Consolidated Amendment "D" to H5562

Consolidated Amendment D

Fiscal Note: $0

Amendments: 1, 2, 3, 5, 7, 11, 15, 18, 20, 22, 23, 24, 74, 80, 84, 85, 94, 96, 99, 100, 108, 109, 112, 126, 138, 153, 162, 163, 164, 166, 172, 177, 178, 188, 189, 190, 192, 195, 211, 212, 222, 232, 237, 239, 241, 259, 260, 265, 268, 269, 270, 271, 273, 274, 276, 277, 278, 279, 280, 281, 282, 285, 291, 297, 300, 301, 303, 304, 305, 306, 308, 310, 317, 321, 325, 328, 329, 346, 351, 372, 376, 378, 386, 408, 409, 414, 424, 428, 429, 432, 443, 449, 457, 460, 470, 471, 482, 490, 495, 496, 497, 503, 504, 512, 518, 519, 523, 525, 527, 535, 536, 556, 585, 586, 590, 594, 597, 612, 623, 627, 634, 639, 640, 641, 652, 661, 673, 675, 676, 678, 679

Mr. Michlewitz of Boston and others move to further amend the bill in section 40 1/4, inserted by Consolidated C, by adding the following section:-

 Section 2QQQQQQ. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Transition Age Youth Services Matching Fund. The purpose of the fund shall be to increase access of transition-aged youth to high quality, evidence- and community-based services that have undergone a rigorous evaluation and have been rated by a third-party clearinghouse by incentivizing private investment in such services. The secretary of health and human services shall administer the fund and shall expend money from the fund, without further appropriation, in the form of matching grants for evidence-based services for youth aging out of care or services from the executive office of health and human services and its constituent agencies. Youth served through the fund shall: (i) be not less than 17 years of age and not more than 23 years of age; (ii) have been, but at the time of service provision may or may not still be, under the care of executive office of health and human services or 1 or more of its constituent agencies; and (iii) be housing insecure or at risk of experiencing homelessness based on risk factors, including, but not limited to, previous experience in the foster care system, couch-surfing, unemployment and other indicators of lack of economic stability or life skills that could result in homelessness. Money in the fund shall only be expended to match private or philanthropic funding pursuant to subsection (b).

 (b) No expenditure from the fund shall be made unless it is accompanied by a commitment of a corresponding private matching reimbursement to the fund to increase access to such services. Qualifying matching reimbursement shall be: (i) not less than 100 per cent of the corresponding expenditure from the fund during the first 2 fiscal years after the establishment of the fund; (ii) not less than 70 per cent of the corresponding expenditure from the fund during the subsequent fiscal year; (iii) not less than 40 per cent of the corresponding expenditure from the fund during the subsequent 2 fiscal years; and (iv) not less than a percentage of the corresponding expenditure from the fund set by the secretary thereafter, which shall not exceed 40 per cent of the corresponding expenditure from the fund.

 (c) There shall be credited to the fund: (i) any appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; (iii) money transferred to the fund by the executive office or its constituent agencies pursuant to subsection (e); (iv) interest earned on any money in the fund; and (v) any other grants, premiums, gifts, reimbursements or other contributions received by the commonwealth from any source for or in support of the purposes described in subsection (a).

 (d) Amounts credited to the fund may be expended without further appropriation. The secretary may incur expenses and the comptroller may certify for payment amounts in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund that shall cause the fund to be deficient at the close of a fiscal year. Any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in a subsequent fiscal year.

 (e) Notwithstanding any special or general law to the contrary, for the purposes of increasing the total amount of private matching expenditures pursuant to this section, the commissioner of mental health, the commissioner of youth services, the commissioner of children and families, the commissioner of public health, the director of the division of medical assistance and the secretary may transfer into the fund money appropriated to other accounts that otherwise would be expended to pay for services to assist transition-aged youth with living successful, independent lives as they age out of state care or services; provided, however, that the secretary shall notify the house and senate committees on ways and means of any such transfer.

 (f) Annually, not later than October 1, the secretary shall report on the fund’s activity to the chairs of the joint committee on children, families and persons with disabilities, the joint committee on the judiciary, the joint committee on mental health, substance use and recovery, and the house and senate committees on ways and means. The report shall include, but shall not be limited to: (i) revenue received by the fund and the source of such revenue; (ii) expenditures from the fund, including the recipient, matching commitment, date and purpose of the expenditure; (iii) the number of transition-aged youth served through expenditures from the fund and their corresponding match; and (iv) youth outcomes at discharge for educational attainment, employment and living situations.

 And further amend the bill by inserting after section 90 the following section:-

 SECTION 90 1/4. Section 3A of said chapter 70B, as so appearing, is hereby amended by striking out, in line 7, the figure “17” and inserting in place thereof the following figure:- 19.

 SECTION 90 1/2. Said section 3A of said chapter 70B is hereby further amended by inserting after the word “Inc.”, in line 21, the following words:- , Massachusetts Association of Vocational Administrators, Inc., Alliance for Vocational Technical Education.

And further amend the bill by inserting after section 109A, inserted by Consolidated Amendment C, the following 3 sections:-

SECTION 109B. Section 26 of chapter 101 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “one year” and inserting in place thereof the following words:- 5 years.

SECTION 109C. Said section 26 of said chapter 101, as so appearing, is hereby further amended by inserting after the word “date”, in line 6, the following words:- ; provided, that the certificate required to be signed by the chief of police of the city or town in which the applicant resides, pursuant to section 22, shall continue to be furnished by the applicant to the deputy director on an annual basis.

