program; provided further, that not less than $400,000 shall be expended for Harbor Health Services, Inc. to expand care models to keep seniors in their homes and communities and to implement senior friendly technology infrastructure upgrades; provided further, that not less than $70,000 shall be expended for the Boston Debate League to support their after-school debate league and work with incarcerated individuals; provided further, that not less than $50,000 shall be expended for covering the operational costs associated with providing medical interpreter services at the Lowell community health center; provided further that $1,000,000 be expended for Roca, Inc. to provide and administer a Transitional Employment (TEP) and other job placement programs for the highest-risk, court involved young people and adults in the commonwealth; provided further, that not less than $250,000 shall be expended for the Edward M. Kennedy Community Health Center, Inc. to train community health workers to serve as the patient link to medical and social services for the disenfranchised population throughout the Worcester and MetroWest regions; provided further, that not less than $150,000 shall be expended for Island Health Care for dental and primary care clinic expansion; provided further, that not less than $50,000 shall be expended for Old Timers Sports and Family Health in Springfield; provided further, that not less than $750,000 shall be expended for Southwest Boston Senior Services for a one-time investment to support and provide state-wide medically tailored and culturally appropriate meals to persons battling chronic illnesses, the disabled and elders in collaboration with the statewide Meals on Wheels network; provided further, that not less than $100,000 be expended for NeighborWorks Housing Solutions to digitize their records; provided further, that not less than $175,000 shall be expended for the city of Lawrence Council on Aging for the purpose of repairing and bringing to code the Center's kitchen; provided further, that not less than $15,000 shall be expended for the Pembroke Titans Against Drugs – Friends of the Pembroke Drug Prevention Coalition, Inc; provided further, that not less than $80,000 shall be expended for Mother, Overlooked, Reaching out, Empowerment in Springfield for gun violence prevention and victims services programs; provided further, that not less than $50,000 shall be expended for Solutions at Work, Inc. to support the administration of the Green Street Shelter in Cambridge; provided further, that not less than $150,000 shall be expended for the Natick Housing Authority for the development of a master plan for public housing in Natick; provided further, that not less than $500,000 shall be expended for Year Up to implement workforce development programs that provide job opportunities for young adults; provided further, that not less than $100,000 shall be expended for the Wayland Affordable Housing Trust in Wayland for the acquisition, creation, preservation and support of affordable housing; provided further, that $750,000 shall expended for South Boston Community Health Center to fund critical renovations and expansion at the main facility, to accommodate continued growth in primary care services and to allow for better patient flow to enhance infection control protocols; provided further, that $400,000 shall be expended for the city of Haverhill for the Airfield Redevelopment; provided further, that not less than $2,000,000 shall be expended to Springfield Day Nursery Corporation in the city of Springfield for capital expenses associated with the construction of a new facility to expand access to early education, center-based care and family services to low-income children and families in western Massachusetts; provided further, that not less than $300,000 shall be expended for the downtown revitalization, roadway and environmental enhancement project in the town of Millbury; provided further, that not less than $150,000 shall be expended for the Front-Line Initiative in Tewksbury to allow the opportunity to look at innovative ways to expand the work being done in service of the community; provided further, that not less than $250,000 shall be expended for the operation of the school-based health center for the Randolph Public Schools system; provided further, that not less than $2,144,000 shall be expended for the extraordinary and unreimbursed COVID-19 pandemic related expenditures incurred by the New England Center for Children during fiscal year 2020 and fiscal year 2021; provided further, that not less than $100,000 shall be expended for improvements at Waverley Oaks Apartments in Belmont; provided further, that not less than $100,000 shall be expended for the town of Belmont for the predevelopment costs for Sherman Gardens Apartments; provided further, that not less than $250,000 shall be expended for the Randolph fire department for a new ambulance; provided further, that not less than $100,000 shall be expended for the town of Belmont for improvements to the Belmont Public Library; provided further, that not less than $1,600,000 shall be expended for a federally qualified community health center with a 24/7 satellite emergency facility licensed under 105 C.M.R. 130 to establish an early diagnosis program to address racial disparities in health care in communities disproportionately impacted by the COVID-19 pandemic; provided further, that not less than $8,000,000 shall be expended for Harvard Street Neighborhood Health Center for the purpose of planning and construction of a new state of the art, ADA-compliant health center in the Dorchester neighborhood of Boston; provided further, that not less than $3,000,000 shall be expended for provided further, that not less than $900,000 shall be expended for the East Boston Community Development Corporation, Inc., for the acquisition of residential units to be maintained as affordable housing; provided further, that not less than $500,000 shall be expended for the town of Stoneham for the planning, building and construction costs associated with the Stoneham High School construction project; provided further, that not less than $100,000 shall be expended for Cambodia Town Lowell, Inc. to form an Asian-American business support division which shall provide education and training to minority-owned businesses in Lowell; provided further, that not less than $250,000 shall be expended for the Greater New Bedford Community Health Center for the costs associated with renovations, remodeling and conversion of administrative space for the expansion of behavioral services for vulnerable, high-risk patients;  provided further, that not less than $100,000 shall be expended for the development of a faculty education institute at William James College, in collaboration with the behavioral health advisory committee established in section 72 of Chapter 102 of the Acts of 2021, UMass Amherst, Middlesex Community College and Massachusetts public higher education campuses to prepare a comprehensive plan to train Massachusetts college and university faculty and staff in mental health first aid and social emotional education techniques to increase the quality of campus mental health; provided further, that not less than $100,000 shall be expended for the city of Somerville to conduct focus groups and a feasibility study related to the development of a rental registry and energy retrofitting housing in Somerville; provided further, that not less than $10,000 shall be expended for the New England Center for Arts and Technology Inc. Career Center; provided further, that not less than $100,000 shall be expended for the city of Somerville to study energy efficiency opportunities in affordable housing for low and moderate-income households; provided further, that not less than $150,000 shall be expended for the design and development of three regional partial care program centers located in greater Boston, greater Worcester and greater Springfield to provide services to college and university students transitioning from an inpatient mental health service to campus, in collaboration with the behavioral health advisory committee established in section 72 of Chapter 102 of the Acts of 2021; provided further, that not less than $300,000 shall be expended for CODAC Behavioral Health for a medical mobile unit to provide mental health services and opioid & substance abuse disorders in hot spots and community outreach to students at Westfield State University; provided further, that not less than $2,000,000 shall be expended for athletic fields to benefit Lowell High girls and boys; provided further, that not less than $500,000 shall be expended to the city of Boston to develop a curriculum that can be used by teachers in Boston Public Schools, as well as other educational providers that leverage existing open data from the city, state, and federal government; and provided further, that not less than $3,000,000 shall be expended to the city of Boston to support the development of programs and services that improve the experience of digital government services for multilingual communities...................................................... $43,909,000

And further amend said section, in item 1599-6069, by inserting after the word “analysis”, in line 131, the following words:- and non-acute hospitals not otherwise eligible for funding pursuant to section 135.

And further moves to amend said section, in said item 1599-6069, by striking out the words “or (iv)”, in line 135, and inserting in place thereof the following words:- (iv) serving high percentages of health safety net patients; (v) having a Medicaid payer mix greater than 40 per cent; or (vi).

And further amend said section by inserting after item 1599-6072, the following items:-

1599-6073For a reserve to provide supplemental funding to the victim and witness assistance board in light of federal funding cuts; provided, that not less than $20,000,000 shall be expended for programs and services in fiscal year 2024; provided further, that not less than $20,000,000 shall be expended for programs and services in fiscal year 2025; and provided further, that to the extent feasible, the victim and witness assistance board shall maintain the same level of programs and services offered in fiscal year 2022…………………………………….$40,000,000

And further amend said section by inserting after item 1599-6079, the following:-

1599-6080For a grant program to address human trafficking, to be administered by the department of public health in consultation with the executive office of public safety; provided further that eligible recipients of this grant shall have implemented an approved human trafficking awareness program for their employees which provides the following instruction: (i) the nature of human trafficking; (ii) how human trafficking is defined pursuant to section 50 and 51 of chapter 265; (iii) how to identify victims of human trafficking, as defined in section 20M of chapter 233; (iv) relief and recovery options for survivors; (v) social and legal services available to victims; and provided further eligible applicants shall ensure that the human trafficking hotline is prominently displayed in the lobby of said establishment............$1,000,000

1599-6081For the federal Low Income Home Energy Assistance Program, to assist eligible low-income elders, working families and other households with assistance paying a portion of winter heating bills; provided, that the department of housing and community development shall establish the maximum assistance for which a household shall be eligible………….$10,000,000

1599-6082For a reserve to address the needs of community health centers receiving grants under 42 U.S.C. section 245(b) and with high populations of uninsured patients disproportionately impacted by the COVID-19 pandemic; Provided further, that notwithstanding any general or special law or regulation to contrary, on or before November 30, 2022, the executive office for administration and finance shall transfer no less than $20,000,000 to the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws; provided further, that such funds shall be distributed no later than December 31, 2022 by the executive office of health and human services as direct payments to each provider participating in the MassHealth program as a community health center or hospital-licensed health center; provided further, that said funds shall be allocated in direct proportion to the total allowable reimbursable health services amount processed through the Health Safety Net Trust Fund for each such health center during Health Safety Net fiscal year 2017, including any related settlements; provided further, that at least 10 calendar days prior to the expected payment date to each such health center, the executive office of health and human services shall provide a schedule listing the total allowable reimbursable health services amount processed through the Health Safety Net Trust Fund for each such health center in Health Safety Net fiscal year 2017 including any related settlements, each such health center’s per cent of the aggregate total allowable reimbursable health services amount processed through the Health Safety Net Trust Fund for all such health centers combined in Health Safety Net fiscal year 2017 including any related settlements, and the proposed payment amount to each such health center…………………………………………………………………………….$20,000,000

And further amend said section, in item 1599-6085, by inserting after the words “joint committee on economic development and emerging technologies” the following:- , the joint committee on labor and workforce development

 

And further amend the bill by inserting after section 4E, inserted by Consolidated Amendment “A”, the following 20 sections:-

 

SECTION 4F. The first paragraph of section 13A of chapter 22 of the General Laws, as amended by section 29 of chapter 39 of the acts of 2021, is hereby further amended by striking out the second and third sentences and inserting in place thereof the following 3 sentences:- Two of the appointive members shall be architects licensed to practice in the commonwealth. One of the appointive members shall be a licensed building inspector. Three of the appointive members shall be selected after consultation with advocacy groups on behalf of persons with disabilities.

