reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92a1/2 - Watershed Management › Section 8 - Enforcement of Secs. 1 to 7

Section 8. The department, and its employees designated for the purpose, shall enforce sections 1 to 7, inclusive, and the rules, regulations and orders made thereunder, and may enter into any building, and upon any land for the purpose of ascertaining whether sources of pollution there exist, and whether the sections and the rules, regulations and orders made as aforesaid are complied with.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92a1/2 - Watershed Management › Section 9 - Punishment for Water Supply Tampering

Section 9. A person who without lawful authority takes or diverts water from a water supply within the watershed system of the division, corrupts or defiles the water supply or a source of the water supply, injures, destroys or interferes with property held or used by the authority for the purpose of constructing, operating or maintaining the watershed system or who violates or refuses to comply with a rule, regulation or order of the department shall be punished by a criminal fine of not more than $50,000 or by imprisonment in state prison for not more than 5 years or in the house of correction for not more than 2 years or by both such fine and imprisonment. In cases of continuing violation, the maximum fine shall be $10,000 per day for each day the violation occurs or continues; provided, that a person convicted of the wanton or malicious destruction of or injury to property used in the construction, operation or maintenance of the watershed system shall also be liable in tort to the department for triple the amount of damages thereby caused. The fine or tort judgment shall be payable to the treasury of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92a1/2 - Watershed Management › Section 10 - Court Enforcement

Section 10. The supreme judicial or superior court or any justice of either court shall, on petition of the department or of any town or person interested, have jurisdiction in equity or otherwise to enforce sections 1 to 9, inclusive, and any rule, regulation or order made thereunder, and to prevent any violation of said sections, rules, regulations or orders.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92a1/2 - Watershed Management › Section 11 - Fiscal Year Operating Costs

Section 11. The department shall assess the Massachusetts Water Resources Authority for the fiscal year costs of operating the division and other authorized charges relating to the watershed system formerly under the care, custody and control of the division of watershed management of the metropolitan district commission, including 100 per cent of the amounts to be paid in that fiscal year in trust by the authority to the division for application to payments in lieu of taxes pursuant to chapter 59, less any and all revenues generated by the division which shall include, but not be limited to, the sale of hydroelectricity, recreational or permit fees, revenues from the sale of wood products harvested on department watershed lands, and any access fees established pursuant to chapter 436 of the acts of 1990. The assessment shall be established annually by the commissioner of the department. The commissioner of the department shall certify to the executive director of the authority on or before September 15, the current fiscal year obligations due by the authority for the operations of said division relating to the watershed system formerly under the care, custody and control of the division of watershed management of the metropolitan district commission. The commissioner shall bill the treasurer of the authority on October 1, January 1, April 1 and June 30 of each fiscal year for said fiscal year's obligations. Within 30 days of receipt of the department bill, the treasurer of the authority shall remit the total billed amount to the commission. Revenues received from the June 30 billing shall be credited to that fiscal year. The commissioner of the department shall forward to the treasurer of the commonwealth the revenues generated by the division which shall be credited to the General Fund.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92a1/2 - Watershed Management › Section 12 - Debt Service Costs

Section 12. The treasurer of the commonwealth shall charge the Massachusetts Water Resources Authority for the debt service costs of bonds issued pursuant to section 3 of chapter 564 of the acts of 1987 and sections 12 and 13 of chapter 36 of the acts of 1992 for the acquisition of fee simple, development and other rights or interests inland in the areas regulated by the division. The revenue shall be deposited into the general fund for the purposes of meeting said debt service costs, subject to appropriation, for said bonds.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92a1/2 - Watershed Management › Section 13 - Quabbin Watershed Advisory Committee

