Bill Text: CA AB2827 | 2017-2018 | Regular Session | Amended
Bill Title: Employment regulation: immigration enforcement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-04-18 - In committee: Set, first hearing. Held without recommendation. [AB2827 Detail]
Download: California-2017-AB2827-Amended.html
Amended
IN
Assembly
March 22, 2018 |
Assembly Bill | No. 2827 |
Introduced by Assembly Member Travis Allen |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would state the intent of the Legislature to enact legislation that would protect a private citizen who chooses to uphold federal statute within the context of these provisions of existing law and would make a finding and declaration about the importance of protecting California citizens and businesses from prosecution for following federal law.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 7285.1 of the Government Code is amended to read:7285.1.
(a) Except as otherwise required by federal law, an employer, or a person acting on behalf of the employer,(b)An employer who violates subdivision (a) shall be subject to a civil penalty of two thousand dollars ($2,000) up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000) up to ten thousand dollars ($10,000) for each subsequent violation. If a court finds that an immigration enforcement agent was permitted to enter a nonpublic area of a place of labor without the consent of the employer or other person in control of the place of labor, the civil penalty shall not apply. “Violation” means each incident when it is found that subdivision (a) was violated without reference to the number of employees, the number of immigration enforcement agents involved in the incident, or the number of locations affected in a day.
(c)
(d)
(e)
SEC. 2.
Section 7285.2 of the Government Code is amended to read:7285.2.
(a) (1) Except as otherwise required by federal law, and except as provided in paragraph (2), an employer, or a person acting on behalf of the employer,(2)
(b)An employer who violates subdivision (a) shall be subject to a civil penalty of two thousand dollars ($2,000) up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000)
up to
ten thousand dollars ($10,000) for each subsequent violation. If a court finds that an immigration enforcement agent was permitted to access, review, or obtain the employer’s employee records without the consent of the employer or other person in control of the place of labor, the civil penalty shall not apply. “Violation” means each incident when it is found that subdivision (a) was violated without reference to the number of employees, the number of immigration enforcement agents involved in the incident, or the number of employee records accessed, reviewed, or obtained.
(c)
(d)
SEC. 3.
Section 90.2 of the Labor Code is amended to read:90.2.
(a) (1) Except as otherwise required by federal law, an employer shall provide a notice to each current employee, by posting in the language the employer normally uses to communicate employment-related information to the employee, of any inspections of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency within 72 hours of receiving notice of the inspection. Written notice shall also be given within 72 hours to the employee’s authorized representative, if any. The posted notice shall contain the following information:(c)An employer who fails to provide the notices required by this section shall be subject to a civil penalty of two thousand dollars ($2,000)
up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000)
up to ten thousand dollars ($10,000) for each subsequent violation. This section does not require a penalty to be imposed upon an employer or person who fails to provide notice to an employee at the express and specific direction or request of the federal government. The penalty shall be recoverable by the Labor Commissioner.
(d)
(e)
(f)
SEC. 4.
Section 1019.2 of the Labor Code is amended to read:1019.2.
(a) Except as otherwise required by federal law, a public or private employer, or a person acting on behalf of a public or private employer,(b)(1)Except as provided in paragraph (2), an employer who violates subdivision (a) shall be subject to a civil
penalty of up to ten thousand dollars ($10,000). The penalty shall be recoverable by the Labor Commissioner.
(2)The actions of an employer that violate subdivision (a) and result in a civil penalty under paragraph (1) shall not also form the basis for liability or penalty under Section 1019.1.
(c)
(a)The Legislature finds and declares it is important to protect California citizens and businesses from prosecution for following federal law.
(b)It is the intent of the Legislature to enact legislation that would protect a private citizen who chooses to uphold federal statute within the context of Sections 7285.1, 7285.2, and 7285.3 of the Government Code and Sections 90.2 and 1019.2 of the Labor Code.