SECTION 109D. Chapter 111 of the General Laws is hereby amended by inserting after section 2K the following section:-

Section 2L. (a) There shall be a Medical Psychedelics Fund. The commissioner shall administer the fund to support the pilot program established in subsection (b). There shall be credited to the fund money received from public and private sources to support the pilot program. Amounts credited to the fund shall not be subject to further appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years. Annually, not later than January 1, the commissioner shall report on the activities of the fund to the clerks of the house of representatives and the senate and to the chairs of the house and senate committees on ways and means. The report shall include: (i) an accounting of money received by the fund broken down by funding source; (ii) a description of the use of funds for the purpose of the pilot program; (iii) an accounting of money expended from the fund broken down by recipient; and (iv) the amount of any unexpended balance.

(b) The department shall establish a pilot program to allow for the monitored mental health care of clinically appropriate patients using naturally occurring psychedelic materials as defined by the department for on-site administration by a multi-disciplinary care team in a supervised licensed mental health clinic setting. The department shall issue pilot program permits to not more than 3 licensed mental health clinic facilities to participate in the pilot program for the purposes of establishing the best and safest clinical practices for psychedelic mental health treatment programs in the commonwealth and for the purposes of collecting patient outcomes data regarding the benefits of psychedelic pharmacotherapy. Authorization shall be given to clinics licensed to provide mental health services as defined by the department of public health. Eligible pilot program organizations shall exclusively focus operations and treatment on mental health and shall not be subsidiaries, affiliates or members of cannabis industry organizations, psychedelic molecule development companies or pharmaceutical companies.

(c) The department shall promulgate rules and regulations necessary for the operation of a supervised psychedelic pilot in a clinical setting, including, but not limited to, establishing a process to apply for participation in the pilot program. The regulations shall include, but shall not be limited to: (i) the definitions and standards for clinic participation; (ii) the process of initial patient assessment and ongoing monitoring; (iii) the composition of the clinical staff and the role of a licensed physician to oversee the program; (iv) the process of ensuring coordination and medical management of psychiatric medications with prescribers outside of the participating outpatient clinical pilot; and (v) the process of storing, dispensing and administrating psychedelics within the participating pilot. The department shall establish by regulation all standards and requirements governing the production and cultivation of naturally occurring psychedelic materials necessary for the pilot program, including, but not limited to, producer licensing and operations.

(d) Section 2 of chapter 94C, including psilocybin and psilocin as Schedule I controlled substances, shall not apply to the medical use of psilocybin and psilocin as provided under the pilot program and regulations promulgated hereunder. A licensed mental health clinic facility, designated participant, licensed clinical staff member or patient acting in compliance with the pilot program and regulations promulgated hereunder shall not be subject to arrest, prosecution or civil or professional penalty under state law for activities expressly authorized under the pilot program. A licensed health care practitioner shall not be subject to professional discipline or loss of licensure solely for issuing a written certification under the pilot program, recommending participation in the program to a patient or providing medical services authorized under the program.

(e) The department shall coordinate with research institutions, as it deems appropriate, to facilitate, expand and expedite federally-authorized research on psychedelic-assisted therapies, including, but not limited to, psilocybin, ibogaine, 5-methoxy-n,n-dimethyltryptamine, and 3,4-methylenedioxymethamphetamine, in the commonwealth, including efforts to pursue federal approvals and available state and federal funding in compliance with applicable federal regulations.

(f) All pilot program participant organizations shall track patient care outcomes data related to the identification, diagnosis and psychedelic treatment of depression, anxiety, post-traumatic stress disorder and substance use disorder. These data sets shall be shared with the department of public health to assist in the refinement of best clinical protocols and final regulatory frameworks for the safe use of psychedelic material in the commonwealth.

SECTION 109E. Section 2L of chapter 111 is hereby repealed.

And further amend the bill by inserting after section 120H, inserted by Consolidated Amendment A, the following 6 sections:-

SECTION 120I. Section 131 of said chapter 112, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words “; has passed an examination prepared by the board for this purpose”.

SECTION 120J. Said section 131 of said chapter 112 is hereby further amended by striking out the first paragraph, as amended by section 120I, and inserting in place thereof the following paragraph:-

Any individual desiring to obtain a license as a certified social worker shall make application therefor to the board upon such form and in such manner as the board shall prescribe and shall furnish evidence satisfactory to the board that he has received a doctorate or master's degree in social work from an accredited educational institution; has passed an examination prepared by the board for this purpose; and will conduct his professional activities as a certified social worker in accordance with generally accepted professional standards.

SECTION 120K. Section 132 of said chapter 112, as appearing the 2024 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words “Examinations for licensed certified social workers, including those in independent clinical practice” and inserting in place thereof the following words:- Examinations for licensed independent clinical social workers.

SECTION 120L. Said section 132 of said chapter 112 is hereby further amended by striking out the words “Examinations for licensed independent clinical social workers”, inserted by section 120K, and inserting in place thereof the following words:- Examinations for licensed certified social workers, including those in independent clinical practice.

SECTION 120M. Said chapter 112 is hereby further amended by inserting after section 135C the following section:-

Section 135D. (a) To ensure a stable, diverse workforce of licensed social workers in the commonwealth and to provide for increased support and retention of practicing licensed social workers, the executive office of health and human services shall establish and administer a field placement grant program. The program shall, subject to appropriation, provide grant funding to designated recipients with a specific focus on recruiting and retaining students obtaining a master’s of social work from historically marginalized communities and low-income communities. Funds to establish this program shall be allocated from state, federal or other dedicated resources, including, but not limited to, existing trust funds.

