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SENATE DOCKET, NO. 2109         FILED ON: 9/23/2011

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

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Richard T. Moore

_______________

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 to enhance community safety.

_______________

PETITION OF:

 

Name:

District/Address:

Richard T. Moore

 

John V. Fernandes

10th Worcester

Bruce E. Tarr

 

George N. Peterson, Jr.

9th Worcester

Steven A. Baddour

 

James E. Timilty

 

Bradley H. Jones, Jr.

20th Middlesex

Michael O. Moore

 

Elizabeth A. Poirier

14th Bristol

Robert L. Hedlund

 

Michael R. Knapik

 

Richard J. Ross

Norfolk, Bristol, and Middlesex

Anne M. Gobi

5th Worcester

Bradford Hill

4th Essex

Michael J. Rodrigues

 

Chris Walsh

6th Middlesex

Linda Campbell

15th Essex

James R. Miceli

19th Middlesex

John P. Fresolo

16th Worcester

Joyce A. Spiliotis

12th Essex

Steven L. Levy

4th Middlesex

Kimberly N. Ferguson

1st Worcester

Steven S. Howitt

4th Bristol

Shaunna O'Connell

3rd Bristol

Peter J. Durant

6th Worcester

Geoff Diehl

7th Plymouth

George T. Ross

2nd Bristol

Viriato Manuel deMacedo

1st Plymouth

Paul K. Frost

7th Worcester

Donald F. Humason, Jr.

4th Hampden

Kevin J. Kuros

8th Worcester

Angelo L. D'Emilia

8th Plymouth

Ryan C. Fattman

18th Worcester

Richard Bastien

2nd Worcester

Edward F. Coppinger

10th Suffolk

James J. Dwyer

30th Middlesex

Susan Williams Gifford

2nd Plymouth

Randy Hunt

5th Barnstable

Paul Adams

17th Essex

Daniel B. Winslow

9th Norfolk

F. Jay Barrows

1st Bristol

Matthew A. Beaton

11th Worcester

Donald H. Wong

9th Essex

Marc T. Lombardo

22nd Middlesex

Stephen L. DiNatale

3rd Worcester

James T. Welch

 

Nick Collins

4th Suffolk

Sheila C. Harrington

1st Middlesex

James J. Lyons, Jr.

18th Essex

Todd M. Smola

1st Hampden

David T. Vieira

3rd Barnstable

Robert M. Koczera

11th Bristol


SENATE DOCKET, NO. 2109        FILED ON: 9/23/2011

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

By Mr. Moore, a petition (accompanied by bill, Senate, No.         ) of Richard T. Moore, John V. Fernandes, Bruce E. Tarr, George N. Peterson, Jr. and other members of the General Court for legislation to enhance community safety.  The Judiciary.


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act to enhance community safety.
 

              Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect our communities and confront the strains placed on personal, municipal, and statewide finances as a result of illegal immigration, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.
 

              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 the federal law prohibiting the employment of unauthorized aliens; or.

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

                          “Chapter 30C.  PUBLIC CONTRACT INTEGRITY

                          Section 1. For the purposes of this chapter, the following terms shall be defined as follows:

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

                          “Work authorization program”: any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any 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 any private verification system authorized by the director of the department of labor to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA) and its progeny.

                          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 of all new employees and certifies to that effect in writing to the director of the department of labor.

                          Section 3. No contractor or subcontractor who enters a contract with a public employer shall enter into such 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 of all employees and certifies to that effect in writing to the director of the department of labor.

                          Section 4.  Sections 2 and 3 of this chapter shall apply as follows:

                          (A) On or after September 1, 2012, with respect to public employers, contractors, or subcontractors of 500 or more employees;

                          (B) On or after September 1, 2013, with respect to public employers, contractors, or subcontractors of 100 or more employees; and

                          (C) On or after September 1, 2014, with respect to all public employers, contractors, or subcontractors.

