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SENATE DOCKET, NO. 1735         FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1603

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Richard T. Moore

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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 receipt of state services.

_______________

PETITION OF:

 

Name:

District/Address:

Richard T. Moore

 

Michael R. Knapik

 

Marc R. Pacheco

 

Thomas M. Stanley

9th Middlesex

Bruce E. Tarr

 

James E. Timilty

 


SENATE DOCKET, NO. 1735        FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1603

By Mr. Moore, a petition (accompanied by bill, Senate, No. 1603) of Richard T. Moore, Michael R. Knapik, Marc R. Pacheco, Thomas M. Stanley and other members of the General Court for legislation relative to the receipt of state services.  State Administration and Regulatory Oversight. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

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An Act relative to the receipt of state services.
 

              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.  Clause (1) of subsection (c) of section 29F of chapter 29 of the general laws, as appearing in the 2008 official edition, is hereby amended by adding the following subclause:--

              (x) a violation of federal law prohibiting the employment of unauthorized aliens; or.

                              SECTION 2.  (a) The general laws are hereby amended by inserting after chapter 30B the following new chapter:--

              Chapter 30C.  Public Contract Integrity

                              Section 1.  For the purposes of this chapter, the following terms shall have the following meanings, unless the context clearly requires otherwise:

              “Public employer,” a department agency or public instrumentality of the commonwealth or a person, corporation, partnership, sole proprietorship, joint venture or other business entity providing goods or services to a department, agency or public instrumentality of the commonwealth including, but not limited to, the Massachusetts Department of Transportation, the Massachusetts Water Resources Authority, the Massachusetts Port Authority and the Massachusetts Bay Transportation Authority;

              “Work authorization program”, an electronic verification of work authorization program  or an equivalent work authorization program operated by the United States Department of Homeland Security, the United States Department of Labor, the Social Security Administration, other federal agency or by a private verification system authorized by the director of labor to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 and its successor acts.

                              Section 2.  No public employer shall enter into a contract for the provision of goods or services within the commonwealth unless the contractor registers and participates in a work authorization program to verify information on all new employees and certifies to that effect in writing to the director of labor.

                              Section 3. No contractor or subcontractor who enters a contract with a public employer shall enter into a contract or subcontract in connection with the provision of goods or services in the commonwealth unless the contractor or subcontractor registers and participates in a work authorization program to verify information on all employees and certifies to that effect in writing to the director of labor.

                              Section 4.  This chapter shall be enforced without regard to race, religion, gender, ethnicity or national origin.

                              Section 5. Except as may be otherwise provided in this chapter, the director of labor shall prescribe forms and promulgate rules and regulations necessary to implement and administer this chapter.

                              Section 6. The inspector general shall develop and promulgate regulations to ensure that a person receiving funds pursuant to a contract awarded pursuant to chapter 30B and section 44A of chapter 149 is in compliance with federal laws pertaining to immigration and citizenship including, but not limited to 42 U.S.C. section 1436(a). Such regulations shall include, but not be limited to, ascertaining and verifying immigration and citizenship status through a work authorization program.

                              Section 7. No contract shall be awarded by or to a public employer and no public funds shall be expended under any such contract unless the public employer complies with the regulations prescribed in this chapter.

              Section 7.  No funds shall be expended in accordance with a contract awarded by or to a public employer which will result in the payment of any kind to a person not in compliance with any and all federal laws pertaining to immigration and citizenship, including but not limited to 42 U.S.C. 1436(a).”; and

                              SECTION 3. The first paragraph of section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 3 sentences:--

              If the owner is a corporation or business entity, the application shall contain the name of the corporation or business entity, the full address, including the street, city or town, state and zip code, the federal tax identification number if a corporation and the social security number if the business entity is a sole proprietorship and does not have a federal tax identification number.  If an applicant is a natural person, the application shall contain his name, full residential address, date of birth, license number or identification card number issued by the registrar and such other particulars as the registrar may require. Except as otherwise provided in this chapter or in regulations adopted by the registrar, no registration shall be issued for a motor vehicle or trailer owned or leased by a natural person unless 1 of its registering owners or lessees holds a valid license or identification card issued by the registrar. The registrar shall provide by regulation for exemptions for out-of-state students, military personnel, senior citizens and disabled persons.”

