Amendment #231 to H5007

Closing Loophole in Prevailing Wage Law to Protect Workers

Representatives Cutler of Pembroke and Roy of Franklin move to amend the bill by adding the following sections:

SECTION XX. Section 27D of chapter 149 of the General Laws is hereby amended by inserting at the end thereof the following new paragraphs:-

For the purposes of this section, the words “construction” and “constructed” shall include offsite fabrication work for any project covered by this section. In such cases, the wage required under this chapter shall be paid for such work and the requirements of Section 27B of chapter 149 shall apply to such work, including, but not limited to, weekly submission of certified payroll records and an accompanying statement made under penalties of perjury. Penalties provided under Section 27C of chapter 149 shall apply to such work.

The term “offsite fabrication” means products or items that are: (a) produced specifically for a qualified project; (b) considered to be non-standard items; and (c) produced at an offsite location, including, but not limited to those made or consisting of fabricated pipe, piping materials or fixtures, electrical wiring, sheet metal materials, or any systems, components or modular units made of any of the foregoing. Nothing in the foregoing definition of “offsite fabrication” is intended to restrict application of Section 26 of chapter 149 of the General Laws or to prevent the Commonwealth, or a county, town, authority or district thereof contracting for the construction of public works from giving preference to offsite fabrication performed at an offsite location within a specific geographical area.

SECTION XX. Section 27B of chapter 149 of the General Laws is hereby amended by inserting at the end thereof the following new paragraph:

For any offsite fabrication work subject to this section, the contractor, subcontractor or public body shall include a section in their weekly certified prevailing wage records that provides: (a) the name and address of the manufacturer, shop or other type of prefabrication facility where the fabrication work was performed; and (b) the name, address, and occupational classifications of each mechanic, apprentice, laborer or other employee employed in the performance of such work, the hours worked by, and wages paid to, each such employee.

SECTION XX. The two preceding sections shall take effect upon their passage

Additional co-sponsor(s) added to Amendment #231 to H5007

Closing Loophole in Prevailing Wage Law to Protect Workers