 

SECTION 4G. Said section 13A of said chapter 22, as so amended, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following 4 paragraphs:-

 

The board shall make and from time to time alter, amend and repeal, in accordance with the provisions of chapter 30A, rules and regulations designed to make multiple dwellings and public buildings and facilities, including, but not limited to, areas that are not generally in public use, accessible to, functional for and safe for use by persons with disabilities. The board shall also make rules and regulations requiring that any person who has lawful control of improved or enclosed private property used as off-street parking areas where the public has a right of access as invitees or licensees, shall reserve parking spaces in said off-street parking areas for vehicles authorized to display handicapped plates or placards under section 2 of chapter 90; provided, that the parking requirements shall be consistent with the ADA Standards for Accessible Design. The parking spaces reserved for vehicles of such persons with a disability shall be clearly marked as such.

 

The rules and regulations of the board shall establish standards and procedures designed to make adaptable for persons with physical disabilities for any building, regardless of the date of construction: (i) all dwelling units in multiple dwellings equipped with an elevator; (ii) all ground floor dwelling units in multiple dwellings not equipped with an elevator; and (iii) all public use and common use portions of such multiple dwellings; provided, however, that in any building constructed before March 13, 1991, such standards and procedures for dwelling units shall apply only to such units within: (i) any non-residential building undergoing a gut rehabilitation as part of a change in use into a multiple dwelling facility; or (ii) any residential building which is vacant undergoing a gut rehabilitation.

 

The rules and regulations of the board shall establish standards and procedures designed to make accessible to, functional for and safe for use by persons with physical disabilities residential buildings whenever constructed and without the restrictions in the above paragraph. Unless otherwise specified, 5 per cent of the units in lodging or residential facilities for hire, rent or lease, containing 20 or more units, shall meet this requirement; provided, however, that accessible units shall allow 5 feet of turning radius for a wheelchair in the kitchens and bathrooms. In the event that the board determines that the need, in certain areas of the commonwealth, for such units either exceeds or does not require said 5 percent, the board may require that, in said areas a percentage of units less than 5 per cent or not greater than 10 per cent be accessible and safe for persons with disabilities; provided, however, that said accessible units shall allow 5 feet of turning radius for a wheelchair in the kitchens and bathrooms. The board may make such determination only if there is sufficient factual basis, using data from the central registry of the Massachusetts rehabilitation commission, established in section 74 of chapter 6, and other sources, to establish with a reasonable degree of certainty the present and future needs for said accessible units in certain areas of the commonwealth. A percentage of less than 5 per cent shall not be established unless such accessible units, which are not needed by persons with disabilities cannot be readily hired, rented or leased to other persons.

 

The rules and regulations of the board shall include, but not be limited to, detailed architectural standards further defining adaptable and accessible dwelling units and such other provisions necessary to provide rights and remedies substantially equivalent to or greater than the rights and remedies provided by the federal Fair Housing Act, the ADA Standards for Accessible Design and regulations thereunder as pertaining to such multiple dwellings.

 

SECTION 4H. Said section 13A of said chapter 22 is hereby further amended by inserting after the word “buildings”, in lines 67, as appearing in the 2020 Official Edition, the following words:- and facilities.

 

SECTION 4I. Said section 13A of said chapter 22 is hereby further amended by inserting after the word “section”, in line 75, as so appearing, the following words:- and facilities.

 

SECTION 4J. Said section 13A of said chapter is hereby further amended by striking out, in lines 80 and 81, as so appearing, the words “handicapped persons,” and inserting in place thereof the following words:- persons with a disability.

 

SECTION 4K. Said section 13A of said chapter 22 is hereby further amended by striking out, in lines 88 and 89, as so appearing, the word “newspaper” and inserting in place thereof the following words:- forms of.

 

SECTION 4L. Said section 13A of said chapter 22, is hereby further amended by inserting after the word “building”, in line 93, as so appearing, the following words:- or facility, including areas not generally in public use,.

 

SECTION 4M. Said section 13A of said chapter 22 is hereby further amended by striking out the words “building be changed to a”, in line 94, as so appearing, and inserting in place thereof the following words:- building or facility be changed to a residential use or a.

 

SECTION 4N. Said section 13A of said chapter 22 is hereby further amended by inserting after the word “building”, in lines 95 and 96, as so appearing, in each instance, the following words:- or facility.

 

SECTION 4O. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 102 and 103, as so appearing, the words “physically handicapped persons” and inserting in place thereof the following words:- persons with a disability.

 

SECTION 4P. Said section 13A of said chapter 22, as amended by section 29 of chapter 39 of the acts of 2021, is hereby further amended by striking out the eighth paragraph.

 

SECTION 4Q. Said section 13A of said chapter 22 is hereby further amended by striking out, in lines 131 and 132, as appearing in the 2020 Official Edition, the word “person” and inserting in place thereof the following words:- building or facility, or portion thereof,.

 

SECTION 4R. Said section 13A of said chapter 22 is hereby further amended by inserting after the word “building”, in line 150, as so appearing, the second time it appears, the following words:- or facility.

 

SECTION 4S. Said section 13A of said chapter 22 is hereby further amended by inserting after the word “building”, in line 166, as so appearing, the following word:- , facility.

 

SECTION 4T. Said section 13A of said chapter 22 is hereby further amended by striking out, in lines 177, 179 and 187, as so appearing, the words “physically handicapped persons” and inserting in place thereof, in each instance, the following words:- persons with a disability.

 

SECTION 4U. The fourteenth paragraph of said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “Alteration”, the following definition:-

 

“Areas that are not generally in public use”, areas not intended for use by the public, as designated in the 1991 and 2010 ADA Standards for Accessible Design, and employee work areas.

 

SECTION 4V. The fourteenth paragraph of said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “Construction” the following 3 definitions:-

 

“Employee work area”, all or any portion of a space used only by employees and used only for work, including, but not limited to, corridors, toilet rooms, kitchenettes and break rooms if said areas constitute the path of travel to or are essential to the use of employees for work; provided, that all employee work areas shall be made accessible in new construction or where renovation work being performed is otherwise subject to the jurisdiction of the board. Corridors, toilet rooms, kitchenettes and break rooms shall not otherwise be considered employee work areas; provided however, that where corridors, toilet rooms, kitchenettes and break rooms constitute the path of travel to or are essential to the use of employees for work, they shall be, when possible, adaptable.

 

“Facility”, all or any portion of a building, structure, site improvement, complex, equipment, road, walk, passageway, parking lot or other real or personal property, including the site where the building, property, structure or equipment is located.

 

“Gut rehabilitation”, the general replacement of the interior of a building that may or may not include changes to structural elements such as flooring systems, columns or load bearing interior or exterior walls.

 

SECTION 4W. Said section 13A of said chapter 22 is hereby further amended by striking out, in line 200, as so appearing, the words “Physically handicapped person” and inserting in place thereof the following words:- Person with a disability.

 

SECTION 4X. Said section 13A of said chapter 22 is hereby further amended by striking out, in line 204, as so appearing, the words “Physically handicapped persons” and inserting in place thereof the following words:- A person with a disability.

 

SECTION 4Y. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out the definition of “Public building”, in lines 209 through 226, inclusive, and inserting in place thereof the following definition:-

 

“Public building”, (i) a building constructed by the commonwealth or any political subdivision thereof with public funds and open to public use, including, but not limited to, a building constructed by a public housing authority, the Massachusetts Port Authority, the Massachusetts Parking Authority, the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority or a building authority of any public educational institution, or their successors; or (ii) a privately financed building that is open to and used by the public, including, but not limited to, places of public accommodation listed in section 92A of chapter 272, and 42 U.S.C. section 12181(7).

 

And further amend the bill in section 101 by striking out lines 1537 to 1544, inclusive, and inserting in place thereof the following subsection:-

 

(e) A pharmacist who dispenses a COVID-19 control measure pursuant to this section shall, for the purposes of health insurance billing and cost-sharing, treat the transaction as the dispensing of a prescription to the person purchasing the COVID-19 control measure in accordance with clinical guidelines as developed by the department. Unless the person purchasing the COVID-19 control measure requests to pay for the prescription out-of-pocket, the pharmacist shall make a reasonable effort to identify the purchaser’s insurance coverage and to submit a claim for the COVID-19 control measure to the insurance carrier prior to dispensing the COVID-19 control measure.

 

And further amend the bill by inserting after section 101 the following 2 sections:-

 

SECTION 101A. Section 72W of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the fifth paragraph the following paragraph:-

 

A nurses’ aide who receives their training and works in a facility whose resident population is predominantly non-English speaking, shall be offered the option to take the nurse aide certification exam in a language other than English, including Spanish and Chinese; provided, that the department shall determine which languages the exam shall be offered in.

 

SECTION 101B. Chapter 112 of the General Laws is hereby amended by inserting after section 52G the following section:-

 

Section 52H. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

 

“Board”, the board of registration in dentistry established in section 19 of chapter 13.

 

“Continuing care”, guidance, support, toxicology collection and accountability through a formal monitoring contract concurrent with or following an evaluation and treatment process.

 

“Peer review committee”, a committee of healthcare providers which evaluates or improves the quality of health care rendered by providers of health care services and the evaluates and assists health care providers impaired or allegedly impaired by reason of alcohol, drugs, physical disability, mental instability or otherwise.

 

“Substantive non-compliance”, a pattern of non-compliance or dishonesty in continuing care monitoring or an episode of non-compliance which could place patients at risk.

 

(b)(1) The board is hereby authorized and directed to offer a remediation program for dentists and dental hygienists.

 

(2) The board shall select 1 or more providers to serve as designated remediation programs.

 

(3) The board shall establish: (i) criteria for the acceptance, denial or termination of registered dentists and dental hygienists in the program; and (ii) an outreach program to identify registered dentists and dental hygienists who may have a substance use disorder and to provide education about the remediation program.

 

(4) No member of the board shall be employed by or volunteer for the program.

 

(c)(1) A remediation program shall serve as a voluntary alternative to traditional disciplinary actions. Any registered dentist or dental hygienist in the commonwealth may request to participate in the program.

 

(2) To be eligible for designation, a remediation program shall have demonstrable experience in the field of substance use disorder and shall employ a licensed mental health professional with experience in the treatment of substance use disorders.

 

(3) The remediation program shall have the following duties and responsibilities: (i) to evaluate registered dentists and dental hygienists who request to participate in the program for admission into the program; (ii) to agree to accept referrals from the board; (iii) to review and designate treatment facilities and assessment services to which participants may be referred; (iv) to receive and review information concerning a participant in the program; (v) to disclose to the board aggregate data on compliance-based on ongoing recovery documentation; (vi) to provide each participant, through contracted agreements, with an individualized remediation plan according to guidelines developed through collaboration between the board and the remediation program with regards to requirements for supervision; (vii) to provide information to dentists or dental hygienists who request to participate in the program; and (viii) to establish an outreach program to identify registered dentists and dental hygienists who may have a substance use or other mental health disorder, and to provide education about the remediation program.

