Consolidated Amendment "C" to H5562
Consolidated Amendment C
Fiscal Note: $0
Amendments: 4, 6, 8, 16, 21, 28, 29, 36, 39, 40, 41, 42, 81, 131, 136, 137, 139, 152, 155, 159, 168, 173, 176, 180, 183, 185, 194, 196, 214, 223, 238, 242, 243, 249, 255, 266, 289, 294, 316, 318, 324, 349, 371, 399, 406, 422, 434, 438, 452, 456, 465, 468, 501, 502, 538, 548, 550, 589, 636, 638, 645, 650, 669, 677, 682
Mr. Michlewitz of Boston and others move to amend H.5562 by inserting after section 40 the following 2 sections:-
SECTION 40 1/4. Said chapter 29 is hereby further amended by inserting after section 2OOOOOO, inserted by section 2 of chapter 113 of the acts of 2026, the following section:- Section 2PPPPPP. (a) There is hereby established in the office of the state treasurer a separate, non-budgeted special revenue fund known as the Massachusetts Secure Choice Savings Fund, which shall be administered by the state treasurer. The fund shall be credited with: (i) money from the payment of fees, penalties and other payments due to the Massachusetts secure choice savings program established in section 64H; (ii) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund and any funds appropriated by the federal or local governments; (iii) private contributions and publicly or privately-funded grants; and (iv) any interest earned on the assets of the fund. Monies in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year. Section 38 shall not apply to any investment of the fund.
(b) The fund shall cover all expenses associated with the administration of the Massachusetts secure choice savings program not otherwise covered by the program, including, but not limited to, expenses related to program compliance and oversight responsibilities.
(c) The Massachusetts secure choice savings board, as established in section 64G, shall establish guidelines regarding administration of the fund.
SECTION 40 1/2. Said chapter 29 is hereby further amended by inserting after section 64E the following 5 sections:-
Section 64F. For the purposes of this section and sections 64G to 64J, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Board”, the Massachusetts secure choice savings board established pursuant to section 64G.
“Code”, as defined in section 1 of chapter 62.
“Commissioner”, the commissioner of revenue.
“Department”, the department of revenue.
“Employee”, any individual who: (i) is 18 years of age or older; (ii) is employed by an employer; and (iii) has wages that are allocable to the commonwealth during a calendar year under chapter 62.
“Employer”, a person or entity engaged in a business, industry, profession, trade or other enterprise in the commonwealth, whether for-profit or not-for-profit, that has: (i) at no time during the previous calendar year employed fewer than 25 employees in the commonwealth; (ii) been in business not less than 2 years; and (iii) not offered a qualified retirement plan, including, but not limited to, a plan qualified under sections 401(a), 401(k), 403(a), 403(b), 408(k), 408(p) or 457(b) of the Code in the preceding 2 calendar years.
“Enrollee”, any employee or former employee who is enrolled in the program.
“Fund”, the Massachusetts Secure Choice Savings Fund, established pursuant to section 2PPPPPP.
“IRA”, an individual retirement account that is either a: (i) Roth IRA, under section 408A of the Code; or (ii) individual retirement account under section 408 of the Code.
“Participating employer”, an employer that provides a payroll deposit retirement savings arrangement as provided for by section 64I for its employees who are enrolled in the program.
“Payroll deposit retirement savings arrangement”, an arrangement by which a participating employer allows enrollees to remit payroll deduction contributions to the program.
“Program”, the Massachusetts secure choice savings program, established pursuant to section 64H.
“Wages”, any compensation within the meaning of section 219(f)(1) of the Code that is received by an enrollee from a participating employer during the calendar year.
Section 64G. (a)(1) There is hereby established the Massachusetts secure choice savings board. The board shall consist of the following 5 members: the state treasurer or a designee, who shall serve as chair; the comptroller or a designee; the secretary of the commonwealth or a designee; a public representative with expertise in retirement savings plan administration or investment, or both, who is representative of participating employees, appointed by the governor; and a public representative with expertise in retirement savings plan administration or investment, or both, who is representative of participating employers, appointed by the state treasurer.
(2) Each member shall be appointed for a term of 4 years; provided, however, that the public representative of employers shall be appointed initially for a term of 3 years; and provided further, that all members shall be eligible for reappointment. A vacancy in the term of an appointed board member shall be filled for the balance of the unexpired term in the same manner as the original appointment. Members of the board shall serve without compensation but shall be reimbursed for reasonable expenses incurred in the performance of their official duties.