(b) Eligible applicants shall attend a school of social work master’s program located in the commonwealth and accredited by the Council on Social Work Education.

(c) The executive office of education shall collaborate with eligible institutions of higher education to track applicant data, including application details submitted, and evaluate the program’s efficacy and equity.

(d) The executive office of health and human services shall promulgate regulations outlining eligibly criteria and establishing stipend amounts.

SECTION 120N. Section 136 of said chapter 112, as appearing in the 2024 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:-

Licensed independent clinical social workers engaged in independent clinical practice who provide 1-on-1 supervision to a licensed certified social worker, licensed social worker, master’s of social work intern or bachelor’s of social work intern, shall be eligible to receive up to 8 continuing education credits during a licensing period.

 And further amend the bill by inserting after section 121 the following section:-

 SECTION 121A. Chapter 118E of the General Laws is hereby amended by inserting after section 67A the following section:-

Section 67B. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Ambulance service”, as defined in section 1 of chapter 111C.

“Executive office”, the executive office of health and human services.

“Public ambulance service”, ambulance services that are provided by a city or town, county, district or other governmental body and are licensed pursuant to section 6 of chapter 111C. 

(b) The executive office shall implement voluntary programs to increase funding to public ambulance services, including, but not limited to, intergovernmental transfer programs, as authorized under section 1903(w)(6) of the federal Social Security Act, 42 CFR 433.51.

(c) Any additional funds received by public ambulance services pursuant to subsection (b) shall not be used to replace other payment commitments between public ambulance services and the commonwealth.

And further amend the bill in section 122 by striking out, in line 1417, the words “so appearing” and inserting in place thereof the following words:- appearing in the 2024 Official Edition.

And further amend the bill by inserting after section 129A, inserted by Consolidated B, the following 6 sections:-

SECTION 129B. Chapter 128A of the General Laws is hereby amended by inserting after section 5C the following section:-

 Section 5D. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

 “Historical horse race”, any horse race, whether running horse or harness, that was: (i) previously conducted at a licensed pari-mutuel facility; (ii) concluded with official results; and (iii) concluded without scratches, disqualifications or dead-heat finishes.

 “Pari-mutuel method of wagering”, a method of wagering in which those who wager on horses that finish in the position or positions for which wagers are taken share in the total amounts wagered, plus any amounts provided by a licensee, which may include, a nonrefundable contribution to serve as a seed or guarantee and in which a totalizator or similar mechanical equipment calculates pari-mutuel pools and payouts associated with each winning wager; provided, that a wager placed on a historical horse racing terminal certified as a pari-mutuel terminal by an independent testing laboratory shall also be considered a pari-mutuel wager.

 “Racing licensee”, a person licensed by the commission under this chapter to conduct a live horse racing meeting or a running horse racing licensee or greyhound meeting licensee that conducted simulcast wagering during calendar year 2025, as authorized by law.

 (b) A racing licensee shall be eligible to accept pari-mutuel wagers on historical horse races; provided, that such wagers are accepted at a facility at which the racing licensee conducts its in-person wagering activities pursuant to this chapter or chapter 128C or through account wagering offered by the licensee or its approved account wagering service providers pursuant to section 5C. Wagering on historical horse races under this section shall be deemed to be pari-mutuel wagering on horse races under chapters 128A and 128C for purposes of the tenth clause of section 7 of chapter 4.

 (c) The commission shall authorize wagers on historical horse races, whether on an electronic gaming device or otherwise; provided, that the wagers shall meet the requirements of this section.

 (d) Wagering on historical horse races may take place on electronic gaming devices; provided, that: (i) all wagers use the pari-mutuel method of wagering; (ii) the licensee may operate a number of terminals it chooses; (iii) the terminal shall make available true and accurate past performance information on each historical horse race prior to the patron making the patron’s selection; (iv) the terminal shall display a replay of each race, or a portion thereof, whether digital, animated, or by way of a video recording, and the official results of each race, and the identity of each race shall be revealed to the patron after the patron has placed the patron’s wager; (v) the outcome of each wager is based solely on the outcome of the historical horse race or races; (vi) no random elements shall determine the outcome of the patron’s wager; (vii) the terminals shall have been tested by Gaming Laboratories International, LLC, another independent testing laboratory approved by the commission, or the commission’s technical compliance unit to ensure integrity and proper working order; and (viii) each licensee shall submit a responsible gaming plan to the commission for review and approval prior to activating any historical horse race terminal, and every year thereafter. Each plan shall include, but shall not be limited to: (A) identification of postings and materials related to problem gaming to be made available to patrons expressing concerns about problem gaming; (B) house-imposed player limits; and (C) self-exclusion plans.

 (e) Racing officials or any employee or owner of the entity that provides the totalizator system to the licensee, and any person responsible for the operation of the electronic reproduction equipment which operates the historical horse races and wagering, shall be prohibited from participating in wagering, directly or indirectly, on historical horse races offered at the licensee’s facility.