                          Section 5.  The provisions of this chapter shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

                          Section 6. Except as provided in section 4 of this chapter, the director of the department of labor shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate the provisions of this chapter.

                          Section 7. The Attorney General, in consultation with the Inspector General, shall develop and promulgate regulations for the purpose of ensuring that any person receiving funds pursuant to a contract awarded subject to the provisions of chapter 30B and section 44A of chapter 149 of the general laws is in compliance with federal laws pertaining to immigration and citizenship, including but not limited to 42 U.S.C. 1436(a). Such regulations shall include but not be limited to the ascertaining and verification of immigration and/or citizenship status through a work authorization program maintained by the United States Department of Homeland Security or its substantial equivalent.

                          Section 8. No contract shall be awarded by or to a public employer, and no public funds shall be expended in accordance with such a contract, unless the public employer named in the contract complies with the regulations prescribed in this chapter.

                          Section 9.  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).”

                          Section 10. The auditor is hereby authorized to conduct random audits to ensure compliance with the provisions of this chapter.

                          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:-

                          “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 or employer 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 the 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 one of its registering owners or lessees holds a valid license, social security card issued by Social Security Administration, or other proof of legal presence.  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 word “signed”. 

                          SECTION 5.  Said section 2 of said chapter 90 is hereby further amended by striking, in lines 21 through 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 12 of chapter 90 of the general laws, as so appearing, is hereby amended by striking subsections (a) and (b) in their entirety, and inserting in place thereof the following:-

                          "(a) Whoever knowingly employs for hire as a motor vehicle operator any person not licensed in accordance with this chapter shall be punished by a fine of not more than $1,000 or imprisonment for not more than 60 days or both such fine and imprisonment for a first offense, or, for a second or subsequent offense by a fine of not less than $1,000 nor more than $2,000 or imprisonment in the house of correction for not more than 2 ½ years, or both such fine and imprisonment.

                          (b) Whoever knowingly permits a motor vehicle owned by him or under his control to be operated by a person who is unlicensed or whose license has been suspended or revoked shall be punished by a fine of not more than $1,000 or imprisonment for not more than 60 days or both such fine and imprisonment for a first offense, or, for a second or subsequent offense by a fine of not less than $1,000 nor more than $2,000 or imprisonment in the house of correction for not more than 2 ½ years, or both such fine and imprisonment.”

                          SECTION 7.  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 $1,000” and inserting in place thereof the following:- “by a fine of not more than $500 for a first offense or by imprisonment for not more than 10 days, or by both such fine and imprisonment, by a fine of not less than $500 nor more than $1,000 or by imprisonment for not more than 30 days, or both such fine and imprisonment, 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 60 days, or both such fine and imprisonment, for any subsequent offense;  provided however that when a person is brought before a district court for the initial appearance the court shall ascertain the immigration status of the individual by utilizing data available through the United States Department of Homeland Security, or any other relevant federal agency;”

                          SECTION 8.  Section 24 of chapter 90, as so appearing, is hereby amended by inserting at the end thereof the following paragraph:-  

                          “When any person charged with driving under the influence pursuant to this section is confined, for any period, in any correctional institution, prison, or local or regional holding facility in the commonwealth, the commissioner of the department of corrections, the county sheriff, or the municipal police chief or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired.  If verification of lawful status cannot be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security.  If the prisoner is determined not to be lawfully admitted to the United States the commissioner of the department of corrections, the county sheriff, the municipal police chief or any other officer shall notify the United States Department of Homeland Security.  The secretary of the executive office of public safety shall prepare and issue guidelines and procedures used to comply with the provisions of this paragraph.”