 

(4) A registered dentist or dental hygienist who requests to participate in the remediation program shall agree to cooperate with the individualized remediation plan recommended by the remediation program. The remediation program may report to the board the name and license number of a registered dentist or dental hygienist who fails to comply with an individualized remediation plan.

 

(5) After the remediation program, in its discretion, has determined that a registered dentist or dental hygienist has successfully completed an individualized remediation plan through the program, the board shall seal all records pertaining to the participation of the registered dentist or dental hygienist in the program. No record shall be sealed sooner than 5 years from the participant’s date of entry into the program. All board and remediation program records of a participant’s involvement in the program shall be kept confidential and shall not be subject to discovery or subpoena in any civil, criminal, legislative or administrative proceeding without the prior written consent of the participant.

 

(6) The designated remediation programs shall be confidential and shall offer a means of recovery and rehabilitation without the loss of a license by providing access to early identification, intervention, evaluation, monitoring, referral to appropriate intervention programs and treatment services, and earned advocacy, when appropriate, of licensees with potentially impairing illness, ideally prior to functional impairment.

 

(7) In accordance with peer review law, proceedings, reports and records of the remediation program shall be confidential pursuant to section 240. Such records shall not to be disclosed, and shall not subject to subpoena or discovery, and shall not be introduced into evidence in any judicial or administrative proceeding, subject to paragraph (4) and (5).

 

(8) No employee or volunteer member of the remediation program who is licensed to practice by the department of public health division of professional licensure or by the board shall have had any type of disciplinary or enforcement action taken against them by their respective licensing board, during the 5 years preceding their appointment to the program.

 

And moves to further amend the bill by inserting after section 116A, inserted by Consolidated Amendment “A”, the following 6 sections:-

 

SECTION 116B. Section 96 of chapter 140 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph, and inserting in place thereof the following paragraph:-

 

This section shall not apply to loans that are subject to section 90A or section 28B of chapter 183 nor to any transactions engaged in pursuant to a license granted under section 58 or section 2 of chapter 255B.

 

SECTION 116C. Chapter 149 of the General Laws is hereby amended by adding the following section:-

 

Section 204. (a) No employer or prospective employer as a condition of hire, commencement of employment or continuation of employment, shall require a prospective employee, an employee who has not commenced employment or an employee to enter into a contract waiving a substantive or procedural right or remedy relating to any employment or employment-related claim, including, but not limited to, any claim for a violation of this chapter, chapter 151B or for a violation of public policy in employment. A contract executed in violation of this section shall be unenforceable.

 

(b) Whoever enforces or attempts to enforce a waiver in violation of subsection (a) shall be liable for damages, reasonable attorneys’ fees and costs.

 

(c) No employer or prospective employer shall take retaliatory action against a prospective employee, an employee who has not commenced employment or an employee who refuses to enter a contract in violation of subsection (a). Retaliation shall include, but not be limited to, the failure to hire, discharge, suspension, demotion or discrimination in the terms, conditions or privileges of employment, or any other adverse action, against a prospective employee, an employee who has not commenced employment or an employee because the prospective employee, employee who has not commenced employment or employee refuses to enter into a contract in violation of subsection (a).

 

(d) A prospective employee, an employee who has not commenced employment or an employee aggrieved by a violation of this section may, within 3 years after the violation, commence a civil action for damages and injunctive relief. If the court finds that a person was aggrieved by a violation of this section, the person shall recover reasonable attorneys’ fees and costs. The rights and remedies in this section shall not be exclusive and shall not preempt other available procedures and remedies for retaliatory actions, including, but not limited to, those contained in section 150 and section 4 of chapter 151B.

 

(e) The attorney general may enforce this section if the substantive or procedural right or remedy at issue arises under section 150.

 

(f) The Massachusetts commission against discrimination may enforce this section if the substantive or procedural right or remedy at issue arises under chapter 151B.

 

(g) A person aggrieved by a violation of chapter 151B who seeks a remedy other than: (i) nonenforcement of a contract provision prohibited by this section; or (ii) reasonable attorneys’ fees and costs for enforcement of any provision of this section, shall seek such remedy under said chapter 151B.

 

SECTION 116D.Chapter 167F of the General Laws is hereby amended by striking out section 4 and inserting in place thereof the following section:-

 

Section 4. A bank may engage directly in the business of selling, issuing or registering checks.

 

SECTION 116E. Chapter 169 of the General Laws is hereby repealed.

 

SECTION 116F. The General Laws are hereby amended by inserting after chapter 169A the following chapter:-

 

CHAPTER 169B.

 

LICENSING AND SUPERVISION OF MONEY TRANSMITTERS.

 

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

 

“Authorized delegate”, a person designated by a licensee under this chapter to engage in money transmission on behalf of a licensee.

 

“Branch office”, any office in the commonwealth operated by a licensee at which the licensee engages in money transmission.

 

“Closed loop stored value”, stored value that is redeemable by the issuer only for goods or services provided by the issuer or its affiliate or franchisees of the issuer or its affiliate, except to the extent required by applicable law to be redeemable in cash for its cash value.

 

“Commissioner”, the commissioner of banks.

 

“Licensee”, a person licensed pursuant to this chapter to engage in the business of money transmission.

 

“Material litigation”, any litigation that, according to generally accepted accounting principles, is deemed significant to an applicant’s or licensee’s financial health and would be required to be referenced in that entity’s annual audited financial statements, report to shareholders or similar documents.

 

“Money transmission”, any of the following: (i) selling or issuing a payment instrument to a person located in the commonwealth; (ii) selling or issuing stored value to a person located in the commonwealth; or (iii) receiving money for transmission from a person located in the commonwealth; provided, that “money transmission” shall not include: (i) transactions undertaken for other than personal, family or household purposes; or (ii) the provision solely of online or telecommunications services or network access.

 

“Nationwide Multistate Licensing System and Registry” or “NMLS”, the multistate system developed by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators and owned and operated by the State Regulatory Registry, LLC, or any successor or affiliated entity, for the licensing and registration of persons in financial services industries.

 

“Outstanding money transmission obligations”, (i) any payment instrument or stored value issued or sold by the licensee to a person located in the United States or reported as sold by an authorized delegate of the licensee to a person that is located in the United States that has not yet been paid or refunded by or for the licensee, or escheated in accordance with applicable unclaimed property laws; or (ii) any money received for transmission by the licensee or an authorized delegate in the United States from a person located in the United States that has not been received by the payee or refunded to the sender, or escheated in accordance with applicable unclaimed property laws.

 

“Payment instrument”, a written or electronic check, draft, money order, traveler’s check, or other written or electronic instrument for the transmission or payment of money or monetary value, whether or not negotiable; provided, however, that “payment instrument” shall not include: any credit card voucher; any letter of credit; stored value; or any instrument that is: (i) redeemable by the issuer only for goods or services provided by the issuer or its affiliate or franchisees of the issuer or its affiliate, except to the extent required by applicable law to be redeemable in cash for its cash value; or (ii) not sold to the public but issued and distributed as part of a loyalty, rewards or promotional program.

 

“Person”, any individual, partnership, association, joint-stock association, trust, limited liability company, limited liability partnership or corporation.

 

“Principal shareholder”, any person or group of persons acting in concert who owns not less than 10 per cent of any voting class of an applicant’s stock.

 

“Remit”, (i) to make direct payment of money to a licensee or its representatives authorized to receive the money; or (ii) to deposit money in a bank, credit union or savings and loan association or other similar financial institution in an account specified by the licensee.

 

“Stored value”, monetary value representing a claim against the issuer evidenced by an electronic or digital record, and that is intended and accepted for use as a means of redemption for money or monetary value, or payment for goods or services; provided, that “stored value” shall include, but is not limited to, prepaid access, as defined by 31 C.F.R. 1010.100, as amended or recodified from time to time; and provided further, that notwithstanding the foregoing, “stored value” shall not include a payment instrument or closed loop stored value, or stored value not sold to the public but issued and distributed as part of a loyalty, rewards or promotional program.

 

Section 2. No person or entity shall engage in the business of money transmission without first obtaining a license from the commissioner pursuant to this chapter. A license shall not be required for a person that is an authorized delegate of a licensee acting within the scope of authority conferred by a written contract with the licensee.

 

A licensee that intends to engage in money transmission business at a location other than its main office shall register each such branch office with the commissioner by providing such information as the commissioner may determine necessary; provided, however, that registration shall not be required for a location of an authorized delegate.

 

Section 3. Nothing in this chapter shall be construed to apply to:

 

(a) the United States or a department, agency or instrumentality thereof;

 

(b) money transmission by the United States Postal Service or by a contractor on behalf of the United States Postal Service;

 

(c) a state or a governmental subdivision, agency or instrumentality thereof;

 

(d) a bank, as defined in section 1 of chapter 167, a national banking association, a federally chartered credit union, a federal savings and loan association, a federal savings bank, or any subsidiary of the above, or any bank, trust company, savings bank, savings and loan association, or credit union organized under the laws of any other state, or any subsidiary of the above, a bank holding company, an office of an international banking corporation, a branch of a foreign bank, a corporation organized pursuant to the Bank Service Company Act 12 U.S.C. 1861 et seq, or a corporation organized under the Edge Act 12 U.S.C. 611-632, under the laws of a state or the United States if the person does not issue, sell or provide payment instruments or stored value through an authorized delegate that is not such a person;

 

(e) electronic funds transfer of governmental benefits for a federal, state or governmental agency by a contractor on behalf of the United States or a department, agency or instrumentality thereof, or a state or governmental subdivision, agency or instrumentality thereof;

 

(f) a board of trade designated as a contract market under the Commodity Exchange Act 7 U.S.C. 1 or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as or for such a board of trade;

 

(g) a registered futures commission merchant under the federal commodities laws to the extent of its operation as such a merchant;

 

(h) a person that provides clearance or settlement services pursuant to a registration as a clearing agency or an exemption from such registration granted under the federal securities laws to the extent of its operation as such a provider;

 

(i) a person appointed as an agent of a payee to collect and process a payment from a payor to the payee for goods or services, other than money transmission itself, provided to the payor by the payee; provided, that: (A) there exists a written agreement between the payee and the agent directing the agent to collect and process payments from payors on the payee’s behalf; (B) the payee holds the agent out to the public as accepting payments for goods or services on the payee’s behalf; and (C) payment for the goods and services is treated as received by the payee upon receipt by the agent so that the payor’s obligation is extinguished and there is no risk of loss to the payor if the agent fails to remit the funds to the payee;

