BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 432|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 432
Author: Mendoza (D)
Amended: 4/27/15
Vote: 21
SENATE LABOR & IND. REL. COMMITTEE: 5-0, 4/8/15
AYES: Mendoza, Stone, Jackson, Leno, Mitchell
SUBJECT: Public works: aliens
SOURCE: Author
DIGEST: This bill deletes the definition of alien from the
Labor Code to describe any person who is not a born or fully
naturalized citizen of the United States. This bill also
deletes a prescribed order for the issuance of employment under
public works contracts in the limited instance of extraordinary
unemployment, as specified.
Senate Floor Amendments of 4/27/15 repeal a section of the Labor
Code that prescribes an order for the issuance of unemployment
under public works contracts in the limited instance of
extraordinary unemployment, as specified.
ANALYSIS:
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Page 2
Existing federal law:
1)States that it is illegal for a person or other entity to
"knowingly" hire, recruit, or refer for employment an
unauthorized individual or any individual without complying
with specified employment verification procedures.
2)Requires employers to verify that every new hire is either a
U.S. citizen or authorized to work in the U.S.
3)Requires that all employers have new employees complete form
I-9, Employment Eligibility Verification, upon hire.
Existing state law:
1)States that 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 have been employed in the state. In addition, for purposes
of enforcing state labor and employment laws, a person's
immigration status is irrelevant to the issue of liability or
in proceedings, where no inquiry is permitted into a person's
immigration status except where the person seeking the inquiry
has shown, by clear and convincing evidence, that the inquiry
is necessary in order to comply with federal immigration law.
(Labor Code § 1171.5; Civil Code § 3339; Health and Safety
Code § 24000; Government Code § 7285)
2)Prohibits an employer from engaging in (or directing another
person or entity to engage in) unfair immigration-related
practices against any person for the purpose of, or with the
intent of, retaliating against any person for exercising any
right protected under Labor Code or by any local ordinance
applicable to employees. "Unfair immigration-related
practice" means any of the following practices when undertaken
for retaliatory purposes (Labor Code § 1019):
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a) Requesting more or different employment verification
documents than are required under law, or refusing to honor
documents that on their face reasonably appear to be
genuine.
b) Using the federal E-Verify system to check the
employment authorization status of a person at a time or in
a manner not required under federal law, or not authorized
under any memorandum of understanding governing the use of
the federal E-Verify system.
c) Threatening to file or the filing of a false police
report, or a false report or complaint with any state or
federal agency.
d) Threatening to contact or contacting immigration
authorities.
This bill:
1)Deletes the definition of "alien" from the Labor Code to
describe any person who is not a born or fully naturalized
citizen of the U.S.
2)Deletes a code section which specifies that under a period of
extraordinary unemployment caused by an industrial depression,
the preference of employment in public works projects shall be
extended as follows: first, to citizens of this State;
second, to citizens of other States within the U.S., who are
within the State at the time of making application; and third,
to aliens who are within the State at the time of application.
Background
In 1937, the Legislature enacted various provisions regarding
the employment of "aliens," who are defined as any person who is
not a born or fully naturalized citizen of the U.S. The
Legislature repealed most of these Labor Code statutes in 1970.
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The definition for "alien" was not repealed and is still found
in the Labor Code. Under current law, all employment
protections, rights, and remedies available under state law,
except as prohibited by federal law, are available to all
individuals regardless of immigration status. Over the last few
years, several bills have been passed and signed into law which
has strengthened labor law protections for immigrant workers.
This bill continues these efforts by repealing from the Labor
Code the term "alien" as a definition for an immigrant
individual.
This bill also strikes from the Labor Code an outdated
requirement that prescribes an order for the issuance of
employment under public works contracts first to citizens of the
U.S., second to citizens of other States in the U.S., and third
to aliens.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified4/28/15)
California Applicants' Attorneys Association
California Rural Legal Assistance Foundation
OPPOSITION: (Verified4/28/15)
None received
ARGUMENTS IN SUPPORT: According to the author, the U.S. is a
country of immigrants who not only form an integral part of our
culture and society, but are also critical contributors to our
economic success. Immigrants work and pay taxes as well as
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create new products, businesses, and technologies which generate
jobs for all Americans. According to the Bureau of Labor
Statistics (BLS), in 2013, there were 25.3 million foreign-born
persons in the U.S. labor force, comprising 16.3 percent of the
total (BLS, "Foreign-Born Workers: Labor Force Characteristics
in 2013"). The BLS also found that foreign-born workers were
more likely than native-born workers to be employed in service
occupations. Furthermore, the U.S. Department of Treasury notes
that immigrants own 10.8 percent of all firms with employees,
providing job opportunities for thousands of Americans.
Proponents argue that California is among the top destination
states for immigrants in the U.S. and given the abundant
evidence of their many contributions, the author believes it is
imperative that any derogative references to foreign-born
individuals be repealed from state law. Further, proponents
argue that the word "alien," and any statutes prescribing an
order for the issuance of employment to "aliens," has no place
in the laws of our state and more importantly, should never be
the basis of an employment hiring protocol.
Prepared by:Alma Perez / L. & I.R. / (916) 651-1556
4/29/15 16:07:41
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