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 Section 34D of said chapter 90 of the General Laws is hereby repealed.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