(3) The board may appoint or engage agents. The board, the individual members of the board, any other agents appointed or engaged by the board and all persons serving as program staff shall discharge their duties with respect to the program solely in the interest of the program’s enrollees and beneficiaries.
(b) The board shall be responsible for ongoing fiduciary administrative oversight of the program for the purpose of promoting greater retirement savings for private-sector employees in a convenient, low-cost and portable manner, pursuant to subsection (a) of section 64H.
(c) The board shall report annually to the state treasurer, governor, comptroller, secretary of the commonwealth and the house and senate committees on ways and means. The report shall include, but shall not be limited to: (i) an audited financial report, prepared in accordance with generally accepted accounting principles; (ii) a summary of the benefits provided by the program, including the number of enrollees; and (iii) the percentage and amounts of investment options and rates of return.
(d) All agencies of the commonwealth shall cooperate as requested by the board in the performance of their duties under this section, including, unless otherwise prohibited, the sharing of relevant data as the parties shall mutually agree.
Section 64H. (a) There is hereby established in the office of the state treasurer the Massachusetts secure choice savings program, subject to appropriation. The program shall be developed and administered by the state treasurer with ongoing fiduciary administrative oversight provided by the board for the purpose of promoting greater retirement savings for private-sector employees in a convenient, low-cost and portable manner.
(b)(1) The state treasurer shall design, establish and operate the program in a manner that: (i) accords with best practices for retirement savings vehicles; (ii) maximizes participation, savings and sound investment practices; (iii) maximizes simplicity, including ease of administration for participating employers and enrollees; (iv) provides an efficient product to enrollees by pooling investment funds; and (v) ensures the portability of benefits.
(2) The state treasurer and the department shall maintain, on their websites, information for employers on the requirements of the program and information on retirement plans an employer may offer as an alternative to the program, including, but not limited to, a defined benefit plan, 401(k) plan, a Simplified Employee Pension (SEP) plan or a Savings Incentive Match Plan for Employees (SIMPLE) plan.
(c) The state treasurer shall request, in writing, an opinion or ruling from the appropriate entity with jurisdiction over the federal Employee Retirement Income Security Act regarding the applicability of the federal Employee Retirement Income Security Act to the program. The state treasurer shall not implement the program if the IRA arrangements offered under the program fail to qualify for the favorable federal income tax treatment ordinarily accorded to IRAs under the Code or if it is determined that the program is an employee benefit plan and state or employer liability is established under the federal Employee Retirement Income Security Act.
(d) The state treasurer shall prepare a written statement of investment policy that includes a risk management and oversight program for consideration and adoption by the board.
(e) The state treasurer may contract with practitioners, administrators, investment managers and other entities to design, administer and provide investment options under the program. Any practitioner, administrator, investment manager or other entity with which the state treasurer contracts shall comply with all applicable federal and state laws, rules and regulations and all rules, policies and guidelines promulgated by the board with respect to the program and the investment of the fund, including, but not limited to, the investment policy. Any practitioner, administrator, investment manager or other entity with which the state treasurer contracts shall provide such reports as the board deems necessary to assess performance.
(f) The state treasurer shall assess the feasibility of multistate or regional agreements to administer the program through shared administrative and operational resources and may enter into those agreements if deemed beneficial to the program.
(g)(1) The commonwealth, the board, each member of the board or other commonwealth official, other commonwealth boards, commissions or agencies, or any member, officer or employee thereof, and the program: (i) shall have no responsibility for compliance by individuals with the conditions and other provisions of the Code that determine which individuals are eligible to make tax-favored contributions to IRAs, in what amount and in what time frame and manner; (ii) shall have no duty, responsibility or liability to any party for the payment of any benefits under the program, regardless of whether sufficient funds are available under the program to pay such benefits; (iii) do not and shall not guarantee any interest rate or other rate of return on or investment performance of any contribution or account balance; and (iv) are not and shall not be liable or responsible for any loss, deficiency, failure to realize any gain or any other adverse consequences, including, but not limited to, any adverse tax consequences or loss of favorable tax treatment, public assistance or other benefits incurred by any person as a result of participating in the program.
