reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 17 - Bond Premiums; Reimbursement

Section 17. If an official having custody of property of the commonwealth, or charged with the duty of receiving or disbursing money, is required to give bond to the commonwealth for the faithful discharge of his duty, the commonwealth shall reimburse him for the amount paid by him to a surety company for becoming surety on his official bond. Premiums on all surety bonds paid by the commonwealth shall be paid out of the appropriations for expenses of the several officers and departments.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 18 - Examination of Bonds

Section 18. Every public official having custody of any bond for the faithful performance of the duties of any office, occupation, agency or trust, requiring the approval of any court, public officer, department or board other than the governor and council, shall, except in those cases where the duty is imposed upon the director of accounts, annually in March examine into the sufficiency of every such bond, and shall, whenever at any other time there is reason to believe that any such bond has become insufficient, examine into its sufficiency. The governor shall appoint a committee of the council which shall annually in March make such examination of bonds required to be approved by the governor or by the governor and council. If a bond is found upon examination to be insufficient, the person who has examined it shall forthwith notify the principal thereof and shall require him, within thirty days after the date of such notice, to file a new bond in conformity with law. All bonds requiring the approval of the state treasurer and all bonds requiring his examination as to their sufficiency shall, when he deems it necessary, be secured by a surety company approved by the commissioner of insurance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 19 - Failure to File Sufficient Bonds; Removal of Principal

Section 19. If a new bond is not filed, as required by the preceding section, the governor with the advice and consent of the council, shall remove the principal from such office or trust or terminate his authority to exercise such occupation or agency.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 20 - Bonds Deposited With County Treasurers; Examination

Section 20. Bonds of public officers, except officers in Suffolk county, required to be deposited with county treasurers shall, at least once a year, be examined by the director of accounts or his representative. If such bond is insufficient, he shall report to the superior court, which shall require a new bond, satisfactory to it, within such time as it shall order.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 22 - Plurality of Offices; Penalties

Section 22. Whoever wilfully violates the preceding section or wilfully accepts or holds office in violation of article two of chapter six of the second part of the constitution, as amended by article twenty-seven of the amendments thereof, shall forfeit to the commonwealth the compensation from all offices held in violation of said provisions during the time they are so held, to be recovered by the attorney general, upon written complaint made within one year by any citizen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 23 - Full Time Devotion to Duties; Certain State Officers

Section 23. Any person in any executive or administrative department who is appointed to office by the governor, with the advice and consent of the council, and who is paid a salary, may be required by the governor, with like advice and consent, to give his whole time to the duties of his office.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 23a - Certain Trustees of State Institutions; Plurality of Positions

Section 23A. Any trustee of a state institution who is appointed to such office by the governor, with the advice and consent of the council, shall, during the term for which he was appointed, be ineligible to hold any other office or position in said institution.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 24 - Office Hours

Section 24. All offices under the jurisdiction of any department of the state government shall be open to the public for the transaction of business daily on days other than Saturdays, Sundays and legal holidays for such hours, beginning not later than nine o'clock in the forenoon and ending not earlier than five o'clock in the afternoon, as may be set by the department head subject to the approval of the commissioner of administration, except that, if the convenience of the public so requires, any department head, subject to like approval, may keep any office under his jurisdiction open on any Saturday, not a legal holiday, from nine o'clock in the forenoon to twelve o'clock noon, and give any employee required to work on Saturday equivalent time off without loss of compensation. When the day or the last day for the performance of any act, including the making of any payment or tender of payment, authorized or required to be performed at such an office falls on a Saturday, Sunday or legal holiday, the act may be performed on the next succeeding business day.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 24a - Working on Legal Holidays; Compensation; Exceptions

