BILL ANALYSIS                                                                                                                                                                                                    






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          |SENATE RULES COMMITTEE            |                        SB 432|
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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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          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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