H1751B2120A02655 SFR:CDM 10/20/23 #90 A02655
AMENDMENTS TO HOUSE BILL NO. 1751
Sponsor: REPRESENTATIVE R. MACKENZIE
Printer's No. 2120
Amend Bill, page 1, lines 6 through 11, by striking out all
of said lines and inserting
further providing for definitions, for improper classification
of employees and for criminal penalties; providing for
private right of action; and further providing for
administrative penalties, for retaliation for action
prohibited, for availability of information and for funding.
Amend Bill, page 1, line 22; page 2, lines 1 through 30; page
3, line 1; by striking out all of said lines on said pages and
inserting
"Debar." Action taken by the secretary to prohibit a
contractor, subcontractor or individual from contracting with or
participating in contracts for public work projects and other
State procurement contracts for a specified period not to exceed
three years for the first offense and five years for a second or
subsequent offense. The debarment will include all divisions or
other organizational elements of a contractor or subcontractor
unless limited by its terms to specific divisions or
organizational elements. The debarment may apply to affiliates
or other individuals or entities associated with the contractor,
subcontractor or individual if they are specifically named and
given written notice of the debarment and an opportunity to
appeal.
Amend Bill, page 3, line 3, by striking out "As defined in
section 2(5)" and inserting
The term shall have the meaning given to it in section 2
Amend Bill, page 3, line 7, by striking out "4(d)" and
inserting
4(c)(2), (d)
Amend Bill, page 3, by inserting between lines 10 and 11
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(c) Order to show cause.--
* * *
(2) A person served with an order to show cause shall
have a period of [20] 10 days from the date the order is
served to file an answer in writing.
* * *
Amend Bill, page 3, line 13, by striking out the bracket
before "probable"
Amend Bill, page 3, line 14, by inserting a bracket before
"committed"
Amend Bill, page 3, lines 16 through 18, by striking out
"that an employer has" in line 16, all of line 17 and "the
purposes of this act" in line 18 and inserting
violated this act
Amend Bill, page 3, line 30, by striking out "or renews a
contract"
Amend Bill, page 4, line 17, by striking out "first" and
inserting
second
Amend Bill, page 4, lines 19 and 20, by striking out all of
said lines and inserting
(2) A misdemeanor of the first degree if the employer
has one prior offense under section 4(a).
(3) A felony of the third degree if the employer has two
or more prior offenses under section 4(a).
Amend Bill, page 4, line 28, by striking out "sections" and
inserting
a section
Amend Bill, page 5, line 4, by striking out the comma after
"act"
Amend Bill, page 5, line 7, by striking out "An action under
this section" and inserting
The action
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Amend Bill, page 5, lines 21 through 24, by striking out all
of said lines
Amend Bill, page 6, lines 3 and 4, by striking out "any
relevant prospective records of"
Amend Bill, page 6, lines 8 through 12, by striking out ",
for a period of at least three years, a contractor," in line 8
and all of lines 9 through 12 and inserting
the employer.
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