REPRESENTATIVES MICHAEL RODRIGUES of WESTPORT and DAVID TORRISI of NORTH ANDOVER moves that the bill be amended by adding at the end thereof the following sections:-

“SECTION X.  Subsection (a) of section 15 of chapter 151A of General Laws as so appearing in the 2004 official addition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:—

Notwithstanding section 47, if an employer or an officer or agent of an employer knowingly fails or refuses to pay any contribution, payment in lieu of contribution or interest charge or attempts in any manner to evade or defeat any contribution or payment in lieu of contribution or knowingly makes a false statement or misrepresents the employment status of an individual under his employ to avoid or reduce any contribution, he shall be punished by a fine equal to the total amount of contributions owed, including any interest; provided further, that if as a result of such action an individual fraudulently collects benefits, such employer shall be assessed a penalty, in addition to the fine specified above, equal to the total amount of the benefits fraudulently collected by the individual during the period in which such individual was under its employ.

SECTION XX.  Section 25 of said chapter 151A, as so appearing is hereby amended by striking out subsection (j) and inserting in place thereof the following:-

(j) Any week in which the individual fraudulently collects benefits. Whoever fraudulently collects benefits may be disqualified for each otherwise compensable week for each such total or partial week of erroneous payment; provided however; the amount in question shall be reduced by any earnings disregard in subsection (d) of section 29; provided further, that at the discretion of the commissioner, the amount erroneously paid may be deducted first from any future payments of benefits accruing to the individual under this chapter provided further, the total benefits to which the individual may be entitled under this chapter shall be reduced by the weekly benefit amount which, but for the operation of this subsection, would be payable under this chapter; provided further that the amount deducted each week shall not exceed 25 per cent of the individual’s weekly unemployment benefit rate; and provided further, that the individual shall have the actual notice of the requirement to report his earnings and the notice shall have met the requirements of clause iii of subsection (d) of section 62A. Any individual subjected to a deduction under this section may file an appeal and obtain review in accordance with sections 39 to 42, inclusive, and section 71.

SECTION XXX.  Said chapter 151A is hereby further amended by inserting after section 69D the following section:—

Section 69E.

(a) In addition to any other remedy provided in this chapter, the commissioner may utilize the procedures specified below for the collection of any outstanding obligation where: (i) the obligation has been ruled final pursuant to section 69D; (ii) the obligation arose as a result of the obligor’s failure to knowingly and willfully furnish accurate information concerning any material fact, including amounts of remuneration received; or

(iii) the obligor has failed to satisfy the obligation or make payment arrangements acceptable to the commissioner within 30 days after notice that such obligation has become final and is due.

(b) After 30 days notice that complies with the requirements of clause iii of paragraph (d) of section 62A to obligor of the intent to file a certificate of attachment, the commissioner may file with the clerk of the Boston municipal court department or in the district court department in the judicial district where the obligor lives or is employed a certificate of attachment, or a copy thereof, under the commissioner’s official seal which shall include: the name and address of the obligor; the amount owed, including interest and penalties assessed pursuant to subsection (a) of section 69; that the obligor is in default; and that the obligation has become final. The commissioner shall also provide information concerning the obligor’s weekly benefit amount as referenced in subsection (c).

(c) Upon receipt of a certificate of attachment the clerk shall send written notice, first class mail, to the obligor at the address listed in the certificate of attachment notifying the obligor that the certificate of attachment has been filed and the clerk shall enter into the judgment records of the court the name of the obligor mentioned, the amount owed and in default, and the date such certificate of attachment was filed. No sooner than 10 days after the certificate of attachment was filed with the clerk, the clerk, at the request of the commissioner or the commissioner's agent or attorney, shall issue an execution in the same manner as a duly entered judgment of the court. No filing fee shall be paid by the commissioner for the filing of a certificate of attachment.

(d) Every judgment issued pursuant to subsection (c) shall include an attachment, and assignment to the department, of a portion of the obligor’s salaries, wages, earnings, or other periodic income, in an aggregate amount sufficient to comply with the judgment as limited by section 34 of chapter 235. The periodic amount of the assignment shall be the lesser of the obligor’s weekly unemployment insurance benefit amount in effect at the time the obligation arose or the maximum amount permitted by 15 USCA § 1673(a); provided, however, that where more than one weekly benefit amount was in effect, the periodic amount shall be the lesser of the average of all such weekly benefit amounts or such maximum amount; provided further, that the obligor may, within 10 days following the filing of the certificate of attachment by the commissioner, petition the court for a modification. The court shall consider the amount owed, the income and reasonable expenses of the obligor and other factors which the court finds to be relevant to the ability to repay the amount owed.

(e) An employer shall send the amount required by the attachment to the commissioner within 3 days after the day the obligor is paid. The employer may deduct from the obligor’s earnings a sum not exceeding $1 per pay period as reimbursement for administrative costs incurred and may submit to the commissioner one check covering all its employees whose earnings are attached along with a statement enumerating each employee’s obligation and amount paid. If an attachment is in effect under subsection (d) but cannot be implemented because obligor has no employer, the obligor shall notify the commissioner as soon as employment is obtained and the commissioner shall submit the attachment notification to such employer. The attachment shall then commence on the first payment of wages that occurs more than three days after the employer receives notice of the attachment and shall continue until the obligor leaves that employment or the employer is notified by the commissioner that the attachment should be terminated.

(f) If the obligor changes employers, the obligor shall notify the commissioner within 3 days after beginning the new employment, and shall notify the new employer of the attachment. The commissioner shall then transfer the attachment to the new employer.

(g) Attachments made pursuant to this section shall terminate when the underlying obligation terminates and all arrears are paid.

(h) If an employer fails to comply with an order of attachment executed pursuant to this section, the court shall, upon request of the commissioner, summon the employer to appear in court and show cause why he should not be held in civil contempt for failure

to obey said order; provided further, that an employer shall not discipline, discharge, demote, suspend, threaten, harass, deny promotion to, or in any other manner discriminate against an employee because of an attachment executed or threatened pursuant to this section. Any employer who violates this section shall be liable for civil contempt to such employee for all wages and employment benefits lost by the employee from the commencement of the discriminatory action to the period of reinstatement and shall be liable for such damages or equitable relief as a court shall deem appropriate, including reinstatement with the same seniority status such employee would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination; provided further, that the employer shall be required to reasonable attorney’s fees. An employee may bring an action in the appropriate superior court department or the superior court department of Suffolk County for the relief provided in this section.

SECTION XXXX.  Section X of this act shall take effect with respect to violations discovered on or after the effective date of this act. Section XX of this act shall take effect with respect to weeks of unemployment occurring on or after the effective date or this act.