                          SECTION 9.  Section 24B of chapter 90 of the general laws is hereby amended by adding, after the first paragraph, the following:-

                          “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 assists another to do so shall be punished as follows: (i) for the above acts involving 1 to 5 documents, by a fine of not more than $2,500 or by imprisonment in state prison for not more than 5 years or in a house of correction for not more than 2 ½ years, or both such fine and imprisonment; (ii) for acts involving 5 to 10 documents, by a fine of not more than $5,000 or by imprisonment in state prison for not more than 7 years or in a house of correction for not more than 8 years, or both such fine and imprisonment; (iii) for acts involving more than 10 documents, by a fine of not more than $25,000 or by imprisonment in state prison for not more than 15 years or for not more than 10 years in a house of correction, or both such fine and imprisonment.”

                          SECTION 10.  Subsection (a) of section 24W of said chapter 90, as so appearing, is hereby amended by inserting in line 9, after the words “section 13 ½ of chapter 265 or,” the following:- “any person convicted of operating a motor vehicle without having been issued a license pursuant to section 20 of chapter 90, or”

                          SECTION 11.  Section 1 of chapter 118 of the general laws, as so appearing, is hereby amended by inserting at the end thereof 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 12.  Section 32 of chapter 121B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following paragraph:-

                          “An applicant for assisted housing under this chapter who is not eligible for federal assisted housing under 42 U.S.C. section 1436a, and who is not a person legally residing in the United States as provided in section 16D of chapter 118E shall not displace or be given priority over any applicant who is so eligible.”

                          SECTION 13.  Chapter 149 of the general laws is hereby amended by striking section 19C in its entirety and inserting in place thereof the following:-

                          Section 19C.  (a) An employer shall not knowingly employ an unauthorized alien.  The term, unauthorized alien, shall mean an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 U.S.C. 1324a(h)(3).  If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in the commonwealth, the employer knowingly contracts with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor, the employer violates this subsection. 

                          (b) The attorney general shall prescribe a complaint form for a person to allege a violation of subsection (a).  The complainant shall not be required to list the complainant’s social security number on the complaint form or to have the complaint form notarized.  Upon receipt of a complaint that an employer allegedly knowingly employs an unauthorized alien, the attorney general or district attorney shall investigate whether the employer has violated subsection (a).  If a complaint is received but is not submitted on said prescribed form, the attorney general or district attorney may investigate whether the employer has violated subsection (a).  This shall not be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form.  The attorney general or district attorney shall not investigate complaints that are based solely on race, color or national origin.  A complaint that is submitted to a district attorney shall be submitted to the district attorney in the county in which the alleged unauthorized alien is or was employed by the employer.  The county sheriff or any other local law enforcement agency may assist in investigating a complaint.  When investigating a complaint, the attorney general or district attorney shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 U.S.C. 1373(c).  A state, county or local official shall not attempt independently to make a final determination on whether an alien is authorized to work in the United States.  An alien’s immigration status or work authorization status shall be verified with the federal government pursuant to 8 U.S.C. 1373(c).  Whoever knowingly files a false and frivolous complaint shall be punished by a fine of not more than $500, or by imprisonment of not more than 30 days, or both such fine and imprisonment.

                          (c) If, after an investigation, the attorney general or district attorney determines that the complaint is not false and frivolous:

                                      (1) The attorney general or district attorney shall notify the United States Immigration and Customs Enforcement of the presence of the unauthorized alien;

                                      (2) The attorney general or district attorney shall notify the United States Immigration and Customs Enforcement of the employer’s alleged employment of unauthorized workers;

                                      (3) The attorney general or district attorney shall notify the Department of Revenue of the employer’s alleged employment of unauthorized workers;

                                      (4) The attorney general or district attorney shall notify the local law enforcement agency of the unauthorized alien;

                                      (5) The attorney general shall notify the appropriate district attorney to bring an action pursuant to subsection (d) if the complaint was originally filed with the attorney general;

                          (d) An action for a violation of subsection (a) shall be brought against the employer by the district attorney in the county where the unauthorized alien employee is or was employed by the employer.  A Level II violation shall be based only on an unauthorized alien who is or was employed by the employer after an action has been brought for a violation of subsection (a) or subsection (k).  An employer shall not be subject to a Level II violation unless is currently on probation for a Level I violation.    