 

(j) an operator of a payment system to the extent that it provides processing, clearing or settlement services, between or among persons excluded by this section, in connection with wire transfers, credit card transactions, debit card transactions, stored value transactions, automated clearing house transfers or similar funds transfers;

 

(k) a person registered as a securities broker-dealer under federal or state securities laws to the extent of its operation as such a broker-dealer;

 

(l) a person that acts as an intermediary by processing payments between an entity that has directly incurred an outstanding money transmission obligation to a sender, and the sender's designated recipient; provided, that the entity: (A) is properly licensed or exempt from licensing requirements under this chapter; (B) provides a receipt, electronic record or other written confirmation to the sender identifying the entity as the provider of money transmission in the transaction; and (C) bears sole responsibility to satisfy the outstanding money transmission obligation to the sender, including the obligation to make the sender whole in connection with any failure to transmit the funds to the sender's designated recipient;

 

(m) a person expressly appointed as a third-party service provider to or agent of an entity exempt pursuant to subsection (d), solely to the extent that: (A) such service provider or agent is engaging in money transmission on behalf of and pursuant to a written agreement with the exempt entity that sets forth the specific functions that the service provider or agent is to perform; and (B) the exempt entity assumes all risk of loss and all legal responsibility for satisfying the outstanding money transmission obligations owed to purchasers and holders of the outstanding money transmission obligations upon receipt of the purchaser’s or holder’s money or monetary value by the service provider or agent; or

 

(n) a person exempt by regulation or order if the commissioner finds such exemption to be in the public interest and that the regulation of such person is not necessary for the purposes of this chapter.

 

Section 4. (a) The commissioner may establish a minimum net worth not greater than $5,000,000 for entities engaged in the business of money transmission.

 

(b) The commissioner may adopt, amend or repeal rules and regulations to aid in the administration and enforcement of this chapter. Such regulation may contain such classifications, differentiations or other provisions, and may provide for such adjustments and exceptions for any class of transactions, as in the judgment of the commissioner are necessary or proper to carry out the purposes of this chapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith.

 

(c) Notwithstanding any other provision of this chapter, the commissioner may issue an advisory opinion or adopt regulations relative to the business of money transmission for the purpose of maintaining consistency with regulations adopted by a federal regulatory agency and governing provisions similar to those contained in this chapter.

 

Section 5. (a)(1) The application for a license shall be in a form prescribed by the commissioner and shall contain the name and address or addresses where the business of the applicant is located and if the applicant is a partnership, association, corporation or other form of business organization, the names and addresses of each member, director and principal officer thereof, and any individual acting as a manager of a branch office location. Such application shall also include a description of the activities of the applicant, in such detail and for such periods as the commissioner may require, and such further information as the commissioner may require.

 

(2) The commissioner may require a background investigation of each applicant for a license to engage in the business of money transmission by means of fingerprint and state and national criminal history record checks by the department of criminal justice information services pursuant to section 172 of chapter 6 and the Federal Bureau of Investigation. If the applicant is a partnership, association, corporation or other form of business organization, the commissioner may require such background investigation by means of fingerprint checks on each member, director, principal officer of such applicant, and any individual acting as a manager of a branch office, or a manager of a location from which an authorized delegate engages in money transmission. The commissioner may require a background investigation by means of state criminal history record checks by the department of criminal justice information services pursuant to section 172 of chapter 6 for a manager of a location from which an authorized delegate engages in money transmission during an investigation or examination of a licensee. Receipt of criminal history record information by a private entity shall be prohibited.

 

(3) Each application for a license shall be accompanied by an investigation fee. Investigation and license fees shall be determined annually by the secretary of administration and finance under section 3B of chapter 7.

 

(b) Upon the filing of an application for a license, if the commissioner finds that the financial responsibility, character, reputation, integrity and general fitness of the applicant, and of the partners or members thereof if the applicant is a partnership or association, and of the officers, directors and principal employees if the applicant is a corporation, are such as to warrant belief that the business will be operated honestly, fairly, soundly and efficiently in the public interest consistent with the purposes of this chapter, the commissioner shall thereupon issue the applicant a license to engage in the business of money transmission. The commissioner shall not issue a license and shall notify the applicant of the denial, if: (i) the applicant made a false statement of a material fact in the application for a license; (ii) an officer, director or member of the applicant business, or manager of a location from which the applicant’s authorized delegate will engage in money transmission, has, within 10 years prior to the filing of the application: (A) been convicted of or pleaded nolo contendere to a felony; or (B) committed an act involving fraud or deceit, which act is substantially related to the qualifications, functions or duties of a person engaged in the business of money transmission; (iii) the applicant violated this chapter or regulations promulgated hereunder, any similar regulatory scheme of another jurisdiction or any other law applicable to the conduct of the business sought to be licensed; or (iv) a licensee or authorized delegate of a licensee located at the address at which the applicant intends to operate the business has had any license, registration or other authorization issued by the commissioner suspended or revoked within 6 months of the date of the new application. Within 20 days thereafter, the commissioner shall enter upon the records a written decision and findings containing the reasons supporting the denial and shall forthwith give written notice thereof by registered mail to the applicant. Within 30 days after the date of such notice, the applicant may appeal from such denial to the superior court for Suffolk county, sitting in equity. The court shall hear all pertinent evidence and determine the facts and upon the facts as so determined, review said denial and, as justice and equity may require, affirm the same or order the commissioner to issue such license.

 

(c) The commissioner may participate in the NMLS for entities engaged in the business of money transmission. The commissioner may establish requirements for participation by an applicant in the NMLS, which may vary from the provisions of this section and section 6. The applicant shall pay directly to the NMLS any additional fee relating to participation in the NMLS.

 

Section 6. A license shall not be transferable or assignable and shall expire annually at such date as determined by the commissioner. The license may be renewed upon the filing of a renewal application in such form and containing all such information as the commissioner shall prescribe. The commissioner may refuse to renew a license for any reason that the commissioner may refuse to issue an initial license under section 5. The closing of a location of the licensee, including an authorized delegate location, or a change of location of the main address of the licensee, shall require notification to the commissioner in accordance with regulations promulgated by the commissioner.

 

If there shall be any change among the officers, partners or directors of any licensee, the licensee shall notify the commissioner of the name, address and occupation of each new officer, partner, or director and provide such other information as the commissioner may require in accordance with regulations promulgated by the commissioner.

 

Section 7. All money received for transmission by any licensee shall be forwarded to the person to whom the money is directed within 7 days following receipt thereof, unless the licensee has a reasonable belief or a reasonable basis to believe that the sender may be a victim of fraud or that a crime or violation of law, rule, or regulation has occurred, is occurring, or may occur. Receipts given for deposits of money received for transmission shall contain all appropriate information relative to the transaction, as determined by the commissioner.

 

Section 8. The commissioner may suspend or revoke a license issued pursuant to this chapter or order a licensee to revoke the designation of an authorized delegate if the commissioner finds that:

 

(i) the licensee or an authorized delegate has violated this chapter or any rule or regulation adopted hereunder or any other law applicable to the conduct of its business; or

 

(ii) a fact or condition exists which, if it had existed at the time of the original application for such license, would have warranted the commissioner in refusing to issue such license.

 

Except as provided in subsection (b) of section 9, no license shall be revoked or suspended except after notice and hearing pursuant to chapter 30A.

 

A licensee may surrender a license by delivering to the commissioner written notice that it surrenders the license; provided, however, that the surrender shall not affect the civil or criminal liability of the licensee for acts committed before the surrender.

 

No revocation, suspension or surrender of a license shall impair or affect the obligation of any preexisting lawful contract between the licensee, either directly or through an authorized delegate, and any person.

 

In lieu of suspension or revocation of a license issued hereunder, the commissioner may fine a licensee not more than $500 per day for each violation.

 

Section 9. (a) If the commissioner determines, after giving notice of and opportunity for a hearing, that a licensee has engaged in or is about to engage in an act or practice constituting a violation of this chapter or a rule, regulation or order adopted hereunder, the commissioner may order the licensee to cease and desist from such unlawful act or practice and take such affirmative action as in the commissioner’s judgment will effect the purposes of this chapter.

 

(b) If the commissioner makes written findings of fact that the public interest will be irreparably harmed by a delay in issuing an order pursuant to subsection (a), the commissioner may issue a temporary cease and desist order. Upon the entry of a temporary cease and desist order, the commissioner shall promptly notify, in writing, the licensee affected by the order that such order has been so entered, the reasons for the order, and that within 20 days after the receipt of a written request for a hearing from the licensee, the matter will be scheduled for such hearing to determine whether or not such temporary order shall become permanent and final. If no such hearing is requested and none is ordered by the commissioner, the order shall remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after giving notice of and opportunity for a hearing to the licensee subject to such order, shall, by written finding of facts and conclusions of law, vacate, modify or issue a permanent cease and desist order.

 

(c) No order pursuant to this section, except an order issued pursuant to subsection (b), may be entered without prior notice and opportunity for a hearing. The commissioner may vacate or modify an order under this section upon a finding that the conditions which required the order have changed and that it is in the public interest to vacate or modify the order.

 

(d) An order issued pursuant to this section shall be subject to review as provided in chapter 30A.

 

Section 10. (a) The commissioner may issue an order suspending or revoking the designation of an authorized delegate, if the commissioner finds that:

 

(i) the authorized delegate violated this chapter or a rule promulgated pursuant to this chapter;

 

(ii) the authorized delegate engaged in fraud, intentional misrepresentation or gross negligence;

 

(iii) the authorized delegate has been convicted of a violation of a state or federal anti-money laundering statute;

 

(iv) the competence, experience, character or general fitness of the authorized delegate or a person in control of the authorized delegate indicates that it is not in the public interest to permit the authorized delegate to provide money services; or

 

(v) the authorized delegate is engaging in an unsafe or unsound practice.

 

(b) An order issued pursuant to this section shall be subject to review as provided in chapter 30A.

