Amendment #101 to H4860

Treble Damages Amendment

Ms. Vincent of Revere moves to amend the bill, as amended, by striking SECTION 75 in its entirety and inserting in place thereof the following:

“SECTION 75.  Chapter 231 of the General Laws is hereby amended by inserting after section 85AA the following section:-

Section 85BB.  (a)  For purposes of this section, a “public employee” shall mean any employee employed by a state agency or state authority, or by a city or town.

(b)  Any public employee who knowingly submits to a state agency, state authority, city, town or agency, a false or fraudulent claim of hours worked for payment and receives payment therefor or knowingly makes, uses or causes to be made or used a false record or statement material to a false or fraudulent claim of hours worked for payment that results in an employee receiving payment therefor or any person who conspires to commit a violation of this section shall be punished by a fine of 3 times the amount of the fraudulent wages paid or by imprisonment for not more than 2 years.

(b) In any action brought pursuant to this section, the party bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence."

Additional co-sponsor(s) added to Amendment #101 to H4860

Treble Damages Amendment