 (f) The wagering pool for a historical horse race shall be paid out as follows:

 (1) The licensee shall pay the following amounts from the pool, which amounts shall not be considered part of the licensee’s takeout: (i) 2.5 per cent of handle to the commonwealth as an excise, which shall be transferred to the Health Safety Net Trust Fund established in section 66 of chapter 118E; provided, however, that: (A) within 30 days of the commencement of operations accepting wagers on historical horse racing, the licensee shall make a nonrefundable payment of $25 million to the commonwealth that shall be a prepayment of the first $25 million of excise payable under this paragraph during the fiscal year of the commonwealth in which such operations commence; (B) not later than July 15 of the fiscal year of the commonwealth following the fiscal year in which such operations commence, the licensee shall make a nonrefundable payment of $50 million to the commonwealth that shall be a prepayment of the first $50 million of excise payable under this paragraph during such following fiscal year; and (C) with respect to the payments under clauses (A) and (B), the licensee shall pay any additional excise due under this paragraph once the credit established by the prepayment is exhausted and the licensee shall not be entitled any refund or carryover credit in the event the credit is not exhausted during the fiscal year for which it is paid; (ii) 0.25 per cent of handle to the host community of its facility for mitigation; and (iii) 0.25 per cent of handle divided as follows: (a) 0.1875 per cent of handle shall be dedicated to purses for, in the case of a live racing licensee, live horse races that it conducts and, in the case of a running horse racing licensee that conducted simulcast wagering during calendar year 2025, for live running horse races conducted in the commonwealth or to its recognized running horsemen’s association as purses and, in the case of a greyhound racing licensee that conducted simulcast wagering during calendar year 2025, for live running horse or harness races conducted in the commonwealth as allocated by the commission; and (b) 0.0625 per cent of handle shall be dedicated to the breeders of, in the case of a live racing licensee, the type of horses that run in the live races it conducts and, in the case of a running horse racing licensee that conducted simulcast wagering during calendar year 2025, for breeders of running race horses and, in the case of a greyhound racing licensee that conducted simulcast wagering as during calendar year 2025, for breeders of running race horses or harness races horses as allocated by the commission;

 (2) the licensee shall be entitled to a takeout from the remainder of the pool determined as a percentage of handle provided that the total amount of the takeout and the amounts paid pursuant to paragraph (1)shall not exceed the maximum takeout for wagers on live horse races established pursuant to section 5; and

 (3) the licensee shall return to the winning patrons the balance of the pool.

 (g) In addition to the takeout, the licensee shall be entitled to retain the breaks. In the event the commission imposes an assessment on the licensee in connection with the costs of regulating wagering on historical horse races, the licensee may retain an additional amount of handle sufficient to pay the assessment.

 (h) Licensees offering wagering on historical horse races shall be authorized to offer promotional wagering credits to patrons for placing wagers on historical horse races at the licensees facility or through account wagering offered by the licensee or its approved account wagering service providers pursuant to section 5C. Wagers placed using promotional wagering credits shall not be considered part of the licensee’s handle for historical horse wagering pari-mutuel pool for purposes of subsection (f) of section 3.

 SECTION 129C. Section 9 of said chapter 128A, as appearing in the 2024 Official Edition, is hereby by inserting after the words “section 5C,”, in line 16, the following words:- or wagering on historical horse races, as provided in section 5D.

 SECTION 129D. Said section 9 of said chapter 128A, as so appearing, is hereby further amended by inserting after the fourth paragraph the following paragraph:-

 Notwithstanding any general or special law to the contrary, in regulating wagering on historical horse races as authorized by section 5D and the facilities in which the wagering is to be conducted, the commission shall take into account the cost to licensees of regulation relative to the net revenue to be generated by the wagering, the amount of cash to be handled at the facility and the risks imposed by the wagering. The economic and operational burdens of the commission’s regulations shall be consistent with, and not greater than, those that it has historically applied in the commonwealth pursuant to 205 CMR 6.00 and 205 CMR 7.00 with respect to pari-mutuel wagering, including account wagering under section 5C. In determining the appropriate level of regulation of wagering on historical horse racing, the commission shall review the manner and extent to which other states regulate wagering on historical horse racing at facilities that are separate from casinos, including, but not limited to, with respect to surveillance.

 SECTION 129E. The second paragraph of section 11C of said chapter 128A, as so appearing, is hereby amended by inserting, after the first sentence, the following sentence:- It shall not be considered an undesirable concentration of ownership of racing facilities if 1 or more persons owns, directly or indirectly, some or all of 2 or more racing licensees none of which conducts lives races.

 SECTION 129F. Chapter 138 of the General Laws is hereby amended by inserting after section 19G the following section:-

 Section 19G½. (a) For the purposes of this section, the word “endorsement” shall, unless the context clearly requires otherwise, mean a shared manufacturing and packaging endorsement.

 (b) Notwithstanding any provision of this chapter to the contrary, any person, partnership or entity holding 2 or more manufacturing licenses issued pursuant to this chapter, including, but not limited to, licenses issued under sections 19, 19B, 19C and 19E, may apply to the commission for an endorsement, authorizing the use of common manufacturing, processing, packaging, bottling, canning, labeling, storage and related equipment for products produced under such licenses.

 (c) The annual fee for an endorsement issued pursuant to subsection (b) shall be $1,000.

 (d)(1) A holder of an endorsement may utilize shared equipment for the production, processing, packaging, bottling, canning, labeling and storage of products authorized under such licenses; provided, that the licensee shall comply with all applicable federal and state laws and regulations. The commission shall not require separate manufacturing or packaging equipment solely because products are produced pursuant to different manufacturing licenses held by the same person, partnership or entity and operating under an endorsement.

 (2) The holder of an endorsement shall maintain records sufficient to demonstrate compliance with all applicable federal and state laws and regulations, tax obligations, production requirements and product traceability standards. Such records shall include production schedules and documentation identifying which licensed activity is being conducted during use of shared equipment pursuant to the endorsement. Nothing in this section shall be construed to permit the commingling of products where otherwise prohibited by federal or state law, nor to alter any federal permitting requirements administered by the Federal Alcohol and Tobacco Tax and Trade Bureau.