Section 13. The commissioner shall establish the Quabbin watershed advisory committee. The purpose of the committee shall be to advise the division on its policies and regulations regarding fishing, boating and other recreational activities and environmental, wildlife and habitat matters within the Quabbin watershed. The commissioner of the department shall appoint to the advisory committee 1 person from 3 names nominated by each of the following organizations: the Massachusetts Council of Sportsmen, the Trout Unlimited, the Quabbin Fisherman's Association, the Worcester County League of Sportsmen, the North Worcester County Quabbin Anglers, the Massachusetts Audubon Society, the Swift River Valley Historical Society, the Massachusetts Wildlife Federation, the New England Sierra Club, and the Friends of Quabbin, Inc.
The commissioner shall also appoint 1 member from the general public. The committee shall elect a chairperson from among its members, shall meet at least twice each calendar year, and may provide for alternate members to participate fully in its meetings whenever a regular member is unable to do so.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92a1/2 - Watershed Management › Section 14 - Ware River Watershed Advisory Committee

Section 14. The commissioner shall establish a Ware river watershed advisory committee. The purpose of the committee shall be to advise the division on its policies and regulations regarding recreational activities, land use and environmental, wildlife and habitat matters within the Ware river watershed. The commissioner of the department shall appoint to the advisory committee 1 person from 3 names nominated by each of the following organizations: the Massachusetts Council of Sportsmen, the Worcester County League of Sportsmen, Trout Unlimited, a rod and gun club located in the town of Barre, Hubbardston, Oakham or Rutland, a designee of the board of selectmen of each of the towns of Barre, Hubbardston, Oakham and Rutland, a representative of the historical societies in each of the towns of Barre, Hubbardston, Oakham and Rutland, a representative of the Massachusetts Wildlife Federation, a representative of the Massachusetts Audubon Society, a representative of the Sierra Club, and a representative of the Upper Ware river watershed association and 1 member from the general public.
The committee shall elect a chairperson from among its members, shall meet at least twice each calendar year and may provide for alternate members to participate fully in its meetings whenever a regular member is unable to do so.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92a1/2 - Watershed Management › Section 15 - Watershed Advisory Committee

Section 15. The commissioner shall establish a watershed system advisory committee to advise the division on its policies and regulations regarding fishing, boating, and recreational activities and other environmental and wildlife matters in all of the watershed system areas under the control of the division, exclusive of the Quabbin watershed and the Ware river watershed. The committee shall consist of 9 members, the qualifications of whom shall be determined by regulation by the commissioner. The committee shall elect a chairperson from among its members, shall meet at least twice each calendar year, and may provide for alternate members to participate fully in its meetings whenever a regular member is unable to do so.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92a1/2 - Watershed Management › Section 16 - Periodic Watershed Management Plans

Section 16. The commissioner shall at least once every 5 years, adopt after public hearing one or more periodic watershed management plans for the watershed system, which shall have been prepared with the participation of a professionally qualified forester and the appropriate watershed advisory committee. Any watershed management plan shall provide for, but need not be limited to, forestry, water yield enhancement and recreational activities. All forestry activities shall be subject to sections 40 to 46, inclusive, of chapter 132.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92a1/2 - Watershed Management › Section 17 - Eminent Domain

Section 17. The department, on behalf of the commonwealth, may take by eminent domain under chapter 79, or acquire by purchase or otherwise, lands in fee, easements, rights and other property that it deems necessary or desirable for carrying out the powers and duties conferred upon it by this chapter relative to the construction, maintenance and operation of the watershed system.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92a1/2 - Watershed Management › Section 18 - Eligibility for Grants and Assistance

Section 18. The division shall be deemed to be a public entity under section 26A of chapter 21 and shall be eligible for grants and other assistance under the Massachusetts Clean Water Act and other program of federal or state assistance for water supply, or related purposes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92a1/2 - Watershed Management › Section 20 - Contracts and Consultants