Section 24A. If any person employed by the commonwealth is required to work on any legal holiday, as listed in the first sentence of clause Eighteenth of section seven of chapter four, he shall be given an additional day off or, if such additional day off cannot be given by reason of a personnel shortage or other cause, he shall be entitled to an additional day's pay; provided, that any person whose regular day off, other than a Saturday, falls on any such legal holiday shall be given an additional day off or, if such additional day off cannot be given by reason of a personnel shortage or other cause, an additional day's pay; and provided, further, that if the regular day off of any such person is Saturday and any such legal holiday falls on a Saturday, such person shall, where possible, be given the preceding Friday off without loss of pay, or if said day off cannot be given by reason of a personnel shortage or other cause, he shall be given an additional day off, as hereinbefore provided for other persons whose regular day off falls on a legal holiday, or, in lieu thereof, an additional day's pay.
This section shall not apply to elected officers, appointees of the governor, heads of departments and divisions, superintendents of institutions in the departments of mental health, developmental services, public health, public welfare, state-operated veterans' homes and agencies under the jurisdiction of the department of youth services, to presidents of educational institutions or to principal officers in the correctional institutions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 24b - Assignments of Employee From Lower to Higher Grade

Section 24B. Whenever an employee in a lower grade is assigned the duties of a position in a higher grade for a period of thirty days or longer, the appointing officer shall, if a vacancy exists or is to exist for the position in the higher grade, forthwith submit to the personnel administrator a requisition for approval of the appointment of such employee to such position. The approval of said administrator of such an appointment shall, if given, take effect as of the earliest date, as determined by the administrator, that he could have approved the appointment if acted upon by him on the date the appointment was made, but in no case shall he approve an appointment to take effect earlier than sixty days next preceding the date of the receipt of said requisition by him.
This section shall not apply to assignment of a person to cover a higher position when the holder of the higher grade position is absent on vacation leave, but shall apply when the holder of such higher graded position is on sick leave.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 24c - Overtime Pay; Prior Written Approval

Section 24C. No compensation shall be paid to any employee of the commonwealth for overtime services except upon the prior written approval of such overtime by the appointing authority, and, in the case of a department, office, commission, board or institution within any of the executive offices established by chapters six A and seven, upon the prior written approval of the secretary having charge of such executive office, in accordance with regulations established under section twenty-eight of chapter seven.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 25 - Expenses of State Officers, Etc.

Section 25. State officers, and members of departments receiving a salary or its equivalent, who are provided with offices by the commonwealth and whose duties require regular attendance at such offices, shall not be allowed or paid by the commonwealth any expenses in the nature of traveling or living expenses. Such officers or members of departments whose duties require them to travel elsewhere than to and from the offices provided for them by the commonwealth, and unpaid state officers or members of departments, and those whose duties do not require daily attendance and who receive compensation by the day, shall be allowed their actual reasonable expenses incurred in the performance of such duties, if such expenses are authorized by law to be paid by the commonwealth. Bills for such expenses shall be itemized and the dates when, and the purposes for which, such expenses were incurred shall be stated before their allowance by the comptroller.
In the case of allowable expenses incurred in the operation of private motor vehicles used in the performance of official duties, the maximum reimbursement shall not exceed a maximum established by the commissioner of administration. Said maximum shall be equivalent to the maximum reimbursement payable to state employees who are covered under a collective bargaining agreement for which an appropriation has been made by the general court. Said commissioner shall adjust said maximum, if such adjustment is required, on July first of each year and shall file a notice of such adjustment with the house and senate committees on ways and means at least ninety days prior to said date.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 25a - Death Away From Home; Return of Body; Expenses

Section 25A. If any state officer or member of a department who is allowed actual and reasonable expenses incurred while traveling in the performance of duty, under the provisions of section twenty-five, dies while in the performance of such duty away from home, his body shall be returned to his home at the expense of the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 25b - Out-of-State Travel Expenses; Restrictions

Section 25B. No officer or employee of the commonwealth may travel out of state at public expense except in accordance with rules and regulations established by the commissioner of administration for the expenditure of funds for travel out of state by employees of the commonwealth, and except with the prior written approval of his appointing authority, and, in the case of a department, office, commission, board, or institution within any of the executive offices established by chapters six A and seven upon the prior written approval of the secretary having charge of such executive office. The officer approving such out-of-state travel shall forthwith file notification of such approval with the budget director and the comptroller.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 27 - Money Received for Commonwealth; Daily Remittance; Exceptions

