California 2017-2018 Regular Session Status: Enacted 3 D cosponsors

AB 450 — Employment regulation: immigration worksite enforcement actions.

Last action — Chaptered by Secretary of State - Chapter 492, Statutes of 2017.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 13, 2017. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law prohibits an employer or other person or entity from engaging in, or to directing another person or entity to engage in, unfair immigration-related practices against a person for exercising specified rights. Existing law defines unfair immigration-related practices for these purposes. Existing law grants the Labor Commissioner access to places of labor and authorizes the commissioner to conduct investigations and prosecute actions in relation to the prescribed duties of the office. Existing law creates the Labor Enforcement and Compliance Fund, moneys in which, upon appropriation by the Legislature, are available to support the Division of Labor Standards Enforcement. This bill would impose various requirements on public and private employers with regard to federal immigration agency immigration worksite enforcement actions. Except as otherwise required by federal law, the bill would prohibit an employer or other person acting on the employer's behalf from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant, except as specified. Except as required by federal law, the bill would prohibit an employer or other person acting on the employer's behalf from providing voluntary consent to an immigration enforcement agent to access, review, or obtain the employer's employee records without a subpoena or court order, subject to a specified exception. The bill would grant the Labor Commissioner or the Attorney General the exclusive authority to enforce these provisions and would require that any penalty recovered be deposited in the Labor Enforcement and Compliance Fund. The bill would prescribe penalties for failure to satisfy the prohibitions described above of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation, as defined. The bill would specify circumstances for which penalties do not apply. The bill, except as required by federal law, would require an employer to provide a current employee notice containing specified information, by posting in the language the employer normally uses to communicate employment information, of an inspection of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency within 72 hours of receiving the federal notice of inspection. The bill would require an employer, upon reasonable request, to provide an affected employee a copy of the notice of inspection of I-9 Employment Eligibility Verification forms. The bill would require the Labor Commissioner, by July 1, 2018, to create a template for these purposes and make it available, as specified. The bill would require an employer to provide to an affected current employee, and to the employee's authorized representative, if any, a copy of the written immigration agency notice that provides for the inspection results and written notice of the obligations of the employer and the affected employee arising from the action, as specified. The bill would define affected employee for these purposes. The bill would prescribe penalties for failure to provide the notices of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation, except as specified, to be collected by the Labor Commissioner. Except as required by federal law, the bill would prohibit an employer from reverifying the employment eligibility of a current employee at a time or in a manner not required by specified federal law. The bill would prescribe a penalty of up to $10,000 for a violation of this prohibition to be recoverable by the Labor Commissioner.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 492, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 22. Page 3340.).

  5. Assembly Rule 77(a) suspended. (Ayes 54. Noes 25. Page 3255.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 15 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 10. Page 2757.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered returned to second reading.

  12. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1).

  13. In committee: Referred to APPR. suspense file.

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 11).

  16. From committee: Do pass and re-refer to Com. on JUD. (Ayes 3. Noes 1.) (June 28). Re-referred to Com. on JUD.

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.

  18. Referred to Coms. on L. & I.R. and JUD.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 24. Page 1999.)

  21. Read second time. Ordered to third reading.

  22. Assembly Rule 63 suspended. (Ayes 52. Noes 24. Page 1776.)

  23. Read second time and amended. Ordered returned to second reading.

  24. From committee: Amend, and do pass as amended. (Ayes 10. Noes 6.) (May 26).

  25. In committee: Set, first hearing. Referred to APPR. suspense file.

  26. Re-referred to Com. on APPR.

  27. Read second time and amended.

  28. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (April 25).

  29. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 19). Re-referred to Com. on JUD.

  30. Coauthors revised.

  31. Coauthors revised.

  32. Re-referred to Com. on L. & E.

  33. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  34. Referred to Coms. on L. & E. and JUD.

