HOUSE DOCKET, NO. 244        FILED ON: 1/9/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 232

The Commonwealth of Massachusetts

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PRESENTED BY:

Louis L. Kafka

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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 the residential contractors guaranty fund.

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PETITION OF:

HOUSE DOCKET, NO. 244        FILED ON: 1/9/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 232

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1890 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to the residential contractors guaranty fund.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 1: Section 5 of Chapter 142A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, in line 9, by striking out the words “exhausted all customary and reasonable efforts to collect the judgment” and substituting in place thereof the words “obtained a judgment or arbitration award”

Section 2: Section 5 of Chapter 142A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, in line 12, by striking out the sentences “The director shall promulgate such regulation as he may deem necessary to implement the fund under this chapter.  Prior to the adoption, amendment or repeal of any regulation the director shall give notice and hold a public hearing in accordance with the requirements of chapter thirty A.” and substituting in place thereof the sentences “In the case that the contractor has filed for bankruptcy, the owner must provide evidence confirming the bankruptcy status of the contractor from the U.S. Bankruptcy Court.  In the case that the contractor is suspected of having fled the jurisdiction, the owner must provide evidence of attempted service of a writ or execution by a sheriff or constable at the contractor’s last known business address, and of the efforts to ascertain the whereabouts of the contractor.  In the case that the owner is unable to collect such judgment after execution, the owner must provide evidence of writ of execution by sheriff or constable, and demand for payment made but the judgment remains unsatisfied.”

Section 3: Section 5 of Chapter 142A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, in line 17, by striking out the words “and such regulations as the director may promulgate as they relate to the fund”

Section 4: Section 7 of Chapter 142A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, in line 2, by inserting after the word “three”, the words “and section five”

Section 5: Section 7 of Chapter 142A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, in line 4, by striking out the words “exhausted all customary and reasonable efforts to collect the judgment or award”