                          (e) For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.

                          (f) On a finding of a violation of subsection (a):

                                      (1) For a Level I, or a violation which does not occur during a probationary period ordered by the court, the court:

                                                  i. Shall order the employer to terminate the employment of all unauthorized aliens; and

                                                  ii. Shall order the employer to be subject to a 3 year probationary period for the business location where the unauthorized alien performed work.  During the probationary period the employer shall file quarterly reports with the district attorney of each new employee who is hired by the employer at the business location where the unauthorized alien performed work; and

                                                  iii. Shall order the employer to file a sworn affidavit with the district attorney within 3 business days after the order is issued.  The affidavit shall state that the employer has terminated the employment of all unauthorized aliens in the commonwealth and that the employer will not intentionally or knowingly employ an unauthorized alien in the commonwealth.  The court shall order the appropriate state agencies to suspend all licenses subject to this clause that are held by the employer if the employer fails to file a sworn affidavit with the district attorney within 3 business days after the order is issued.  All licenses that are suspended under this clause shall remain suspended until such time as the employer files a sworn affidavit with the district attorney.  Notwithstanding any general or special law to the contrary, upon filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate state agencies.  For the purposes of this clause, the licenses that shall be subject to suspension are all licenses that are held by the employer specific to the business location where the unauthorized alien performed work.  If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer’s business in general, the licenses that are subject to suspension are all licenses that are held by the employer at the employer’s primary place of business.  Upon receipt of the order, the appropriate state agencies shall immediately revoke the licenses.  The court shall send a copy of the court’s order to the attorney general and the attorney general shall maintain the copy pursuant to subsection (g); and

                                                  iv. May order the appropriate state agencies to suspend all licenses described in clause (iii) that are held by the employer for a period not to exceed 10 business days.  The court shall base its decision to suspend on any evidence or information submitted to it during the action for a violation and shall consider the following factors, if relevant:

                                                              a. Number of unauthorized aliens employed by the employer;

                                                              b. Prior misconduct by the employer;

                                                              c. Degree of harm resulting from the violation;

                                                              d. Whether the employer made good faith efforts to comply with any applicable requirements;

                                                              e. Duration of the violation;

                                                              f. Role of the directors, officers or principals of the employer in the violation;

                                                              g. Other factors that the court deems appropriate.

                                      (2) For a Level II violation, or a violation which occurs during a probationary period ordered by the court, the court shall order the appropriate state agencies to permanently revoke all licenses that are held by the employer specific to the business location where the unauthorized alien performed work.  If the employer does not hold a license specific to the business location where the unauthorized alien performed work but a license is necessary to operate the employer’s business in general, the court shall order the appropriate state agencies to permanently revoke all licenses that are held by the employer at the employer’s primary place of business.  Upon receipt of the order, the appropriate state agencies shall immediately revoke the licenses. 

                          (g) The attorney general shall maintain copies of court orders that are received pursuant to subsection (f) and shall maintain a database of the employers and business locations that have a Level I of subsection (a) and make the court orders available on the attorney general’s website.

                          (h) When determining whether an employee is an unauthorized alien, the court shall consider only the federal government’s determination pursuant to 8 U.S.C. 1373(c).  The federal government’s determination creates a rebuttable presumption of the employee’s lawful status.  The court may take judicial notice of the federal government’s determination and may request the federal government to provide automated or testimonial verification pursuant to 8 U.S.C. 1373(c). 

                          (i) For the purposes of this subsection, proof of verifying the employment authorization of an employee through available federal resources creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien.

                          (j) For the purposes of this subsection, an employer that establishes that it has complied in good faith with the requirements of 8 U.S.C. 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien.  An employer is considered to have complied with the requirements of 8 U.S.C. 1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.

