BILL NUMBER: SB 1818	CHAPTERED
	BILL TEXT

	CHAPTER  1071
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2002
	PASSED THE SENATE  AUGUST 29, 2002
	PASSED THE ASSEMBLY  AUGUST 25, 2002
	AMENDED IN ASSEMBLY  AUGUST 22, 2002
	AMENDED IN ASSEMBLY  AUGUST 19, 2002
	AMENDED IN ASSEMBLY  JULY 3, 2002
	AMENDED IN SENATE  MAY 23, 2002
	AMENDED IN SENATE  MAY 21, 2002
	AMENDED IN SENATE  MAY 9, 2002

INTRODUCED BY   Senator Romero
   (Principal coauthors:  Assembly Members Chu, Koretz, and Negrete
McLeod)
   (Coauthors:  Senators Alarcon, Escutia, Kuehl, Perata, and Soto)
   (Coauthors:  Assembly Members Alquist, Aroner, Diaz, Firebaugh,
and Jackson)

                        FEBRUARY 22, 2002

   An act to add Section 3339 to the Civil Code, to add Chapter 17.3
(commencing with Section 7285) to Division 7 of Title 1 of the
Government Code, to add Chapter 1 (commencing with Section 24000) to
Division 20 of the Health and Safety Code, and to add  Section 1171.5
to the Labor Code, relating to employment laws.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1818, Romero.  Employment laws:  enforcement actions.
   Existing law provides protections, rights, and remedies to persons
who have applied for employment, or persons who are employed, in
this state pursuant to provisions in the Civil Code, the Government
Code, the Health and Safety Code, and the Labor Code.
   This bill would make a legislative finding and declaration that
all protections, rights, and remedies available under state law,
except as prohibited by federal law, are available to individuals
regardless of immigration status who have applied for employment, or
who are or who have been employed, in this state.  The bill would
further find and declare that for the purposes of enforcing state
labor, employment, civil rights, and employee housing laws, a person'
s immigration status is irrelevant to the issue of liability and no
inquiry shall be permitted into a person's immigration status except
when necessary to comply with federal immigration law.
   This bill would add similar provisions to the Civil Code, the
Government Code, the Labor Code, and the Health and Safety Code
relative to enforcement actions relating to the rights of employees.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3339 is added to the Civil Code, to read:
   3339.  The Legislature finds and declares the following:
   (a) All protections, rights, and remedies available under state
law, except any reinstatement remedy prohibited by federal law, are
available to all individuals regardless of immigration status who
have applied for employment, or who are or who have been employed, in
this state.
   (b) For purposes of enforcing state labor, employment, civil
rights, and employee housing laws, a person's immigration status is
irrelevant to the issue of liability, and in proceedings or discovery
undertaken to enforce those state laws no inquiry shall be permitted
into a person's immigration status except where the person seeking
to make this inquiry has shown by clear and convincing evidence that
this inquiry is necessary in order to comply with federal immigration
law.
   (c) The provisions of this section are declaratory of existing
law.
   (d) The provisions of this section are severable.  If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
  SEC. 2.  Chapter 17.3 (commencing with Section 7285) is added to
Division 7 of Title 1 of the Government Code, to read:

      CHAPTER 17.3.  ENFORCEMENT ACTIONS

   7285.  The Legislature finds and declares the following:
   (a) All protections, rights, and remedies available under state
law, except any reinstatement remedy prohibited by federal law, are
available to all individuals regardless of immigration status who
have applied for employment, or who are or who have been employed, in
this state.
   (b) For purposes of enforcing state labor, employment, civil
rights, and employee housing laws, a person's immigration status is
irrelevant to the issue of liability, and in proceedings or discovery
undertaken to enforce those state laws no inquiry shall be permitted
into a person's immigration status except where the person seeking
to make the inquiry has shown by clear and convincing evidence that
the inquiry is necessary in order to comply with federal immigration
law.
   (c) The provisions of this section are declaratory of existing
law.
   (d) The provisions of this section are severable.  If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
  SEC. 3.  Chapter 1 (commencing with Section 24000) is added to
Division 20 of the Health and Safety Code, to read:

      CHAPTER 1.  ENFORCEMENT ACTIONS

   24000.  The Legislature finds and declares the following:
   (a) All protections, rights, and remedies available under state
law, except any reinstatement remedy prohibited by federal law, are
available to all individuals regardless of immigration status who
have applied for employment, or who are or who have been employed, in
this state.
   (b) For purposes of enforcing state labor and employment laws, a
person's immigration status is irrelevant to the issue of liability,
and in proceedings or discovery undertaken to enforce those state
laws no inquiry shall be permitted into a person's immigration status
except where the person seeking to make this inquiry has shown by
clear and convincing evidence that the inquiry is necessary in order
to comply with federal immigration law.
   (c) The provisions of this section are declaratory of existing
law.
   (d) The provisions of this section are severable.  If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
  SEC. 4.  Section 1171.5 is added to the Labor Code, to read:
   1171.5.  The Legislature finds and declares the following:
   (a) All protections, rights, and remedies available under state
law, except any reinstatement remedy prohibited by federal law, are
available to all individuals regardless of immigration status who
have applied for employment, or who are or who have been employed, in
this state.
   (b) For purposes of enforcing state labor and employment laws, a
person's immigration status is irrelevant to the issue of liability,
and in proceedings or discovery undertaken to enforce those state
laws no inquiry shall be permitted into a person's immigration status
except where the person seeking to make this inquiry has shown by
clear and convincing evidence that the inquiry is necessary in order
to comply with federal immigration law.
   (c) The provisions of this section are declaratory of existing
law.
   (d) The provisions of this section are severable.  If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.