Section 27. Except as otherwise expressly provided, all fees or other money received on account of the commonwealth shall be paid daily into the treasury thereof, but if in the opinion of the commissioner of administration and the state treasurer the interests of the commonwealth require, payments may be made weekly in accordance with such rules and regulations as the state treasurer may prescribe.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 28 - Books and Accounts; Fiscal Year

Section 28. All books and accounts of all offices, departments, boards, commissions and institutions of the commonwealth shall be kept by the fiscal year established for them, respectively, by clause ninth of section seven of chapter four.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 29 - State Institutions; Keeping Books and Accounts

Section 29. Every treasurer and disbursing officer of a state institution shall maintain an office at his institution where all books, accounts and vouchers of such institution shall be kept. The books shall show all receipts and disbursements on account of the institution.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 30 - Official Letters; Size of Paper

Section 30. Official letters of departments, institutions or officials of the commonwealth shall be written or printed, so far as practicable, on paper eight and one half inches wide and eleven inches long.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 30a - Official Letterheads; Uniform Style

Section 30A. The state secretary, the commissioner of administration and the state purchasing agent shall, after consultation with state officers, heads of departments and superintendents of institutions, determine a uniform style of headings for letterheads to be used by all executive and administrative officers and departments and all institutions; but other styles may be authorized in limited quantities for special purposes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 31 - Printing, Binding and Procuring Stationery for Commonwealth Offices and Departments

Section 31. The printing, binding and procuring of stationery for the use of the several offices and departments of the commonwealth shall be under the direction of the heads of said offices or departments and shall be approved by them.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 32 - Annual Reports

Section 32. On or before the first Wednesday in December following the termination of each fiscal year, every state officer, department, board and commission or head thereof that is required by law to make an annual report shall deposit such report with the state secretary, except where by statute some other time is established for the filing of the report of said officer, department, board or commission. Such an annual report shall, except as otherwise expressly provided, cover such fiscal year, and, except for facts or information specifically required by law, shall be a brief summary of such fiscal year's work, together with recommendations for the succeeding fiscal year. Such an annual report of any elected state officer for the fiscal year preceding the termination of his service as such may also include a like report for the period between the end of such fiscal year and the termination of his service aforesaid.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 33 - Annual Reports; Recommendations for Legislation

Section 33. Any state officer or department or head thereof making an annual report may include therein, in even-numbered years, recommendations for legislative action which recommendations shall contain a detailed explanation of reasons therefor, other than requests for appropriations or any matters required to be covered by budget estimates submitted to the budget director under section three or four of chapter twenty-nine. Such recommendations shall be filed with the clerk of the house of representatives on or before the first Wednesday in November preceding the first annual session of the general court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 33a - Annual Reports; Recommendations to Avoid Special Legislation

Section 33A. If, in the opinion of a state officer or department required to submit annual reports, the necessity of enacting special bills in relation to any particular subject of legislation may, without detriment to the public interest, be avoided in whole or in part by the enactment of general legislation, such officer or department shall submit from time to time in any such report recommendations for such changes in or additions to the General Laws as will accomplish said purpose.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 35 - Special Reports to State Purchasing Agent; Appeals

Section 35. State officers, departments or heads thereof may make such special reports as the state purchasing agent deems to be of practical utility. Appeal may be taken from any decision of the state purchasing agent hereunder to the committee of the executive council appointed to consider matters of finance whose decision shall be final.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 35a - Reports; Projects Requiring Assessments Upon Municipalities; Notice