                              SECTION 4. Said section 2 of said chapter 90 is hereby further amended by inserting after the word “statement”, in line 13, as so appearing, the following word:-  signed.

                              SECTION 5. Said section 2 of said chapter 90 is hereby further amended by striking out, in lines 21 to 23, inclusive, as so appearing, the words “register in a book or upon suitable index cards to be kept for the purpose the motor vehicle or trailer described in the application, giving to the vehicle” and inserting in place thereof the following:- keep a record of motor vehicles and trailers that satisfy the application requirements, assign to each motor vehicle and trailer. 

                              SECTION 6. Section 20 of said chapter 90, as so appearing, is hereby amended by striking out, in line 10, the words “of not less than $100 nor more than $1000” and inserting in place thereof the following: by a fine of not more than $500 for a first offense, by a fine of not less than $500 nor more than $1,000, for a second offense, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 30 days, or both such fine and imprisonment, for a third or subsequent offense.

                              SECTION 7. Section 24B of said chapter 90, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

              Whoever falsely makes, steals, alters, forges or counterfeits a learner’s permit, a license to operate motor vehicles or an identification card issued under section 8E with the intent to distribute such learner’s permit, license to operate motor vehicles or identification card or knowingly assists another to do so, shall be punished as follows: (i) for acts involving 1 to 5 documents, by a fine of not more than $500 dollars or by imprisonment in the house of correction for not more than 1 year; (ii) for acts involving 6 to 10 documents, by a fine of not more than $1,000 dollars or by imprisonment in the state prison for not more than 5 years or in jail or house of correction for not more than 2 1/2 years;  for acts involving more than 10 documents, by a fine of not more than $10,000 dollars or by imprisonment in the state prison for not more than 15 years.

                              SECTION 8.  The third paragraph of section 34B of said chapter 90, as so appearing, is hereby amended by adding the following 3 sentences: -  Any person who transfers, alters, defaces, uses or carries any such card or license or uses the identification card or motor vehicle license of another or furnishes false information in obtaining such card or license shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500 for a first offense or by a fine of not more than $1,000 or imprisonment for not more than 3 months, or both such fine and imprisonment for a second or subsequent offense.  Any person who makes, sells or distributes a false identification card shall be guilty of a felony and shall be punished by a fine of not more than $5,000 or imprisonment for not more than 5 years, or both such fine and imprisonment.”

                              SECTION 9.  Section 1 of chapter 118E of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following paragraph:-

              Benefits for individuals over age 18 for any program established under this chapter or which can be obtained only through an application for benefits under this chapter shall be available only to otherwise eligible individuals who document their lawful presence in the United States in accordance with federal requirements applicable to federal public benefits under Title XIX and Title XXI of the Social Security Act, including the requirements or the waiver of any requirements under section 1115 of the Social Security Act.  The documentation requirements shall apply regardless of whether those benefits are subject to federal funding.

                              SECTION 10.  Section 32 of chapter 121B of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

              Notwithstanding any general or special law or rule or regulation to the contrary, an applicant for assisted housing under this chapter who is not eligible for federal assisted housing under 42 U.S.C. section 1436a or who is not a person residing in the United States under color of law as provided in section 16D of chapter 118E shall not be given priority over or otherwise displace an applicant who has such status.

