SENATE DOCKET, NO. 726        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1032

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Patrick M. O'Connor

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the documentation of contracted workers.

_______________

PETITION OF:

 

Name:

District/Address:

 

Patrick M. O'Connor

Plymouth and Norfolk

 

Richard J. Ross

Norfolk, Bristol and Middlesex

1/25/2017

Sheila C. Harrington

1st Middlesex

1/26/2017

Donald F. Humason, Jr.

Second Hampden and Hampshire

1/30/2017

Ryan C. Fattman

Worcester and Norfolk

1/31/2017

Thomas J. Calter

12th Plymouth

2/2/2017

Bruce E. Tarr

First Essex and Middlesex

2/22/2017


SENATE DOCKET, NO. 726        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1032

By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1032) of Patrick M. O'Connor, Richard J. Ross, Sheila C. Harrington, Donald F. Humason, Jr. and other members of the General Court for legislation relative to the documentation of contracted workers.  Labor and Workforce Development.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to the documentation of contracted workers.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 23 of the General Laws is hereby amended by inserting the following section:

SECTION 1.

Definitions. (1) 'Commissioner' means the Commissioner of the Massachusetts Department of Labor and Workforce Development.

(2) 'Federal work authorization program' means any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603.

(3) 'Public employer' means every department, agency, or instrumentality of the state or a political subdivision of the state.

(4) 'Subcontractor' includes a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier.

(a) On or after July 1, 2018, every public employer shall register and participate in the federal work authorization program to verify information of all new employees.

(b)(1) No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all new employees.

(2) No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all new employees.

(3) In the event that any contractor or subcontractor employs an individual without verifying their information through the federal work authorization program, and upon verification, that new employee is discovered to be undocumented, that contractor or subcontractor shall be punished by a fine of not less than five thousand dollars.

(4) Paragraphs (1) and (2) of this subsection shall apply as follows:

(A) On or after July 1, 2018, with respect to public employers, contractors, or subcontractors of 500 or more employees;

(B) On or after July 1, 2018, with respect to public employers, contractors, or subcontractors of 100 or more employees; and

(C) On or after July 1, 2019, with respect to all public employers, contractors, or subcontractors.

(c) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

(d) Except as provided in subsection (e) of this section, the Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this section and publish such rules and regulations on the Massachusetts Department of Labor and Workforce Development’s website.

(e) The commissioner of the Massachusetts Department of Transportation shall prescribe all forms and promulgate rules and regulations deemed necessary for the application of this section to any contract or agreement relating to public transportation and shall publish such rules and regulations on the Massachusetts Department of Transportation´s website.