Please submit this Legislation

[Guest guest]

I wish to have this Legislation submitted in memory of the Moulton Family of

Centerville Massachusetts, the Mero Family of Dennis Massachusetts and all

of the victims of the Station Fire in Warwick Rhode Island. Please give me the

Docket numbers once you have filed them.

Ken Moulton

P O Box 874

Hyannisport, MA 02647

Tort Reform Legislation

Section 10 of Chapter 258 of the General Laws, as appearing in the latest

official edition, is hereby amended by striking out Sections E and F and

inserting in place thereof the following -

(E) Any Municipal government or State agency/department within the

Commonwealth, shall be considered legally and financially liable for any claims

based

upon the issuance of a certificate of occupancy when a home or building has

either not been completely and/or fully inspected and/or all documents

required in the building/ inspection process have not or are not completed or

signed

as required at the time of the building/inspection process as is required

under Massachusetts Law.

Should a Municipal and/or State inspector have knowledge or become

knowledgeable in any way that a home or building does not meet the state

building code

requirements but allows a certificate of occupancy to be issued for the

property, the employing responsible Municipal government and/or State

agency/department within the Commonwealth will also be considered legally and

financially liable because they allowed Massachusetts Law to be broken.

(E)(1) Any Municipal inspector who allows any one of these actions in

Section E to happen, shall be referred to the Public Integrity Section of the

Criminal Division of the Massachusetts Attorney General to hold a hearing, open

to

the public, that will determine if the inspector should have their

construction supervisors license suspended for a minimum of 30 and a maximum of

180

days for the first offense. Should another occurrence of any of these actions

take place, the before mentioned Public Integrity Section will hold a hearing,

open to the public, to determine if the inspector will have their

construction supervisor license revoked for life and their employment

terminated.

Any State licenses the building inspector has that are a requirement for

their inspection position will also be forfeited, after due consideration from

a

hearing, open to the public, before the, Public Integrity Section of the

Criminal Division of the Massachusetts Attorney General for a minimum of 180

days for the first offense and for life for any other offense.

(E)( 2 ) Any State building inspector who becomes knowledgeable, in any

way, of a situation where a home or building was given a certificate of

occupancy under any condition specified in Section E and either takes no action

or

fails to write a report of the incident within thirty days of them becoming

knowledgeable, with all supporting documentation, shall be immediately

suspended

for a minimum of 30 days and a maximum of 180 days (with pay). A hearing,

open to the public, by Public Integrity Section of the Criminal Division of the

Massachusetts Attorney General the will decide whether the inspector will

have their construction supervisors license suspended for the same amount of

time.

Should another occurrence of any of these actions take place, the State

inspector will have their license revoked for life and their employment

terminated if so determined after a hearing by the Public Integrity Section of

the

Criminal Division of the Massachusetts Attorney General. This hearing will be

open to the public.

(E)(3) No Municipal government or State agency/department shall revoke the

certificate of occupancy that is in violation of any part of Section E unless

the homeowner, building owner, renter or lease is given free accommodations,

paid by the offending Municipality or State agency, at a location that the

injured party agrees to and is, at a minimum, either equal to or greater than

the property in question.

(E)(4) Any homeowner, building owner, renter or lease that owns or occupies

a home or building that is in violation of any part of Section E will be

allowed to bring civil actions against either/both the offending municipality

and/or the State in either State Superior Court or U.S. District Court.

(E)(4)(a) Should a homeowner, building owner, renter or lease be successful

in their lawsuit, their legal and attorney fees will be paid by the

defendant parties. This payment will be added to the judgment award.

(E)(4)( Any settlements, awards or judgments a plaintiff is entitled to

will be exempt from any and all Municipal/State taxes, liens or fees.

(E)(5) There shall be no statute of limitations for the filing of any claims

for any violations of Section E.

(F) All Municipal governments or State agency/departments in the

Commonwealth shall be considered legally and financially liable for any claim

based upon

the failure to inspect, or an inadequate or negligent inspection of any

property, real or personal, to determine whether the property complies with or

violated any law, regulation, ordinance or code, or contains a hazard to health

or safety.

(F)(l) No Municipal government or State agency/department shall revoke the

certificate of occupancy that is in violation of any part of Section F unless

the homeowner, building owners, renters or lease is given free

accommodations, paid by the offending municipality or State agency, at a

location that the

injured party agrees to and is, at a minimum, either equal to or greater than

the property in question.

(F)(2) All previsions of (E)(4)(a) through (E)(4)( will prevail in this

section as well.

(F)(3) There shall be no statute of limitations for the filing of any claims

for any violations of Section F.

(G) (1) In the event that a home or building contains mold that was a by

product, or the result, of construction that is in violation of any local,

state

or federal building, fire, construction, health, plumbing, electrical or

safety codes, and this illegal construction was known or observed, or should

have been known or observed or seen, during the construction phase by

representatives of the municipal and/or state inspectors, the owner of the

property

affected shall have full legal and financial recourse against the municipality

and/or state without any statute of limitations in effect.

(G) (2) Should any portion of the municipality and/or state have been made

aware of the presence or suspicion of mold, in any way and at any time without

any statute of limitations in effect, by the affected owner of the property,

or their representatives, the municipal and/or state government shall be

legally and financially liable in all aspects and loses, injuries or health

related costs or legal costs or other financial loses suffered by the property

owner.

(G) (3) Should either subsections (1) or (2) be relevant, the property owner

will be awarded the sum of one thousand dollars, by the municipality or

their agents, for each day that the code violations were known or suspected by

the municipality or their inspectors and the sum of five thousand dollars by

the state or their agents for each day that the code violations were known or

suspected by the state or their inspectors.