                              SECTION 11. Section 2 of chapter 149 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:--

              The attorney general shall make available a 24-hour toll-free hotline which may be used for reporting suspected violations of this chapter, including sections 19C and 26 relative to immigration status and wage laws and for violations of 8 U.S.C. section 1324a relative to the unlawful employment of unauthorized aliens in the commonwealth.  Calls to the hotline shall be confidential and callers shall have the option of reporting violations anonymously.  All complaints, whether received through the hotline, in writing, electronically or in any other form shall be recorded, documented and investigated by the attorney general.  The attorney general shall immediately refer any suspected violations of federal law including, but not limited to, violations of 8 U.S.C. section 1324a, to the Attorney General of the United States.  The attorney general shall annually prepare a year-end report detailing all reported violations of said sections 19C and 26 and violations of 8 U.S.C. sections 1324a, the nature of the violations, the date on which each complaint was received and documented, any enforcement action taken against an employer who knowingly employs illegal aliens and any violations of federal law forwarded to the Attorney General of the United States.   The report shall be submitted annually to the house and senate committees on ways and means and to the joint committee on labor and workforce development not later than February 1.

                              SECTION 12.  The second paragraph of section 19C of said chapter 149, as so appearing, is hereby amended by adding the following sentence:-  Such regulations shall include but not be limited to ascertaining and verifying immigration and/or citizenship status utilizing a work authorization program as defined in section 1 of chapter 30C.

                              SECTION 13.  Said section 19C of said chapter 149, as so appearing, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-          

              Any person who violates this section or who knowingly utilizes a false identification document for the purposes of soliciting, securing or maintaining employment from a public employer shall be punished by a fine of not more than $500 nor less than $200 or by imprisonment in the jail or house of correction for not more than 1 year.

                              SECTION 14.  Not later than 8 months after the effective date of this act and notwithstanding any general or special law to the contrary, the attorney general may facilitate and enter into a memorandum of understanding with the Attorney General of the United States pursuant to the provisions of 8 U.S.C. section 1357(g), for the purpose of enforcing state and federal laws pertaining to immigration and citizenship; provided, however, that if the attorney general has not entered into a memorandum of understanding by that date, the attorney general shall submit a written report to the clerks of the senate and house of representatives stating the reasons for which an agreement was not reached, including any recommendations for state action necessary to facilitate such an agreement.

                              SECTION 15.  Notwithstanding any general or special law to the contrary the immigration status of every defendant shall be confirmed at the arraignment stage of a criminal court proceeding.

                              SECTION 16. Notwithstanding any special or general law to the contrary, a person who is a lawful immigrant or permanent resident of the United States, or is eligible to apply and has applied for such status, shall be eligible to be considered for Massachusetts residency for tuition purposes, provided that the person meets the same requirements for establishing residency in Massachusetts as are required of a United States citizen. Non-citizens who are in, or who are eligible to apply and have applied for, refugee or asylum status, shall be eligible to be considered for Massachusetts residency for tuition purposes, provided that the person meets the same requirements for establishing residency in Massachusetts as are required of a United States citizen.  All non-citizens shall provide appropriate documentation to verify their status with the United States Immigration and Naturalization Service.

                              SECTION 17. (a) Notwithstanding and general or special law to the contrary, an applicant for the MassGrant program administered by the department of higher education office of grant assistance shall complete the Free Application for Federal Student Aid or other federal student loan program that verifies both financial and citizenship eligibility.

                              (b) The secretary of education shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the department of education from those who received assistance fraudulently and the number of recipients who were issued partial or lifetime disqualifications.

                              SECTION 18. (a) Notwithstanding any general or special law to the contrary, the MassHealth program within the department of health and human services shall register for the federal Systematic Alien Verification for Entitlements or SAVE system by January 1, 2011, and shall use that system to verify whether applicants whose documentation is not available or is questionable are legal aliens and whether they are qualified aliens for benefit eligibility purposes.  The department shall be exempt from this requirement if it has reported before January 1, 2011, to the senate and house committees on ways and means and the executive office for administration and finance that using the SAVE system would not be cost effective.

                              (b)  The department of health and human services shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the division from those who received benefits fraudulently and the number of recipients who were issued partial or lifetime disqualifications.

