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| 2 | 2 | | HOUSE DOCKET, NO. 1986 FILED ON: 1/15/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3375 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Michael P. Kushmerek |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act utilizing apprenticeship programs for career paths in construction. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Michael P. Kushmerek3rd Worcester1/15/2025Angelo J. Puppolo, Jr.12th Hampden1/27/2025Aaron L. Saunders7th Hampden1/28/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1986 FILED ON: 1/15/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3375 |
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| 18 | 18 | | By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 3375) |
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| 19 | 19 | | of Michael P. Kushmerek, Angelo J. Puppolo, Jr. and Aaron L. Saunders relative to |
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| 20 | 20 | | apprenticeship programs for career paths in construction. State Administration and Regulatory |
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| 21 | 21 | | Oversight. |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act utilizing apprenticeship programs for career paths in construction. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. “Bid” shall mean any bid, proposal, or quote rendered by a contractor at any |
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| 31 | 31 | | 2level to the public agency or to another contractor for the performance of work on a public works |
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| 32 | 32 | | 3project. |
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| 33 | 33 | | 4 SECTION 2. “Construction contract” shall mean any public works contract as defined |
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| 34 | 34 | | 5herein with a value in excess of $1,000,000. |
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| 35 | 35 | | 6 SECTION 3. “Public agency” means a department, agency, board, commission, |
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| 36 | 36 | | 7authority, or other instrumentality of the commonwealth, political subdivision of the |
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| 37 | 37 | | 8commonwealth, city, town, or by persons contracting or subcontracting for a public works. |
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| 38 | 38 | | 9 SECTION 4. “Public works” means the construction, reconstruction, alteration, |
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| 39 | 39 | | 10remodeling, repair or demolition of any public building or any other public works by a public |
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| 40 | 40 | | 11agency. 2 of 2 |
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| 41 | 41 | | 12 SECTION 5(a). Notwithstanding any general or special law to the contrary, a public |
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| 42 | 42 | | 13agency shall require, as a condition of bidding on a construction contract for public works, that |
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| 43 | 43 | | 14all construction managers, general contractors and subcontractors at any level at the time of |
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| 44 | 44 | | 15bidding maintain or participate in a bona fide apprentice training program as defined under G.L. |
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| 45 | 45 | | 16c. 23, §§11H and 11I for each apprenticeable trade or occupation represented in their workforce |
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| 46 | 46 | | 17that is approved by the Division of Apprentice Standards of the Executive Office of Labor and |
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| 47 | 47 | | 18Workforce Development, and must register all apprentices with the Division and abide by the |
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| 48 | 48 | | 19apprentice to journeyman ratio for each trade prescribed therein in the performance of any work |
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| 49 | 49 | | 20on a public works project; provided further, that in the event the public agency does not receive |
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| 50 | 50 | | 21any bids from a qualified and responsible bidder maintaining or participating in such an |
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| 51 | 51 | | 22apprentice training program, the public agency may resolicit bids for that category of work |
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| 52 | 52 | | 23without the requirements of this section. This section does not require the program to qualify as |
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| 53 | 53 | | 24an employee welfare benefit plan under the Employee Retirement Income Security Act of 1974 |
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| 54 | 54 | | 25(ERISA), 29 U.S.C. §§1001-1461. |
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| 55 | 55 | | 26 (b) Any bidder for a public works project that does not maintain or participate in a bona |
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| 56 | 56 | | 27fide apprentice training program as defined under G.L. c. 23, §§11H and 11I for each |
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| 57 | 57 | | 28apprenticeable trade or occupation represented in their workforce that is approved by the |
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| 58 | 58 | | 29Division of Apprentice Standards of the Executive Office of Labor and Workforce Development |
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| 59 | 59 | | 30shall not be regarded as a responsible and eligible bidder. |
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| 60 | 60 | | 31 SECTION 6. The provisions of this act are severable and if any provision is determined |
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| 61 | 61 | | 32to contravene state or federal law, the remainder of this act shall remain in full force and effect. |
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