Section 20. The division shall not contract for services exclusive of contracts pursuant to any general or special act relating to forest cutting practices and for consultants performing only those services for the division which regular employees of the division are unable to perform, to accomplish any of its duties nor shall it enter into any interagency agreement for such purpose. Only officers and employees of the division shall perform its duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92b - Commonwealth Zoological Corporation › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:—
''Board'', the board of directors of the Commonwealth Zoological Corporation.
''Corporation'', the Commonwealth Zoological Corporation.
''Executive director'', the executive director of travel and tourism.
''Member'', a member of the board of directors of the Commonwealth Zoological Corporation.
''Office'', the office of travel and tourism.
''Society'', the Boston Zoological Society.
''Zoos'', Franklin Park Zoo and Walther D. Stone Memorial Zoo.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92b - Commonwealth Zoological Corporation › Section 3 - President and Chief Executive Officer; Powers

Section 3. The board shall select a qualified individual to act as president and chief executive officer. The president shall present to the board for its approval an annual budget, a staffing plan, and an operating plan. The president shall, subject to the approval of the board, supervise the employees of the corporation and of the zoos, and shall have the power to hire and terminate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92b - Commonwealth Zoological Corporation › Section 4 - Professional Personnel System; Employee Management; Affirmative Action Plan

Section 4. The corporation shall have the authority to develop a flexible professional personnel system as necessary to attract and hire qualified professional employees to enhance the zoos. The corporation shall establish said professional personnel system, in consultation with the human resources division within the executive office for administration and finance. The corporation shall set, in consultation with said office, salary scales and establish job classifications for its employees which shall not be subject to the provisions of section forty-six of chapter thirty. The corporation shall possess the management flexibility to establish employment qualifications and to remove and or discipline its employees. The corporation shall establish professional standards of performance and conduct for its employees. All corporation employees shall have the authority to solicit and collect both private and public donations, grants, bequests and devises, conditional or otherwise, of money, real and personal property, services or other things of value on the corporation's behalf and for the corporation's benefit, consistent with the provisions of section four chapter two hundred and sixty-eight A. Neither the corporation nor any of its officers, members, agents, employees, consultants or advisors shall be subject to the provisions of section three B and sections fifteen through twenty-nine inclusive, of chapter seven; sections nine A, forty-five, forty-six C through H, and fifty-two, of chapter thirty; and chapter thirty-one; provided, that in purchasing products or services, the corporation shall at all times follow generally accepted business practices.
The corporation shall be an equal opportunity employer and shall not discriminate in employment practices on the basis of race, creed, color, sex, national origin or physical handicap. The corporation shall establish an affirmative action plan intended to recruit qualified minorities and women into all job levels at the zoos. In making hiring decisions, the corporation shall give preference to persons residing in the municipalities in which the zoos are geographically located.
The corporation shall be subject to section one and chapter one hundred and fifty-one B, shall be deemed to be an agency of the commonwealth for purposes of section two, and shall be subject to the enforcement jurisdiction of the commission against discrimination under said chapter one hundred and fifty-one B. The corporation shall develop policies and programs for affirmative action in employment, procurement and contracting in accordance with law and consistent with general policies and programs of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92b - Commonwealth Zoological Corporation › Section 6 - Corporation Duties and Obligations

Section 6. The corporation shall have the following duties and obligations:
(a) The corporation is hereby directed to maintain, repair, enhance and otherwise improve the zoos and their collections.
(b) The corporation shall develop within a reasonable time individual master plans for the operation and improvement of each zoo. The plans are to be used as a framework to revitalize each zoo and to ensure that the programs and collections of each zoo compliment one another.
(c) The corporation shall file with the secretary of the commonwealth to establish itself as a chartered nonprofit corporation within the commonwealth.
(d) The corporation shall file with the Internal Revenue Service to establish itself as a nonprofit corporation to ensure that contributions to the corporation are tax deductible.
(e) The corporation shall, to the best of its ability, raise funds and gifts of property or services or both from individuals, corporations, foundations and any other public or private entities for the purpose of enhancing, expanding and maintaining programs, exhibits, buildings, visitor services, and any other purpose consonant with the responsibilities outlined in this chapter. The corporation may establish gift shops, concessions, rentals, membership programs, publications, and other revenue raising devices to meet its obligations to raise funds for operating and capital purposes.
(f) The corporation shall maintain a detailed inventory of its personal property which it shall incorporate in its annual financial report.
(g) The corporation shall maintain detailed records of all expenditures, and may, if requested through the commission, continue to utilize the Massachusetts management, accounting, and reporting system.
The corporation is obligated to preserve and maintain the health, welfare, life quality and humane treatment of the animal populations of the zoos. In furtherance thereof, the corporation may consult with the members of the Boston chapter of the American Association of Zoo Keepers. The corporation may also consult with the Massachusetts Society for the Prevention of Cruelty to Animals, the United States Department of Agriculture, and the American Association of Zoological Parks and Aquariums, as well as local organizations having expertise in conservation, education and management issues relating to zoos, with regard to the animal collection.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92b - Commonwealth Zoological Corporation › Section 7 - Fiscal Year; Report

