Amendment ID: S2546-13-R1

Redraft Amendment 13

Corrective Amendment

Ms. Spilka moves that the proposed new draft be amended in section 5, by striking out, in line 37, the word “sentence” and inserting in place thereof the following words:- “and third sentences and the fourth paragraph”; and

in said section 5, by striking out, in line 38, the words “, 148C or” and inserting in place thereof the following words:- “ or 148C, the fourth sentence of section 150, section”; and

in said section 5, in the first paragraph of proposed subsection (c) of proposed section 148E of the General Laws, by adding the following sentence:- “A successor entity to any lead contractor, labor contractor or labor subcontractor subject to liability under this section shall also be liable under this section if that entity: (i) has 1 or more of the same principals or officers as the person or entity subject to liability; and (ii) is engaged in the same or equivalent trade or activity as the person or entity subject to liability.”; and

in said section 5, by inserting after the word “contractor”, in line 82  the following words:- “or labor contractor”; and

in said section 5, by inserting, in line 98, after the word “contractor”, the second time it appears, the following words:- “and the entity that secured the bond demonstrates that the bond secured has been used to cover wages owed under the wage theft claim”; and

in said section 5, by inserting  after the word “may”, in line 104, the following words:- “either: (i) provide the unpaid wages directly to the person performing labor for the lead contractor; or (ii)”; and

in said section 5, by inserting after the word “determines”, in line 124, the following words:- “after an investigation”; and

in said section 5, by striking out, in line 146, the words “chapter 30A” and inserting in place thereof the following words:- “subsection (b) section 39 of chapter 151A”; and

in said section 5, by inserting, after the word “determination”, in line 162, the following words:- “based on an investigation”.