Government Affairs activities and news for MALSCE members
by Abbie Goodman, MALSCE Chief of External Affairs
News Impacting MALSCE members:
- Beneficial Ownership Reporting Requirements Corporate Transparency Act (CTA) Halted for now, as of 12/3/2024
On 12/3/24, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily suspending enforcement of the beneficial ownership reporting requirements. This decision pauses the January 1, 2025, deadline for filing BOI reports – unless overturned or modified by the courts. Firms with 20 employees or less that have not yet filed should continue preparing by gathering the necessary information to comply. Last week, the Department of Justice, on behalf of the Financial Crimes Enforcement Network (FinCEN), filed motions requesting a stay or modification of the injunction. The government requested a ruling from the Fifth Circuit Court of Appeals no later than December 27, 2024. The Fifth Circuit set a briefing schedule calling for a response from the plaintiffs by December 17 and a reply from the government by December 19. If the injunction is lifted or the Firth Circuit grants a stay, businesses will still need to file by the January 1, 2025, deadline. FinCEN could choose to voluntarily delay the reporting deadline but so far has not done so. More
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- Note: The CTA requires certain businesses to file Beneficial Ownership Information reports with the Financial Crimes Enforcement Network (FinCEN) at Treasury. BOI reports must be filed by existing firms by 12/31/2024. Firms with ≤ 20 employees and firms with < $5M in gross receipts must file BOI reports with FinCEN. Larger firms may also be required to file BOI reports, depending on their structure. More
- Legal Challenges to Federal DBE Program
In September 2024, a federal district court in Kentucky ruled that the race- and gender-based contracting preferences used in the U.S. DOT Disadvantaged Business Enterprise (DBE) program violate the Constitution’s guarantee of equal protection under the Fourteenth Amendment. This decision and subsequent November court decision may disrupt longstanding procurement frameworks and force public agencies and the contracting community to significantly modify their approaches. More
Legislative Session
- Economic Development Bond bill signed into law by Governor Healey on November 20. Because this was a bond bill, it required the legislature to take a roll call vote in each chamber: More
- Governor Healey signed Clean Energy bill into law on November 20, 2024: S.2967, An Act Promoting a Clean Energy Grid, Advancing Equity, and Protecting Ratepayers, reforms the siting and permitting of clean energy facilities, while responsibly reforming the gas distribution system. It vastly expands the electric vehicle (EV) charging network, incentivizes innovative technologies such as battery storage, fusion energy, advanced metering and meter socket adapters, includes measures to protect residents from high energy costs, and equips state agencies with the mandate to fight climate change. More
- During informal session, some bills are still passing and going to the Governor’s desk, if there is no objection from any legislator.
- New Legislative session starts January 1, 2025: New Legislators To Join Massachusetts Legislature in 2025
Division of Occupational Licensure: Board of Registration of Professional Engineers and Professional Land Surveyors
Next Board of Registration of Professional Engineers and Professional Land Surveyors public meeting is posted as: December 19, 2024.
The Board of Registration is planning to hold this meeting on Teams. For meeting details, go to this page two business days before the meeting and scroll down to the meeting listing to download the agenda with either location or connection instructions.
- Highlights of the November 20, 2024 Board of Registration Meeting:
- The Division of Occupational Licensure records its boards’ meetings.
- This meeting was held on Teams only. The planned December 19 meeting is expected to be on Teams. The Board might return to hybrid meetings in the future, if at least one-quarter of the board can attend in person.
- Chair Paul Tyrell called the meeting to order.
- The Board discussed its draft schedule of meetings for calendar year 2025.
- The Board approved the October 31 public meeting minutes.
- Also, they also approved final public meeting minutes for the July 25, 2024 public meeting which were posted on the Board’s website in late November. This July meeting featured a detailed discussion of the Registries of Deeds Issues.
Board Counsel Legal Report from Philip Chan:
- No Change: Draft Continuing Professional Competency Regulations are still in the Executive Office of Administration and Finance and then would move on to the Secretary of State’s office for review.
Executive Director report by Kathleen McNally:
- Still chipping away at the NCEES enforcement exchange list
- There is progress in the conversion of JP exam to computer-based-testing, but the fall 2024 exam was a pencil and paper exam.
- The Board discussed resolution of two investigations. Here are the consent orders:
- Michael Burke Consent Order
- Bruce Bradford Consent Order
The Board’s Public Meeting adjourned at about 10:05 am.