Section 35A. Reports of state officers, departments or heads thereof, and special commissions, recommending the expenditure of money to an amount in the aggregate exceeding five hundred thousand dollars for a new project or undertaking, any part of the cost of which is recommended to be assessed upon the cities and towns of any metropolitan district, shall be accompanied by a statement showing the amount, in dollars and cents, that would be assessed upon each such city and town if such recommendation should be enacted into law. The officer, department or special commission making a recommendation as aforesaid shall, upon the filing of its report containing the same, send a copy of said statement to each city and town which would be subject to such assessment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 36 - Motor Vehicles Owned by Commonwealth; Use and Marking; Regulations and Restrictions, Enforcement; Transfer

Section 36. The commissioner of administration shall establish and enforce regulations governing the use and marking of motor vehicles owned by the commonwealth. Every office, department, board, commission or institution of the commonwealth shall keep such a record of the use of such vehicle, and shall make such reports in relation thereto, as may be prescribed by such regulations. Every such vehicle shall be plainly and conspicuously marked in such manner and place as shall be prescribed by such regulations. No such vehicle shall be used for providing transportation for state officers and employees between their domiciles and places of employment nor shall any expense be incurred for the garaging of such vehicles except with the prior written approval of the officer having charge of the agency operating such vehicle, and, in the case of a department, office, commission, or institution within any of the executive offices established by chapters six A and seven upon the prior written approval of the secretary having charge of such executive office, and in accordance with such regulations; provided, however, that the commissioner of administration may issue rules and regulations governing the use of such motor vehicles for emergency purposes.
The commissioner of administration is authorized to transfer a motor vehicle from one agency or department to another and may transfer any such vehicles to the executive office of administration and finance to be maintained, serviced, repaired and garaged thereby and assigned to departments or agencies on such basis and for such duration as the commissioner may deem appropriate.
The registrar of motor vehicles shall furnish for each motor vehicle owned by the commonwealth a distinctive number plate bearing such arrangement of letters or number or both, as will distinguish the particular vehicle, and in the discretion of said registrar, as will distinguish the officer, department, board, commission or institution by which the vehicle is operated.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 36a - Purchase, Replacement or Repair of Motor Vehicles; Authorization; Funds

Section 36A. Motor vehicles to be purchased from sums appropriated by the general court shall be authorized by the purchasing agent in accordance with schedules filed by the budget director with the house and senate committees on ways and means of the general court prior to the passage of the act making such appropriation provided, the commissioner of administration may authorize the replacement of other motor vehicles with similar models from available funds when he determines that the replacement is necessary because the cost of necessary repairs would not be economical; and provided further, that no expenditure in excess of fifteen hundred dollars shall be authorized for the repair of a motor vehicle whose purchase price is fifteen thousand dollars or less and no expenditure in excess of three thousand dollars shall be authorized for the repair of a motor vehicle whose purchase price is greater than fifteen thousand dollars by any department or agency in a garage or shop other than one maintained and operated by such department or agency or by the executive office of administration and finance without the prior written approval of the commissioner of administration.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 37 - Rules and Regulations; Compliance With Statutory Filing Requirements

Section 37. Every department, board, commission, division, authority or official of state government, or subdivision thereof, authorized by law to make regulations, shall comply with the filing provisions of section five of chapter thirty A and such regulations shall not take effect until so filed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 38 - Reports on Public Employees; Central Personnel Register

Section 38. Every state officer, department or head thereof shall, whenever required by the personnel administrator, furnish him with such information as he prescribes concerning all officials and employees of the commonwealth employed in or by such office or department for whose services money has been paid by the commonwealth. Whenever an appointing authority shall make an appointment to a position included in the classification plan established in accordance with section forty-five, such appointing authority shall certify to said administrator that the appointee possesses the qualifications for the position as established by said administrator in accordance with subclause (ii) of clause (c) of paragraph (1) of said section forty-five.
Said administrator shall establish and maintain a central personnel register, recording therein, for all employees of the commonwealth, such records as he may, with the approval of the secretary of administration, prescribe. He shall maintain a current record of all persons working for the commonwealth. Notwithstanding any other provisions of law, all state officers or department heads, including the legislature, judicial and institution heads, shall report on all employees and all accessions and separations relating to their agencies.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 38a - Price Adjustment Clause in Contracts for Road, Bridge, Water and Sewer Projects Awarded Under Sec. 39m