Section 7. The corporation shall operate on the same fiscal year as the commonwealth and shall annually submit a detailed fiscal report of the corporation and the zoos' activities within ninety days after the end of each fiscal year to the commission and to the clerks of the house of representatives and the senate and the house and senate committee on ways and means.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92b - Commonwealth Zoological Corporation › Section 9 - Financial Assistance

Section 9. The corporation may request financial assistance from the commonwealth for any capital projects undertaken at the zoos. Capital projects shall not include routine maintenance and minor repairs. The corporation shall inform the division of capital asset management and maintenance when undertaking any capital construction projects or major renovations costing in excess of twenty-five thousand dollars; provided, however, that the corporation shall not be subject to the provisions of sections thirty-nine A to forty N inclusive, of chapter seven and sections twenty-seven and twenty-seven A to twenty-seven G, inclusive, and sections forty-four A to forty-four J inclusive, of chapter one hundred and forty-nine if funded from sources other than the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92b - Commonwealth Zoological Corporation › Section 10 - Existing Agreements; Incorporation by Reference

Section 10. The provisions of this chapter shall be construed to incorporate by reference any existing agreements between the commission and any other entity, public or private, except as otherwise provided in this chapter. The provisions of this chapter shall, to the extent permitted by law, be deemed to supersede any terms or conditions of any existing agreements which are in conflict with the provisions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92b - Commonwealth Zoological Corporation › Section 11 - Zoo Designations; Metropolitan Parks System

Section 11. The zoos shall continue to be known as the Franklin Park Zoo and the Walter D. Stone Memorial Zoo but the corporation may offer sponsor naming rights to the zoos or exhibits within the zoos and may add sponsor names to the existing names of the zoos or exhibits. The commonwealth shall at all times retain title to all real property and the appurtenances thereon; only the care, custody and control of the zoos shall be transferred to the corporation pursuant to this chapter. The zoos and all real property shall remain a part of the metropolitan parks system. In the event that, for any reason, the corporation dissolves, the commission shall assume responsibility for the zoos and their operation, and all funds, personal property, and animal collections shall revert to the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 92b - Commonwealth Zoological Corporation › Section 12 - Zoo Conditions; Report

Section 12. On or before January first, nineteen hundred and ninety-six, the corporation shall submit to the governor and the clerks of the house of representatives and the senate and the house and senate committees on ways and means, a report detailing the state of the zoos, their operation and management, and financial conditions. The report shall be studied with the purpose of determining whether the condition of the zoos has been improved by the corporation or whether the care, control and custody should return to the commonwealth, on behalf of the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 1 - Massachusetts Antitrust Act; Short Title Applicable to Secs. 1 to 14a; Purpose

Section 1. Sections one to fourteen A, inclusive, shall be known, and may be cited, as the ''Massachusetts Antitrust Act''. It is the purpose of this chapter to encourage free and open competition in the interests of the general welfare and economy by prohibiting unreasonable restraints of trade and monopolistic practices in the commonwealth. This chapter shall be construed in harmony with judicial interpretations of comparable federal antitrust statutes insofar as practicable.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 2 - Definitions