                              SECTION 19.  (a)(1) Notwithstanding any general or special law to the contrary, the department of housing and economic development shall direct local housing authorities to:

                                              (i)  require an applicant to provide the local housing authority with access to reliable and reasonably obtainable documentation verifying the accuracy of information provided by an applicant on an application form or otherwise necessary at the time of determining final eligibility and qualification; provided, however, that income of applicants shall be verified by the procedure set forth in paragraph (2); provided further, that if the local housing authority has verified any information when making a preliminary determination of eligibility for the applicant, the local housing authority shall reverify that information on its final determination of eligibility and qualification; and provided further, that nonreceipt of requested documentation, without good cause established by the applicant, shall be cause for determining that the applicant is unqualified;

                                              (ii)  require an applicant to provide the names and current addresses of all landlords or housing providers for the applicant and the applicant’s household members during the 5 years immediately preceding the application to the date of the final determination; provided, however, that if after request the local housing authority has failed to receive a reference from a landlord or a housing provider, it shall notify the applicant of nonreceipt and the local housing authority shall request that the applicant use his best efforts to cause his landlord or housing provider to submit the reference to the local housing authority; provided further, that in the event that the applicant uses his best efforts but is unsuccessful, the applicant shall cooperate with the local housing authority in securing information from other sources relative to the tenancy; and provided further, that nonreceipt of a reference from a landlord or housing provider shall be cause for determining an applicant unqualified unless the applicant can show that he has used best efforts to secure the reference and that he has complied with reasonable requests for cooperation in securing other information;

                                              (iii)  obtain criminal offender record information for each applicant and, if necessary, check public records, credit reports, other sources of public information and other reliable sources; provided, however, that the local housing authority may conduct a home visit, which shall be scheduled reasonably in advance; and provided further, that observations by the person making such a visit shall be promptly reduced to writing and placed in the applicant's file; and

                                              (iv)   obtain information regarding eligibility or qualification from interviews with the applicant and with others from telephone conversations, letters or other documents and from other oral or written materials; provided, however, that all such information received shall be recorded in the applicant's file, including the date of its receipt, the identity of the source and the person receiving the information.

                              (2) The local housing authority shall assess financial eligibility by reviewing the applicant’s net household income.   In reviewing the applicant’s financial status, the local housing authority shall assess, but shall not be limited to assessing:

                                              (i) the full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services;

                                              (ii) income from the operation of a business or profession by each self-employed household member after deduction for the ordinary and necessary expenses of the business or profession; provided, however, that the deductible expenses of the business or profession shall not exceed 85 per cent of the gross receipts of the business or profession; and provided further, that deductible expenses of the business or profession shall not include rent or utilities paid for the tenant’s unit if the business or profession is located in the tenant’s unit;

                                              (iii) income of any kind from real or personal property, including rent, dividends and interest; provided, however, that amortization of capital indebtedness and depreciation shall not be deducted in computing net income; provided further, that any realization of taxable capital gain on the sale or transfer of an investment or other real or personal property shall be included as income; provided further that if the household has marketable real or personal property with a value to be determined by the department of housing and community development, excluding any automobile used as the primary means of transportation by household members, gross household income shall include the higher of actual income derived from any such property or a percentage of the value of such property; and provided further, that this percentage shall be the current passbook savings rate, as determined from time to time by the United States Department of Housing and Urban Development for federally assisted housing or as otherwise determined by the department of housing and community development;

                                              (iv) periodic payments received from social security, annuities, retirement funds and pensions, individual retirement accounts and other similar types of periodic payments of retirement benefits, excluding nontaxable amounts which constitute return of capital and are specifically identified as such by payer;

                                              (v) payments in lieu of earnings, including unemployment compensation, Supplemental Security Income, and Social Security Disability Income, and benefits in lieu of earnings under disability insurance, health and accident insurance or workers’ compensation; provided, however, that an unallocated lump sum settlement or similar payment, all or partly, on account of lost wages resulting from an injury shall be equitably allocated to reflect a monthly payment on account of lost wages for the period during which the recipient is likely to be disabled from the injury and the recipient shall be deemed to receive such a monthly payment each month during the continuance of his disability until the allocated funds are deemed exhausted; and provided further, that payments from the government which are subsequently reimbursed to the government shall  not be included as income;

