Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3379 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 724 FILED ON: 1/13/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3379
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Henry Argosky LeBoeuf
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to Treasury operations.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David Henry Argosky LeBoeuf17th Worcester1/13/2025 1 of 7
16	16	HOUSE DOCKET, NO. 724 FILED ON: 1/13/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3379
18	18	By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 3379) of
19	19	David Henry Argosky LeBoeuf for legislation to further regulate certain operations of the
20	20	Department of the State Treasurer. State Administration and Regulatory Oversight.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 3078 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to Treasury operations.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1 of chapter 10 of the General Laws, as appearing in the 2022
32	32	2Official Edition, is hereby amended by inserting after subsection (b) the following subsection:-
33	33	3 (c) The department of the state treasurer, as organized in this chapter, may charge for the
34	34	4reasonable costs of providing services to any state agency, department or authority, as defined by
35	35	5section 1 of chapter 29.
36	36	6 SECTION 2. Section 34 of chapter 29 of the General Laws, as appearing in the 2022
37	37	7Official Edition, is hereby amended by striking out, in line 8, the figure “6” and inserting in place
38	38	8thereof the figure:- 12 2 of 7
39	39	9 SECTION 3. Section 34A of chapter 90 of the General Laws, as appearing in the 2022
40	40	10Official Edition, is hereby amended by striking out, in lines 23 through 25, the words “: or the
41	41	11certificate of the state treasurer stating that cash or securities have been deposited with said
42	42	12treasurer as provided in section thirty-four D”.
43	43	13 SECTION 4. Section 34D of said chapter 90 of the General Laws is hereby repealed.
44	44	14 SECTION 5. Section 24A of chapter 93 of the General Laws, as appearing in the 2022
45	45	15Official Edition, is hereby amended by inserting after the words “sufficient bond” the following:-
46	46	16or acceptable bond documentation
47	47	17 SECTION 6. Section 26 of said chapter 93 of the General Laws, as so appearing, is
48	48	18hereby amended by striking out the third and fourth sentences and inserting in place thereof the
49	49	19following sentences:- The bond shall not be accepted unless it or acceptable bond documentation
50	50	20is made accessible to the state treasurer after having been examined and approved by the
51	51	21commissioner of banks. Upon approval by the commissioner of banks, the said bond or
52	52	22acceptable bond documentation shall be accessible to the state treasurer.
53	53	23 SECTION 7. Said chapter 93, as so appearing, is hereby amended by striking section 27
54	54	24and inserting in place thereof the following new section:-
55	55	25 Section 27. The state treasurer shall keep a record open to public inspection of the
56	56	26approved bonds or applicable bond documentation accessible to the treasurer under the preceding
57	57	27section. 3 of 7
58	58	28 SECTION 8. Chapter 148 of the General Laws, as appearing in the 2022 Official
59	59	29Edition, is hereby amended by striking sections 19 to 20B, inclusive, and inserting in place
60	60	30thereof the following sections:-
61	61	31 Section 19. No person shall conduct blasting operations unless such person has applied
62	62	32for and obtained a certificate of competency issued by the marshal. Any person wishing to
63	63	33obtain said certificate shall make application on a form approved by the marshal. A fee set
64	64	34annually by the secretary of administration and finance, pursuant to section 3B of chapter 7, shall
65	65	35accompany said application. The fee shall cover the costs of the application and certificate if
66	66	36issued. No portion of said fee shall be refundable. Upon receipt of said application and fee, the
67	67	37marshal shall arrange for the applicant to be examined as to the applicant’s experience and
68	68	38ability to conduct blasting operations. If the applicant is found to be qualified, said applicant
69	69	39shall forthwith be issued a certificate of competency. Said certificate shall be valid throughout
70	70	40the commonwealth for a period not to exceed 24 months from the date of issue. Once issued,
71	71	41said certificate may be renewed after its expiration and without examination, upon payment of a
72	72	42fee as determined by the secretary of administration and finance. However, no certificate may be
73	73	43renewed without examination and fee if said certificate has been in effect in excess of 7 years
74	74	44from the date of original issue. The holder of a certificate of competency whose certificate is
75	75	45lost, misplaced or stolen may obtain a duplicate certificate from the marshal upon payment of a
76	76	46fee as determined by the secretary of administration and finance pursuant to said chapter 7.
77	77	47 Section 20. No person shall conduct any blasting operations in any city or town unless
78	78	48said person has applied for and been issued an explosive user’s certificate issued by the marshal
79	79	49and in accordance with the rules and regulations of the board of fire prevention regulations. 4 of 7
80	80	50 No explosive user’s certificate shall be issued without the applicant having first obtained
81	81	51and filed with the marshal, a certificate of insurance demonstrating the issuance of a
82	82	52comprehensive general liability insurance policy providing coverage for bodily injury and
83	83	53property damage, with limits of no less than $1 million per person, $5 million per occurrence,
84	84	54and $5 million in the aggregate, for bodily injury, and no less than $1 million per occurrence, and
85	85	55$5 million in the aggregate, for property damage for loss, damage or injury which results from
86	86	56the blasting of rock or keeping of explosives. As a continuing condition of maintaining a valid
87	87	57explosive user’s certificate, the insurance policy shall be maintained by the holder and kept in
88	88	58force at all times. In the event the required insurance is terminated or expires, the explosive
89	89	59user’s certificate will become void until full coverage is restored.