 

Section 11. A licensee or authorized delegate shall, when directed by the commissioner, permit the commissioner or a duly authorized representative to inspect its records and evidence of compliance with this chapter or any rule and regulation issued pursuant to this chapter and with any other law, rule and regulation applicable to the conduct of its business. The commissioner shall preserve a full record of each such examination of a licensee including a statement of its condition. All records of investigations and reports of examinations by the commissioner, including workpapers, information derived from such reports or responses to such reports, and any copies thereof in the possession of any licensee under the supervision of the commissioner, shall be confidential and privileged communications, shall not be subject to subpoena and shall not be a public record under clause twenty-sixth of section 7 of chapter 4. For the purposes of this paragraph, records of investigation and reports of examinations shall include records of investigation and reports of examinations conducted by a financial regulatory agency of the federal government and any other state, and of any foreign government which are considered confidential by such agency or foreign government and which are in possession of the commissioner. In any proceeding before a court, the court may issue a protective order to seal the record protecting the confidentiality of any such record, and other than any such record on file with the court or filed in connection with the court proceeding, and the court may exclude the public from any portion of a proceeding at which any such record may be disclosed. Copies of such reports of examination shall be furnished to a licensee for its use only and shall not be exhibited to any other person, organization or agency without prior written approval by the commissioner. The commissioner may furnish to regulatory agencies of the federal government, of other states, or of foreign countries, and any law enforcement agency, such information, reports, inspections and statements relating to the licensees under supervision of the division.

 

The commissioner, or an examiner or such others of the commissioner’s assistants as may be designated by the commissioner, may summon the directors, officers or agents of a licensee, or any other witnesses, and examine them relative to the affairs, transactions and condition of the licensee, and, for that purpose, may administer oaths. Whoever, without justifiable cause, refuses to appear and testify when so required or obstructs the person making such examination in the performance of such duties, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 1 year.

 

Section 12. The commissioner, if there is reason to believe that a person other than a licensee has violated this chapter, shall be authorized to make such investigations as the commissioner shall deem necessary and may examine such other person and shall compel the production of all relevant books, records, accounts and documents.

 

Section 13. A licensee shall annually, not later than a date to be determined by the commissioner, file a report with the commissioner containing such information as the commissioner may require concerning the business and operations during the preceding calendar year. A licensee neglecting to file such report or failing to amend the same within 15 days of notice from the commissioner directing the same shall, unless such neglect or failure is due to justifiable cause and not due to willful neglect, pay to the commonwealth $50 for each day during which such neglect or failure continues.

 

A licensee shall periodically file, on dates determined by the commissioner, a report of its current authorized delegates in a form determined by the commissioner and containing such information as the commissioner shall require, and including other information the NMLS may reasonably require with respect to the licensee. The commissioner may change or update the delegate reporting requirements to carry out the purposes of this chapter and to maintain consistency with NMLS licensing standards and practices.

 

A licensee and its authorized delegates shall keep and use such business records in such form and at such location as the commissioner shall, by regulation, determine, which shall enable the commissioner to determine whether such licensee or authorized delegate is complying with this chapter and any rules or regulations promulgated pursuant to this chapter by the commissioner and any other law, rule or regulation applicable to the conduct of the business for which it is licensed pursuant to this chapter. Each licensee shall ensure that all of its authorized delegates maintain books and records as required by the commissioner. Such regulations may contain provisions for the suspension or revocation of licenses for violations hereof and for such records to be recorded, copied or reproduced by photographic, photostatic, microfilm, microcard, miniature photographic, electronic, including, but not limited to, optical imaging, or other process which accurately reproduces or forms a durable medium for reproducing the original record or document or in any other form or manner authorized by the commissioner; provided, however, that nothing in this section shall be construed to permit any such licensee to destroy original records or documents. Each such licensee shall preserve all such business records for as long a period as the commissioner shall prescribe by regulation. Notwithstanding any general or special law to the contrary, service of a subpoena for business records upon a licensee, delivered to an office of such licensee located within the commonwealth shall be deemed to have been served at the location, whether within or outside the commonwealth, where the original business records or documents are kept or maintained.

 

Section 14. The commissioner or an aggrieved party may enforce this chapter, or restrain any violations thereof, by filing a civil action in a court of competent jurisdiction. A violation of this chapter or a rule or regulation adopted pursuant to this chapter shall constitute a violation of chapter 93A.

 

Section 15. Whoever violates this chapter or any rule or regulation promulgated pursuant to this chapter by the commissioner shall be punished by a fine of not more than $5,000 or by imprisonment in state prison for not more than 5 years, or both. Each day a violation continues shall be deemed a separate offense. This penalty shall be in addition to, and not in lieu of, any other provision of law applicable to a licensee or other person for violating section 2 or any rule or regulation made thereunder.

 

Section 16. (a) Whenever the commissioner finds that any licensee or exempt person under section 3 has violated this chapter or any rule or regulation adopted thereunder, or any other law of the commonwealth applicable to the conduct of the business of money transmission, the commissioner may, by order, in addition to any other action authorized pursuant to this chapter or any rule or regulation made pursuant to this chapter, impose a penalty upon such person not more than $5,000 for each violation, and not more than $100,000 for such violation plus the costs of investigation. The commissioner may impose a penalty not more than $5,000 for each violation of this chapter or any rule or regulation adopted thereunder by a person other than a licensee or exempt person under section 3, plus the costs of investigation.

 

(b) Nothing in this section shall limit the right of any individual or entity who has been injured as a result of any violation of this chapter by a licensee, or any person other than a licensee or exempt person under section 3, to bring an action to recover damages or restitution in a court of competent jurisdiction.

 

(c) Any findings or order issued by the commissioner pursuant to this section shall be subject to review as provided in chapter 30A.

 

Section 17. (a) Whenever the commissioner determines that any person has, directly or indirectly, violated this chapter or any rule or regulation adopted pursuant to this chapter, applicable to the conduct of the business of money transmission, or any order issued by the commissioner pursuant to this chapter or any written agreement entered between a licensee and the commissioner, the commissioner may serve upon such person a written notice of intention:

 

(i) to prohibit such person from performing in the capacity of a principal employee on behalf of any licensee for such period of time that the commissioner deems necessary;

 

(ii) to prohibit the person from applying for or obtaining a license from the commissioner for a period not greater than 36 months following the effective date of an order issued under subsection (b) or (c); or

 

(iii) to prohibit such person from any further participation, in any manner, in the conduct of the business of money transmission in the commonwealth or to prohibit such person from being employed by, an authorized delegate of, or operating on behalf of a licensee under this chapter or any other business which requires a license from the commissioner.

 

(b) A written notice issued pursuant to subsection (a) shall contain a written statement of the facts that support the prohibition and shall give notice of an opportunity for a hearing to be held thereon. The hearing shall be fixed for a date not later than 30 days after the date of service upon the commissioner of such request for a hearing. If the person fails to submit a request for a hearing not later than 20 days of service of notice under subsection (a), or otherwise fails to appear in person or by a duly authorized representative, the party shall be deemed to have consented to the issuance of an order of such prohibition in accordance with the notice.

 

(c) In the event of such consent pursuant to subsection (b), or if after a hearing the commissioner finds that any of the grounds specified in such notice have been established, the commissioner may issue an order of prohibition in accordance with subsection (a) as the commissioner finds appropriate.

 

(d) An order issued pursuant to subsection (b) or (c) shall be effective upon service upon the person. The commissioner shall also serve a copy of the order upon the licensee of which the person is an employee or on whose behalf the person is performing. The order shall remain in effect and enforceable until it is modified, terminated, suspended or set aside by the commissioner or a court of competent jurisdiction.

 

(e) Except as consented to in writing by the commissioner, any person who, pursuant to an order issued pursuant to subsection (b) or (c), has been prohibited from participating in whole or in part in the conduct of the business of money transmission in the commonwealth shall not, while such order is in effect, continue or commence to perform in the capacity of a principal employee, or otherwise participate in any manner, if so prohibited by order of the commissioner, in the conduct of the affairs of: (i) any licensee under this chapter; (ii) any other business which requires a license from the commissioner; or (iii) any bank, as defined under section 1 of chapter 167, or any subsidiary thereof.

 

Section 18. A surety bond, in an amount determined by the commissioner and in a form prescribed by the commissioner, to secure the faithful performance of the obligations of the licensee with respect to money transmission shall accompany an application for licensure. The aggregate liability on a surety bond may not exceed the principal sum of the bond. A claimant against a licensee may maintain an action on the bond, or the commissioner may maintain an action on behalf of the claimant.

 

Section 19. (a) A licensee engaged in the business of money transmission who intends to conduct licensed activities through the use of authorized delegates shall submit the names and addresses of such persons listed in the original application to the commissioner. There shall be an express written contract between the parties detailing the duties and responsibilities of each such authorized delegate.

 

(b) A contract between a licensee and an authorized delegate shall require the authorized delegate to operate in full compliance with this chapter. The licensee shall furnish in a record to each authorized delegate policies and procedures sufficient to permit compliance with this chapter.

(c) An authorized delegate shall remit all money owing to the licensee in accordance with the terms of the contract between the licensee and the authorized delegate.

 

(d) An authorized delegate may not provide money transmission services outside the scope of activity permissible under the contract between the authorized delegate and the licensee.

 

Section 20. (a) Except to the extent otherwise limited by the commissioner pursuant to this section, the following shall be considered permissible investments:

 

(1) cash, a certificate of deposit or senior debt obligation of an insured depository institution, as defined in section 3 of the Federal Deposit Insurance Act, 12 U.S.C. section 1813;

 

(2) any receivable owed by a bank and resulting from an automated clearinghouse, debit or credit-funded transmission;

 

(3) banker’s acceptance or bill of exchange that is eligible for purchase upon endorsement by a member bank of the Federal Reserve System and is eligible for purchase by a Federal Reserve Bank;

 

(4) an investment bearing a rating of 1 of the 3 highest grades as defined by a nationally recognized organization that rates securities;

 

(5) an investment security that is an obligation of the United States or a department, agency, or instrumentality thereof, an investment in an obligation that is guaranteed fully as to principal and interest by the United States or an investment in an obligation of a state or a governmental subdivision, agency, or instrumentality thereof;

 

(6) receivables that are payable to a licensee from its authorized delegate, in the ordinary course of business, pursuant to contracts which are not past due or doubtful of collection; provided, that a receivable shall be deemed to be past due or doubtful of collection if the money owed to the licensee is not remitted within 7 business days; and provided further, that the aggregate amount of receivables under this paragraph from any 1 person shall not comprise more than 10 per cent of the licensee’s total permissible investments; and

 

(7) a share or a certificate issued by an open-end management investment company that is registered with the United States Securities and Exchange Commission under the Investment Companies Act of 1940, 15 U.S.C. Section 80a-1-64 and whose portfolio is restricted by the management company’s investment policy to investments specified in paragraphs (1) through (4).