 (e) The commission may promulgate rules and regulations governing sanitation procedures, recordkeeping requirements, operational controls, production scheduling and other standards as necessary to administer this section. Penalties for noncompliance with this section shall be governed by section 64 and shall be applicable to all manufacturing licenses held by the person, partnership or entity that is not compliant.

SECTION 129G. Said chapter 138 is hereby further amended by inserting after section 25E¾ the following section:-

Section 25E 7/8. A “successor supplier” shall mean any person or entity who directly or indirectly acquires the right or obligation to sell an item with a brand name to a wholesaler licensed in the commonwealth. A successor supplier shall acquire such rights or obligations subject to section 25E. All sales of a brand name item made to a licensed wholesaler prior to succession shall be attributed to the successor supplier for the purposes of determining whether 6 months of regular sales exist pursuant to section 25E.

 SECTION 129H. Section 33 of said chapter 138, as appearing in the 2024 Official Edition, is hereby amended by striking out, in line 13, the figure “10:00” and inserting in place thereof the following figure:- 8:00.

 And further amend the bill by inserting after section 130F, inserted by Consolidated Amendment C, the following 4 sections:-

 SECTION 130G. Section 27B of chapter 149 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

 For any offsite fabrication work subject to this section, the contractor, subcontractor or public body shall include a section in their weekly certified prevailing wage records that provides: (i) the name and address of the manufacturer, shop or other type of prefabrication facility where the fabrication work was performed; and (ii) the name, address and occupational classifications of each mechanic, apprentice, laborer or other employee employed in the performance of such work, the hours worked by, and wages paid to, each such employee.

 SECTION 130H. Section 27D of said chapter 149, as so appearing, is hereby amended by adding the following 2 paragraphs:-

 For the purposes of this section, the words “construction” and “constructed” shall include offsite fabrication work for any project covered by this section. For such offsite fabrication work, the wage required pursuant to this chapter shall be paid for such work and the requirements of section 27B shall apply to such work, including, but not limited to, weekly submission of certified payroll records and an accompanying statement made under penalties of perjury. Penalties provided under section 27C shall apply to such work.

 For the purposes of the preceding paragraph, the term “offsite fabrication” shall mean products or items that are: (i) produced specifically for a qualified project; (ii) considered to be non-standard, custom fabricated items, not generic products readily available for any project; and (iii) produced at an offsite location that are part of plumbing, electrical, mechanical and sheet metal systems, including, but not limited to, piping, fixtures, equipment, wirings, ductwork and other component or parts of such systems but shall not include any other work other than work that is part of plumbing, electrical, mechanical and sheet metal systems. Nothing in the definition of “offsite fabrication” shall restrict application of section 26 or prevent the commonwealth, or a county, town, authority or district thereof, contracting for the construction of public works from giving preference to offsite fabrication performed at an offsite location within a specific geographical area.

SECTION 130I. The definition of “Occupation” in section 2 of chapter 151 of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Occupation shall also not include: (i) outside sales work regularly performed by outside salesmen who regularly sell a product or products away from their employer’s place of business and who do not make daily reports or visits to the office or plant of their employer; or (ii) work performed by individuals who have entered into contracts to play baseball at the minor league level and who are compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions.

 SECTION 130J. Section 15 of said chapter 151, as so appearing, is hereby amended by adding the following sentence:- The requirement in this section to keep a true and accurate record of the hours worked each day and each week by each employee shall not apply to any individual who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions.

 And further amend the bill in section 131 by inserting after the figure “(e).”, in line 1466, the following subsection:-

 (g) Notwithstanding the fees set forth in subsection (d), if a limited liability company is a micro business, as defined in subsection (a) of section 69 of chapter 23A, then the fee for the filing of the certificate of organization required by subsection (a) shall be $100 and the fees for the filing of the annual report required by subsection (c) shall be $200 for the first annual report and $300 for the second annual report and for each annual report filed thereafter. Such fees shall be paid to the state secretary at the time the certificate of organization or the annual report is filed.

And further amend the bill in section 131B, inserted by Consolidated Amendment B, by striking out the definition of “owner” and inserting in place thereof the following definition:-

“Owner”, any distribution company, utility or other entity that is legally responsible for the installation, maintenance or removal of a pole.

And further amend the bill in section 131B, inserted by Consolidated Amendment B, by striking out subsection (b) to (f), inclusive, and inserting in place thereof the following:-

(b)(1) There shall be a permanent working group on double poles that shall consist of the following members: the commissioner of telecommunications and cable, or their designee, who shall serve as co-chair; the chair of the department of public utilities, or the chair’s designee, who shall serve as co-chair, the secretary of administration and finance, or their designee; ; a representative of a municipal light board of commissioners or their designee; the chairs of the joint committee on municipalities and regional government; the chairs of the joint committee on telecommunications, utilities and energy or their designees; 1 member to be appointed by the minority leader of the house of representatives; 1 member to be appointed by the minority leader of the senate; 3 members to be appointed by the governor, all of whom shall be municipal officials; 1 representative of each utility pole owner; 1 utility owner that is a telecommunications provider; 1 utility pole attacher that is a cable company; the executive director of the New England Connectivity & Telecommunications Association, Inc. or their designee; and the executive director of the Massachusetts Municipal Association, Inc. or their designee.

 (2) The working group shall meet not less than 4 times per year and shall promote collaboration between stakeholders involved in attachment transfers and serve as an informational resource.