Section 38A. Contracts for road and bridge projects awarded as a result of a proposal or invitation for bids under section 39M shall include a price adjustment clause for each of the following materials: fuel, both diesel and gasoline; asphalt; concrete; and steel. Contracts for water and sewer projects awarded as a result of a proposal or invitation for bids under said section 39M shall include a price adjustment clause for fuel, both diesel and gasoline; liquid asphalt; and portland cement contained in cast-in-place concrete. A base price for each material shall be set by the awarding authority or agency and shall be included in the bid documents at the time the project is advertised. The awarding authority or agency shall also identify in the bid documents the price index to be used for each material. The price adjustment clause shall provide for a contract adjustment to be made on a monthly basis when the monthly cost change exceeds plus or minus 5 per cent.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 39b - Construction Contracts for Public Ways, Airports or Public Works; Dump Trucks; Schedule of Rates; Disputes

Section 39B. Every contract entered into by the commonwealth or any agency thereof, or in behalf of any political subdivision thereof, for the construction, repair, alteration or improvement of public ways, airports or other public works of a similar nature wherein it is contemplated that dump trucks, so called, will be hired from common or contract carriers for use in the prosecution of such contract or for the delivery or transportation of materials to be incorporated in such work, shall contain provisions setting forth in detail all applicable rates and transportation charges prescribed by the department of telecommunications and energy with respect to such common carriers and contract carriers who engage in dump-truck operations.
''Transportation charges'', as used herein, shall be defined as any charge prescribed or authorized by the department of telecommunications and energy to be paid to the owner of a dump truck who holds a certificate as a common carrier or a permit as a contract carrier whether such charge is based on an hourly rental basis, cubic yard per mile basis, ton per mile basis, or any other basis approved and authorized by said department of telecommunications and energy which is applicable to any such contract.
On contracts where payment of transportation charges is being made on a cubic yard-mileage or ton-mileage basis, if any dispute shall arise between a common or contract carrier and a contractor, sub-contractor or materials supplier as to the proper mileage or carrying capacity of any vehicle on which payment is based, such dispute may be referred by either party to the contracting officer or agency of the commonwealth, or in behalf of any political subdivision thereof, for decision. In such cases the contracting office or agency shall cause the mileage from the loading point or source of supply to the nearest point of delivery on said contract to be computed, or shall cause the carrying capacity of such vehicle to be measured and determined. Such determination of facts shall be conclusive and binding upon both parties and shall be used as the basis for payment to all carriers in accordance with rates prescribed by the department of telecommunications and energy for the mileage and carrying capacity of each vehicle as determined.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 39c - Actions Under Sec. 39a; Forbidden Defenses

Section 39C. In any action or claim instituted under section thirty-nine A, it shall be no defense that any common carrier or contract carrier, who has furnished or provided transportation on any such contract, agreed to accept less than the minimum rates and charges prescribed by the department of telecommunications and energy or that such carrier voluntarily made rebates or refunds. In any such action any common carrier or contract carrier shall be entitled to recover the established minimum rates even though the original invoices were presented incorrectly because of the use of threats, intimidation or coercion of any kind.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 39d - Additional Security

Section 39D. Nothing contained in section thirty-nine A shall be construed as limiting the authority of an officer or agent of the commonwealth, or in behalf of any political subdivision thereof, to require other performance or payment bonds whenever required or permitted by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 39e - Inducing Rebates or Refunds of Transportation Charges; Penalties

Section 39E. Whoever, by force or the use of threats, intimidation or coercion of any kind, induces any common carrier or contract carrier or the person who has furnished or provided transportation on any contract for which a payment bond is required under section thirty-nine A to make a rebate or refund of any transportation charges or to give up any part of any payment to which he is legally entitled or to render an incorrect bill for less than the established minimum rates and charges prescribed by the department of telecommunications and energy shall be punished for a first offense by a fine of one thousand dollars, for a second offense by a fine of fifteen hundred dollars and for any subsequent offense by a fine of two thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 39h - Indemnification of Contractors