 

(b) The following investments shall be permissible, but only to the extent specified in this subsection:

 

(1) an interest-bearing bill, note, bond or debenture of a person whose equity shares are traded on a national securities exchange or on a national over-the-counter market if the aggregate of investments under this paragraph does not exceed 20 per cent of the total permissible investments of a licensee and the licensee does not at 1 time hold investments under this paragraph in any 1 person aggregating more than 10 per cent of the licensee’s total permissible investments;

 

(2) a share of a person traded on a national securities exchange or a national over-the-counter market or a share or a certificate issued by an open-end management investment company that is registered with the United States Securities and Exchange Commission pursuant to the Investment Companies Act of 1940, 15 U.S.C. Section 80a-1-64 and whose portfolio is restricted by the management company's investment policy to shares of a person traded on a national securities exchange or a national over-the-counter market if the aggregate of investments under this paragraph does not exceed 20 per cent of the total permissible investments of a licensee and the licensee does not at 1 time hold investments in any 1 person aggregating more than 10 per cent of the licensee’s total permissible investments;

 

(3) a demand-borrowing agreement made to a corporation or a subsidiary of a corporation whose securities are traded on a national securities exchange if the aggregate of the amount of principal and interest outstanding under demand-borrowing agreements pursuant to this paragraph does not exceed 20 per cent of the total permissible investments of a licensee and the licensee does not at 1 time hold principal and interest outstanding under demand-borrowing agreements pursuant to this paragraph with any 1 person aggregating more than 10 per cent of the licensee’s total permissible investments;

 

(c) The aggregate of investments pursuant to subsection (b) may not exceed 50 per cent of the total permissible investments of a licensee calculated in accordance with section 21.

 

(d) The commissioner may promulgate regulations to allow other types of investments that the commissioner determines are of sufficient liquidity and quality to be a permissible investment, to the extent specified by the commissioner.

 

Section 21. (a) A licensee shall maintain at all times permissible investments that have a market value computed in accordance with generally accepted accounting principles of not less than the aggregate amount of all of its outstanding money transmission obligations.

 

(b) The commissioner, with respect to any licensees, may limit the extent to which a type of investment within a class of permissible investments may be considered a permissible investment, except for money and certificates of deposit issued by a bank. The commissioner, by rule, may prescribe, or by order allow, other types of investments that the commissioner determines to have a safety standard substantially equivalent to other permissible investments.

 

(c) Permissible investments, even if commingled with other assets of the licensee, shall be held in trust for the benefit of the purchasers and holders of the licensee’s outstanding money transmission obligations in the event of bankruptcy or receivership of the licensee.

 

Section 22. (a) In order to carry out the purposes of this chapter, the commissioner may:

 

(1) enter into agreements or relationships with other government officials or federal and state regulatory agencies and regulatory associations to improve efficiencies and reduce regulatory burden by standardizing methods or procedures, and sharing resources, records or related information obtained pursuant to this chapter;

 

(2) use, hire, contract or employ analytical systems, methods or software to examine or investigate any person subject to this chapter; and

 

(3) accept licensing, examination or investigation reports made by other state or federal government agencies or officials.

 

(b) The commissioner may participate in the multistate supervisory processes established between states for all licensees that hold licenses in the commonwealth and other states. As a participant in multistate supervision, the commissioner may:

 

(1) cooperate, coordinate and share information with other state and federal regulators in accordance with section 11;

 

(2) enter into written cooperation, coordination or information-sharing contracts or agreements with organizations, the membership of which is made up of state or federal governmental agencies; and

 

(3) cooperate, coordinate and share information with organizations, the membership of which is made up of state or federal governmental agencies; provided, that the organizations agree in writing to maintain the confidentiality and security of the shared information in accordance with section 11.

 

(c) Nothing in this section shall constitute a waiver of the commissioner’s authority to conduct an examination or investigation or otherwise take independent action authorized by this chapter or any rule adopted or order issued pursuant to this chapter to enforce compliance with applicable state or federal law.

SECTION 116G. Chapter 175 of the General Laws is hereby amended by striking out section 162Z and inserting in place thereof the following section:-

 

Section 162Z. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

 

“Designated responsible producer” or “DRP”, a person responsible for a limited lines travel insurance producer’s compliance with travel insurance laws, rules and regulations.

 

“Limited lines travel insurance producer”, a (i) licensed managing general agent or third-party administrator; (ii) licensed insurance producer, including a limited lines producer; or (iii) travel administrator.

 

“Offer and disseminate”, to provide general information, including a description of the coverage and price, as well as processing an application for travel insurance and collecting premium payments.

 

“Travel administrator”, a person who directly or indirectly underwrites, collects charges, collateral or premiums from or adjusts or settles claims on residents of the commonwealth in connection with travel insurance; provided, however, that a person shall not be considered a travel administrator if that person’s only characteristic or action that would otherwise cause it to be considered a travel administrator is 1 of the following:

 

(i) a person working for a travel administrator to the extent that the person’s activities are subject to the supervision and control of the travel administrator;

 

(ii) an insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the producer’s license;

 

(iii) a travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer in accordance with this section;

 

(iv) an individual adjusting or settling claims in the normal course of that individual’s practice or employment as an attorney-at-law and who does not collect charges or premiums in connection with insurance coverage; or

 

(v) a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer.

 

“Travel insurance”, insurance coverage for personal risks incidental to planned travel including: (i) an interruption or cancellation of trip or event; (ii) loss of baggage or personal effects; (iii) damages to accommodations or rental vehicles; (iv) sickness, accident, disability or death occurring during travel; (v) emergency evacuation; (vi) repatriation of remains; or (vii) any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the commissioner; provided, however, that “travel insurance” shall not include major medical plans which provide comprehensive medical protection for travelers with trips lasting longer than 6 months, including, but not limited to, people working or residing overseas as an expatriate or any other product that requires a specific insurance producer license.

 

“Travel retailer”, a business entity that makes, arranges or offers planned travel and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.

 

(b)(1) The commissioner may issue to an individual or business entity a limited lines travel insurance producer license if that individual or business entity has filed an application for a limited lines travel insurance producer license with the commissioner in a form and manner prescribed by the commissioner. A limited lines travel insurance producer license shall authorize a limited lines travel insurance producer to sell, solicit or negotiate travel insurance through a licensed insurer. No person may act as a limited lines travel insurance producer or travel retailer unless properly licensed or registered, respectively.

 

(2) A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer license if the following conditions are met:

 

(i) the limited lines travel insurance producer or travel retailer provides to purchasers of travel insurance: (A) a description of the material terms or the actual material terms of the insurance coverage; (B) a description of the process for filing a claim; (C) a description of the review or cancellation process for the travel insurance policy; and (D) the identity and contact information of the insurer and limited lines travel insurance producer;

 

(ii) at the time of licensure, the limited lines travel insurance producer shall establish and maintain a register, on a form prescribed by the commissioner, of each travel retailer that offers travel insurance on the limited lines travel insurance producer’s behalf; provided, however, that the register shall be maintained and updated annually by the limited lines travel insurance producer and shall include the name, address and contact information of the travel retailer, an officer or person who directs or controls the travel retailer’s operations and the travel retailer’s federal tax identification number; provided further, that the limited lines travel insurance producer shall submit the register to the division of insurance upon reasonable request and shall certify that the travel retailer register complies with 18 U.S.C. section 1033; and provided further, that the grounds for the suspension, revocation and the penalties applicable to resident insurance producers under this chapter and chapter 176D shall be applicable to the limited lines travel insurance producers and travel retailers;

 

(iii) the limited lines travel insurance producer has designated 1 of its employees, who is a licensed individual producer, as the DRP;

 

(iv) the DRP, president, secretary, treasurer and any other officer or person who directs or controls the limited lines travel insurance producer’s insurance operations shall comply with the fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer;

 

(v) the limited lines travel insurance producer has paid all applicable insurance producer licensing fees;

 

(vi) the limited lines travel insurance producer requires each employee and authorized representative of the travel retailer, whose duties include offering and disseminating travel insurance, to receive a program of instruction or training, which may be subject, at the discretion of the commissioner, to review and approval by the commissioner; provided, however, that the training material shall, at a minimum, contain instructions on the types of insurance offered, ethical sales practices and required disclosures to prospective customers;

 

(c) Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers, brochures or other written materials that have been approved by the travel insurer. Such materials shall include information which, at a minimum: (i) provides the identity and contact information of the insurer and the limited lines travel insurance producer; (ii) explains that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and (iii) explains that an unlicensed travel retailer is permitted to provide general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of the customer’s existing insurance coverage.

 

(d) A travel retailer’s employee or authorized representative who is not licensed as a limited lines travel insurance producer shall not: (i) evaluate or interpret the technical terms, benefits and conditions of the offered travel insurance coverage; (ii) evaluate or provide advice concerning a prospective purchaser’s existing insurance coverage; or (iii) hold oneself out as a licensed insurer, licensed producer or insurance expert.

 

(e) Notwithstanding any general or special law to the contrary, a travel retailer, whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer who meets the conditions set forth in this section may receive related compensation, not in the form of commissions, upon registration by the limited lines travel insurance producer as described in subsection (b).

 

(f) Travel insurance may be provided under an individual policy or under a group or blanket policy.

 

(g) As the insurer designee, the limited lines travel insurance producer shall be responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this section.

 

(h) Any person licensed in a major line of authority as an insurance producer may sell, solicit and negotiate travel insurance. A property and casualty insurance producer shall not be required to become appointed by an insurer in order to sell, solicit or negotiate travel insurance.

 

And further amend by inserting after section 127 the following 3 sections:-

 

SECTION 127A. The General Laws are hereby further amended by inserting after chapter 175M the following chapter:-

 

Chapter 175N.

 

TRAVEL INSURANCE.

 

Section 1. (a) This chapter shall apply to travel insurance that covers any resident of the commonwealth and is sold, solicited, negotiated or offered in the commonwealth and policies and certificates that are delivered or issued for delivery in the commonwealth; provided, that this chapter shall not apply to cancellation fee waivers or travel assistance services, except as expressly provided herein.

 

(b) All other applicable provisions of the commonwealth’s insurance laws shall apply to travel insurance; provided, that the specific provisions of this chapter shall supersede any general provisions of law that would otherwise be applicable to travel insurance.

 

Section 2. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

 

“Aggregator site”, a website that provides access to information regarding insurance products from more than 1 insurer, including product and insurer information, for use in comparison shopping.

 

“Blanket travel insurance”, a policy of travel insurance issued to any eligible group providing coverage for specific classes of persons defined in the policy with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group.

 

“Cancellation fee waiver”, a contractual agreement between a supplier of travel services and its customer to waive some or all of the non-refundable cancellation fee provisions of the supplier’s underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement; provided, however, that a cancellation fee waiver shall not be considered insurance.