(2) The debts, contracts and obligations of the program shall not be considered the debts, contracts and obligations of the commonwealth, and neither the faith and credit nor the taxing power of the commonwealth shall be pledged directly or indirectly to the payment of the debts, contracts and obligations of the program.
(3) Participating employers shall not have any liability for an employee’s decision to participate in, or opt out of, the program or for the investment decisions of the board or of any enrollee.
(4) A participating employer shall not be a fiduciary, or considered to be a fiduciary, over the program. A participating employer shall not bear responsibility for the administration, investment options or investment performance of the program. A participating employer shall not be liable with regard to investment returns, program design and benefits paid to program participants.
(h) All agencies of the commonwealth shall cooperate as requested by the state treasurer in the performance of their duties under this section, including, unless otherwise prohibited, the sharing of relevant data as the parties shall mutually agree.
Section 64I. (a)(1) Each employer shall establish a payroll deposit retirement savings arrangement to allow each employee to participate in the program on a timeline set by the board.
(2) Employers shall automatically enroll each employee, who has not opted out of participation, in the program and shall provide payroll deduction retirement savings arrangements and deposit, on behalf of each such employee, these funds into the program.
(3) Employers shall retain the option at all times to set up any type of employer-sponsored retirement plan, including, but not limited to, a defined benefit plan, a 401(k), a Simplified Employee Pension (SEP) plan or a Savings Incentive Match Plan for Employees (SIMPLE) plan, instead of having a payroll deposit retirement savings arrangement to allow employee participation in the program.
(b)(1) Enrollees shall have the ability to: (i) select a contribution level into the fund; or (ii) opt out of participation in the program. The contribution level may be expressed as a percentage of wages or as a dollar amount up to the deductible amount for the enrollee’s taxable year under section 219(b)(1)(A) of the Code. Enrollees may change their contribution level at any time and that election shall be honored as soon as administratively feasible. If an enrollee fails to select a contribution level using the form prescribed, the enrollee shall contribute the default contribution rate of 6 per cent, with an annual escalation of 1 per cent and up to 10 per cent, of their wages to the program.
(2) Enrollees may select an investment option from the permitted investment options available under the program. Enrollees may change their investment option at any time. If an enrollee fails to select an investment option, the enrollee shall be placed in a qualified default investment alternative specified by the program.
(3) An enrollee may terminate their participation in the program at any time in a manner prescribed by the program.
Section 64J. (a) An employer who fails without reasonable cause to enroll an employee, who has not elected out of participation, in the program within the time prescribed by the state treasurer, in consultation with the department, shall be subject to a penalty equal to:
(i) $250 for each employee for each calendar year or portion of a calendar year during which the employee neither was enrolled in the program nor had elected out of participation in the program, and the employee or any appropriate official of the commonwealth may bring a civil action to require the employer to enroll the employee and shall recover such costs and reasonable attorney’s fees as may be allowed by the court; and
(ii) for each calendar year beginning after the date a penalty has been assessed with respect to an employee, $500 for any portion of that calendar year during which such employee continues to be unenrolled without electing out of participation in the program, and the employee or any appropriate official of the commonwealth may bring a civil action to require the employer to enroll the employee and shall recover such costs and reasonable attorney’s fees as may be allowed by the court.
(b) No penalty shall be imposed under subsection (a) for any failure for which it is established that the employer, subject to liability for the penalty, did not know that the failure existed and exercised reasonable diligence to meet the requirements of this section or where:
(i) the employer subject to liability for the penalty exercised reasonable diligence to meet those requirements; and
(ii) the employer complies with those requirements with respect to each employee by the end of the 90-day period beginning on the first date the employer knew, or exercising reasonable diligence would have known, that the failure existed.
(c) In the case of a failure that is due to reasonable cause and not to willful neglect, all or part of the penalty may be waived to the extent that the payment of the penalty would be excessive or otherwise inequitable relative to the failure involved.
(d) If a participating employer fails to transmit a payroll deduction contribution to the program on the earliest date the amount withheld from the enrollee’s compensation may reasonably be segregated from the participating employer’s assets, but not later than the 15th day of the month following the month in which the enrollee’s contribution amounts are withheld from their paycheck, the failure to remit such contributions on a timely basis shall be subject to the same sanctions as employer misappropriation of employee wage withholdings, including those pursuant to sections 148 and 150 of chapter 149 and to the penalties specified in subsection (a).
