SENATE DOCKET, NO. 1455 FILED ON: 1/21/2011
SENATE . . . . . . . . . . . . . . No. 1560
The Commonwealth of Massachusetts
Steven A. Baddour
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to comprehensive illegal immigration reform and safeguards.
SENATE DOCKET, NO. 1455 FILED ON: 1/21/2011
SENATE . . . . . . . . . . . . . . No. 1560
In the Year Two Thousand Eleven
An Act relative to comprehensive illegal immigration reform and safeguards.
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. 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 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).
S ECTION 2. 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 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. The state auditor shall conduct a study of the costs to the commonwealth of implementing this bill 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, 2011.
SECTION 18. Sections 2 and 3 of chapter 30C of the General Laws shall apply as follows:
(1) on or after September 1, 2011, with respect to public employers, contractors, or subcontractors of 500 or more employees;
(2) on or after September 1, 2012, with respect to public employers, contractors, or subcontractors of 100 or more employees; and
(3) on or after September 1, 2014, with respect to all public employers, contractors or subcontractors.