                                              (vi) regularly recurring contributions or gifts received from nonhousehold members; provided, however, that to be regularly recurring, a contribution or gift shall occur at least twice a year for at least 2 years;  provided further, that a contribution or gift of a value to be determined by the department of housing and community development, which occurs once a year from year to year for at least 2 years shall also be deemed to be regularly recurring;

                                              (vii) regular payments of public assistance;

                                              (viii) payments received for the support of a minor including, but not limited to,  payments for child support, foster care, social security or public assistance, including payments nominally made to a minor for his support but controlled for his benefit by a household member who is responsible for his support;

                                              (ix) lottery winnings, gambling winnings and similar receipts;

                                              (x) receipts of principal and income from the trustee of a trust and receipts of income from the executor or administrator of an estate or from some other fiduciary;

                                              (xi) alimony or payment for separate support;

                                              (xii) gifts which are not regularly recurring;

                                              (xiii) amounts, including lump sums, specifically received for the cost of medical care or which are made to compensate for personal injury or damage to or loss of property under health, accident or liability insurance, workers’ compensation, judgments or settlements of claims, insofar as these payments do not compensate for loss of income for a period when the recipient was or would be a tenant;

                                              (xiv) amounts of educational scholarships or stipends for housing paid by a nonhousehold member for a student at an educational institution, including amounts paid for these purposes to part-time students, whether paid directly to the student or to the educational institution, and amounts paid by the United States Government to a veteran for use in paying tuition, fees or the cost of books, to the extent that such payments are so used;

                                              (xv) the special pay to a member of the armed forces on account of service in a war zone;

                                              (xvi) relocation payments made pursuant to state or federal law;

                                              (xvii) payments received from the Social Security Administration’s Plan to Attain Self Sufficiency program, provided that the recipient fulfills all the program requirements;

                                              (xviii) the value of food stamps;

                                              (xix) payments received by participants or volunteers in programs pursuant to the Domestic Volunteer Service Act of 1973;

                                              (xx) the increased amount of income earned from employment by a household member if the increase in earned income would otherwise result in a rent increase unless: (A) the household’s income has been derived, at least in part, from Transitional Aid to Families with Dependent Children, Emergency Assistance to the Elderly, Disabled and Children Program, Supplemental Security Income, Social Security Disability Income or a successor program for each of the previous 12 months; (B) the household’s increased earned income has been accompanied by a decrease in the amount of Transitional Aid to Families with Dependent Children, Emergency Assistance to the Elderly, Disabled and Children Program, Supplemental Security Income, Social Security Disability Income or public assistance from a successor program; or (C) if at the commencement of this exclusion, the recipient of such public assistance would have remained eligible for such assistance if the income had not been earned; provided, however, that this earned income exclusion shall be in effect for a continuous 12-month period, regardless of any changes or gaps in employment during that period; provided further, that this exclusion may be exercised by the tenant when a household member has procured either full-time or part-time employment; and provided further, it shall be within the tenant’s sole discretion whether or when to exercise this 1-time earned income exclusion;

                                              (xxi) payments for a household member for participation in an employment program operated by a bona fide program providing employment training if such program is approved by the department or if sponsored or administered by a government agency to cover costs related to training or employment including, but not limited to, transportation, program fees, books or child care during training; provided, however, that this exclusion shall not apply to wages received through programs for training for employment, such as wages from on-the-job training;

                                              (xxii) wages or salary earned by a full-time student or by an unemancipated minor;

                                              (xxiii) income of a live-in personal care attendant, who is not a family member, who is paid for the fair market value of his services to a household member with a disability and whose income is not available for the needs of any household member: provided, however,  that the personal care attendant  shall be required to substantiate that he receives wages for the fair market value of his services and that such income is not available for the needs of any household member;

                                              (xxiv) inheritances and life insurance proceeds; provided, however, that this exclusion shall not apply to post-death interest paid on inheritances or insurance proceeds;