Section 2. For purpose of this chapter, the following words and terms shall have the following meanings:
''Attorney general'', the attorney general of the commonwealth and individuals designated by him in writing to act on his behalf in carrying out the purposes of this chapter.
''Demand'', a civil investigative demand issued pursuant to section eight of this chapter.
''Natural person'', not proprietorships, partnerships or any commercial entity.
''New England'', the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.
''Person'', natural persons, corporations and other legal entities.
''Trade or commerce'', the advertising, offering for sale, rent or lease, or the sale, rent, lease, furnishing or distribution of any service or any article, commodity or property, tangible or intangible, which directly and substantially affects the people of the commonwealth; provided, however, that trade or commerce shall not include the conveyance, transfer or use of real property.
''Trade secrets'', anything which constitutes, represents, evidences, or records secret or confidential scientific, technical, merchandising, production, management or commercial information.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 3 - Jurisdiction

Section 3. Nothing in the Massachusetts Antitrust Act, hereinafter referred to as the Act, shall apply to any course of conduct, pattern of activity, or activities unless they occur and have their competitive impact primarily and predominantly within the commonwealth and at most, only incidentally outside New England, or any course of conduct, pattern of activity, or activities which are the subject of a formal investigation, proceeding or other assertion of federal jurisdiction by the Federal Trade Commission, the United States Department of Justice or other federal agency.
For purposes of the Act, the burden of establishing jurisdiction shall be upon the party asserting such jurisdiction with respect to any course of conduct, pattern of activity, or activities of any person of whose gross revenue at least ten per cent is derived from transactions involving interstate commerce outside of New England; as to any course of conduct, pattern of activity or activities of all other persons, the party asserting lack of jurisdiction under this chapter shall have the burden of establishing same.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 6 - Discouraging Competition

Section 6. It shall be unlawful for any person engaged in trade or commerce, in the course thereof, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies or other commodities, patented or unpatented, for use, consumption or resale in the commonwealth, or fix a price charged therefor, or discount from, or rebate upon, such price on the condition, agreement or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies or other commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale or contract for sale or such condition, agreement or understanding may be to lessen substantially competition or tend to create a monopoly in any line of trade or commerce in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 7 - Exemptions

Section 7. No provision of this Act shall apply to (a) Any activities which are exempt from any of the federal antitrust laws or the Federal Trade Commission Act other than by reason of the absence of a sufficient involvement of or impact upon interstate commerce; (b) Any activities which are subject to regulation or supervision by state or federal agencies; or (c) Any activities authorized or approved under federal, state or local law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 9 - Civil Actions by Attorney General

Section 9. The attorney general may bring a civil action in the name of the commonwealth to prevent and restrain violations of section four, five or six of this chapter; as parens patriae on behalf of natural persons residing in the commonwealth, to secure monetary relief for damages sustained by such natural persons to their property by reason of any violation of section four; and on behalf of the commonwealth and its public agencies and political subdivisions for damages sustained, together with costs of suit, for injuries to their property by reason of violations of section four, five or six; provided, however, that unless the attorney general has brought a criminal complaint pursuant to section ten, the attorney general may bring a civil action in the name of the commonwealth to recover a civil penalty of not more than twenty-five thousand dollars for any course of conduct, pattern of activity or activities which violate section four, five or six. In any action brought on behalf of the commonwealth and its public agencies and political subdivisions for damages sustained to their property, if the court finds that the violation was engaged in with malicious intent to injure the commonwealth, public agency or political subdivision, the court may award up to three times the amount of actual damages sustained together with the costs of suit, including reasonable attorneys fees.
In any parens patriae action brought under this section where there has been a judicial determination that a defendant agreed to fix prices in violation of section four of this chapter, damages may be proved and assessed in the aggregate by statistical or sampling methods or by such other reasonable system of estimating aggregate damages as the court permits; a final judgment shall be res judicata as to any claim by any person on whose behalf such action was brought; and any monetary recovery shall be distributed in such manner as the court in its discretion may authorize or may be deemed by the court to be a civil penalty.
The superior court shall have jurisdiction of actions brought under this section. Such actions may be brought in any county where a defendant resides or has his principal place of business or in which the violation occurred in whole or in part, or with the consent of a defendant, the superior court for Suffolk county.
The attorney general may conclude any civil action brought under this section, or any investigation commenced or contemplated under section eight, by the acceptance of a written assurance of discontinuance or consent decree. Any consent decree shall be filed with the superior court and shall constitute a final judgment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 10 - Violations of Secs. 4 or 5 With Intent to Injure Person; Punishment; Jurisdiction

