MSCPA - Legislative Updates

Public Charity Reform Introduced

Wed, 31 Dec 1969 19:00:00 EST

The Attorney General co-sponsored two new bills, a House bill and a Senate bill, for public charity reform. A third bill was introduced by Sen. Montigny on public charity reform that includes a salary cap.

Attorney General Co-Sponsored Bill

Sen. Montigny's Bill

Senate 1745

Sales Tax on Professional Services Proposed

Wed, 31 Dec 1969 19:00:00 EST

Rep. Peter Kocot (D), Northampton, moved to amend Chapter 64H. Tax on Retail Sales of Certain Tangible Personal Property by adding at the end thereof the following new section:

Section 1 of Chapter 64H of the General Laws is hereby amended by striking the definition of "Services" and inserting the following: "'Services,' a commodity consisting of activities engaged in by a person for another person for a consideration; provided, that the term 'services' shall include activities performed by a person who offers his services to the public and shall include services rendered to a member of an affiliated group, as defined by section 1504 of the Internal Revenue Code, by another member of the same affiliated group that does not sell to the public the type of service provided to its affiliate; and provided further, that the term services shall include telecommunication services, internet access services, electronic mail services, electronic bulletin board services, web hosting services, on-line computer services, internet sales transactions, internet fund transfers and internet travel services purchases, including bus, train, airline, ship and lodging reservations. Nothing herein shall exempt from tax sales of tangible personal property subject to tax under this chapter."

New Amendment to Data Breach Law Introduced

Wed, 31 Dec 1969 19:00:00 EST

Senate 1 73, Act Ensuring Privacy of Certain Data would amend the existing Massachusetts "Data Breach" law was enacted 2007. The Massachusetts Office of Consumer Affairs and Business Regulation promulgated regulations for "Data Breach" which are currently in effect, however the effective dates for certain provisions of the regulations have a been extended. The proposed changes in Senate Bill 173, if enacted, would require modification of the regulations. The following are the changes to the current law and that would result from the enactment of Senate Bill 173;

Would require the Massachusetts regulations relative to data breaches to be consistent with federal standards. If an entity or individual is already required to comply with federal rules, regulations, guidances or guidelines relative to safeguarding personal information they will be in compliance with the Massachusetts requirements. This basically mandates that federal "privacy" standards would supersede the Massachusetts laws.
Would require the Massachusetts Office of Consumer Affairs and Business Regulation to adopt regulations relative to data security specifically for small businesses.
Eliminates the encryption requirement of the current law by specifically prohibiting regulations from requiring, "a specific technology or technologies, or a specific method or methods for protecting personal information".
Would make a willful violation of a federal or state "privacy law" just cause for the termination of an employee. This provision would apply to both private and public sector employees in Massachusetts.

View the bill.