                                              (xxv) at the discretion of the local housing authority, with respect to an unemployable disabled veteran whose disability occurred in connection with military service, all but an amount to be determined by the department of housing and community development of the annual amount received by such unemployable disabled veteran from the United States government on account of such disability; provided, however, that if the local housing authority excludes all but $1,800 of such amount, no deductions shall be applied against that amount to be determined by the department of housing and community development;

                                              (xxvi) a return of capital upon the sale or transfer of an investment or of other real or personal property;

                                              (xxvii) wages or salary earned by a tenant who is age 62 or older or any other household member who is age 62 or older, but this amount shall not exceed the total amount earned by a person working 20 hours per week at the minimum wage specified in section 1 of chapter  151; and

                                              (xxviii) net household income  which shall be not less than zero and which shall be calculated by the gross household income less the following deductions: (A) an amount to be determined by the department of housing and community development for a household living in family housing in which the tenant is an elderly person of low income or a handicapped person of low income if the household is not overhoused, as defined in 760 CMR 6.03; (B) an amount to be determined by the department of housing and community development for each unemancipated minor household member under age 18; (C) an amount to be determined by the department of housing and community development for each adult household member, other than the tenant; provided, however that this deduction shall be limited by the amount by which the gross income of such adult household member exceeds all other deductions claimed against his income; (D) a deduction for heat in the amount prescribed by the department’s schedule of heat deductions; provided, however, that this deduction shall be available only to a household that separately pays for the cost of heat; (E) payments for necessary medical expenses, including copayment amounts which are not covered by insurance or otherwise reimbursed; provided, however, that such expenses shall be in excess of 3 per cent of the annual gross household income and are paid by household members; and provided further, that payments for medical health insurance shall be considered medical expenses; (F) payments for the care of a child of a sick or incapacitated household member provided that the local housing authority shall have determined the payments to be necessary for the employment of another household member who would otherwise have provided such care; provided, however, that the total amount deducted for this deduction and the deductions in clauses (vii) and (viii) for this household member who makes the payment shall not exceed his gross income; (G) child support, separate support or alimony paid under court order or court approved agreement by a household member for the support of a minor child, spouse or former spouse not residing in the household; provided, however, that the total amount deducted for this deduction and the deductions in clauses (vi) and (viii) for this household member shall not exceed his gross income; (H) nonreimbursable payments of tuition and fees of vocationally-related post-secondary education of a household member who is not a full-time student; provided, however, that the amount deducted for this deduction and the deductions in clauses (vi) and (vii) for this household member shall not exceed his gross income; (I) nonreimbursable payments for reasonable and necessary housekeeping or personal care services for a household member with a disability who, as a result of his disability, is physically unable to perform the housekeeping or personal care services if no household member is reasonably available to perform these services; and (J) travel expenses in excess of the cost of the least expensive available transportation for a household member with a disability who, as a result of his disability, is physically unable to use the least expensive available transportation and who uses the least expensive transportation practical for him in connection with necessary activities, provided that the necessary activities cannot reasonably be performed by another household member.

                              (b) The secretary of housing and economic development shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the department from those who received assistance fraudulently and the number of recipients who were issued partial or lifetime disqualifications.

                              SECTION 20.  Notwithstanding any general or special law to the contrary and to prevent fraud and misuse of unemployment benefits, the division of unemployment assistance shall:

                                              (1) maintain interagency agreements with the United States Social Security Administration to verify all claimant’s demographics and the United States Department of Homeland Security Citizenship and Immigration Service to verify a noncitizen claimant’s work authorization;

                                              (2) determine citizenship during new claim filings;

                                              (3) require noncitizen claimants to provide their alien registration number; provided, however, that the department of unemployment assistance shall verify that claimant information and alien registration number with the United States Department of Homeland Security Citizenship and Immigration Service;

                                              (4) require noncitizen claimants who cannot provide an alien registration number during the new claim process to send copies of any official documents they have that authorize them to work in the United States to the unemployment insurance program integrity department;

                                              (5) issue no payment after the first payment until the claim has been verified by the secondary verification process and the issue is approved for a claim from a monetarily eligible noncitizen that could not be verified by the above processes;

                                              (6) institute a secondary verification process, using unemployment insurance program integrity department staff to review the documents and transmit pertinent information from the documents for verification with the Department of Homeland Security Citizenship and Immigration Service;

                                              (7) flag expiration dates of work authorizations or in the unemployment insurance system if such dates exist; and

                                              (8) report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the division from those who received benefits fraudulently as well as the numbers of recipients who were issued partial or lifetime disqualifications.