Section 39H. Every contract entered into by or on behalf of the commonwealth for the construction, reconstruction or alteration of a public way shall contain a provision whereby the commonwealth agrees to indemnify the contractor against loss by reason of the liability to pay damages to others for entry upon any land included within the boundaries of the area within which the work is to be performed as set forth in the construction contract and the plans and specifications applying to such contract or any approved alteration thereof or for damage sustained upon any lands adjoining said land by reason of the flowage or drainage of water thereto or therefrom, in any case wherein such damages result from the failure of the commonwealth to take an interest or easement in such adjoining area, provided that the commonwealth acting by an authorized representative thereof, has issued a notice in writing to the contractor prior to the making of an entry upon such premises directing or permitting him to proceed with his contract and to make such entry upon the premises for the purpose of performing the work required by said contract, or any approved alteration thereof, and provided, further, that the contractor has given notice in writing to the contracting authority within fifteen days after receiving notice of any claim to come in and settle the same and upon the commencement of any action against him to come in and defend said action, but in no event shall any such damage claim be compromised or adjusted without the written consent of the commonwealth. The provisions of this section shall in no way relieve the contractor from any liability for damage to property of others caused by his negligence or that of his employees nor shall they be construed to require the commonwealth to indemnify the contractor against any loss resulting from such acts of negligence.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 39i - Deviations From Plans and Specifications

Section 39I. Every contractor having a contract for the construction, alteration, maintenance, repair or demolition of, or addition to, any public building or public works for the commonwealth, or of any political subdivision thereof, shall perform all the work required by such contract in conformity with the plans and specifications contained therein. No wilful and substantial deviation from said plans and specifications shall be made unless authorized in writing by the awarding authority or by the engineer or architect in charge of the work who is duly authorized by the awarding authority to approve such deviations. In order to avoid delays in the prosecution of the work required by such contract such deviation from the plans or specifications may be authorized by a written order of the awarding authority or such engineer or architect so authorized to approve such deviation. Within thirty days thereafter, such written order shall be confirmed by a certificate of the awarding authority stating: (1) If such deviation involves any substitution or elimination of materials, fixtures or equipment, the reasons why such materials, fixtures or equipment were included in the first instance and the reasons for substitution or elimination, and, if the deviation is of any other nature, the reasons for such deviation, giving justification therefor; (2) that the specified deviation does not materially injure the project as a whole; (3) that either the work substituted for the work specified is of the same cost and quality, or that an equitable adjustment has been agreed upon between the contracting agency and the contractor and the amount in dollars of said adjustment; and (4) that the deviation is in the best interest of the contracting authority.
Such certificate shall be signed under the penalties of perjury and shall be a permanent part of the file record of the work contracted for.
Whoever violates any provision of this section wilfully and with intent to defraud shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than six months, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 39j - Public Construction Contracts; Effect of Decisions of Contracting Body or Administrative Board

Section 39J. Notwithstanding any contrary provision of any contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or public works by the commonwealth, or by any county, city, town, district, board, commission or other public body, when the amount of the contract is more than five thousand dollars in the case of the commonwealth and more than two thousand dollars in the case of any county, city, town, district, board, commission or other public body, a decision, by the contracting body or by any administrative board, official or agency, or by any architect or engineer, on a dispute, whether of fact or of law, arising under said contract shall not be final or conclusive if such decision is made in bad faith, fraudulently, capriciously, or arbitrarily is unsupported by substantial evidence, or is based upon error of law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 39l - Public Construction Work by Foreign Corporations; Restrictions and Reports