(3) Investigating and studying the feasibility of: (A) increasing participation, utilization, improving functionality of the utility pole database and identifying solutions to resolve communication issues among all parties; (B) exploring enhancements to the utility pole database which result in greater efficiency and less delay

 (4) Annually, not later than March 30, the working group shall file a report on double pole and attachment transfer activity in the commonwealth during the previous calendar year to the clerks of the house of representatives and the senate; the house and senate committees on ways and means; the chairs of the joint committee on municipalities and regional government and the chairs of the joint committee on telecommunications, utilities and energy. The report shall include, but shall not be limited to: (i) the number and status of double poles and attachments in each municipality; (ii) the length of time the double poles have existed; (iii) the length of time attachments have been pending next to transfer; (iv) the stakeholders responsible for delays in double pole resolution; (v) any programs established by the department of public utilities or the department of telecommunications and cable to resolve double poles concerns; and (vi) the success of any programs pursuant to clause (v). The department of public utilities and the department of telecommunications and cable shall publish the report on their websites.

And further amend the bill by inserting after section 133 the following 3 sections:-

 SECTION 133AA 1/4. 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 the limited lines travel insurance producer’s compliance with the travel insurance laws, rules and regulations.

 “Limited lines travel insurance producer”, a: (i) managing general agent or third-party administrator; (iii) 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 the application, collecting premiums.

 “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 actions that would otherwise cause it to be considered a travel administrator are among 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 as defined in section 1 of chapter 175M.

 “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 may authorize a limited lines travel insurance producer to sell, solicit or negotiate travel insurance through a licensed insurer. No person shall 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 and 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 registered 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; and

 (vi) the limited lines travel insurance producer shall require 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 other provision in law, 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, meeting the conditions stated in this section, may receive related compensation, 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.

 SECTION 133AA 1/2. The General Laws are hereby further amended by inserting after chapter 175M the following chapter:-

Chapter 175N

TRAVEL INSURANCE

 Section 1. (a) The purpose of this chapter shall be to promote the public welfare by creating a comprehensive legal framework within which travel insurance may be sold in the commonwealth.

 (b) The requirements of 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 are delivered or issued for delivery in the commonwealth. This chapter shall not apply to cancellation fee waivers or travel assistance services, except as expressly provided herein.

 (c) All other applicable provisions of the commonwealth’s insurance laws shall continue to apply to travel insurance except 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. A cancellation fee waiver shall not be 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, 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 state’s premium tax provisions in section 3 of 1 or more associations meeting the requirements of clause (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) preschools, daycare institutions for children or adults and senior citizen clubs;

 (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, shall be the policyholder under a policy to which this section 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”, as defined section 162Z of chapter 175.

 “Offer and disseminate”, as defined in section in section 162Z of chapter 175.

 “Primary certificate folder”, an individual person who elects and purchases travel insurance under a group policy.

 “Primary policyholder”, an individual person who elects and purchases individual travel insurance.

 “Travel administrator”, as defined in section 162Z of chapter 175.

 “Travel assistance services”, non-insurance services for which the consumer is not indemnified based on a fortuitous event, and where providing the service shall not result in transfer or shifting of risk that would constitute the business of insurance. Travel assistance services include, but shall not be limited to: security advisories, destination information, vaccination and immunization information services, travel reservation services, entertainment, activity and event planning, translation assistance, emergency messaging, international legal and medical referrals, medical case monitoring, coordination of transportation arrangements, emergency cash transfer assistance, medical prescription replacement assistance, passport and travel document replacement assistance, lost luggage assistance, concierge services and any other service that may be furnished in connection with planned travel. Travel assistance services shall not be insurance and not 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 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 in 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 in 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 the commonwealth’s laws regarding the sale and marketing of travel insurance and travel protection plans, the provisions of 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 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 section 162Z of 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 travel insurance 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 shall have 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 shall 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 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 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 provisions of this chapter, no person shall act or represent itself as a travel administrator for travel insurance in this state unless that person is a: (i) licensed property and casualty insurance producer in this state for activities permitted under that producer license; (ii) managing general agent in the commonwealth; or (iii) third-party administrator 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 or 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 said standards shall meet the state’s underwriting standards for inland marine.

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

 SECTION 133AA 3/4. Section 1 of chapter 176J of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out the definition of “Health benefit plan” and inserting in place thereof the following definition:-

 “Health benefit plan”, any individual, general, blanket or group policy of health, accident and sickness insurance issued by an insurer licensed under chapter 175; an individual or group hospital service plan issued by a non-profit hospital service corporation under chapter 176A; an individual or group medical service plan issued by a nonprofit medical service corporation under chapter 176B; and an individual or group health maintenance contract issued by a health maintenance organization under chapter 176G. Health benefit plans shall not include: accident only, credit only, limited scope vision or dental benefits if offered separately; hospital indemnity insurance policies that provide a benefit to be paid to an insured or a dependent, including the spouse of an insured, on the basis of a hospitalization of the insured or a dependent, that are sold as a supplement and not as a substitute for a health benefit plan and that meet any requirements set by the commissioner by regulation; disability income insurance; coverage issued as a supplement to liability insurance; specified disease insurance that is purchased as a supplement and not as a substitute for a health plan and meets any requirements the commissioner by regulation may set; insurance arising out of a workers’ compensation law or similar law; automobile medical payment insurance; insurance under which benefits are payable with or without regard to fault and which is statutorily required to be contained in a liability insurance policy or equivalent self insurance; long-term care if offered separately; coverage supplemental to the coverage provided under 10 U.S.C. 55 if offered as a separate insurance policy; or any policy subject to chapter 176K or any similar policies issued on a group basis, Medicare Advantage plans or Medicare Prescription drug plans. A health plan issued, renewed or delivered within or without the commonwealth to an individual who is enrolled in a qualifying student health insurance program under section 18 of chapter 15A shall not be considered a health plan for the purposes of this chapter and shall be governed by said chapter 15A. The commissioner may by regulation define other health coverage as a health benefit plan for the purposes of this chapter.