                              SECTION 21.   Notwithstanding any general or special law to the contrary and to prevent fraud and misuse of public assistance benefits, the department of transitional assistance shall:

                                              (1)  consistent with federal and state law, require all applicants for benefits to provide verification of citizenship or their legal alien status; provided, however, that noncitizens shall be required to provide documentation from the United States Department of Homeland Security Citizenship and Immigration Services for verification purposes; provided further, that if such documentation is not available or is questionable, the department shall use the federal SAVE system to verify their legal alien status and determine whether they are qualified aliens for benefit eligibility purposes;

                                              (2)  implement data matching with the department of revenue, the department of children and families, the division of unemployment assistance and any other relevant agencies to verify financial and categorical eligibility criteria; 

                                              (3)  cooperate fully with the food and nutrition service of the United States Department of Agriculture in pursuing and prosecuting vendor fraud;

                                              (4)  refer all credible reports of fraud received from its fraud hotline or any other source to the bureau of special investigations for investigation;

                                              (5)  pursue, to the fullest extent possible, administrative disqualification penalties for instances of Supplemental Nutrition Assistance Program and cash assistance fraud; and

                                              (6)  report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the division from those who received benefits fraudulently and the number of recipients who were issued partial or lifetime disqualifications.”

                              SECTION 22. The state auditor shall conduct a study of the costs to the commonwealth of implementing amendment 52 as originally drafted and any new cost savings likely to accrue to the commonwealth as a result of that implementation.  The study shall include, but not be limited to, consideration of the impact of similar legislation in Colorado and the 2007 adoption of additional status verification requirements in the commonwealth for Medicaid services, as well as a distributional analysis showing the impact of implementation on taxpayers of varying income levels.  A report on the results of study shall be submitted to the house and senate committees on ways and means not later than December 31, 2010.

                              SECTION 23.  Sections 2 and 3 of chapter 30C of the General Laws shall apply as follows:

                                              (1) on or after September 1, 2010, with respect to public employers, contractors, or subcontractors of 500 or more employees;

                                              (2) on or after September 1, 2011, with respect to public employers, contractors, or subcontractors of 100 or more employees; and

                                              (3) on or after September 1, 2012, with respect to all public employers, contractors or subcontractors.

                              SECTION 24.  Chapter 18 of the General Laws is hereby amended by inserting after section 5H the following new sections:--

                              Section 5I.  Notwithstanding any general or special law to the contrary, eligible recipients of direct cash assistance shall not use direct cash assistance funds held on electronic benefit transfer cards for the purchase of alcoholic beverages or tobacco products.  An individual or store owner who knowingly accepts electronic benefit transfer cards in violation of this section shall be punished by imprisonment in a jail or house of correction for not more than 2 and one-half years or by a fine of not less than $1,000, or both such fine and imprisonment.

                              Section 5J.  Notwithstanding any general or special law to the contrary, whoever embezzles, willfully misapplies, steals or obtains by fraud any funds, assets or property provided by the department of transitional assistance and whoever receives, conceals or retains such funds, assets or property for his own interest knowing such funds, assets or property have been embezzled, willfully misapplied, stolen or obtained by fraud shall, if such funds, assets or property are of a value of $100 or more, be punished by a fine of not more than $25,000 or by imprisonment in a jail or house of correction for not more than 5 years, or both such fine and imprisonment, or if such funds, assets or property are of a value of less than $100, by a fine of not more than $1,000 or by imprisonment in a jail or house of correction for not more than 1 year, or both such fine and imprisonment.

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