                          (k) An employer shall not intentionally employ an unauthorized alien.  If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in the commonwealth, the employer intentionally contracts with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor, the employer violates this subsection. 

                          (l) The attorney general shall prescribe a complaint form for a person to allege a violation of subsection (k).  The complainant shall not be required to list the complainant’s social security number on the complaint form or to have the complaint form notarized.  Upon receipt of a complaint that an employer allegedly intentionally employs an unauthorized alien, the attorney general or district attorney shall investigate whether the employer has violated subsection (k).  If a complaint is received but is not submitted on said prescribed form, the attorney general or district may investigate whether the employer has violated subsection (k).  This shall not be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form.  The attorney general or district attorney shall not investigate complaints that are based solely on race, color or national origin.  A complaint that is submitted to a district attorney shall be submitted to the district attorney in the county in which the alleged unauthorized alien is or was employed by the employer.  The county sheriff or any other local law enforcement agency may assist in investigating a complaint.  When investigating a complaint, the attorney general or district attorney shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 U.S.C. 1373(c).  A state, county or local official shall not attempt independently to make a final determination on whether an alien is authorized to work in the United States.  An alien’s immigration status or work authorization status shall be verified with the federal government pursuant to 8 U.S.C. 1373(c).  Whoever knowingly files a false and frivolous complaint shall be punished by a fine of not more than $500, or by imprisonment of not more than 30 days, or both such fine and imprisonment.

                          (m) If, after an investigation, the attorney general or district attorney determines that the complaint is not false and frivolous:

                                      (1) The attorney general or district attorney shall notify the United States Immigration and Customs Enforcement of the presence of the unauthorized alien;

                                      (2) The attorney general or district attorney shall notify the United States Immigration and Customs Enforcement of the employer’s alleged employment of unauthorized workers;

                                      (3) The attorney general or district attorney shall notify the Department of Revenue of the employer’s alleged employment of unauthorized workers;

                                      (4) The attorney general or district attorney shall notify the local law enforcement agency of the unauthorized alien;

                                      (5) The attorney general shall notify the appropriate district attorney to bring an action pursuant to subsection (n) if the complaint was originally filed with the attorney general;

                          (n) An action for a violation of subsection (k) shall be brought against the employer by the district attorney in the county where the unauthorized alien employee is or was employed by the employer.  A Level II violation shall be based only on an unauthorized alien who is or was employed by the employer after an action has been brought for a violation of subsection (k) or subsection (a). 

                          (o) For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.

                          (p) On a finding of a violation of subsection (k):

                                      (1) For a Level I violation, or a violation which does not occur during a probationary period ordered by the court, the court shall:

                                                  i. Order the employer to terminate the employment of all unauthorized aliens; and

                                                  ii. Order the employer to be subject to a 5 year probationary period for the business location where the unauthorized alien performed work.  During the probationary period the employer shall file quarterly reports with the district attorney of each new employee who is hired by the employer at the business location where the unauthorized alien performed work; and

                                                  iii. Order the employer to file a sworn affidavit with the district attorney within 3 business days after the order is issued.  The affidavit shall state that the employer has terminated the employment of all unauthorized aliens in the commonwealth and that the employer will not intentionally or knowingly employ an unauthorized alien in the commonwealth.  The court shall order the appropriate state agencies to suspend all licenses subject to this clause that are held by the employer if the employer fails to file a sworn affidavit with the district attorney within 3 business days after the order is issued.  All licenses that are suspended under this clause shall remain suspended until such time as the employer files a sworn affidavit with the district attorney.  Notwithstanding any general or special law to the contrary, upon filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate state agencies.  For the purposes of this clause, the licenses that shall be subject to suspension are all licenses that are held by the employer specific to the business location where the unauthorized alien performed work.  If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer’s business in general, the licenses that are subject to suspension are all licenses that are held by the employer at the employer’s primary place of business.  Upon receipt of the order, the appropriate state agencies shall immediately revoke the licenses.  The court shall send a copy of the court’s order to the attorney general and the attorney general shall maintain the copy pursuant to subsection (q).

