An Act relative to the definition of fraud in public construction bid laws

This legislation clarifies what constitutes fraud in the public bidding process. Passage of this bill would improve the Office of the Attorney General’s ability to root out fraud and misrepresentation in the public bidding arena and ensure transparency and integrity. Our public construction bid laws do not define fraud.  The Supreme Judicial Court ruling in Fordyce v Town of Hanover narrowed the definition of fraud in the public bidding context so much that the only false statements that constitute fraud are those that cause actual harm to the awarding authority. This bill addresses this by making it clear that contractors who intentionally attempt to deceive awarding authorities cannot be awarded contracts.  

An Act relative to sheriffs

This legislation includes recommendations approved by the Sheriff’s Commission (final report filed as S.1865 during the 2013-2014 legislative session). This bill:

  • Exempts the Sheriffs from the prohibition on providing meals to employees by allowing collective bargaining on this issue

  • Establishes a Corrections Advisory Board with the aim of improving coordination across the criminal justice system and establishing best practices in all aspects of corrections operations

  • Provides for an HRD assessment of current Sheriffs’ Office’s human resources policies and practices

  • Places deputy sheriffs in Group 4 and provides injured in the line of duty benefits

  • Updates the civil process operations.  

An Act relative to the retirement of MassPort officers

MassPort police officers provide high level public safety services for the Commonwealth on essential properties that are controlled by the agency. These officers share jurisdiction with the Massachusetts State Police in essential public areas like Logan Airport and the Seaport. Despite their duties and qualifications matching any police department in the state, they have been incorrectly relegated to group 2 for the purposes of the retirement system.

This legislation brings MassPort officers into group 4, which is reflective of their work.

An Act relative to single sales factor

This bill provides as an election (an opt-in and not mandatory) single sales factor apportionment to all Massachusetts industries in the Commonwealth. The Single Sales Factor apportionment is the ratio of Massachusetts sales to overall sales. Under current law, it applies to manufacturing companies, qualifying defense contractors, and qualifying financial service providers.