Section 10. Any person who knowingly violates sections four or five with specific intent to injure any person, or knowingly aids or participates in such violation with specific intent to injure any person, shall be punished by a fine not exceeding one hundred thousand dollars if a corporation, or, if any other person, by a fine not exceeding twenty-five thousand dollars or by imprisonment not exceeding one year, or both.
The superior court shall have jurisdiction of actions brought under this section. Such actions shall be brought by the attorney general in the county in which said violation occurred in whole or in part.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 11 - Judgment or Decree as Prima Facie Evidence; Effect on Public Contracts

Section 11. A final judgment or decree rendered in any civil or criminal proceeding brought by the attorney general under this chapter to the effect that a defendant has violated this chapter shall be prima facie evidence against such defendant in any action or proceeding brought by any other party against such defendant under this chapter as to all matters respecting which said judgment or decree would be an estoppel as between the parties thereto; provided, however, that this section shall not apply to consent judgments or decrees, or settlements which have not been fully litigated to their conclusion, none of which shall constitute either an admission or prima facie evidence. If a final judgment or decree is rendered in any civil or criminal proceeding brought by the attorney general under this chapter to the effect that a defendant has violated section four, the commonwealth or any city or town may void, rescind or cancel any contract to which the violation pertains or relates, and which was entered into with said defendant.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 12 - Civil Actions; Treble Damages; Attorneys Fees; Injunction; Stay

Section 12. Any person who shall be injured in his business or property by reason of a violation of the provisions of this chapter may sue therefor and recover the actual damages sustained, together with the costs of suit, including reasonable attorney fees. If the court finds that the violation was engaged in with malicious intent to injure said person, the court may award up to three times the amount of actual damages sustained, together with the costs of suit, including reasonable attorneys fees.
Any person may sue for injunctive relief to prevent threatened damage to his business or property under the same conditions and principles as injunctive relief is granted by courts of equity.
Commencement of an action by the attorney general under section nine, whereunder the attorney general acts as parens patriae on behalf of natural persons residing in the commonwealth, shall serve to stay any civil action under this section or under the provisions of chapter ninety-three A on behalf of said natural persons against the same defendant which is based in whole or in part on any matter complained of in the action commenced by the attorney general.
The superior court shall have jurisdiction of actions brought under this section. Such actions may be brought in any county where a defendant resides or has his principal place of business or in which the violation occurred in whole or in part, or, with the consent of a defendant, in the superior court for Suffolk county.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 13 - Limitations of Actions

Section 13. An action brought to enforce the provisions of this Act shall be barred unless commenced within four years after the cause of action accrued.
Whenever any civil or criminal proceedings shall be commenced by the commonwealth under this Act, the running of the statute of limitations with respect to every private right of action arising under this Act and based in whole or in part on any matter complained of in said proceedings shall be suspended during the pendency thereof and for one year thereafter; provided, however, that whenever the running of the statute of limitations with respect to a cause of action is suspended, any action to enforce such cause of action shall forever be barred unless commenced either within the period of suspension or within four years after the cause of action accrued.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 14f - Unfair Sales; Sales at Less Than Cost; Penalties