(e) Except as provided in this subsection, all information received by the department from returns filed by an employer or from any investigation conducted under this section shall be confidential, except for official purposes within the department or pursuant to official procedures for collection of penalties assessed under this section. Nothing contained in this section shall prevent the commissioner from publishing or making available to the public reasonable statistics concerning the operation of this section wherein the contents of returns are grouped into aggregates in such a way that the specific information of any employer shall not be disclosed. Nothing contained in this section shall prevent the commissioner from divulging information to an authorized representative of the employer or to any person pursuant to a request or authorization made by the employer or by an authorized representative of the employer.
(f) Civil penalties and fees collected under this section shall be deposited into the fund.
(g) The department may promulgate rules and regulations as necessary or proper for the administration and enforcement of this section.
And further amend the bill by inserting after section 90 the following section:-
SECTION 90A. Section 30A of chapter 85 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
For purposes of this paragraph, a “superload” shall be any vehicle or combination of vehicles which: (i) exceeds 14 feet in width; (ii) is 14 feet in height or greater; (iii) is greater than 135 feet in length; (iv) is 199,000 pounds or greater in gross vehicle weight; or (v) is a combination of the above. Notwithstanding any general or special law to the contrary, the weight threshold for determination of a superload shall be those vehicles at or in excess of 199,000 pounds gross vehicle weight. The department shall implement an application and fee schedule for expedited superload permits authorized under this section. A superload permit may include conditions and terms as determined by the administrator, pursuant to section 37 of chapter 6C; provided, that allowances shall be made for escort flexibility, where practicable, and engineering studies conducted not more than 12 months prior.
And further amend the bill by inserting after section 107 the following section:-
SECTION 107A. Said chapter 90 is hereby further amended by inserting after section 8N the following section:-
Section 8O. (a) For purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“AAMVA”, the American Association of Motor Vehicle Administrators.
“Credential”, a license issued pursuant to section 8, a learner’s permit issued pursuant to section 8B or an identification card issued pursuant to section 8E.
“Credential holder”, the individual that has been issued a physical or electronic credential.
“Data element”, a distinct component of a customer’s information that is found on a registrar’s customer record.
“Electronic credential”, an electronic extension of a physical credential that conveys identity and driving privilege information for purposes of displaying the credential on a mobile telephone or other electronic device and is in compliance with AAMVA’s Mobile Driver License Implementation Guidelines and the ISO/IEC 18013-5 standard.
“Electronic credential system” or “system”, a digital process that includes a method for provisioning electronic credentials, requesting and transmitting electronic credential data elements and performing tasks to maintain the system.
“ISO”, the International Organization for Standardization, which creates uniform processes and procedures.
“Physical credential”, a credential issued by the registrar in its physical form.
“Provision”, the initial loading of an electronic credential onto a device.
“Relying party”, the entity to which the credential holder is presenting the electronic credential.
“Verification Process”, a method of authenticating the electronic credential through the use of secure encrypted communication.
(b)(1) The registrar shall establish an electronic credential system subject to the requirements of this section.
(2) The system shall require the registrar to issue an electronic credential to any individual who is otherwise eligible to hold a physical credential. The electronic credential shall be issued in addition to, and not instead of, a physical credential. The data elements used to build an electronic credential shall match the data elements used by the registrar for that individual’s physical credential.
(3) An electronic credential shall be valid for a specific period of time, to be established by the registrar.
(4) The registrar may contract with 1 or more entities to develop and maintain the electronic credential system.
(5) The registrar may enter into an agreement or contract with another department of the commonwealth, another state, the United States or a third party to facilitate the issuance, use or verification of an electronic credential issued under the system.
(6) An electronic credential issued by the registrar shall be in accordance with the most recent AAMVA standards.
(7) The registrar may assess a fee for the application and provision of an electronic credential.
(c) The registrar shall ensure that the: (i) electronic credential data and the verification process complies with all data security and privacy protection laws of the commonwealth and the United States; and (ii) verification process requires the relying party to: (A) authenticate electronic credentials in accordance with applicable AAMVA standards prior to acceptance of the electronic credential; and (B) request only electronic credential data elements that are necessary to complete the transaction for which that data is being requested.