                                                  iv. Order the appropriate state agencies to suspend all licenses described in clause (iv) that are held by the employer for a period not to exceed 10 business days.  The court shall base its decision to suspend on any evidence or information submitted to it during the action for a violation and shall consider the following factors, if relevant:

                                                              a. Number of unauthorized aliens employed by the employer;

                                                              b. Prior misconduct by the employer;

                                                              c. Degree of harm resulting from the violation;

                                                              d. Whether the employer made good faith efforts to comply with any applicable requirements;

                                                              e. Duration of the violation;

                                                              f. Role of the directors, officers or principals of the employer in the violation;

                                                              g. Other factors that the court deems appropriate; and

                                      (2) For a Level II violation, or a violation which occurs during a probationary period ordered by the court, the court shall order the appropriate state agencies to permanently revoke all licenses that are held by the employer specific to the business location where the unauthorized alien performed work.  If the employer does not hold a license specific to the business location where the unauthorized alien performed work but a license is necessary to operate the employer’s business in general, the court shall order the appropriate state agencies to permanently revoke all licenses that are held by the employer at the employer’s primary place of business.  Upon receipt of the order, the appropriate state agencies shall immediately revoke the licenses. 

                          (q) The attorney general shall maintain copies of court orders that are received pursuant to subsection (p) and shall maintain a database of the employers and business locations that have a Level I violation of subsection (k) and make the court orders available on the attorney general’s website.

                          (r) When determining whether an employee is an unauthorized alien, the court shall consider only the federal government’s determination pursuant to 8 U.S.C. 1373(c).  The federal government’s determination creates a rebuttable presumption of the employee’s lawful status.  The court may take judicial notice of the federal government’s determination and may request the federal government to provide automated or testimonial verification pursuant to 8 U.S.C. 1373(c). 

                          (s) For the purposes of this section, proof of verifying the employment authorization of an employee through available federal resources creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien.

                          (t) For the purposes of this section, an employer that establishes that it has complied in good faith with the requirements of 8 U.S.C. 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien.  An employer is considered to have complied with the requirements of 8 U.S.C. 1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.

                          SECTION 14.  The third paragraph of section 34B of chapter 138, as so appearing, is hereby amended by inserting the following:- “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 15. Chapter 149 of the General Laws is hereby amended by inserting after section 19C the following new section:-

                          “19D. Whoever utilizes in any way a false identification document for the purposes of soliciting, securing, or maintaining employment from a public employer as defined in section 1 of chapter 30C shall be punished by a fine of not more than $5,000 or by imprisonment in the state prison for not more than 5 years or in a jail or house of correction for not more than 2 years, or both such fine and imprisonment.”

                          SECTION 16.  Chapter 186 of the general laws, as so appearing, is hereby amended by adding the following section:-

                          Section 23.  No person shall charge, demand, receive or accept any rent or other payment for the use or occupancy of any residential rental premises which is used or occupied in violation of a zoning by-law, the state building code or other codes, and of which said person has knowledge, or reason to know, and does permit. 

                          Within 10 days following receipt of a notice to abate an unlawful occupancy violation, the owner of a residential premises shall serve upon the occupants of such using or occupying said residential premises a copy of this section and shall post a copy of this section in a common area of the premises accessible to all occupants thereof for inspection.  Such owner or person shall serve such occupants a notice to vacate the property, requiring that the property be vacated within 10 days.

                          Any person found in violation of this section shall be subject to a fine of not less than $500 not more than $2,000, or by imprisonment of not more than 90 days, or both such fine and imprisonment.

                          In addition to requiring relocation assistance to displaced tenants, the owner-landlord may be fined an amount equal to up to 6 times the monthly rent for zoning and housing code violations to be paid to the city or town. 

