Credit Card Surcharge Bills Advance
Despite reservations from the House chairman, the Committee on Consumer Protection and Professional Licensure has reported favorably legislation to enable retailers to impose a surcharge on a consumer who elects to use a credit card to pay for a transaction. This bill would eliminate the language in the current law that prohibits this practice. The proposed redraft would require retailers to post a sign on their premises that identifies the amount of the surcharge and its relationship to the retailer’s cost of accepting credit cards. The proposal does not establish a limit on the amount of the surcharge. This bill was referred to the Senate Committee on Ways and Means for further review and consideration.
The Committee on Financial Services also reported favorably a bill that would create a special commission to study the future of payments in retail settings. The commission would be required to hold three public hearings to solicit input from the public, businesses, and the payment industry on payment trends, the prevalence of cashless transactions, credit card fees, mobile payments, buy-now-pay-later financing, and other aspects of the payment process. Thirteen individuals and organizations would make up the committee including a representative from the Retailers Association of Massachusetts and the National Federation of Independent Businesses.
Spanish Language Hoisting Examinations Proposed
Legislation reported favorably by the Committee on Consumer Protection and Professional Licensure would require the Division of Occupation and Licensure to make both written and practical examinations for hoisting equipment available in both English and Spanish. Supporters of this legislation point to the increasing number of Spanish-speaking workers who have entered the workforce and will be able to fill job openings if they are able to obtain a state hoisting license. Testimony from the landscape industry noted that many Spanish-speaking workers currently operate heavy machinery without the required licenses due to the language barrier. These workers often lack the knowledge to operate these machines which results in a higher rate of accidents. This legislation would ensure that more potential workers will have an equal opportunity to demonstrate their competence to be employed as hoisting and other machinery operators.
Transportation Committee Supports CDL Safety Legislation
The Committee on Transportation has advanced legislation that would require every person who holds a commercial driver’s license who has his or her license to operate suspended or revoked in another state, for any period of time, to notify the Registrar of Motor Vehicles and their employer of that fact before the end of the business day following the day the driver received notice of that action. The current law requires the driver to notify their employer within 30 days of the date of the conviction and does not require the driver to notify the Registrar.
This bill would also require all employers of CDL drivers to participate in the RMV’s Driver Verification System which allows an employer to track the license status of employees who operate commercial motor vehicles and notifies employers of any change in the employee’s CDL status.
A commercial driver would be disqualified from operating a commercial motor vehicle for a period of not less than 120 days if convicted of two serious traffic violations or 240 days if convicted of three serious traffic violations within a 3-year period. The penalty for a second offense shall be for a period of between 2 and 5 years. The financial penalties for the driver are also more than doubled.
The Registrar of Motor Vehicles would be authorized to suspend or revoke without a hearing any commercial driver’s license whenever the Registrar determines the driver has committed a violation of a nature which would give the Registrar reason to believe that continuing operation by the driver will constitute an immediate threat to the public safety or has committed 2 or more serious traffic violations with the prior 12-month period. The license shall not be reissued until after a hearing which shall be held within 30 days of the suspension or revocation.
Governor Creates Transportation Funding Task Force
It is well known that the MBTA is limping along with an annual operating deficit of over $600 million with future costs estimated at over $24 billion to repair the subway system which is the oldest in the country. Hundreds of millions of dollars are also needed each year to fund road improvements and bridge repairs throughout the state. The MBTA currently receives funding from the sales and gas taxes as well as from appropriation by the Legislature. These revenues have proved to be insufficient and the revenues available from the gas tax will be further reduced as the state moves towards its goal of replacing gas-powered vehicles with electric vehicles. The task force is expected to look at alternatives to the gas tax which will likely include proposals to implement new tolling on state highways, implement congestion pricing for vehicles traveling into Boston and a tax on the total number of miles traveled for each vehicle. Implementing solutions for transportation projects is always politically difficult as legislators representing the various regions of the state have different needs. Legislators from central and western Massachusetts are particularly sensitive to taxing their constituents to help pay for the MBTA which primarily serves only the eastern portion of the state. The task force is expected to make its recommendations to the Legislature by the end of this year.