(d)(1) Relying parties shall only retain electronic credential data elements for which the relying party explicitly obtained consent from the electronic credential holder. Relying parties shall inform the electronic credential holder of the use and retention period of the electronic data elements.
(2) The electronic credential system shall be designed to maximize the privacy of the credential holder in accordance with state and federal law and shall not track or compile information without the credential holder’s consent. The registrar shall only compile or disclose information regarding use of the credential as required by state or federal law.
(e)(1) The electronic credential holder shall be required to have their physical credential on their person while operating a motor vehicle.
(2) The electronic credential system shall be designed so that there is no requirement for the electronic credential holder to display or relinquish possession of their mobile or electronic device to relying parties for the acceptance of an electronic credential.
(3) Upon request by law enforcement, an electronic credential holder shall provide their physical credential.
(4) Any law or regulation that requires an individual to surrender their physical credential to law enforcement shall not apply to the device on which an electronic credential has been provisioned.
(f)(1) The display of an electronic credential shall not serve as consent or authorization for a law enforcement officer, or any person, to search, view or access any other data or application on the mobile or electronic device. If a person presents a mobile or electronic device to a law enforcement officer for purposes of displaying an electronic credential, the officer shall promptly return the device to the person once the officer has had an opportunity to verify the identity of the person.
(2) Except for willful and wanton misconduct, any law enforcement office, court or officer of the court presented with a mobile or electronic device for purposes of displaying an electronic credential shall be immune from any liability resulting from damage to the mobile or electronic device.
(g) The registrar shall promulgate rules and regulations to implement this section.
And further amend the bill by inserting after section 109 the following section:-
SECTION 109A. The General Laws are hereby amended by inserting after chapter 93L the following chapter:-
Chapter 93M
Restraint of Trade in Film Exhibition
Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Booker” or “film buyer”, any person or entity that negotiates or contracts with a distributor for the licensing of motion pictures on behalf of an exhibitor.
“Circuit dealing”, the practice of licensing motion pictures to a theater chain or circuit for all or multiple geographic areas, rather than negotiating theater-by-theater on the individual merits of each location.
“Clearance”, an agreement, explicit or implicit, between a distributor and an exhibitor that grants the exhibitor exclusive rights to show a motion picture within a specific geographic zone, thereby restricting the distributor from licensing the same motion picture to rival exhibitors.
“Day-and-date”, the simultaneous exhibition of a motion picture by 2 or more exhibitors within the same geographic booking zone beginning on the same commercial release date.
“Distributor”, any entity engaged in the business of licensing or distributing motion pictures to exhibitors, including studios, independent distributors and their parent corporations.
“Exhibitor”, any person or entity engaged in the business of operating a movie theater for the public viewing of motion pictures.
“Independent exhibitor”, an exhibitor operating 3 or fewer theater locations within the commonwealth.
Section 2. It shall be an unfair method of competition and an unfair or deceptive act or practice under chapter 93A for any distributor or exhibitor engaged in circuit dealing to engage in practices that unreasonably restrain trade in film exhibition, including, but not limited to:
(i) granting or enforcing a clearance zone that covers an area broader than necessary to protect a legitimate, non-predatory business interest, or enforcing a blanket clearance that prevents an independent exhibitor from playing a film day-and-date; provided, that the independent exhibitor shall offer reasonable licensing terms and have adequate facility standards;
(ii) utilizing market power or circuit-wide bargaining power to coerce a distributor into denying licensing rights to a nearby independent exhibitor; and
(iii) arbitrarily refusing to license a commercial motion picture to an independent exhibitor when that motion picture is being licensed to more than 1,000 screens nationwide; provided, that the independent exhibitor shall agree to standard industry economic terms and hold-over protocols.
And further amend the bill by inserting after section 130 the following 6 sections:-
SECTION 130A. Section 81 of chapter 146 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Bureau” the following definition:-
“Direct supervision”, the physical on-site presence with the assigned apprentice and their supervising journeyman or fire protection sprinkler contractor, for the purpose of work on a fire protection sprinkler system.
SECTION 130B. Section 85A of said chapter 146, as so appearing, is hereby amended by striking out, in lines 2, 6, 7 and 8, the word “his” and inserting in place thereof, in each instance, the following word:- their.
