BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                     AB 622


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          Date of Hearing:  May 13, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          622 (Roger HernŠndez) - As Amended April 27, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill expands the definition of unlawful employment practice  
          to prohibit an employer or other person, except as required by  
          federal law or as a condition of receiving federal funds, from  
          using the federal electronic employment verification system  








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          known as E-Verify to check the employment authorization status  
          of an existing employee or an applicant who has not been offered  
          employment. Specifically, this bill:


          1)Specifies that nothing in this bill is to be interpreted to  
            prohibit an employer from utilizing an employment verification  
            system in accordance with federal law to check the employment  
            authorization status of an individual who has been offered  
            employment.


          2)Provides that if the employer receives a tentative  
            nonconfirmation (or "no-match letter") issued by the Social  
            Security Administration or the United States Department of  
            Homeland Security, the employer is required to comply with the  
            required employee notification procedures under any memorandum  
            of understanding governing the use of the federal E-Verify  
            system.


          3)Requires the employer to furnish to the employee any specified  
            notification containing information specific to the employee's  
            E-Verify case or any tentative nonconfirmation notice  
            promptly, but not exceeding the timeframe provided in the  
            Referral Date Confirmation notice, which is generated by  
            E-Verify after an employee chooses to contest the tentative  
            nonconfirmation notice.


          4)Provides that, in addition to other remedies available, an  
            employer who violates this bill is liable for a civil penalty  
            not $10,000 for each unlawful use of the E-Verify system.


          5)States that this bill is intended to prevent discrimination in  
            employment rather than to sanction the potential hiring and  
            employment of employees who are not authorized for employment  
            under federal law. 








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          FISCAL EFFECT:


          Minor/absorbable costs to the Department of Industrial Relations  
          (DIR) Division of Labor Standards Enforcement to monitor  
          compliance and enforcement related to discriminatory use of the  
          E-Verify system.


          





          COMMENTS:


          1)Purpose. E-Verify is an Internet-based system that compares  
            information from an employee's Form I-9, Employment  
            Eligibility Verification, to data from U.S. Department of  
            Homeland Security and Social Security Administration records  
            to confirm employment eligibility. 


            Some critics of the program have argued that it has been  
            hindered by inaccurate and outdated information in the DHS and  
            SSA databases and misuse of the program by employers.  
            According to the author, each year, thousands of people may be  
            wrongly kept from working or even fired because of a federal  
            program known as E-Verify.  


            This bill is co-sponsored by the Mexican American Legal  
            Defense and Educational Fund (MALDEF) and the California  
            Immigrant Policy Center with the goal of strengthening  
            California's protections for all workers by limiting misuse of  








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            the E-Verify program and creating penalties for abuse.  


          2)Prior Legislation. 



             a)   AB 1236 (Fong), Chapter 691, Statutes of 2011 enacted  
               provisions of law that prohibit state and local entities  
               from requiring an employer, other than one of those  
               government entities, to use an electronic employment  
               verification system, including E-Verify, except when  
               required by federal law or as a condition of receiving  
               federal funds.



             b)   AB 263 (Roger HernŠndez), Chapter 732, Statutes of 2013  
               prohibited 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 the person for exercising specified rights.  The  
               law defines "unfair immigration-related practice" to  
               include using E-Verify to check the employment  
               authorization status at a time or in a manner not required  
               under federal law or authorized under a federal memorandum  
               of understanding.
          


          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081















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