SENATE DOCKET, NO. 1143        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2061

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Brendan P. Crighton

_________________

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 work and family mobility.

_______________

PETITION OF:

SENATE DOCKET, NO. 1143        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2061

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to work and family mobility.

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

SECTION 1. Section 8 of chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the sentence beginning on line 275, “No license of any type may be issued to any person who does not have lawful presence in the United States.”, and inserting in place thereof the following sentence:-

“Persons who are unable to provide proof of lawful presence, or who are ineligible for a social security number, may apply for a Massachusetts license if they meet all other qualifications for licensure and provide satisfactory proof to the registrar of identity, date of birth and Massachusetts residency.”

Section 8 of chapter 90 of the General Laws, as so appearing, is hereby further amended by striking out, after the word “license” in line 278, the words “or a Massachusetts license”.

Said section is further amended by inserting, before the word “license” in line 287 and before the word “license” in line 289, the words “REAL ID-compliant”.

Said section is further amended by inserting, after the sentence ending on line 295, the following sentence:-

“If, at the expiration of the term of a REAL ID-compliant license, the licensee is unable to provide proof of lawful presence, the licensee may apply for a Massachusetts license.”

SECTION 2. The registrar shall post information on its website explaining that all Massachusetts residents may elect to apply for a Massachusetts license instead of a REAL ID-compliant license.

SECTION 3. Section 8B of chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, after the word “occurs” in line 42, the words “except that no permit shall be issued to an applicant for a period of time longer than the registrar determines the applicant is legally authorized to remain in the United States”.

SECTION 4. Section 8E of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, after the sentence ending on line 45, the following sentence:-

“Persons who are unable to provide proof of lawful presence, or who are ineligible for a social security number, may apply for a Massachusetts identification card if they provide satisfactory proof to the registrar of identity, date of birth and Massachusetts residency.”

Section 8E of the General Laws, as so appearing, is hereby further amended by inserting, before the words “identification card” in line 48, the words “REAL ID-compliant”, and by striking out, after the words “identification card” in line 48, the words “of any type”.

Said section is hereby further amended by striking out, in line 51, the words ”an identification card” and inserting in place thereof “a REAL ID-compliant identification card”.

Said section is hereby further amended by inserting, before the words “identification card” in line 60, and again before the words “identification card” in line 62, the words “REAL ID-compliant”.

Said section is further amended by inserting, after the sentence ending on line 68, the following sentence:-

“If, at the expiration of the term of a REAL ID-compliant identification card, the card holder is unable to provide proof of lawful presence, the card holder may apply for a Massachusetts identification card.”

SECTION 4. Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 8M the following section:-

“Section 8N. (a) Information collected in the course of an application for a Massachusetts motor vehicle registration, a Massachusetts license or a Massachusetts identification card shall not be a public record as defined in section 7, subsection 26 of chapter 4 of the General Laws, and shall not be disclosed by the registrar except as required by law.

(b) Documents provided by applicants to prove identity, date of birth or residency in the course of an application for Massachusetts license or a Massachusetts identification card shall not be disclosed by the registrar except in response to a subpoena for individual records in a criminal proceeding or court order, or to comply with a state or federal statute mandating disclosure. Possession of a valid Massachusetts license or a Massachusetts identification card shall not be used as evidence of the holder’s citizenship, nationality or immigration status, or as the sole basis for an investigation, citation, arrest, prosecution or detention of the holder by a law enforcement agency.

(c) Information obtained by an employer or a landlord or their agent relating to the type of driver’s license or identification card held or presented by a person shall not be a public record as defined in section 7, subsection 26 of chapter 4 of the General Laws, and shall not be disclosed except as required by law.

(d) Notwithstanding any general or special law to the contrary, it shall be a violation of law to discriminate against a person because of the type of license or identification card that the person holds or presents, including, but not limited to, the following:

(1)It is a violation of chapter 151B of the General Laws for an employer, a landlord or another person or entity covered under said chapter to discriminate against a person because the person holds or presents a Massachusetts license or identification card, or to require a person to present a REAL ID-compliant license or identification card, provided that an employer may so require if holding a REAL ID-compliant license or identification card is required by the employment and the requirement is otherwise permitted by law.

(2)Notwithstanding subparagraph (1), this subsection shall not be construed to alter an employer’s rights or obligations under Section 1324a of Title 8 of the United States Code regarding obtaining documentation evidencing identity and authorization for employment. An action taken by an employer that is required by the federal Immigration and Nationality Act (8 U.S.C. Sec. 1324a) is not a violation of law.

(3)The use of a learner’s permit, a Massachusetts license or a Massachusetts identification card issued under this chapter shall be a right secured by the laws of the commonwealth for the purposes of the Massachusetts Civil Rights Act, sections 11H through 11J of chapter 12 of the General Laws. The attorney general may provide guidance as necessary regarding this subparagraph.”