Budget Amendment ID: FY2012-S3-122-R1
Redraft GOV 122
FAIR EMPLOYMENT AND SECURITY
Messrs. Tarr, Hedlund, Knapik and Timilty moved that the proposed new text be amended by inserting after section 37 the following section:-
"SECTION 37A. The General Laws are hereby amended by inserting after chapter 30B the following 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.”
and by inserting after section 54 the following 4 sections:-
SECTION 54A. The first paragraph of section 2 of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 4 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 54B. 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 54C. 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 words:- "keep a record of motor vehicles and trailers that satisfy the application requirements, assign to each motor vehicle and trailer."
SECTION 54D. Section 20 of said chapter 90 is hereby amended by striking out, in lines 10 to 11, as so appearing, the words “of not less than $100 nor more than $1000” and inserting in place thereof the following words:- of not more than $500 for a first offense, by a fine of not less than $500 nor more than $1000 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.";
and by inserting after section 55 the following section:-
SECTION 55A. 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.";
and by inserting after section 64 the following section:- “SECTION 64A. 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.”;
and by inserting after section 75 the following 2 sections:-
SECTION 75A. Section 2 of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following paragraph:-
The attorney general shall continue to be available to receive reports of 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 employment of individuals in violation of federal immigration laws. All complaints, whether received in writing, electronically or in any other form shall be documented and may be investigated as appropriate by the attorney general to the extent permitted by federal law. The attorney general shall promptly refer any substantiated violations of federal immigration law to Immigration and Customs Enforcement. The attorney general shall annually prepare a report detailing all reported violations of said sections 19C and 26 and reported 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 United States Immigration and Customs Enforcement. The report shall be submitted annually to the chairs of the house and senate committees on ways and means and to the chairs of the joint committee on labor and workforce development not later than February 1.
SECTION 75B. Section 19C of said chapter 149, as so appearing, is hereby 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.”; and
by inserting after section 105 the following 2 sections:-
SECTION 105A. Section 183 of chapter 131 of the Acts of 2010 is herby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(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, 2012, and shall use that system to verify whether applicants whose documentation is not available or is questionable are qualified aliens for benefit eligibility purposes. The department shall be exempt from this requirement if it has reported before January 1, 2012, to the senate and house committees on ways and means and the executive office for administration and finance a report detailing the specific steps it has undertaken to implement SAVE, the other departments it worked with to implement such steps, and the specific reason or reasons it was unable to implement the program before December 31, 2011. Should the department find that it is not able to implement the SAVE system prior to January 1, 2012, it shall continue to undertake all reasonable, cost-effective measures to verify the eligibility of applicants, including ensuring eligibility on the basis of citizenship, during all times it is not implementing the SAVE system and shall begin implementing a cost effective system that utilizes SAVE.
SECTION 105B. Section 184 of Chapter 131 of the Acts of 2010 is hereby amended by striking out clause (5).";
and by inserting after section 145 the following 8 sections:-
"SECTION 145A. Notwithstanding any general or special law to the contrary, public employers, contractors, or subcontractors, as defined in section 1 of chapter 30C of the General Laws, with not more than 500 employees shall not be subject to sections 2 and 3 of said chapter 30C.
SECTION 145B. Notwithstanding any general or special law to the contrary, public employers, contractors, or subcontractors, as defined in section 1 of chapter 30C of the General Laws, with not more than 100 employees shall not be subject to sections 2 and 3 of said chapter 30C.
SECTION 145C. Section 145A is hereby repealed.
SECTION 145D. Section 145B is hereby repealed.
SECTION 145E. Section 145C shall take effect on September 1, 2012.
SECTION 145F. Section 145D shall take effect on September 1, 2013.
SECTION 145G. Sections 2 and 3 of chapter 30C of the General Laws, inserted by section 37A, and sections 145A and 145B shall take effect on September 1, 2011.
"SECTION 145H. Notwithstanding any general or special law to the contrary, by December 31, 2011, the Governor shall issue a report to the clerks of the house of representatives and the senate on the progress made in securing an agreement relative to and programs pursuant to the United States Immigration and Customs Enforcement Secure Communities program."