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| 2 | 2 | | HOUSE DOCKET, NO. 3278 FILED ON: 1/17/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3385 |
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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 | | Christopher M. Markey |
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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 further defining fraud in public construction contracts. |
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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:Christopher M. Markey9th Bristol1/17/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3278 FILED ON: 1/17/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3385 |
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| 18 | 18 | | By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 3385) of |
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| 19 | 19 | | Christopher M. Markey relative to further defining fraud in public construction contracts. State |
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| 20 | 20 | | Administration and Regulatory Oversight. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 3086 OF 2023-2024.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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| 26 | 26 | | (2025-2026) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act further defining fraud in public construction contracts. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 Subsection (a) of section 39M of chapter 30 of the General Laws, as appearing in the |
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| 32 | 32 | | 22022 Official Edition is hereby amended by striking out, in lines 21 to 23, the words “The |
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| 33 | 33 | | 3undersigned certifies under penalties of perjury this bid is in all respects bona fide, fair and made |
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| 34 | 34 | | 4without collusion or fraud with any other person” and inserting in place thereof the following |
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| 35 | 35 | | 5words – |
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| 36 | 36 | | 6 “The undersigned certifies under penalties of perjury that this bid is in all respects bona |
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| 37 | 37 | | 7fide, fair and made without collusion with any other person or entity or fraud. As used in this |
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| 38 | 38 | | 8paragraph the word “fraud” shall mean a statement, act or omission relating to a material fact of |
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| 39 | 39 | | 9significant importance to the construction project at issue that (i) has been relied upon to |
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| 40 | 40 | | 10detriment of an awarding authority or its representatives (ii) is knowingly false or misleading or 2 of 2 |
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| 41 | 41 | | 11is in reckless disregard of its truth or falsity and (iii) is intended to mislead and has been shown |
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| 42 | 42 | | 12by clear and convincing evidence to have done so” |
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