 

“Commissioner”, the commissioner of insurance.

 

“Eligible group”, solely for the purposes of travel insurance, 2 or more persons who are engaged in a common enterprise, or have an economic, educational or social affinity or relationship including, but not limited to, any of the following:

 

(i) any entity engaged in the business of providing travel or travel services including, but not limited to: tour operators, lodging providers, vacation property owners, hotels and resorts, travel clubs, travel agencies, property managers, cultural exchange programs and common carriers or the operator, owner or lessor of a means of transportation of passengers including, but not limited to, airlines, cruise lines, railroads, steamship companies and public bus carriers, wherein with regard to any particular travel or type of travel or travelers, all members or customers of the group shall have a common exposure to risk attendant to such travel;

 

(ii) any college, school or other institution of learning covering students, teachers, employees or volunteers;

 

(iii) any employer covering any group of employees, volunteers, contractors, board of directors, dependents or guests;

 

(iv) any sports team or camp or sponsor thereof, covering participants, members, campers, employees, officials, supervisors or volunteers;

 

(v) any religious, charitable, recreational, educational or civic organization or branch thereof, covering any group of members, participants or volunteers;

 

(vi) any financial institution or financial institution vendor, or parent holding company, trustee, or agent of or designated by 1 or more financial institutions or financial institution vendors, including accountholders, credit card holders, debtors, guarantors or purchasers;

 

(vii) any incorporated or unincorporated association including, labor unions, having a common interest, constitution and bylaws and organized and maintained in good faith for purposes other than obtaining insurance for members or participants of such association covering its members;

 

(viii) any trust or the trustees of a fund established, created or maintained for the benefit of and covering members, employees or customers, subject to the commissioner’s permitting the use of a trust and the commonwealth’s premium tax provisions in section 3 of 1 or more associations meeting the requirements of paragraph (vii);

 

(ix) any entertainment production company covering any group of participants, volunteers, audience members, contestants or workers;

 

(x) any volunteer fire department, ambulance, rescue, police, court or any first aid, civil defense or other such volunteer group;

 

(xi) any preschool, daycare institution for children or adults or senior citizen club;

 

(xii) any automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees or passengers defined by their travel status on the rented or leased vehicles; provided, that the common carrier, the operator, owner or lessor of a means of transportation or the automobile or truck rental or leasing company is the policyholder under a policy to which this chapter applies; or

 

(xiii) any other group where the commissioner has determined that the members are engaged in a common enterprise, or have an economic, educational or social affinity or relationship and that issuance of the policy would not be contrary to the public interest.

 

“Fulfillment materials”, documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan’s coverage and assistance details.

 

“Group travel insurance”, travel insurance issued to any eligible group.

 

“Limited lines travel insurance producer”, a (i) licensed managing general agent or third-party administrator; (ii) licensed insurance producer including, a limited lines producer, designated by an insurer as the travel insurance supervising entity under subsection (g) of section 162Z of chapter 175; or (iii) travel administrator.

 

“Offer and disseminate”, to provide general information including, a description of the coverage and price, as well as processing the application, collecting premiums and performing other permitted non-licensable activities.

 

“Primary certificate holder”, specific to section 3, an individual person who elects and purchases travel insurance under a group policy.

 

“Primary policyholder”, specific to section 3, an individual person who elects and purchases individual travel insurance.

 

“Travel administrator”, a person who directly or indirectly underwrites, collects charges, collateral or premiums from or adjusts or settles claims on residents of the commonwealth, in connection with travel insurance; provided, that a person shall not be considered a travel administrator if that person’s only characteristics or actions that would otherwise cause it to be considered a travel administrator are 1 of the following:

 

(i) a person working for a travel administrator to the extent that the person’s activities are subject to the supervision and control of the travel administrator;

 

(ii) an insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the producer’s license;

 

(iii) a travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer in accordance with said section 162Z of said chapter 175;

 

(iv) an individual adjusting or settling claims in the normal course of that individual’s practice or employment as an attorney-at-law and who does not collect charges or premiums in connection with insurance coverage; or

 

(v) a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer.

 

“Travel assistance services”, non-insurance services for which the consumer is not indemnified based on a fortuitous event, and where providing the service does not result in transfer or shifting of risk that would constitute the business of insurance. Travel assistance services shall include, but shall not be limited to: (i) security advisories; (ii) destination information; (iii) vaccination and immunization information services; (iv) travel reservation services; (v) entertainment; (vi) activity and event planning; (vii) translation assistance; (viii) emergency messaging; (ix) international legal and medical referrals; (x) medical case monitoring; (xi) coordination of transportation arrangements; (xii) emergency cash transfer assistance; (xiii) medical prescription replacement assistance; (xiv) passport and travel document replacement assistance; (xv) lost luggage assistance; (xvi) concierge services; and (xvii) any other service that is furnished in connection with planned travel. Travel assistance services shall not be considered insurance or related to insurance.

 

“Travel insurance”, insurance coverage for personal risks incidental to planned travel including, but not limited to: (i) an interruption or cancellation of trip or event; (ii) loss of baggage or personal effects; (iii) damages to accommodations or rental vehicles; (iv) sickness, accident, disability or death occurring during travel; (v) emergency evacuation; (vi) repatriation of remains; or (vii) any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the commissioner; provided, however, that “travel insurance” shall not include major medical plans which provide comprehensive medical protection for travelers with trips lasting longer than 6 months, including, for example, people working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license.

 

“Travel protection plans”, plans that provide 1 or more of the following: travel insurance, travel assistance services and cancellation fee waivers.

 

“Travel retailer”, a business entity that makes, arranges or offers travel services and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.

 

Section 3. (a) A travel insurer shall pay a premium tax, as provided in section 22 of chapter 63, on travel insurance premiums paid by any of the following:

 

(i) an individual primary policyholder who is a resident of the commonwealth;

 

(ii) a primary certificate holder who is a resident of the commonwealth who elects coverage under a group travel insurance policy; or

 

(iii) a blanket travel insurance policyholder who is a resident, or has its principal place of business or the principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance, in the commonwealth for eligible blanket group members, subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permit the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions.

 

(b) A travel insurer shall: (i) document the state of residence or principal place of business of the policyholder or certificate holder, as required pursuant to subsection (a); and (ii) report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers.

 

Section 4. Travel protection plans may be offered for 1 price for the combined features that the travel protection plan offers in the commonwealth if:

 

(i) the travel protection plan clearly discloses to the consumer, at or prior to the time of purchase, that it includes travel insurance, travel assistance services and cancellation fee waivers, as applicable, and provides information and an opportunity, at or prior to the time of purchase, for the consumer to obtain additional information regarding the features and pricing of each; and

 

(ii) the fulfillment materials: (A) describe and delineate the travel insurance, travel assistance services and cancellation fee waivers in the travel protection plan; and (B) include the travel insurance disclosures and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable.

 

Section 5. (a) All persons offering travel insurance to residents of the commonwealth shall be subject to chapter 176D, except as otherwise provided in this section. In the event of a conflict between this chapter and other provisions of this chapter regarding the sale and marketing of travel insurance and travel protection plans, this chapter shall control.

 

(b) Offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy shall be an unfair trade practice under said chapter 176D.

 

(c)(1) All documents provided to consumers prior to the purchase of travel insurance including, but not limited to, sales materials, advertising materials and marketing materials, shall be consistent with the travel insurance policy itself including, but not limited to, forms, endorsements, policies, rate filings and certificates of insurance.

 

(2) For travel insurance policies or certificates that contain pre-existing condition exclusions, information and an opportunity to learn more about the pre-existing condition exclusions shall be provided any time prior to the time of purchase, and in the coverage’s fulfillment materials.

 

(3) The fulfillment materials and the information described in clause (i) of paragraph (2) of subsection (b) of said section 162Z of said chapter 175 shall be provided to a policyholder or certificate holder as soon as practicable, following the purchase of a travel protection plan. Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a policyholder or certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least: (i) 15 days following the date of delivery of the travel protection plan’s fulfillment materials by postal mail; or (ii) 10 days following the date of delivery of the travel protection plan’s fulfillment materials by means other than postal mail. For the purposes of this section, delivery shall mean handing fulfillment materials to the policyholder or certificate holder or sending fulfillment materials by postal mail or electronic means to the policyholder or certificate holder.

 

(4) The company shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage.

 

(5) Where travel insurance is marketed directly to a consumer through an insurer’s website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law if an accurate summary or short description of coverage is provided on the web page; provided, that the consumer has access to the full provisions of the policy through electronic means.

 

(d) No person offering, soliciting or negotiating travel insurance or travel protection plans on an individual or group basis may do so by using negative option or opt out, which would require a consumer to take an affirmative action to deselect coverage, such as unchecking a box on an electronic form when the consumer purchases a trip.

 

(e) It shall be an unfair trade practice pursuant to said chapter 176D to market blanket travel insurance coverage as free.

 

(f) Where a consumer’s destination jurisdiction requires insurance coverage, it shall not be an unfair trade practice pursuant to said chapter 176D to require that a consumer choose between the following options as a condition of purchasing a trip or travel package: (i) purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or (ii) agreeing to obtain and provide proof of coverage that meets the destination jurisdiction’s requirements prior to departure.

 

Section 6. (a) Notwithstanding any other provision of this chapter, no person shall act or represent itself as a travel administrator for travel insurance in the commonwealth unless that person:

 

(i) is a licensed property and casualty insurance producer in the commonwealth for activities permitted under that producer license;

 

(ii) holds a valid managing general agent license in the commonwealth; or

 

(3) holds a valid third-party administrator license in the commonwealth .

 

(b) An insurer shall be responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer, and shall be responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the commissioner upon request.

 

Section 7. (a) Notwithstanding any other provision of this chapter, travel insurance shall be classified and filed for purposes of rates and forms under an inland marine line of insurance; provided, however, that travel insurance that provides coverage for sickness, accident, disability or death occurring during travel, either exclusively, or in conjunction with related coverages of emergency evacuation, repatriation of remains or incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed under either an accident and health line of insurance or an inland marine line of insurance.

 

(b) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels; provided, that those standards shall meet the commonwealth’s underwriting standards for inland marine.

 

Section 8. The commissioner may promulgate regulations to implement this chapter.

 

SECTION 127B. Section 1 of chapter 176J of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 201, the words “travel insurance;”.

