Massachusetts SD 1548: An Act relative to enhancing Alcoholic Beverages Control Commission background checks

Bill Text

1 of 1
SENATE DOCKET, NO. 1548 FILED ON: 1/18/2019
SENATE . . . . . . . . . . . . . . No. 190

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Walter F. Timilty
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to enhancing Alcoholic Beverages Control Commission background checks.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS:
Walter F. Timilty Norfolk, Bristol and Plymouth

1 of 5
SENATE DOCKET, NO. 1548 FILED ON: 1/18/2019
SENATE . . . . . . . . . . . . . . No. 190
By Mr. Timilty, a petition (accompanied by bill, Senate, No. 190) of Walter F. Timilty for
legislation to enhance Alcoholic Beverages Control Commission background checks. Consumer
Protection and Professional Licensure.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 160 OF 2017-2018.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
_______________

An Act relative to enhancing Alcoholic Beverages Control Commission background checks.

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. Chapter 138 of the General Laws is hereby amended by inserting after
2 section 70 the following section:-
3 Section 70A. (1) As part of the commission’s licensure and background record check
4 process, the commission shall conduct fingerprint-based checks of the state and national criminal
5 history databases pursuant to this chapter before approving any license under sections 12 and 15
6 under this chapter. Said fingerprint-based checks shall be conducted on any individual applicant,
7 any individual with a direct or indirect beneficial interest in any partnership that is an applicant,
8 any individual with a direct or indirect beneficial interest in any corporation that is an applicant
9 including, but not limited to, any individual who is an officer, director, or stockholder in the
10 corporate applicant, any individual with a direct or indirect beneficial interest in any limited

2 of 5
11 liability company that is an applicant including, but not limited to, any individual who is a
12 member or manager of a limited liability company that is an applicant, and the individual seeking
13 approval to be the license manager required by section 26 of this chapter. Provisions of this
14 section shall not apply to stockholders of a corporation whose stock is listed for sale to the
15 general public with the Securities and Exchange Commission and who hold less than ten per cent
16 of the outstanding stock entitled to vote at the annual meeting of said corporation. The
17 commission shall endeavor to avoid duplicating similar investigations by local licensing
18 authorities. When local licensing authorities do conduct such fingerprint-based checks, the local
19 licensing authorities may appropriately disseminate to the commission all criminal offender
20 record information and the results of checks of state and national criminal information databases,
21 pursuant to this chapter, in accordance with the law.
22 Authorized commission staff may receive and appropriately disseminate all criminal
23 offender record information and the results of checks of state and national criminal information
24 databases, pursuant to this chapter in accordance with the law. When the commission obtains the
25 results of checks of state and national criminal information databases, it shall treat such
26 information in keeping with the provisions of sections 167 through 178, inclusive, of chapter 6
27 and the regulations thereto, regarding criminal offender record information.
28 (2) As part of the commission’s licensure and background record check process, the
29 commission may conduct fingerprint-based checks of the state and national criminal history
30 databases , pursuant to this chapter before issuing any license under this chapter that is not a
31 license under section 12 or section 15. Authorized commission staff may receive and
32 appropriately disseminate all criminal offender record information and the results of checks of
33 state and national criminal information databases in accordance with the law. When the

3 of 5
34 commission obtains the results of checks of state and national criminal information databases, it
35 shall treat such information in keeping with the provisions of sections 167 through 178,
36 inclusive, of chapter 6 and the regulations thereto, regarding criminal offender record
37 information.
38 (3) The commission shall collect from each individual who is subject to a fingerprint-
39 based check all fees associated with conducting fingerprint-based checks of the state and national
40 criminal history databases, pursuant to this chapter as set by the commission.