(G) (4) This Section shall override any other Massachusetts Law that holds

inspectors and/or the employing municipality or state entity not liable for

failures to inspect or for faulty, inaccurate or incomplete inspections.

AN ACT TO PROVIDE FOR ENFORCEMENT OF LOCAL AND STATE BUILDING, FIRE, HEALTH,

SAFETY, ELECTRICAL AND BUILDING CONSTRUCTION LAWS AND STANDARDS.

Be it enacted by the Senate and House of Representatives in General Court

Assembled, and by the authority of the same, as follows:

Chapter 1. Construction Lemon Law

Article 1. General Provisions

12669.A. This Chapter shall be known, and may be cited, as the H.

Moulton, Jr. Construction Lemon Law Act for Massachusetts.

Chapter 12669.B: Section 1. All new Commercial and Residential construction

or rehabilitated construction, must meet all applicable, local, state and

federal codes, standards and ordinances, to include all manufacturer and

building materials specifications, standards and requirements, at the time of

the

completion of construction or rehabilitation.

Chapter 12669.C: Section 1. Civil actions and remedies; class action; demand

for relief; damages; costs; exhausting administrative remedies.

Section 1. (1) Any person, or person’s, who has (have) been injured by

another person, person's, local or state government employee, local or state

government agency, commission or body, a company or corporation use or

employment of any method, act or practice declared to be unlawful or that is in

violation of Local, State or Federal Building, Fire, Plumbing, Electrical,

Health

or Safety codes or standards may bring an action in the superior court, or in

the housing court whether by way of original complaint, counterclaim,

cross-claim or third party action, for damages and such equitable relief,

including

an injunction, as the court or a jury deems to be necessary and proper.

(2) Any persons entitled to bring such action may, if the use or employment

of the unfair or deceptive act or practice has caused similar injury to

numerous other persons similarly situated and if the court finds in a

preliminary

hearing that he adequately and fairly represents such other persons, bring

the action on behalf of himself and such other similarly injured and situated

persons; the court shall require that notice of such action be given to

unnamed petitioners in the most effective practicable manner. Such action shall

not

be dismissed, settled or compromised without the approval of the court, and

notice of any proposed dismissal, settlement or compromise shall be given to

all members of the class of petitioners by certified and registered mail

delivered through the United States Postal service.

(3) At least thirty days prior to the filing of any such action, a written

demand for relief, identifying the claimant and reasonably describing the

unfair or deceptive act or practice relied upon and the injury suffered, shall

be

mailed or delivered to any prospective respondent. Any person receiving such

a demand for relief who, within thirty days of the mailing or delivery of

the demand for relief, makes a written tender of settlement which is rejected

by the claimant may, in any subsequent action, file the written tender and an

affidavit concerning its rejection and thereby limit any recovery to the

relief tendered if the court or jury finds that the relief tendered was

reasonable in relation to the injury actually suffered by the petitioner. In

all other

cases, if the court or jury finds for the petitioner, recovery shall be in

the amount of actual real, medical, loss of use, legal fees and pain and

suffering damages; or up to three but not less than two times such amount if

the

court or jury finds that the use or employment of the act or practice was a

willful or knowing violation of said section two or that the refusal to grant

relief upon demand was made in bad faith with knowledge or reason to know that

the act or practice complained of violated said section two. For the

purposes of this chapter, the amount of actual damages to be multiplied by the

court

shall be the amount of the judgment on all claims arising out of the same

and underlying transaction or occurrence, regardless of the existence or

nonexistence of insurance coverage available in payment of the claim. In

addition,

the court or jury shall award such other equitable relief, including an

injunction, as it deems to be necessary and proper. Notwithstanding any other

provision to the contrary, if the court or jury finds any method, act or

practice

unlawful with regard to any security or any contract of sale of a commodity

for future delivery as defined in section two, and if the court or jury finds

for the petitioner, recovery shall be in the amount of actual damages.

(3A) A person may assert a claim under this section in a district court,

whether by way of original complaint, counterclaim, cross-claim or third-party

action, for money damages only. Said damages may include double or treble

damages, attorneys' fees and costs, as herein provided. The demand requirements

and provision for tender of offer of settlement provided in paragraph (3)

shall also be applicable under this paragraph, except that no rights to

equitable

relief shall be created under this paragraph, nor shall a person asserting a

claim hereunder be able to assert any claim on behalf of other similarly

insured and situated persons as provided in paragraph (2).

(4) If the court or jury finds in any action commenced hereunder that there

has been a violation of section two, the petitioner shall, in addition to

other relief provided for by this section and irrespective of the amount in

controversy, be awarded reasonable attorney's fees and costs incurred in

connection with said action.

(5) Any person entitled to bring an action under this section shall not be

required to initiate, pursue or exhaust any remedy established by any

regulation, binding arbitration contract, administrative procedure, local,

state or

federal law or statute or the common law in order to bring an action under

this section or to obtain injunctive relief or recover damages or attorney's

fees or costs or other relief as provided in this section. Failure to exhaust

administrative remedies shall not be a defense to any proceeding under this

section.

(6) Recovering or failing to recover an award of damages or other relief in

any administrative or judicial proceeding, except proceedings authorized by

this section, by any person entitled to bring an action under this section,

shall not constitute a bar to, or limitation upon relief authorized by this

section.

(7) Should an employee, representative, entity or division of a Local, State

or Federal Government have allowed, through malice or corruption, the

violation of Chapter 12669.B, Section 1, those government employees,

representatives, entities or divisions will lose any protection allowed under

Sovereign

Immunity of the 14th Amendment of the United States Constitution. The role of

all Government is to provide for the safety of all citizens. When one citizen

is denied that right, it is denied to all. This section will also override any

Laws of Massachusetts that deny a citizen the rights under the United States

Constitution to due process when those acts are deemed to have been

malicious or corrupt.