 

SECTION 127C. Said section 1 of said chapter 176J, as so appearing, is hereby further amended by striking out, in lines 208 through 219, inclusive, the words “Travel insurance for the purpose of this chapter is insurance coverage for personal risks incident to planned travel, including but not limited to: (i) interruption or cancellation of trip or event; (ii) loss of baggage or personal effects; (iii) damages to accommodations or rental vehicles; or (iv) sickness, accident, disability or death occurring during travel, provided that the health benefits are not offered on a stand-alone basis and are incidental to other coverages. The term, “travel insurance” shall not include major medical plans, which provide comprehensive medical protection for travelers with trips lasting 6 months or longer, including for example, those working overseas as an ex-patriot or military personnel being deployed.”.

 

And moves to further amend the bill by inserting after section 133 the following 2 sections:-

 

SECTION 133A. (a) A license issued pursuant to chapter 169 of the General Laws or section 4 of chapter 167F of the General Laws, including all authorized delegate location designations, that is in effect immediately before the effective date of this act shall remain in force as a license under said chapter 169 or said section 4 of said chapter 167F. Such licensees shall file a renewal application in accordance with section 6 of chapter 169B of the General Laws, as inserted by section 116F.

 

(b) Any person that was not required to obtain a license pursuant to chapter 169 of the General Laws or pursuant to section 4 of chapter 167F of the General Laws, but that is now required to obtain a license under chapter 169B of the General Laws shall file an application for a license within 6 months of the effective date of this act to continue conducting money transmission in the commonwealth directly or through authorized delegates. If such application is timely filed and pending with the commissioner, that person may continue to conduct money transmission in the commonwealth, until such time as the application has been approved, withdrawn or denied.

 

(c) All authorized delegate designations under section 4 of chapter 167F of the General Laws shall be deemed in compliance with this chapter.

 

SECTION 133B. (a) The department of elementary and secondary education shall, in consultation with relevant stakeholders, implement a 5-year pilot program to develop a process for granting educator certification that may be used as an alternative to the testing requirements in section 38G of chapter 71 of the General Laws. The program shall allow candidates for certification to earn an initial preliminary certification that may lead to permanent certification after 4 years of teaching experience during which the candidate for licensure demonstrates teacher proficiency as measured by student growth scores and other factors, as determined by the department.

 

(b) The alternative certification process may allow for waiver of not more than 1 of the 2 testing requirements pursuant to said section 38G of said chapter 71, per candidate, and shall include consideration of factors including, but not limited to, whether a candidate has: (i) obtained certification in another state approved by the department; (ii) completed a satisfactory portfolio of items that may include student feedback or competency-based projects; or (iii) obtained a master’s degree or doctorate from an accredited institution.

 

(c) The department shall limit the hiring of candidates alternatively certified pursuant to this section to those public school districts and charter schools that the department certified as having demonstrated 1 of the following characteristics: (i) a demographic disparity between the district’s student population and its teaching workforce; (ii) a shortage of teachers to serve English language learners; or (iii) a critical need to fill teacher vacancies. The department shall not allow any district to fill more than 10 per cent of its teaching positions with educators alternatively certified.

 

(d) The department may use the results of the alternative assessment pilot authorized by subsection (e) of 603 CMR 7.04 to inform the development of the alternative licensure process required by this section.

 

(e) The department shall conduct a comprehensive evaluation of the pilot program and the use of the alternative certification process during the pilot period. The evaluation shall include: (i) a measurement of student impacts as measured by student growth and other factors; (ii) an assessment of progress made in diversifying the educator workforce; and (iii) an assessment of the impacts on candidates of diverse backgrounds.

 

And further amend the bill by inserting after section 140B, as inserted by Consolidated Amendment “B”, the following 6 sections:-

 

SECTION 140C. Notwithstanding any general or special law, rule or regulation to the contrary, a certain parcel of land located at 173 Alford street situated partly in the city of Everett and partly in the city of Boston shall be removed from and not considered within the boundaries or a part of any designated port area, including any designated port area pursuant to 310 C.M.R. 25 and 310 C.M.R. 9 and any other applicable provision of the code of Massachusetts regulations. This parcel consists of approximately 43.11 acres and is located on the southeasterly side of Alford street, on the southwesterly side of Dexter street and bounded southwesterly by the Mystic river, and is more particularly described in a deed filed with the Middlesex south registry district of the land court as document No. 1554521 and recorded with the Middlesex south registry of deeds in book 56211, page 350, and also filed with the Suffolk registry district of the land court as document No. 786425 and recorded with the Suffolk county registry of deeds in book 47428, page 145.

 

SECTION 140D. (a) Notwithstanding chapter 91 of the General Laws or any other general or special law, or rule or regulation to the contrary, including 310 C.M.R. 9, any height, setback, open space or other dimensional limitations and requirements imposed under said chapter 91 or any other general or special law, and the rules and regulations applicable thereto, shall not be applicable to the demolition, construction, reconstruction, renovation, use or re-use of any building or structure located on the parcel described in section 140C, for the purposes of a sports, recreation or events center, including any ancillary structures that directly support the operation of a sports, recreation or events center.

 

(b) This section shall be void and of no effect if no such sports, recreation or events center described in subsection (a) has been permitted for construction within 3 years from the effective date of this act.

 

SECTION 140E. (a) Notwithstanding any general or special law to the contrary, each school district, as defined in section 2 of chapter 70 of the General Laws, and each charter school, as defined in section 89 of chapter 71 of the General Laws, shall establish a diversity plan that conforms with the guidelines established by the department of elementary and secondary education pursuant to subsection (b). Such plans shall set forth specific goals and timetables for achievement. The plans shall comply with all applicable state and federal laws and shall be updated after 3 years.

 

(b) To promote a racially and ethnically diverse educator workforce, the department of elementary and secondary education shall:

 

(i) establish guidelines for diversity plans that shall include, but not be limited to, the following goals: (A) identify and eliminate discriminatory barriers to hiring and learning in a school or district; (B) remedy the effects of past discriminatory practices; (D) identify, recruit and hire employees who are members of under-represented groups; (E) develop, promote and retain employees who are members of under-represented groups; and (F) ensure equal opportunity in employment for educators. In developing these guidelines, the department shall consult with experts and school leaders from public schools or school districts that have experienced significant increases in hiring and retaining racially and ethnically diverse educators;

 

(ii) establish a process for reviewing diversity plans based on clearly defined criteria. A public school district or charter school shall amend any plan deemed not to conform with the requirements of this section. A public school district or charter school shall be deemed to have satisfied the requirements of this section if it has prioritized diversity in its 3-year plan required by section 1S of chapter 69 of the General Laws or in any other strategic plan developed by the district;

 

(iii) establish periodic reporting requirements for public school districts and charter schools concerning the implementation of their diversity plans and all actions taken to ensure compliance with this section and applicable state and federal laws. These reporting requirements shall be incorporated into existing reporting mechanisms and schedules where feasible;

 

(iv) assist public school districts and charter schools in complying with their diversity plans and applicable federal and state laws; and

 

(v) require approved educator preparation programs to implement diversity plans to increase the racial and ethnic diversity of program completers. These plans shall be required as part of the educator preparation program approval process and the department shall make each program’s plan publicly available. The department shall establish guidelines for educator preparation program diversity plans.

 

(c) The board of elementary and secondary education shall review compliance with these diversity plans and policies on a regular basis and may provide further recommendations regarding educator diversity.

 

SECTION 140F. (a)Notwithstanding any general or special law to the contrary, each school district, as defined in section 2 of chapter 70 of the General Laws, and each charter school as defined in section 89 of chapter 71 of the General Laws, shall have a diversity, equity and inclusion officer or shall establish a diversity team, referred to in this section as a diversity officer or team. The role and responsibilities of a diversity officer or team may be assigned to an existing school employee or existing school entity. Diversity officers and teams shall report directly to the superintendent. Diversity officers and teams shall coordinate their school district or school’s compliance with the requirements of this section and applicable federal and state laws.

 

(b) Each school district and charter school shall establish a process for advising the school committee or board of trustees on matters of diversity, equity and inclusion in the school district. The process may include establishing an educator diversity council consisting of educators, administrators and students, which shall meet regularly with the superintendent or the diversity officer or team and the school committee or board of trustees. The school committee or board of trustees may appoint 1 of its members to serve as an ex-officio member of the educator diversity council.

 

(c) Pursuant to guidelines established by the department of elementary and secondary education, all superintendents, school committee members, boards of trustees, district leaders, principals and school district employees shall complete a diversity and implicit bias training course, the frequency of which shall be established by the department.

 

SECTION 140G. (a) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall set measurable educator diversity goals for the commonwealth and shall collect and report publicly statewide educator diversity data. The data shall be reported in an online dashboard established in consultation with the board of elementary and secondary education. The data shall include, but not be limited to, (i) the number of educators hired and retained who meet the department’s educator diversity goals; (ii) racial demographics of educators who complete Massachusetts state educator preparation programs, and (iii) teacher qualification data from school and district report cards. The department shall report on the success of the 5-year pilot program developed pursuant to section 133B, diversity plans implemented pursuant to section 140E and the diversity, equity and inclusion officers or diversity teams implemented pursuant to section 140F. The department shall report annually to the board of elementary and secondary education on state educator diversity data and goals. The department shall also submit a report on the state of educator diversity to the clerks of the house of representatives and the senate not later than June 30.

 

(b) Each public school district and charter school shall collect and report educator diversity data publicly in a manner prescribed by the department; provided, that the department shall utilize existing reporting mechanisms and schedules to collect educator diversity data and outcomes and shall annually present both to the school committee or board of trustees. The data reported pursuant to this paragraph shall include information regarding the achievement of goals set pursuant to clause (i) of subsection (b) of section 140E.

 

SECTION 140H. The department of elementary and secondary education shall promulgate rules and regulations for sections 133B, 140E, 140F and 140G to implement the requirements. Such regulations shall include a schedule for public school districts and charter schools to meet the planning and reporting requirements; provided, that such schedule shall prioritize implementation for school districts and charter schools that have significant race and ethnicity disparities between educator and student demographics.

 

And further amend the bill by inserting after section 149 the following section:-

 

SECTION 149A. Sections 133B, 140E, 140F, 140G and 140H are hereby repealed.

 

And further amend the bill by inserting after section 150A, inserted by Consolidated Amendment “A”, the following 4 sections:-

SECTION 150B. Section 116C of this act shall apply to contracts executed on or after the effective date of this act.

 

SECTION 150C. Sections 116D, 127A, 127B, 127C and 133B shall take effect 90 days after the effective date of this act.

 

SECTION 150D. Section 116F shall take effect 9 months after the effective date of this act.

 

SECTION 150E. Section 149A is effective 5 years after the effective date of this act.