Section 14F. Any retailer who, with intent to injure competitors or destroy competition, advertises, offers to sell or sells at retail any item of merchandise at less than cost to the retailer, together with any sales taxes or excises levied or imposed upon such merchandise by the commonwealth or the United States of America not already included in the invoice or replacement cost to the retailer, or any wholesaler who, with intent as aforesaid, advertises, offers to sell or sells at wholesale any item of merchandise at less than cost to the wholesaler, together with any sales taxes or excises levied or imposed upon such merchandise by the commonwealth or the United States of America not already included in the invoice or replacement cost to the wholesaler, shall, if the offender is an individual, be punished by a fine or not more than five hundred dollars or by imprisonment for not less than one month nor more than one year, or both; or, if the offender is a corporation, by a fine as aforesaid. Evidence of any advertisement, offer to sell or sale of any item of merchandise by any retailer or wholesaler at less than cost to him, together with any sales taxes or excises levied or imposed upon such merchandise by the commonwealth or the United States of America not already included in the invoice or replacement cost to him, shall be prima facie evidence of intent to injure competitors or destroy competition.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 14g - Advertising or Offering to Sell or Selling at Retail or Wholesale Excepted

Section 14G. Sections fourteen E and fourteen F and sections fourteen H to fourteen K, inclusive, shall not apply with respect to advertising or offering to sell, or selling, at retail or at wholesale, as the case may be, if done (a) in an isolated transaction and not in the usual course of business; (b) where merchandise is sold in bona fide clearance sales, if advertised or offered for sale as such or marked and sold as such, or where merchandise is marked down in an effort to sell the same after bona fide efforts to sell the same prior to such markdown; (c) where perishable merchandise must be sold promptly in order to forestall loss; (d) where merchandise is imperfect or damaged or its sale is being discontinued, if advertised or offered for sale as such or marked and sold as such; (e) where merchandise is advertised or offered for sale or sold upon the final liquidation of any business; (f) where merchandise is advertised or offered for sale or sold for charitable purposes or to relief agencies; (g) where merchandise is sold on contract to any department, board or commission of the commonwealth or of any political subdivision thereof, or to any institution maintained thereby; (h) where the price of merchandise is made in good faith to meet the lower lawful price of a competitor which is based on a bona fide mark-up over a lower legal cost to the competitor as defined in paragraphs (a), (b), (c) and (d) of section fourteen E; or (i) where merchandise is advertised or offered for sale or sold by any fiduciary or other officer acting under the order or direction of any court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 14h - Injunction; Duties of District Attorneys

Section 14H. Upon complaint of any person, the superior court shall have jurisdiction to restrain and enjoin any act forbidden or declared illegal by any provision of sections fourteen E to fourteen K, inclusive; and it shall be the duty of the several district attorneys, in their respective districts, to enforce, and restrain the violation of, said sections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 14i - Conflict of Laws

Section 14I. Whenever the application of any provision of any other law of the commonwealth, except chapter sixty-four C, conflicts with the application of any provision of sections fourteen E to fourteen K, inclusive, said sections shall prevail. If any provision of said sections conflicts with the provisions of said chapter sixty-four C the provisions of said chapter shall prevail.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 14j - Partial Invalidity

Section 14J. If any provision of said sections fourteen E to fourteen K, inclusive, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of said sections, or the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 14k - Unfair Sales Act; Short Title Applicable to Secs. 14e to 14k

Section 14K. Sections 14E to 14K, inclusive, shall be known, and may be cited, as the ''Unfair Sales Act''.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 14l - Definitions Applicable to Secs. 14m to 14r

Section 14L. The following words as used in this section and in sections fourteen M to fourteen R, inclusive, shall, unless the context otherwise requires, have the following meanings:—
''Trading stamp'', any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount or for any other marketing purpose, which entitles the rightful holder, on its due presentation for redemption, to receive merchandise, service or cash. This term, however, shall not mean any redeemable device used by the manufacturer or packer of an article in advertising or selling it, or any redeemable device issued and redeemed by a newspaper, magazine or other publication.
''Trading stamp company'', any person engaged in distributing trading stamps for retail issuance by others, or in redeeming trading stamps for retailers, in any way or under any guise.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 14m - Distribution and Redemption of Trading Stamps; Printing; Minimum Value