                          In addition to the above penalties the court may impose a fine equal to the tuition costs of any resident of the unlawful tenant attending a public school which fine shall be received in a civil action by a summary proceeding in the name of the city or town.  Said fine shall be paid by the owner of the property.  The district court and superior court divisions of the trial shall have jurisdiction of this section.  The tuition costs shall be determined in the manner prescribed for nonresident student and shall be paid to the school district which the student attends. 

                          Where an owner is convicted of a violation of this section they shall be required to permanently remove the kitchen and bathroom if it exists, an all electrical and plumbing that was installed without proper permits.  The term, remove the kitchen shall mean removal of a stove, refrigerator and sinks in any such structure.  The building inspector, or his designee, shall inspect the premises to insure all such removal is accomplished within 30 days of the notice to remove.

                          Any tenant who receives a notification of eviction that results from zoning or code enforcement activity for an illegal occupancy shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to up to 6 times the monthly rental paid by the displaced person.  The owner-landlord of the structure shall be liable for the payment of relocation assistance pursuant to this section. 

                          SECTION 17.  Section 27B of chapter 261 of the general laws, as so appearing, is hereby amended by inserting at the end thereof the following:-

                          “For the purposes of verifying income eligibility, said affidavit of indigency shall include the respective indigent party’s social security number.  Said affidavit, complete with social security number, shall be transmitted to the department of revenue for verification.”

                          SECTION 18.  Section 47 of chapter 277 of the general laws, as so appearing, is hereby amended by inserting at the end thereof the following sentence:-

                          “The immigration status of every defendant, including but not limited to those accused of a violation of section 24 of chapter 90 of the general laws, a violation of section 10 of chapter 90 of the general laws, or a like violation of an offense classified as Level I as referenced by the United States Department of Homeland Security’s Secure Communities Program, shall be confirmed at the arraignment stage of any criminal court proceeding.  In the event the defendant is unlawfully present within the United States, the defendant’s status shall be transmitted to the United States Immigration and Customs Enforcement.” 

                          SECTION 19.  Within 6 months of the passage of this act, the executive office of public safety shall report to the joint committee on public safety and homeland security and the clerks of the senate and house of representatives the actions undertaken by the commonwealth to assist with the deployment of the Secure Communities Program as administered by the United States Department of Homeland Security.  Said report shall include each of the jurisdictions within the commonwealth that are currently enrolled in the program, those jurisdictions not yet enrolled, the number of criminal aliens that have been identified utilizing the program, the estimated costs of any technology upgrades necessary to deploy the program statewide, and any upgrades that may be required in order to maximize the data available to municipal police through the Criminal Justice Information Services Division Wide Area Network.  The secretary shall designate a liaison that shall facilitate the statewide deployment of the Secure Communities program in cooperation with the United States Department of Homeland Security.  

                          SECTION 20.  Within 6 months of the passage of this act, the executive office of public safety shall report to the joint committee on public safety and homeland security, the house and senate committees on ways and means, and the clerks of the senate and house of representatives on what steps are being taken to improve the effectiveness of license plate reader technology by aligning any state database with any available national databases, the cost of such an alignment, and a proposed schedule for implementation. 

                          SECTION 21.  Notwithstanding any general or special 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 Citizenship and Immigration Services. 

                          SECTION 22.  (a) Notwithstanding any 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 first complete the Free Application for Federal Student Aid or any 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, the joint committee on education, and the clerks of the senate and house of representatives 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 23.  Notwithstanding any general or special law to the contrary, when issuing periodic notices to taxpayers and registered businesses, the department of revenue include information illustrating the risks of employing or contracting with unauthorized workers.  Said notice shall include the estimated costs to public safety, the strains placed upon the health safety net, the potential for personal liability, the impacts upon local school budgets, the impact upon the job market, and the availability of quality housing. 

                          SECTION 24.  Section 13 shall take effect on July 1, 2012.

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