And further amend the bill by inserting after section 133A, inserted by Consolidated Amendment A, the following 3 sections:-

 SECTION 133A1/4. Chapter 270 of the General Laws is hereby amended by adding the following section:-

 Section 30. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

 “Department”, the department of public health.

 “Food”, a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption.

 “Kratom product”, a food product or dietary ingredient containing any part of the leaf of the Mitragyna speciosa plant, or a kratom extract, manufactured as a food, powder, capsule, pill, beverage or other edible product, including, but not limited to, any material, compound, mixture or preparation containing kratom.

 “Kratom retailer”, a person or entity who sells maintains or distributes kratom or advertises, represents or holds itself out as selling, maintaining or distributing kratom products.

 “Manufacture”, the production, preparation, compounding or processing of a kratom product, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; provided, that manufacture shall include, but shall not be limited to, any packaging or repackaging of a kratom product or labeling or relabeling of its container.

 (b) A kratom retailer shall not sell, distribute or offer for sale a kratom product without a label clearly stating: (i) the name and address of its manufacturer; (ii) a full list of its ingredients; and (iii) directions for its safe and effective use, including the recommended serving size.

 (c) A kratom retailer shall not distribute, advertise, sell or offer for sale:

 (i) a kratom product that is contaminated with a dangerous non-kratom substance; provided, that a kratom product shall be considered to be contaminated with a dangerous non-kratom substance if the kratom product contains a poisonous or otherwise deleterious non-kratom ingredient, including, but not limited to, a controlled substance or controlled substance analogue as both are defined in section 1 of chapter 94C;

 (ii) a kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2 per cent of the overall alkaloid composition of the product; or

 (iii) a kratom product containing any synthetic alkaloids including synthetic mitragynine, synthetic 7-hydroxymitragynine or any other synthetically derived compounds of the kratom plant.

 (d) A kratom retailer shall not knowingly distribute, sell or offer for sale any kratom product to an individual under 21 years of age.

 (e) A kratom retailer who violates subsection (b) or subsection (c) shall be subject to an administrative fine of not more than $500 for the first offense and not more than $1,000 for a second or subsequent offense. Upon the request of a person to whom an administrative fine is issued, the department shall conduct a hearing in accordance with chapter 30A.

 (f) A kratom retailer shall not be in violation of subsection (b) or subsection (c) if it can show by a preponderance of the evidence that it relied in good faith upon the representations of a manufacturer, processor, packer or distributor of a kratom product or food represented to be a kratom product that such product was in compliance with this section.

 (g) A kratom retailer who violates subsection (d) shall be punished by a fine of $1,000 for the first offense, $2,000 for a second offense and $5,000 for a third or subsequent offense. Upon the request of a person to whom an administrative fine is issued, the department shall conduct a hearing in accordance with chapter 30A.

 (h) The department shall promulgate rules and regulations for the administration and enforcement of this section, including, but not limited to, standards for accurate labeling and for testing kratom products for safety.

SECTION 133A1/2. Section 5B of chapter 271 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 55 and 56, the words “whether live or simulcast” and inserting in place thereof the following words:- whether live, simulcast or historical.

 SECTION 133B1/3. Section 17A of said chapter 271, as so appearing, is hereby amended by inserting after the word “5C”, in line 20, the following words:- or section 5D.

And further amend the bill by inserting after section 139 the following 2 sections:-

 SECTION 139A. (a) Notwithstanding section 4 of chapter 128C of the General Laws, section 11 of chapter 494 of the acts of 1978 or any other general or special law to the contrary, the running horse racing licensee in Suffolk county that conducted simulcasting as of December 31, 2020 shall not be obligated to make any further payments into the Running Horse Promotional Trust Fund, established pursuant to said section 11 of said chapter 494.

(b) All amounts in the Running Horse Promotional Trust Fund and in the Running Horse Capital Improvements Trust Fund, established pursuant to section 11 of  chapter 494 of the acts of 1978, attributable to the running horse racing licensee in Suffolk county that conducted simulcasting as of December 31, 2020 shall be returned by the Massachusetts gaming commission to said licensee without further condition.

 SECTION 139B. Notwithstanding any general or special law to the contrary, including, but not limited to, any expiration or repeal of chapter 128A or chapter 128C of the General Laws, a racing licensee under said chapter 128A who offers in-person wagering on historical horse races pursuant to section 5D of said chapter 128A, as inserted by section 129B, shall continue to be a racing licensee for purposes of said section 5D of said chapter 128A and shall be authorized to continue to offer such wagering for a minimum period of 5 years from the date it first offers such wagering. Such authorization of any such licensee shall be automatically extended for successive 5-year periods; provided, that at the end of any 5-year period, the licensee shall be in good standing and in compliance with said section 5D of said chapter 128A and the rules and regulations promulgated by the Massachusetts gaming commission pursuant thereto.

And further amend the bill by inserting after section 144 the following section:-

SECTION 1441/2. Section 2A of chapter 101 of the acts of 2026 is hereby amended by striking out item 1599-8999 and inserting in place thereof the following item:-

1599-8999 For a transfer to the Transition Age Youth Services Matching Fund established in section 2QQQQQQ of chapter 29 of the General Laws……..…….$1,000,000

And further amend the bill by inserting after section 146 the following section:-

SECTION 146A. The Massachusetts Development Finance Agency shall study the Local Infrastructure Development Program established pursuant to chapter 23L of the General Laws and render recommendations for how to increase the utilization and effectiveness of the program for municipal infrastructure investments. The report shall include recommendations for including a pay-as-you-go infrastructure investment model and other forms of public-private partnerships, with particular consideration of empowering municipal governments to support new growth, job creation, housing development and how to attract private investment. The report shall be submitted to the clerks of the house of representatives and the senate and the chairs of the joint committee on economic development and the chairs of the joint committee on municipalities.

