Summary — S.1313: "An Act encouraging employer integrity in hiring"
Status: Referred to Codes (introduced 01/14/2025; actions through 10/08/2025 noted)
Sponsor(s) (as shown in bill text): Senator Ryan C. Fattman; co‑petitioner Bruce E. Tarr
Short description
This bill would add a new criminal offense to Massachusetts General Laws Chapter 149 making it unlawful for an employer to knowingly falsify employment or citizenship documents for any non‑citizen (“alien”) working in the Commonwealth. It prescribes escalating fines and jail sentences for repeat offenders.
Purpose and intent
The stated purpose is to discourage employers from engaging in document fraud in hiring — specifically, falsifying employment or citizenship documentation for aliens — by creating criminal penalties at the state level and increasing consequences for repeat violations.
Key provisions
- Adds a new Section 19D to Chapter 149 of the General Laws.
- Prohibits an employer from knowingly falsifying employment or citizenship documents of any alien in Massachusetts.
- Sets criminal penalties that escalate with prior convictions (whether in Massachusetts or another jurisdiction):
- First offense: fine up to $1,000 and/or up to 30 days in jail.
- Second offense (one prior like conviction): fine between $1,000 and $2,500 and/or up to 3 months in jail.
- Third or subsequent offense (two prior like convictions): fine between $2,500 and $5,000 and mandatory jail time of at least 6 months (statute states: “and by imprisonment in jail for not less than 6 months, or both”).
Who would be affected
- Primary: employers operating in Massachusetts who hire non‑citizen workers or handle citizenship/employment documentation.
- Secondary: workers whose employment records could be falsified; state courts and law enforcement agencies responsible for prosecution.
- The statute applies to prior convictions in the Commonwealth or “any other jurisdiction,” so prior out‑of‑state convictions increase penalties.
Procedural status and timeline (selected entries)
- 01/14/2025: Bill filed (Senate No. 1313).
- 01/09/2025: Referred to Codes (records show multiple referrals to Codes).
- 02/27/2025: Referred to Committee on Labor and Workforce Development (and House concurred on that date).
- 04/07/2025: Read twice and referred to Committee on Homeland Security and Governmental Affairs.
- Hearings listed/scheduled for 10/08/2025 (rescheduled/updated times noted).
Related/companion measures
- Companion/related filings referenced include HR 2676, SD 713, and several prior‑session state bills (e.g., S.3239, S.1864, S.3674, S.860, S.340).
Notes and considerations
- The bill uses the term “alien” as its targeted population; application depends on how that statutory term is interpreted in practice.
- The measure creates state criminal penalties for document falsification related to immigration status — an area that often interacts with federal immigration law and enforcement. Implementation and enforcement could raise questions about coordination between state and federal authorities and possible preemption issues, but those legal questions are not addressed in the text.
- The bill focuses on employer conduct (knowingly falsifying documents); it does not create civil remedies in the text or address employer verification systems (e.g., E‑Verify).
This summary highlights the substantive elements of S.1313 as introduced. For legal advice or detailed statutory interpretation, consult counsel or legislative staff.