SENATE DOCKET, NO. 137 FILED ON: 1/11/2013
SENATE . . . . . . . . . . . . . . No. 1507
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The Commonwealth of Massachusetts
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PRESENTED BY:
Michael O. Moore
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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 definition of fraud in public construction bid laws.
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PETITION OF:
Name: | District/Address: |
Michael O. Moore | Second Worcester |
Sal N. DiDomenico | Middlesex and Suffolk |
Barry R. Finegold | Second Essex and Middlesex |
Thomas M. McGee | Third Essex |
Brian A. Joyce | Norfolk, Bristol and Plymouth |
Katherine M. Clark | Fifth Middlesex |
Bruce E. Tarr | First Essex and Middlesex |
SENATE DOCKET, NO. 137 FILED ON: 1/11/2013
SENATE . . . . . . . . . . . . . . No. 1507
By Mr. Michael O. Moore, a petition (accompanied by bill, Senate, No. 1507) of Michael O. Moore, Sal N. DiDomenico, Barry R. Finegold, Thomas M. McGee and other members of the Senate for legislation to define fraud in the public bidding process. State Administration and Regulatory Oversight. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2212 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 definition of fraud in public construction bid laws.
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 (a) of section 39M of chapter 30 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 21 to 23, the words “The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person” and inserting in place thereof the following words:-
The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion with any other person or fraud. As used in this paragraph the word “fraud” shall mean a statement, act or omission relating to a material fact that (i) has the natural tendency to be relied upon by or to influence the average person, (ii) is knowingly false or misleading or is in reckless disregard of its truth or falsity and (iii) is intended to mislead, regardless of whether the statement, act or omission is actually relied upon.
SECTION 2. Section 44A of chapter 149 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “ Eligible” the following definition:-
“Fraud”, a statement, act or omission relating to a material fact that (i) has the natural tendency to be relied upon by or to influence the average person, (ii) is knowingly false or misleading or is in reckless disregard of its truth or falsity and (iii) is intended to mislead, regardless of whether the statement, act or omission is actually relied upon.
SECTION 3. Section 2 of chapter 149A of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Designer” the following definition:-
“Fraud”, a statement, act or omission relating to a material fact that (i) has the natural tendency to be relied upon by or to influence the average person, (ii) is knowingly false or misleading or is in reckless disregard of its truth or falsity and (iii) is intended to mislead, regardless of whether the statement, act or omission is actually relied upon.
SECTION 4. Clause (6) of section 19 of said chapter 149A of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following 2 sentences:-
Any person submitting a bid under this section shall, on such bid, certify as follows: The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion with any other person or fraud. As used in this paragraph the word “fraud” shall mean a statement, act or omission relating to a material fact that (i) has the natural tendency to be relied upon by or to influence the average person, (ii) is knowingly false or misleading or is in reckless disregard of its truth or falsity and (iii) is intended to mislead the prequalification committee or awarding authority.