Massachusetts Legislation Update (May 2021)

The Tenax Strategies team is constantly monitoring key Massachusetts bills as they make their way through the legislative cycle. Here are three pieces of legislation that we’re watching as of May 2021.

H.70: AN ACT EXPANDING SPORTS WAGERING IN THE COMMONWEALTH

What is this bill?

H.70 allows for state authorization of sports gambling. If passed, the legislation would establish a system for the Massachusetts Gaming Commission (“MGC”) to license and regulate sports wagering in Massachusetts.

Locations providing lottery and betting currently would be permitted to offer in-person sports wagering at on-site sports wagering lounges. They would also be able to provide online-based sports wagering, either on their own or in partnership with online gaming operators.

Finally, the bill would also allow online sports wagering on websites and mobile applications that are not affiliated with a casino.

Why is it important?

Business opportunities. This piece of legislation will ensure that convenience stores and other retailers in Massachusetts have expanded business opportunities. The legislation will provide an estimated 35 million dollars in revenue for Massachusetts and will aid in revitalizing the economy.

Market competition. 20 other states have already implemented laws surrounding sports wagers. H.70 will allow Massachusetts to remain a competitive and robust market.

Safeguards. Through new state regulation, there will be protection to ensure that those under 21 cannot participate in sports wagering. The bill will safeguard consumers placing sports wagers as well.

H.3706: AN ACT RELATIVE TO IMPROVING SAFETY ON THE ROADS OF THE COMMONWEALTH

What is this bill?

H.3706 will enforce a primary seatbelt law and require the RMV to notify local law enforcement when a driver in their community has had their license suspended for certain serious offenses.

The legislation provides for enhanced penalties for drivers who drive after their license has been suspended for non-administrative serious driving offenses, and who cause harm.

The bill also calls for improved measures to protect cyclists and pedestrians by mandating that state-owned heavy trucks and state- and municipally-contracted vehicles be equipped with convex and cross-over mirrors and sideguards. Such requirements are already in effect in Cambridge and Boston.

Other provisions include:

  • Red light cameras
  • Establishment of an advisory group to review the use of electric scooters and other micro-mobility devices
  • Right of way mandates for cyclists and pedestrians
  • Crash reports to best study how major bodily harm is being inflicted on the roads and find methods to combat these issues

Why is it important?

Road Safety. Even with the pandemic causing decreased driving, there were 334 roadway deaths in 2020, nearly as high as the 336 in 2019. Measures must be taken in order to improve the safety of the roads in Massachusetts.

The legislation will allow the proliferation of micro-mobility vehicles to continue in a safe and efficient manner. Overall, the bill will put a focus on making the streets safer for pedestrians, cyclists, motorcyclists.

H.3706 will also ensure the safety of all drivers through the enforcement of mandated seatbelt laws and increased use of red light cameras.

S.2436: AN ACT RELATIVE TO PUBLIC SAFETY AND TRANSPARENCY BY TRANSPORTATION NETWORK COMPANIES

What is this bill?

S.2436 will provide for tougher penalties for “account renting,” a practice where one person uses the credentials of another to fraudulently provide rides. The bill would make it a criminal offense for a driver to use the personal information of a rider to stalk, harass, or defraud the rider.

This reform would ensure that there is a penalty in place to deter and penalize drivers who improperly use passenger information rather than leaving it up to the rider to pursue a protective order.

Livery operators with over 100 drivers that operate on a digital network would be regulated as Transportation Network Companies (TNCs). This classification means that their drivers would be subject to comprehensive background checks and state regulatory oversight.

Why is it important?

Transportation planning. The livery industry is an important sector of transportation in Massachusetts. With increased knowledge and regulation of livery companies, transportation planners will now be empowered to make informed decisions surrounding Massachusetts travel infrastructure.

Fraud reduction. The bill will diminish the occurrence of livery drivers “account renting” or using someone else’s personal credentials to provide fraudulent rides. Reduction of this practice will increase the credibility of drivers and the safety of passengers.

Rider protection. Riders would have increased protection from stalking, harassment, and being defrauded. They will also have protection against their information improperly used by drivers instead of having to personally seek action.

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