Section 39L. The commonwealth and every county, city, town, district, board, commission or other public body which, as the awarding authority, requests proposals, bids or sub-bids for any work in the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or other public works (1) shall not enter into a contract for the work with, and shall not approve as a subcontractor furnishing labor and materials for a part of the work, a foreign corporation which has not filed with the awarding authority a certificate of the state secretary stating that the corporation has complied with requirements of section 15.03 of subdivision A of Part 15 of chapter 156D and the date of compliance, and further has filed all annual reports required by section 16.22 of subdivision B of Part 16 of said chapter 156D, and (2) shall report to the state secretary and to the department of corporations and taxation any foreign corporation performing work under such contract or subcontract, and any person, other than a corporation, performing work under such contract or subcontract, and residing or having a principal place of business outside the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 39n - Construction Contracts; Equitable Adjustment in Contract Price for Differing Subsurface or Latent Physical Conditions

Section 39N. Every contract subject to section forty-four A of chapter one hundred and forty-nine or subject to section thirty-nine M of chapter thirty shall contain the following paragraph in its entirety and an awarding authority may adopt reasonable rules or regulations in conformity with that paragraph concerning the filing, investigation and settlement of such claims:
If, during the progress of the work, the contractor or the awarding authority discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the contract documents either the contractor or the contracting authority may request an equitable adjustment in the contract price of the contract applying to work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from a contractor, or upon its own initiative, the contracting authority shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the contract documents or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the plans and contract documents and are of such a nature as to cause an increase or decrease in the cost of performance of the work or a change in the construction methods required for the performance of the work which results in an increase or decrease in the cost of the work, the contracting authority shall make an equitable adjustment in the contract price and the contract shall be modified in writing accordingly.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 39o - Contracts for Construction and Materials; Suspension, Delay or Interruption Due to Order of Awarding Authority; Adjustment in Contract Price; Written Claim

Section 39O. Every contract subject to the provisions of section thirty-nine M of this chapter or subject to section forty-four A of chapter one hundred forty-nine shall contain the following provisions (a) and (b) in their entirety and, in the event a suspension, delay, interruption or failure to act of the awarding authority increases the cost of performance to any subcontractor, that subcontractor shall have the same rights against the general contractor for payment for an increase in the cost of his performance as provisions (a) and (b) give the general contractor against the awarding authority, but nothing in provisions (a) and (b) shall in any way change, modify or alter any other rights which the general contractor or the subcontractor may have against each other.
(a) The awarding authority may order the general contractor in writing to suspend, delay, or interrupt all or any part of the work for such period of time as it may determine to be appropriate for the convenience of the awarding authority; provided however, that if there is a suspension, delay or interruption for fifteen days or more or due to a failure of the awarding authority to act within the time specified in this contract, the awarding authority shall make an adjustment in the contract price for any increase in the cost of performance of this contract but shall not include any profit to the general contractor on such increase; and provided further, that the awarding authority shall not make any adjustment in the contract price under this provision for any suspension, delay, interruption or failure to act to the extent that such is due to any cause for which this contract provides for an equitable adjustment of the contract price under any other contract provisions.
(b) The general contractor must submit the amount of a claim under provision (a) to the awarding authority in writing as soon as practicable after the end of the suspension, delay, interruption or failure to act and, in any event, not later than the date of final payment under this contract and, except for costs due to a suspension order, the awarding authority shall not approve any costs in the claim incurred more than twenty days before the general contractor notified the awarding authority in writing of the act or failure to act involved in the claim.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 39p - Contracts for Construction and Materials; Awarding Authority's Decisions on Interpretation of Specifications, etc.; Time Limit; Notice

Section 39P. Every contract subject to section thirty-nine M of this chapter or section forty-four A of chapter one hundred forty-nine which requires the awarding authority, any official, its architect or engineer to make a decision on interpretation of the specifications, approval of equipment, material or any other approval, or progress of the work, shall require that the decision be made promptly and, in any event, no later than thirty days after the written submission for decision; but if such decision requires extended investigation and study, the awarding authority, the official, architect or engineer shall, within thirty days after the receipt of the submission, give the party making the submission written notice of the reasons why the decision cannot be made within the thirty day period and the date by which the decision will be made.