90	90	60 The insurance policy shall be issued by an insurance company authorized to do business
91	91	61in the commonwealth. Each insurance policy shall provide for at least a 30 day notice by
92	92	62certified mail to the marshal as a condition of the policy, of any material change, cancellation or
93	93	63expiration of the policy. The insurance policy shall be in effect for a minimum of one year from
94	94	64the date of the issuance of the explosive user’s certificate. The city or town where the blasting is
95	95	65to be done shall be named as additional insureds under the insurance policy.”.
96	96	66 SECTION 9. Said chapter 148, as so appearing, is hereby further amended by striking
97	97	67sections 40 to 43, inclusive, and inserting in place thereof the following section:-
98	98	68 Section 40. No person shall manufacture, keep or store fireworks, in any quantity, except
99	99	69as permitted by the board of fire prevention regulations, in any building or structure unless said
100	100	70person has applied for and been issued a fireworks users certificate. In addition, no person shall
101	101	71use, discharge, fire off, explode or display fireworks by himself or his agents unless said person 5 of 7
102	102	72has applied for and been issued a fireworks users certificate by the marshal in accordance with
103	103	73the rules and regulations of the board.
104	104	74 No fireworks user’s certificate shall be issued without the applicant having first obtained
105	105	75and filed with the marshal, a certificate of insurance demonstrating the issuance of a
106	106	76comprehensive general liability insurance policy providing coverage for bodily injury and
107	107	77property damage, with limits of no less than $1 million per person, $2 million per occurrence,
108	108	78and $2 million in the aggregate, for bodily injury, and no less than $1 million per occurrence, and
109	109	79$2 million in the aggregate, for property damage for loss, damage, or injury which results from
110	110	80the keeping, discharging, firing off, exploding or display of fireworks. As a continuing condition
111	111	81of maintaining a valid fireworks user’s certificate, the insurance policy shall be maintained by
112	112	82the holder and kept in force at all times. In the event the required insurance is terminated or
113	113	83expires, the fireworks user’s certificate will become void until full coverage is restored.
114	114	84 The insurance policy shall be issued by an insurance company authorized to do business
115	115	85in the commonwealth. Each insurance policy shall provide for at least a 30 day notice by
116	116	86certified mail to the marshal as a condition of the policy, of any material change, cancellation or
117	117	87expiration of the policy. The insurance policy shall be in effect for a minimum of one year from
118	118	88the date of the issuance of the fireworks user’s certificate.
119	119	89 For purposes of this section, the word “loss” shall include the reasonable expense of a
120	120	90city or town incurred in the extinguishing of fires caused by the discharging, firing off,
121	121	91exploding, displaying or keeping of fireworks.”
122	122	92 SECTION 10. Section 4 of chapter 167F of the General Laws, as appearing in the 2022
123	123	93Official Edition, is hereby amended by striking out the third sentence and inserting in place 6 of 7
124	124	94thereof the following sentence:- Such person shall make, execute and, through the commissioner,
125	125	95make accessible to the state treasurer a surety bond or acceptable surety bond documentation,
126	126	96cash or securities, in the sum of one hundred thousand dollars.
127	127	97 SECTION 11. Section 2 of chapter 169 of the General Laws, as appearing in the 2022
128	128	98Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “execute and
129	129	99deliver to the state treasurer a bond” and inserting in place thereof the following words:- execute
130	130	100and, through the commissioner of banks, make accessible to the state treasurer a bond or
131	131	101acceptable bond documentation,
132	132	102 SECTION 12. Section 3 of said chapter 169, as so appearing, is hereby amended by
133	133	103striking out, in lines 26 through 28, the words “and the state treasurer and, upon such approval by
134	134	104the state treasurer, it shall be filed in his office. Upon notice of such approval by the state
135	135	105treasurer” and inserting in place thereof the following:- and, upon such approval, the bond or
136	136	106acceptable bond documentation shall be made accessible to the state treasurer. Upon acceptance
137	137	107of the bond by the commissioner
138	138	108 SECTION 13. Section 4 of said chapter 169, as so appearing, is hereby amended by
139	139	109inserting, in line 2, after the words “of such bonds” the following words:- or applicable bond
140	140	110documentation
141	141	111 SECTION 14. Notwithstanding any general or special law to the contrary, any cash or
142	142	112securities that have been deposited with the state treasurer pursuant to said section 34D shall be
143	143	113retained for a period of 5 years after the effective date of this act. After such 5 year period,
144	144	114provided the state treasurer has not received actual notice of a claim pending against the
145	145	115applicant or depositor, such cash or securities may be refunded by the state treasurer. 7 of 7
146	146	116 SECTION 15. Not later than 6 months after the effective date of this act, the state
147	147	117treasurer shall, at a minimum, send written notice by mail to the address of record of all
148	148	118depositors or applicants who have cash or securities on deposit with the state treasurer pursuant
149	149	119to said section 34D informing the depositor or applicant of the provisions and effective date of
150	150	120this act.