Budget Amendment ID: FY2013-S4-128.1
Further GOV 128.1
Fair Employment and Security
Messrs. Richard T. Moore, Hedlund, Tarr, Knapik and Ross moved that the amendment be amended by striking out the text and inserting in place thereof the following text:-
"SECTION 56A. 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 or 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, another federal agency, or by a private verification system authorized by the secretary of labor and workforce development 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 such participation, in writing, to the secretary of workforce development.
Section 3. No contractor or subcontractor who enters a contract with a public employer shall enter into a contract or subcontract with a public employer for the provision of goods or services in the commonwealth unless such contractor or subcontractor registers and participates in a work authorization program to verify information on all employees and certifies such participation, in writing, to the secretary of labor and workforce development.
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 secretary of labor and workforce development shall prescribe forms and promulgate rules and regulations necessary to implement and administer this chapter.
Section 6. The inspector general shall adopt regulations to ensure that a person receiving funds pursuant to a contract awarded under chapter 30B or 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 1436a. 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 this chapter and any regulations adopted pursuant to this chapter.”; and
by inserting after section 77 the following 4 sections:-
“SECTION 77A. Section 2 of chapter 90 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following 2 paragraphs:—
Applications for the registration of motor vehicles and trailers may be made by the owner thereof. If the owner is a corporation, sole proprietorship or business entity, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the corporation, sole proprietorship or business entity and the full address, including the street, city or town, state and zip code. If the owner is a sole proprietorship, the application shall contain a social security number and contain an employer identification number or federal tax identification number from the Internal Revenue Service, if one has been issued. If the applicant is a natural person, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the applicant, full residential address, date of birth and license number or identification card number issued by the registrar, if such license or card has been issued. The application of a natural person shall also contain the apartment number or unit number if the applicant’s address is in an apartment house, family hotel, condominium or a residential flat or is in a combined business and residential property. Except as otherwise provided in this chapter, no registration shall be issued to a natural person for a motor vehicle or trailer unless such person holds a license, identification card issued under section 8E, social security number issued by Social Security Administration or other proof of legal residence; provided, however, that the registrar shall provide by regulation for exemptions for out-of-state students, military personnel, senior citizens and disabled persons; provided, further, that the registrar may provide by regulation additional exemptions which would be consistent with the purpose of this section. The application shall also contain a brief description of the motor vehicle or trailer to be registered, including the name of the maker, such number or numbers as may be required by the registrar to properly identify the vehicle, the character of the motor power and the type of transmission and a statement signed by the applicant under the penalties of perjury that no excise tax liabilities on such motor vehicle are outstanding and incurred by the applicant, a member of the applicant’s immediate family who is a member of the applicant’s household or any business partner of 'the applicant. The registration fee, as required under section 33, shall accompany such application. Applicants for registration shall also comply with chapter 90D.
The registrar or the registrar’s duly authorized agents shall keep a record of motor vehicles and trailers that satisfy application requirements, assign to each motor vehicle and trailer a distinguishing mark or number to be known as the register number for that vehicle or trailer, and shall thereupon issue to the applicant a certificate of registration. If the owner is a corporation, sole proprietorship or business entity, the certificate shall contain the name and address of the corporation, sole proprietorship or business entity and the register number or mark and shall be in such form and contain such further information as the registrar may determine. If the owner is a natural person, the certificate shall contain the name, place of residence and address of the applicant and the register number or mark and shall be in such form and contain such further information as the registrar may determine.
SECTION 77B. Section 8 of chapter 90 is hereby amended by inserting, after the first paragraph, the following paragraph:-
An applicant for a license under this section, or a learner's permit under section 8B, shall submit satisfactory proof of age, signature, residency within the Commonwealth and lawful presence in the United States, in a form acceptable to the registrar. For purposes of establishing lawful presence, an applicant shall provide his or her social security number, the validity of which the registrar shall confirm with the United States Social Security Administration. An applicant may provide, in lieu of a social security number, acceptable evidence that the applicant has applied for a social security number but has been denied by the Social Security Administration, and 1 or more of the following: (i) certificate of naturalization, (ii) certificate of citizenship, (iii) United States identification card, (iv) permanent resident card, (v) temporary resident identification card, (vi) record of departure, (vii) processed for I-551 stamp, (viii) United States permanent resident re-entry permit, (ix) United States refugee travel document, (x) employment authorization card, (xi) documents specific to the applicant based upon decisions of the United States Department of State, United States Department of Justice, including the Executive Office for Immigration Review, Board of Immigration Appeals and former Immigration and Naturalization Service, or the United States Department of Homeland Security.
SECTION 77C. Section 12 of said chapter 90, as so appearing, is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:—
(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 $750 and, for a second or subsequent violation, by a fine of not less than $750 nor more than $1,500 or imprisonment in the house of correction for not more than 1 year, or both such fine and imprisonment.
