BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2751
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 2751 (Roger Hernández)
          As Amended  March 28, 2014
          Majority vote 

           LABOR & EMPLOYMENT     5-1                                      
           
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          |Ayes:|Roger Hernández, Alejo,   |     |                          |
          |     |Chau, Holden,             |     |                          |
          |     |Ridley-Thomas             |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Grove                     |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Makes clean-up changes to provisions of existing law  
          enacted last year related to unfair immigration-related  
          practices.  Specifically,  this bill  :

          1)Includes in the definition of "unfair immigration-related  
            practice" the threatening to file or the filing of a false  
            report or complaint with any state or federal agency, when  
            undertaken for specified retaliatory purposes.

          2)Makes other technical and clarifying changes to existing law.

           FISCAL EFFECT  :  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.

           COMMENTS  :  AB 263 (Roger Hernández), Chapter 732, Statutes of  
          2013, prohibits an employer or any other person from engaging  
          in, or directing another person to engage in, an unfair  
          immigration-related practice against a person for the purpose  
          of, or with the intent of, retaliating against any person for  
          exercising a right protected under state labor and employment  
          laws or under a local ordinance applicable to employees, as  
          specified.  Existing law defines unfair immigration-related  
          practice to include, among other things, threatening to file or  
          filing a false police report.  Existing law also authorizes a  
          court to order the appropriate government agencies to suspend  
          certain business licenses held by the violating party for  
          prescribed periods based on the number of violations, and  
          requires the court to consider specified circumstances in  








                                                                  AB 2751
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          determining whether a suspension of all licenses is appropriate.

          This bill makes a number of clean-up changes to the provisions  
          of law enacted last year.

          First, this bill includes in the definition of "unfair  
          immigration-related practice" the threatening to file or the  
          filing of a false report or complaint with any state or federal  
          agency.  In addition, this bill makes other technical and  
          clarifying changes to existing law that have been identified by  
          the Legislative Counsel to clarify and streamline the provisions  
          of the law.

          In addition, the sponsors of AB 263 are currently engaged in  
          discussions with the California Chamber of Commerce and others  
          regarding other non-controversial changes to the law which will  
          clarify the intent of the legislation.  This bill will also  
          serve as a potential vehicle for the enactment of those  
          clarifications.

           
          Analysis Prepared by  :    Ben Ebbink / L. & E. / (916) 319-2091  
          FN: 0003357