HOUSE DOCKET, NO. 3244        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3435

The Commonwealth of Massachusetts

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PRESENTED BY:

Aaron Vega

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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 public construction employment for Massachusetts residents.

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PETITION OF:

HOUSE DOCKET, NO. 3244        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3435

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to public construction employment for Massachusetts residents.

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. Subsection (b) of section 39M of chapter 30 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-

The awarding authority shall incorporate section 44N of chapter 149 into the specifications.

SECTION 2. Subsection (1) of section 44B of chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-

The awarding authority shall incorporate section 44N into the plans and specifications.

SECTION 3. Said chapter 149 is hereby amended by inserting after section 44M the following section:-

44N. (a) As used in this section, the following words shall have the following meanings:

“Contractor”, a person, agency, firm, business, developer, bidder, subcontractor or contractor hired to service a public construction contract as defined in this section, excluding design services.

“Public construction contract”, any contract awarded by a public agency as defined in section 44A of chapter 149 pursuant to section 44A of chapter 149 or section 39M of chapter 30 worth $250,000 or more.

“Massachusetts resident”, any person whose principal place of residence has been the commonwealth for 180 days or more immediately prior to the awarding, contracting or permitting of a public construction contract. Proof of residence may include, but is not limited to, a valid Massachusetts driver's license, a utility bill or proof of voter registration within the commonwealth.

(b) Residents of Massachusetts and a diversity of people qualified by craft should be part of and benefit from public construction projects in the commonwealth. Therefore, it is appropriate for the commonwealth to require that each public construction contract include employment opportunities for Massachusetts residents.

(c) A contractor performing under a public construction contract shall provide employment in the amount of 35 per cent minimum per craft of the total hours performed on any craft for which 10 or more hours of labor is performed to Massachusetts residents qualified by craft.

(d) The contractor shall make every effort to hire workers from the municipalities where they are working in which the public construction contract is being performed.

(e) Whoever provides false information to establish that he or she is a Massachusetts resident shall be punished by a fine of not more than $1,000.

(f) Any contractor who violates subsection (c) shall be prohibited from participating in a public construction contract for a period of not more than 1 year from the date of the violation.

(g) The attorney general or a designee shall have all the necessary powers to require compliance with this section.