BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                       AB 622


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          ASSEMBLY THIRD READING


          AB  
          622 (Roger HernŠndez)


          As Amended  April 27, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                  |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Labor           |6-1   |Roger HernŠndez,    |Harper                |
          |                |      |Chu, Low, McCarty,  |                      |
          |                |      |Patterson, Thurmond |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Appropriations  |12-5  |Gomez, Bloom,       |Bigelow, Chang,       |
          |                |      |Bonta, Calderon,    |Gallagher, Jones,     |
          |                |      |Daly, Eggman,       |Wagner                |
          |                |      |Eduardo Garcia,     |                      |
          |                |      |Holden, Quirk,      |                      |
          |                |      |Rendon, Weber, Wood |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
           ------------------------------------------------------------------- 


          SUMMARY:  Enacts provisions of law related to the use of the  
          federal electronic employment verification system known as  
          E-Verify.  Specifically, this bill:  










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          1)Prohibits 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  
            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 specified federal law or not authorized under any  
            memorandum of understanding governing the use of a federal  
            electronic employment verification system.


          2)Specifies that nothing in this bill shall 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.


          3)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 shall comply with the required  
            employee notification procedures under any memorandum of  
            understanding governing the use of the federal E-Verify system.


          4)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.


          5)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.










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          6)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. 


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill will result in minor and absorbable costs to  
          the Department of Industrial Relations.


          COMMENTS:  According to the author, this bill limits the misuse of  
          E-Verify by prohibiting unscrupulous employers from engaging in  
          unjust E-Verify practices against workers (consistent with federal  
          law) and creates financial civil penalties for employers who  
          maliciously use E-Verify against their workforce.


          This bill is co-sponsored by the Mexican American Legal Defense  
          and Educational Fund (MALDEF) and the California Immigrant Policy  
          Center.  They argue that this bill will strengthen California's  
          protections for all workers by limiting misuse of the E-Verify  
          program and creating penalties for abuse.  The sponsors state that  
          this bill would codify and clarify existing federal policy by  
          prohibiting employers from engaging in potentially discriminatory  
          E-Verify practices, clarifying the notification process for  
          businesses and workers, and creating financial civil penalties for  
          employer abuse.


          The California Bus Association opposes this bill and argues that  
          the federal government requires verification of citizenship or  
          naturalization for purposes of employment, and that many of their  
          members use E-Verify to comply with this requirement.  They argue  
          that this bill would hinder them from complying with federal law.


          Analysis Prepared by:                                               
          Ben Ebbink / L. & E. / (916) 319-2091  FN: 0000370








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