BILL NUMBER: AB 622	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 24, 2015

   An act  to add Section 2814 to the Labor Code,   relating
to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 622, as amended, Roger Hernández. Employment: E-Verify 
Program.   system: unlawful   business
practices. 
   The federal E-Verify  Program,   system,
 administered by the United States Citizenship and Immigration
Services, the United States Department of Homeland Security, and the
United States Social Security Administration, enables participating
employers to use the  program,   system, 
on a voluntary basis, to verify that the employees they hire are
authorized to work in the United States.
   Existing law prohibits the state, or a city, county, city and
county, or special district, from requiring an employer, other than
one of those government entities, to use an electronic employment
verification system, including  the E-Verify Program,
  E-Verify,  except when required by federal law or
as a condition of receiving federal funds. Existing law prohibits an
employer or any other person or entity from engaging in unfair
immigration-related practices, as defined, against any person for the
purpose of retaliating against  any   the 
person for exercising specified rights.
   This bill would  state the intent of the Legislature to
enact legislation that would prohibit employers or employment
agencies, except as required by federal law or as a condition of
receiving federal funds, from using the E-Verify Program for any
applicant for employment, and that would  expand the
definition of an unlawful employment practice to prohibit an employer
or  employment agency's use of any electronic employment
verification system on an applicant.   any other person
or entity from using the E-Verify system to check the employment
authorization status of an employee or applicant, as specified,
except as required by federal law or as a condition of receiving
federal funds. The bill would also require an employer that uses the
E-Verify system to provide to the affected employee any notification
issued by the Social Security Administration or the United States
Department of Homeland Security containing information specific to
the employee's E-Verify case or any tentative nonconfirmation notice.
The bill would provide for a civil penalty of $10,000 for an
employer for each violation of these provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 2814 is added to the  
Labor Code   , to read:  
   2814.  (a) Except as required by federal law, or as a condition of
receiving federal funds, it shall be unlawful for an employer, or
any other person or entity to use the federal electronic employment
verification system known as E-Verify to check the employment
authorization status of an employee or applicant at a time or in a
manner not required under subsection (b) of Section 1324a of Title 8
of the United States Code, or not authorized under any memorandum of
understanding governing the use of a federal electronic employment
verification system.
   (b) Upon using the federal E-Verify system to check the employment
authorization status of a person, if the employer receives a
tentative nonconfirmation issued by the Social Security
Administration or the United States Department of Homeland Security,
which indicates the information entered in E-Verify did not match
federal records, the employer shall comply with the required employee
notification procedures under any memorandum of understanding
governing the use of the federal E-Verify system. The employer shall
furnish to the employee any notification issued by the Social
Security Administration or the United States Department of Homeland
Security containing information specific to the employee's E-Verify
case or any tentative nonconfirmation notice within the timeframe
provided in the Referral Date Confirmation notice, which is generated
by E-Verify after an employee decides to contest the tentative
nonconfirmation notice.
   (c) In addition to other remedies available, an employer who
violates this section is liable for a civil penalty not to exceed ten
thousand dollars ($10,000) for each violation of this section. Each
unlawful use of the E-Verify system on an employee or applicant
constitutes a separate violation.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would prohibit employers or employment
agencies, except as required by federal law or as a condition of
receiving federal funds, from using the E-Verify Program for any
applicant for employment, and that would expand the definition of an
unlawful employment practice to prohibit an employer or employment
agency's use of any electronic employment verification system on an
applicant.