Section 14M. No trading stamp company shall distribute trading stamps in the commonwealth or shall redeem trading stamps issued therein, unless each such stamp has legibly printed upon its face in cents or any fraction thereof a cash value as determined by said company. The said company shall, at the option of the rightful holder of such stamps, redeem the stamps in cash when duly presented for redemption in a number having an aggregate cash value of not less than twenty-five cents.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 14o - New Bonds; Liability

Section 14O. On the effective date of each new bond filed with the statement of registration, all liability on bonds previously filed shall terminate, and in the event of default by the trading stamp company to redeem such stamps the rightful holders of trading stamps shall file their proofs of claim with the state treasurer and shall have their claims satisfied, as provided in section fourteen Q, solely from the principal sum of the new bond.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 14p - Cessation of Business; Conditions Precedent

Section 14P. No trading stamp company shall cease the distribution and redemption of trading stamps in the commonwealth unless it notifies the state treasurer in writing at least ninety days prior to such cessation, and gives such written notice at such time to each retailer within the commonwealth which has at any time theretofore within one year issued trading stamps which the company is obligated to redeem.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 14q - Redemption of Stamps; Defaults; Procedure

Section 14Q. In the event a trading stamp company defaults in the performance of its obligation to redeem trading stamps, any rightful holder shall be entitled to file within three months after such default a complaint with the state treasurer. Upon the filing of any such complaint the state treasurer shall forthwith make a determination whether there has been a default. If he shall determine that there has been such a default he shall give notice of such determination by publishing the same in three consecutive publications of one or more newspapers published in the city of Boston and having general circulation throughout the commonwealth and therein require that proof of all claims for breach of the obligation upon the performance of which the bond is conditioned shall be filed with him, together with the trading stamps upon which the claim is based, within three months after the date of the first such publication. The state treasurer promptly after the expiration of such period shall determine the validity of all claims so filed. Thereupon the state treasurer shall be paid by the surety such amount as shall be necessary to satisfy all valid claims so filed, not exceeding, however, the principal sum of the bond, and the state treasurer shall make an equitable distribution of the proceeds of the bond to such claimants and shall destroy the trading stamps so filed with him.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 14r - Penalties for Violation of Secs. 14m to 14p; Jurisdiction

Section 14R. Any trading stamp company which violates any provision of sections fourteen M to fourteen P, inclusive, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or both, and the superior court shall have jurisdiction in equity on the complaint of any interested person to restrain and enjoin the violation of any of said provisions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 14s - Redemption of Credit Slips; Time Limitation

Section 14S. A credit slip issued by a store to a buyer who returns goods, which credit slip enables said buyer to receive other goods of similar value in exchange for the returned goods, may contain a limitation of not less than 7 years within which time said credit slip may be used.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 15 - Publication of Statement of Financial Condition of Mining Corporation

Section 15. No officer, agent, clerk or servant of a mining corporation, and no person dealing in the shares of such corporation, shall cause to be published any advertisement of the shares of such corporation in which any statement is made of the value of the property of the corporation, or of its present or prospective earnings, or of a prospective increase in the price of the shares, unless the president and a majority of the directors of such corporation, within sixty days prior to the date of the publication of such advertisement, shall have filed with the state secretary in such form as he shall prescribe, a statement on oath of the financial condition of the corporation, a full description of its property, and a statement of the earnings, if any, from the operation of the same for the fiscal year next preceding the date of the filing of the said statement. Whoever violates this section shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 16 - False Statement Filed With Commissioner

Section 16. An officer or director of a mining corporation who signs any false statement filed with the state secretary under the preceding section, knowing such statement to be false, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than two years.