The AeA New England Legislative Alert is designed to inform members about legislation and critical developments impacting high technology businesses. Published by AeA New England, 444 Washington Street, Suite 405, Woburn, MA  01801.  For more information, please contact Anne Doherty Johnson, Executive Director, at 781.938.1925, x105.  

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AeA Legislative Update

Here is an update on legislative developments that AeA is tracking on your behalf.  Hearing dates for several of these bills have been assigned as noted below.

Identity Theft and Breach Notification/Security Freeze

Bill No. SB 208 (Morrissey)
Issue:  Protects consumers against identity theft; requires notification when there is a reasonable expectation of a security breach; allows customers to request security freezes put on their credit reports. 
Current Status:  The bill has been assigned to the Joint Committee on Consumer Protection and Professional Licensure and is scheduled to be heard on April 10, 2007.  Identity theft is a priority for the Legislature this session and a bill will likely be passed.  

Spyware

Bill No. HB 206 (Bosley), HB 350 (Callahan), SB 259 (Montigny),  
Issue:  Prohibits the unauthorized installation of spyware; prohibits the unauthorized installation of any software on another person's computer, or causing said software installation on another person's computer, that engages in the articulated activities, including, but not limited to collection of key-strokes, tracking of web usage or transmitting or relaying viruses; prohibits the unauthorized use of computers as part of a ring engaged in prohibited activities.   
Current Status:  HB 206 has been assigned to the Joint Committee on Consumer Protection and Professional Licensure and is scheduled to be heard on April 10, 2007.  HB 350 and SB 259 have been assigned to the Joint Committee on Economic Development and Emerging Technologies and may be heard with the data breach bills on April 10, 2007, although this is not definite.   

CRT and Equipment Recycling

Bill No. HB 793 (Koczera), HB 864 (Smizik), HB 872 (Spiliotis), HB 894 (Walz), SB 268 (Pacheco), SB 544 (Rosenberg)  
Issue:  These bills seek to improve collection and recycling of electronic products, including those containing cathode ray tubes.  Among other provisions, they contain language increasing producer responsibility for creating collection and recycling programs for used electronic products. 
Current Status:  These bills have been assigned to the Joint Committee on the Environment, Natural Resources, and Agriculture, except SB 268, which has been assigned to the Joint Committee on Economic Development and Emerging Technologies.  They are scheduled to be heard on May 21, 2007, except SB 268, which has not been scheduled to be heard yet.    

RFID

Bill No. HB 261 (Kennedy), SB 159 (Barrios)
Issue:  Regulates the use of radio frequency identification tags, or RFID tags, so-called, by commercial entities; requires said entities to post notice of the use of said tags in locations available to consumers prior to their exposure to said tags; requires all products that use said tags to contain a logo or identifier on the package; limits the use of RFID tags to inventory purposes.   
Current Status:  These bills have been assigned to the Joint Committee on Consumer Protection and Professional Licensure.  SB159 is scheduled to be heard on April 10, 2007. 

UCITA

Bill No. HB 370 (Mariano)
Issue:  Defines choice of law provisions included in a computer information agreement, which require the interpretation of contracts pursuant to the laws of a state that enacted the uniform computer information transactions act or any similar law, as voidable; mandates the interpretation of said agreements under the laws of the commonwealth when the party against whom enforcement is sought resides in the commonwealth or is principally located in the commonwealth.   
Current Status:  The bill has been assigned to the Joint Committee on Economic Development and Emerging Technologies. 

Violent Video Games

Bill No. HB 1423 (Forry)
Issue:  Regulates the sale of violent video games to minors.     
Current Status:  The bill has been assigned to the Joint Committee on Judiciary. 

Mercury Management

Bill No. HB 796 (Kujawski) 
Issue:  Articulates provisions relative to the disposal of mercury containing waste products and the proper collection, transportation, recycling and disposal of same; directs the department of environmental protection to participate in the implementation of IMERC standards established at the Northeast Waste Management Officials Association; prohibits the sale or distribution of mercury added products without submission of notification to said department; exempts products regulated by federal law from said notice requirements; subjects confidential business information included in said notification to the public record laws; mandates the protection of trade secrets; prohibits the sale or distribution of motor vehicles manufactured on or after January 1, 2007 containing one or more mercury added vehicle switches; mandates the replacement of said switches with non-mercury alternatives when possible; regulates the disposal of said mercury-added vehicle components; requires motor vehicle manufacturers to submit plans to the department of environmental protection regarding the removal, collection and recovery of mercury switches; articulates components of said plans; prohibits the sale or distribution of mercury added thermostats, or other articulated mercury-added products, including, but not limited to switches, relays, barometers, esophageal dilators or hygrometers; authorizes and regulates the exemption of products from said prohibitions; restricts the sale of mercury to schools; mandates and regulates the disclosure of mercury content used in products in health care facilities; prohibits the disposal of said mercury-added products in any manner other than recycling, disposing as hazardous waste or other approved method; requires manufacturers selling or distributing mercury-added products to file plans for collection of said products at the end-of-life; articulates facets of said collection programs; mandates and regulates the labeling of products containing mercury; limits the collection of said mercury-added products by solid waste collectors; requires all state procurement guidelines to give preference to products that do not contain mercury; directs said department to promulgate rules and regulations relative to said provisions; articulates reporting requirements relative to said provisions.
Current Status:  This bill has been assigned to the Joint Committee on the Environment, Natural Resources, and Agriculture.  It is scheduled to be heard on May 7, 2007.

Alternatives to Toxic Chemicals

Bill No. HB 783 (Kaufman), SB 558 (Tolman)
Issue:  This bill, co-sponsored by Rep. Kaufman and Sen. Tolman, submits an act for a healthy Massachusetts safer alternatives to toxic chemicals; mandates the replacement of the use, manufacture, emission and distribution of the articulated priority toxic substances with the safest available alternatives; regulates the designation of a substance as a priority toxic substance; articulates various substances, including, but not limited to lead and formaldehyde; directs the department of environmental protection to establish action plans for each priority toxic substance which designates action steps and timelines for replacing each category of use; regulates the contents of said plans, including, but not limited to usage surveys, alternative products and implementation plans; articulates unacceptable alternatives, including, but not limited to those which contain known or probable human carcinogens; regulates the contents of implementation plans, including, but not limited to mitigation of negative economic impacts, deadlines for implementation and end date for use of said toxic substances; requires the completion of action plans within five years; directs said department to establish a priority toxic user registry; establishes and regulates the membership and operations of the safer alternatives oversight board; regulates the issuance of grants by said department relative to said provisions; regulates addition of substances to the priority toxics substance list; articulates provisions relative to enforcement and appeals of said provisions; establishes a fee on the sale or distribution of said substances in the commonwealth. 
Current Status:  The bill has been assigned to the Joint Committee on the Environment, Natural Resources, and Agriculture.  It is scheduled to be heard on June 11, 2007. 

Legislative Calendar

The Massachusetts Legislature began a new two-year session in January 2007.

Get Involved and Shape Your Future

Get involved in AeA's state, federal and international government affairs activities to stay up to date on key industry developments and to make sure your voice is heard.  Call the AeA office at 781.938.1925, x105 to learn more about proposed legislation impacting your business and what you can do to play an active role in shaping their outcome.

This page was last updated on 04/06/07.  
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