SECTION 130C. Said section 85A of said chapter 146, as so appearing, is hereby further amended by striking out, in lines 4 and 7, the word “he” and inserting in place thereof, in each instance, the following word:- they.
SECTION 130D. Said section 85A of said chapter 146, as so appearing, is hereby further amended by striking out, in line 10, the word “him” and inserting in place thereof the following word:- them.
SECTION 130E. Said section 85A of said chapter 146, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- The ratio permitted shall be 1 licensed journeyman sprinkler fitter or fire protection sprinkler contractor for every apprentice sprinkler fitter on the jobsite.
SECTION 130F. Section 89 of said chapter 146, as so appearing, is hereby amended by inserting after the word “eighty-one”, in line 4, the following words:- , including sections 84 to 86, inclusive.
And further amend the bill by inserting after section 133 the following 4 sections:-
SECTION 133 1/4. Section 149M of chapter 175 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the definition of “Consumer” the following 3 definitions:-
“Consumer product”, any tangible personal property that is distributed in commerce and is normally used for personal, family or household purposes, including tangible personal property intended to be attached to or installed in any real property without regard to whether it is so attached or installed.
“Maintenance agreement”, a contract for regular maintenance.
“Motor vehicle manufacturer”, a person who: (i) manufactures, distributes or produces motor vehicles under the person’s own name or label; (ii) is a subsidiary of the person who manufactures, distributes or produces motor vehicles; (iii) is a corporation which owns 100 per cent of the corporation, association, partnership or other legal entity who manufactures, distributes or produces motor vehicles; or (iv) does not manufacture, distribute or produce motor vehicles but, pursuant to a written contract, licenses the use of its trade name or label to another person who manufactures, distributes or produces motor vehicles.
SECTION 133 1/2. Said section 149M of said chapter 175, as so appearing, is hereby further amended by striking out the definition of “Service contract” and inserting in place thereof the following definition:-
“Service contract”, a contract for a separately stated consideration and for a specific duration to perform the service, repair, replacement or maintenance of a consumer product, including, but not limited to, a motor vehicle, or indemnification for service, repair, replacement or maintenance for the operational or structural failure due to a defect in materials or workmanship or normal wear and tear, with or without additional provision for incidental payment or indemnity under limited circumstances, for related expenses, including, but not limited to, rental and food spoilage; provided, however, that a “service contract” for a motor vehicle shall include a contract or agreement sold for a separately stated consideration for a specific duration that provides for any of the following: (i) the repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards, including, but not limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs or composite scraps; (ii) the removal of dents, dings or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding or painting; (iii) the repair of small motor vehicle windshield chips or cracks which may include the replacement of the windshield for chips or cracks that cannot be repaired; or (iv) the replacement of a motor vehicle or key-fob in the event that the key or key-fob becomes inoperable or is lost or stolen.
SECTION 133 5/8. Section 149N of said chapter 175, as so appearing, is hereby amended by striking out, in line 108, the words “tangible personal property” and inserting in place thereof the following words:- consumer products.
SECTION 133 3/4. Said chapter 175 is hereby further amended by striking out section 149V, as so appearing, and inserting in place thereof the following section:-
Section 149V. (a) The following shall be exempt from sections 149M to 149W, inclusive: (i) warranties, service contracts or maintenance agreements provided by public utilities that are regulated by the department of telecommunications and cable or the Federal Communications Commission, or by an affiliate of such entity, covering customer wiring, transmission devices serviced by such public utility or warranting services provided by such public utility or its affiliate; (ii) mechanical breakdown insurance policies offered by insurers otherwise licensed and regulated pursuant to the laws and regulations of the commonwealth; (iii) warranties, service contracts or other agreements regarding automobiles under which a licensed motor vehicle dealer or an affiliate of a licensed motor vehicle dealer is obligated to perform; (iv) warranties offered by builders as part of a conveyance of real estate; (v) warranties on a product made by the manufacturer, importer or seller of the product; and (vi) maintenance agreements.
(b) Motor vehicle manufacturers and service contracts on the motor vehicle manufacturer’s products need only comply with subsection (f) of section 149N and sections 149P, 149Q, 149R and 149U, as applicable, and motor vehicle manufacturers offering service contracts on the motor vehicle manufacturer’s products shall be exempt from licensure under subsection (c) of section 149N and the requirements of subsection (d) of section 149N.