And further amend the bill in section 147A, inserted by Consolidated Amendment B, by striking out in subsection (b) the words “, in consultation with the department of telecommunications and cable,” and inserting the following words:- and the department of telecommunications and cable.

And further amend the bill by inserting after section 147B, inserted by Consolidated Amendment C, the following 2 sections:-

SECTION 147C. The executive office of health and human services shall conduct an evaluation of the impact of removal of the licensing examination requirement for licensed certified social workers under sections 131 and 132 of chapter 112 of the General Laws, as amended by sections 120I and 120K. The executive office shall contract with an independent evaluation consultant to perform the evaluation. The evaluation shall include, but shall not be limited to: (i) an analysis of the impact of removing the examination requirement on alleviating shortages of qualified social workers; (ii) review of maintaining high-quality patient care; (iii) expanding access to quality behavioral health services; (iv) increasing the diversity of the social worker workforce among diverse language skills, race, ethnicity and cultural backgrounds; and (v) the impact of any increase in diversity on patient care, particularly for vulnerable populations. In preparing the evaluation, the consultant shall meet with representatives of organizations representing social workers, social work education, social work testing, social work patients, behavioral health advocacy organizations and other groups that may assist the evaluation. The evaluation and analysis shall be conducted independently of the executive office. Not later than July 31, 2028, the executive office shall submit the evaluation to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on higher education and the joint committee on mental health, substance use and recovery.

 SECTION 147D. (a) There shall be a special commission to review any economic impacts to Cape Cod and the Islands due to the Massachusetts Department of Transportation’s Cape Cod Bridges program set to begin construction in 2027 to replace the Sagamore bridge. The commission shall identify ways to support the economic development of the Cape Cod and the Islands regions during the Sagamore bridge replacement, including: (i) exploring ways to improve mobility and accessibility for residents, the tourism industry and employees who typically access the Sagamore bridge to commute to work; (ii) exploring ways to ensure business success, including supporting the millions of tourists who travel to the regions each year; (iii) ensuring workforce reliability during significant construction, including identifying ways to reduce congestion and provide reliable and safe means to travel throughout the regions; (iv) supporting the lodging and hospitality industries to ensure access to the regions; (v) attracting seasonal workforce during the planned construction; (vi) identifying alternative means of transportation, including, but not limited to, ferry services, trains and buses; (vii) identifying cost saving measures for deliveries, transportation, freight and other transport required to Cape Cod and the Islands during the construction; and (viii) supporting the arts and cultural sectors during the construction.

 (b) The commission shall consist of the following members: the executive director of the Massachusetts office of travel and tourism; 1 representative of the Cape Cod Chamber of Commerce; 1 representative from the Nantucket Island Chamber of Commerce, 1 representative from the Martha’s Vineyard Chamber of Commerce; 1 representative from the Steamship Authority; the chairs of the joint committee on tourism, arts and cultural development; 1 member of the Massachusetts Department of Transportation board of directors; the Massachusetts Department of Transportation highway administrator, or their designee; the general manager of the Massachusetts Bay Transportation Authority, or their designee; 2 representatives from the Cape Cod Regional Transit Authority; 1 person to be appointed by the Massachusetts Association of Regional Transit Authorities; a representative from the Massachusetts Lodging Association; 5 residents of the Cape Cod and the Islands regions with a background in economic development or transportation to be appointed by the Cape Cod Chamber of Commerce, with 3 of the members being from Bourne, Wareham or Sandwich. Two co-chairs shall be elected from among the members.

 (c) Not later than February 1, 2027, the commission shall file a report of its study and recommendations to ensure economic success with the clerks of the house of representatives and senate, the house and senate committees on ways and means, the joint committee on transportation, and the secretary of transportation.

 And further amend the bill by striking out section 153A, inserted by Consolidated Amendment B.

And further amend the bill by inserting after section 154 the following section:-

SECTION 154A. Not later than October 1, 2026, the executive office of health and human services shall submit proposals to the federal Center for Medicare and Medicaid Services pursuant to subsection (b) of section 67B of chapter 118E of the General Laws, inserted by section 121A, as necessary to make supplemental payments for public ambulance services that make an intergovernmental transfer.

SECTION 154B. Not later than December 1, 2026, the Massachusetts gaming commission shall promulgate regulations to implement historical horse racing as authorized by section 5D of chapter 128A of the General Laws, as inserted by section 129B. Notwithstanding section 9B of said chapter 128A or any other general or special law to the contrary, such regulations shall take immediate effect upon promulgation on an interim basis pending completion of the process set forth in said section 9B.

And further amend the bill by striking out section 157C, inserted by Consolidated Amendment B, and inserting in place thereof the following 2 sections:-

SECTION 157C. Sections 130G and 130H shall take effect upon enactment.

 SECTION 157D. Section 133A 1/4 shall take effect 180 days following enactment.

And further amend the bill by inserting after section 160 the following section:-

 SECTION 160A. Sections 120I and 120K shall take effect on January 1, 2027.

And further amend the bill by inserting after section 162 the following section:-

 SECTION 162A. Sections 120J and 120L shall take effect on December 31, 2030.

 SECTION 162B. Section 109E shall take effect 5 years after the effective date of this act.