(b) Whoever knowingly permits a motor vehicle owned by such person or under such person’s control to be operated by a person who is unlicensed or whose license has been suspended or revoked shall be punished by 1 year in the house of correction or a fine of not more than $750 for a first offense or, for a second or subsequent offense by a fine of not less than $750 and not more than $1,500 or imprisonment in a house of correction for not more than 2 1/2 years, or both such fine and imprisonment.
SECTION 77D. Section 20 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words “of not less than $100 nor more than $1,000” 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 $1,000, for a second offense, by a fine of not less than $1,000 nor more than $2,000, up to 30 days in the house of correction, or both such fine and imprisonment, for any third or subsequent offense.”; and
by inserting after section 78 the following 2 sections:-
“SECTION 78A. 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 shall be punished as follows: (i) for acts involving any combination of 5 or fewer learner’s permits, licenses to operate or identification cards, by a fine of not more than $500 or by imprisonment in the house of correction for not more than 1 year, or both such fine and imprisonment; (ii) for acts involving 6 to 10 such documents, by a fine of not more than $1,000 or by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 2 1/2 years, or both such fine and imprisonment; (iii) for acts involving more than 10 such documents, by a fine of not more than $10,000 or by imprisonment in the state prison for not more than 15 years, or both such fine and imprisonment.”; and
“SECTION 78B. The third paragraph of section 24B 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 in the house of correction for not more than 90 days, or both such fine and imprisonment for a second or subsequent offense. Any person who sells or distributes a false identification card shall be punished by a fine of not more than $5,000 or imprisonment in the state prison for not more than 5 years, or both such fine and imprisonment.”; and
by inserting after section 85, the following section:-
“SECTION 85A. Section 32 of chapter 121B of the General Laws, as appearing in the 2010 Official Edition, 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 88, the following 2 sections:-
“SECTION 88A. Section 2 of chapter 149 of the General Laws, as appearing in the 2010 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 promulgate regulations or written policies providing criteria for investigation of complaints relating to 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 and shall make them available on a public website by July 31, 2013.
SECTION 88B. 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 155, the following 7 sections:-
“SECTION 155A. The registrar of motor vehicles shall investigate and report on any compliance issues with the implementation of the federal REAL ID Act of 2005 occurring on January 15, 2013, as it relates to the issuance of licenses to operate motor vehicles. The registrar shall file the report, accompanied by any legislative recommendations, with the clerks of the house of representatives and senate and the chairs of the joint committee on public safety on or before January 1, 2013.
SECTION 155B. (a) Notwithstanding any general or special law to the contrary, the MassHealth program within the executive office of health and human services shall, not later than July 31, 2013, use the federal Systematic Alien Verification for Entitlements, or SAVE system, to verify the immigration status of all persons who apply for benefits with an alien admission number or alien file number.
Consistent with federal and state law and notwithstanding the previous paragraph, the SAVE system may be incorporated into a system for the executive office of health and human services and all agencies organized therein, to determine common eligibility standards for applicants. Nothing in this section shall be construed to prevent the development of a system of common eligibility standards that includes additional agencies outside the executive office of health and human services, provided that such system shall include the use of the SAVE system.
(b) The executive office of health and human services or the executive office of administration and finance shall, not later than March 1, 2013, report to the senate and house committees on ways and means the status of the implementation of the federal Systematic Alien Verification for Entitlements, or SAVE system, to verify the immigration status of all persons who apply for benefits with an alien admission number or alien file number.
(c) Annually, on or before February 1, the executive office of health and human services shall report to the senate and house committees on ways and means and the executive office for administration and finance: (i) the amount of money recovered from recipients, providers or other vendors who fraudulently received benefits or payments under chapter 118E of the General Laws and (ii) the costs incurred by the executive office of health and human services to verify the immigration status through the SAVE system.
SECTION 155C. The registrar shall promulgate regulations pursuant to the sixth sentence of section 2 of chapter 90 no later than January 1, 2013.
SECTION 155D. Section 77A shall apply to registrations issued or renewed on or after January 1, 2013.
SECTION 155E. Notwithstanding any general or special law to the contrary, sections 2 and 3 of chapter 30C of the General Laws shall not apply to public employers, contractors and subcontractors with fewer than 500 employees.
SECTION 155F. Notwithstanding any general or special law to the contrary, sections 2 and 3 of chapter 30C of the General Laws shall not apply to public employers, contractors and subcontractors with fewer than 100 employees.”; and
by inserting, after section 160, the following 4 sections:-
“SECTION 160A. Section 155E is hereby repealed.
SECTION 160B. Section 155F is hereby repealed.
SECTION 160C. Section 160A shall take effect on September 1, 2013.
SECTION 160D. Section 160B shall take effect on September 1, 2014.”