And further amend the bill by inserting after section 144 the following section:-
SECTION 144A. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital asset management and maintenance, on behalf of and in consultation with the board of trustees of the Massachusetts Maritime Academy, may lease, as tenant, real property comprising not less than 200,000 rentable square feet for the establishment and operation of a maritime workforce and education campus within a maritime industrial operating environment.
(b) The premises leased pursuant to this section shall: (i) be located within a designated port area established pursuant to chapter 91 of the General Laws; (ii) have direct frontage on, and access to, deep water navigable by oceangoing vessels; and (iii) include, or be served by, a graving dock in excess of 1,000 linear feet in length.
(c) The commissioner may enter into such lease for a term, including any extensions, not to exceed 50 years. The premises shall be used for the educational, training, research, workforce development and related purposes of the Massachusetts Maritime Academy and for other uses reasonably related thereto. The lease shall contain such terms and conditions, including as to consideration, as determined by the commissioner, in consultation with the board of trustees of the Massachusetts Maritime Academy. The commissioner may take such actions as are necessary or convenient to carry out this section without further compliance with the advertisement, proposal and competitive selection requirements otherwise applicable to the acquisition of real property by rental for the use of a state agency.
And further amend the bill by inserting after section 147A, inserted by Consolidated Amendment B, the following section:-
SECTION 147B. (a) There shall be a special legislative commission established to investigate and study the feasibility of establishing a statewide Massachusetts Caribbean American cultural center in the city of Boston.
(b) The commission shall investigate and study various methods for establishing a Massachusetts Caribbean American cultural center in the city of Boston, including, but not limited to, the creation of a nonprofit organization to oversee the construction and management of the Massachusetts Caribbean American cultural center. The commission shall consider the representation of the over 300-year history of Caribbeans in the commonwealth and shall evaluate the costs associated with each method.
(c)(1) The commission shall consist of the following members: 4 members of the house of representatives, 3 of whom shall be of Caribbean descent or represent a district with a significant population of Caribbean people, 2 of whom shall be appointed by the speaker of the house of representatives and 1 of whom shall be appointed by the house minority leader; 4 members of the senate, 3 of whom shall be of Caribbean descent or represent a district with a significant population of Caribbean people, 2 of whom shall be appointed by the senate president and 1 of whom shall be appointed by the senate minority leader; 1 person to be appointed by the mayor of the city of Boston; 1 person to be appointed by the governor; and not more than 20 members from across the commonwealth, whose appointments shall be determined by 3 members of the house of representatives and 3 members of the senate. The commission shall elect 2 co-chairs from among its members.
(d) All appointments to the commission shall be made not later than June 30, 2027.
(e) Not later than December 31, 2028, the commission shall submit its findings, including any recommendations for legislation, to the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on economic development.
And further amend the bill by inserting after section 148 the following section:-
SECTION 148A. (a) Upon implementation of the Massachusetts secure choice savings program established pursuant to section 64H of chapter 29 of the General Laws, inserted by section 40 1/2, the Massachusetts secure choice savings board established pursuant to section 64G of said chapter 29, inserted by said section 40 1/2, shall provide written confirmation to the department of revenue.
(b) Upon receipt of the notice pursuant to subsection (a), the department of revenue shall immediately make publicly available a notice informing employers of the requirements of the Massachusetts secure choice savings program. The notice shall inform employers that rather than enrolling employees in the program, employers may sponsor an alternative plan, including, but not limited to, a defined benefit plan, a 401(k) plan, a Simplified Employee Pension (SEP) plan or a Savings Incentive Match Plan for Employees (SIMPLE) plan.
(c) Notwithstanding section 64J of chapter 29 of the General Laws, inserted by section 40 1/2, no penalty shall be assessed against an employer for noncompliance with section 64I of said chapter 29, inserted by said section 40 1/2, until 1 year after the department of revenue issues the notice required pursuant to subsection (b).
And further amend the bill by inserting after section 152 the following section:-
SECTION 152A. The regulations required under subsection (g) of section 8O of chapter 90 of the General Laws, inserted by section 107A, shall be promulgated within 270 days after passage of this act.
And further amend the bill by adding the following section:-
SECTION 165. Section 107A shall take effect 270 days after passage of this act.