AB 450

  • California Assembly Bill
  • 2017-2018 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 31, 2017
  • Passed Senate Sep 12, 2017
  • Signed by Governor Oct 05, 2017

Employment regulation: immigration worksite enforcement actions.

Abstract

Existing law prohibits an employer or other person or entity from engaging in, or to directing another person or entity to engage in, unfair immigration-related practices against a person for exercising specified rights. Existing law defines unfair immigration-related practices for these purposes. Existing law grants the Labor Commissioner access to places of labor and authorizes the commissioner to conduct investigations and prosecute actions in relation to the prescribed duties of the office. Existing law creates the Labor Enforcement and Compliance Fund, moneys in which, upon appropriation by the Legislature, are available to support the Division of Labor Standards Enforcement. This bill would impose various requirements on public and private employers with regard to federal immigration agency immigration worksite enforcement actions. Except as otherwise required by federal law, the bill would prohibit an employer or other person acting on the employer's behalf from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant, except as specified. Except as required by federal law, the bill would prohibit an employer or other person acting on the employer's behalf from providing voluntary consent to an immigration enforcement agent to access, review, or obtain the employer's employee records without a subpoena or court order, subject to a specified exception. The bill would grant the Labor Commissioner or the Attorney General the exclusive authority to enforce these provisions and would require that any penalty recovered be deposited in the Labor Enforcement and Compliance Fund. The bill would prescribe penalties for failure to satisfy the prohibitions described above of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation, as defined. The bill would specify circumstances for which penalties do not apply. The bill, except as required by federal law, would require an employer to provide a current employee notice containing specified information, by posting in the language the employer normally uses to communicate employment information, of an inspection of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency within 72 hours of receiving the federal notice of inspection. The bill would require an employer, upon reasonable request, to provide an affected employee a copy of the notice of inspection of I-9 Employment Eligibility Verification forms. The bill would require the Labor Commissioner, by July 1, 2018, to create a template for these purposes and make it available, as specified. The bill would require an employer to provide to an affected current employee, and to the employee's authorized representative, if any, a copy of the written immigration agency notice that provides for the inspection results and written notice of the obligations of the employer and the affected employee arising from the action, as specified. The bill would define affected employee for these purposes. The bill would prescribe penalties for failure to provide the notices of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation, except as specified, to be collected by the Labor Commissioner. Except as required by federal law, the bill would prohibit an employer from reverifying the employment eligibility of a current employee at a time or in a manner not required by specified federal law. The bill would prescribe a penalty of up to $10,000 for a violation of this prohibition to be recoverable by the Labor Commissioner.

Bill Sponsors (7)

Votes


Actions


Oct 05, 2017

California State Legislature

Chaptered by Secretary of State - Chapter 492, Statutes of 2017.

California State Legislature

Approved by the Governor.

Sep 20, 2017

California State Legislature

Enrolled and presented to the Governor at 4:30 p.m.

Sep 13, 2017

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 15 pursuant to Assembly Rule 77.

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 22. Page 3340.).

Assembly

Assembly Rule 77(a) suspended. (Ayes 54. Noes 25. Page 3255.)

Sep 12, 2017

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 10. Page 2757.).

Sep 11, 2017

Senate

Read second time. Ordered to third reading.

Sep 08, 2017

Senate

Read third time and amended. Ordered to second reading.

Sep 05, 2017

Senate

Read second time. Ordered to third reading.

Sep 01, 2017

Senate

From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1).

Senate

Read second time and amended. Ordered returned to second reading.

Aug 21, 2017

Senate

In committee: Referred to APPR. suspense file.

  • Referral-Committee
APPR. suspense file. APPR

Jul 18, 2017

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-2
  • Referral-Committee
  • Reading-1
Com. on APPR.

Jul 17, 2017

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 11).

Jun 28, 2017

Senate

From committee: Do pass and re-refer to Com. on JUD. (Ayes 3. Noes 1.) (June 28). Re-referred to Com. on JUD.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on JUD.

Jun 21, 2017

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.

  • Amendment-Passage
  • Referral-Committee
  • Reading-2
  • Reading-1
  • Amendment-Introduction
Com. on L. & I.R.

Jun 14, 2017

Senate

Referred to Coms. on L. & I.R. and JUD.

  • Referral-Committee
Coms. on L. & I.R. and JUD.

Jun 01, 2017

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 31, 2017

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 24. Page 1999.)

May 30, 2017

Assembly

Read second time. Ordered to third reading.

Assembly

Assembly Rule 63 suspended. (Ayes 52. Noes 24. Page 1776.)

Assembly

Read second time and amended. Ordered returned to second reading.

May 26, 2017

Assembly

From committee: Amend, and do pass as amended. (Ayes 10. Noes 6.) (May 26).

May 17, 2017

Assembly

In committee: Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR. suspense file. APPR

May 01, 2017

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Apr 27, 2017

Assembly

Read second time and amended.

Apr 26, 2017

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 25).

Apr 20, 2017

Assembly

From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 19). Re-referred to Com. on JUD.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on JUD.

Apr 17, 2017

Assembly

Coauthors revised.

Mar 28, 2017

Assembly

Coauthors revised.

Mar 27, 2017

Assembly

Re-referred to Com. on L. & E.

  • Referral-Committee
Com. on L. & E.

Mar 23, 2017

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

Assembly

Referred to Coms. on L. & E. and JUD.

  • Referral-Committee
Coms. on L. & E. and JUD.

Feb 14, 2017

Assembly

From printer. May be heard in committee March 16.

Feb 13, 2017

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB450 HTML
02/13/17 - Introduced PDF
03/23/17 - Amended Assembly PDF
04/27/17 - Amended Assembly PDF
05/30/17 - Amended Assembly PDF
06/21/17 - Amended Senate PDF
07/18/17 - Amended Senate PDF
09/01/17 - Amended Senate PDF
09/08/17 - Amended Senate PDF
09/15/17 - Enrolled PDF
10/05/17 - Chaptered PDF

Related Documents

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Sources

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