  35. From printer. May be heard in committee March 16.

  36. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 115 not signed on · 11 voted No

Sponsors (1)

  • Chiu

Co-sponsors (6)

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 450 Chiu Concurrence in Senate Amendments

Passed 53 Yea · 22 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 381604
Democratic 15000
Republican 0600
Total 532204
% of votes cast 67%28%0%5%
How each member voted (79)
Member Party Vote
Acosta — Nay
Baker — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Harper — Nay
Maienschein — Not Voting
Mathis — Nay
O'Donnell — Yea
Obernolte — Nay
Thurmond — Yea
Weber — Yea
Cooper — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Gloria — Yea
Holden — Yea
Jones-Sawyer — Yea
Bocanegra — Yea
Levine — Yea
Rubio — Yea
Low — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Wood — Yea
Fong — Nay
Salas — Nay
Gray — Not Voting
Kiley — Not Voting
Mayes — Nay
Chávez — Nay
Melendez — Nay
Steinorth — Not Voting
Voepel — Nay
Waldron — Nay
Eggman — Yea
Cunningham — Nay
Dababneh — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB450 Chiu et al. By Lara

Passed 27 Yea · 10 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 231002
Democratic 4001
Total 271003
% of votes cast 68%25%0%8%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Leyva — Yea
Monning — Yea
Bates — Nay
Bradford — Yea
Cannella — Not Voting
Hernandez — Yea
Dodd — Yea
Hill — Yea
Lara — Yea
Portantino — Yea
Moorlach — Nay
Morrell — Nay
Newman — Yea
Nielsen — Nay
Pan — Yea
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Wilk — Not Voting
Mitchell — Yea
De León — Yea
Allen — Yea
Atkins — Yea
Hertzberg — Yea
Hueso — Yea
Mendoza — Yea
Skinner — Yea
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Beall — Yea
Hill — Yea
Nielsen — Nay
Lara — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Nielsen — Yea
Hill — Yea
Bates — Yea
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

immigration labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 450 do?
Existing law prohibits an employer or other person or entity from engaging in, or to directing another person or entity to engage in, unfair immigration-related practices against a person for exercising specified rights. Existing law defines unfair immigration-related practices for these purposes. Existing law grants the Labor Commissioner access to places of labor and authorizes the commissioner to conduct investigations and prosecute actions in relation to the prescribed duties of the office. Existing law creates the Labor Enforcement and Compliance Fund, moneys in which, upon appropriation by the Legislature, are available to support the Division of Labor Standards Enforcement. This bill would impose various requirements on public and private employers with regard to federal immigration agency immigration worksite enforcement actions. Except as otherwise required by federal law, the bill would prohibit an employer or other person acting on the employer's behalf from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant, except as specified. Except as required by federal law, the bill would prohibit an employer or other person acting on the employer's behalf from providing voluntary consent to an immigration enforcement agent to access, review, or obtain the employer's employee records without a subpoena or court order, subject to a specified exception. The bill would grant the Labor Commissioner or the Attorney General the exclusive authority to enforce these provisions and would require that any penalty recovered be deposited in the Labor Enforcement and Compliance Fund. The bill would prescribe penalties for failure to satisfy the prohibitions described above of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation, as defined. The bill would specify circumstances for which penalties do not apply. The bill, except as required by federal law, would require an employer to provide a current employee notice containing specified information, by posting in the language the employer normally uses to communicate employment information, of an inspection of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency within 72 hours of receiving the federal notice of inspection. The bill would require an employer, upon reasonable request, to provide an affected employee a copy of the notice of inspection of I-9 Employment Eligibility Verification forms. The bill would require the Labor Commissioner, by July 1, 2018, to create a template for these purposes and make it available, as specified. The bill would require an employer to provide to an affected current employee, and to the employee's authorized representative, if any, a copy of the written immigration agency notice that provides for the inspection results and written notice of the obligations of the employer and the affected employee arising from the action, as specified. The bill would define affected employee for these purposes. The bill would prescribe penalties for failure to provide the notices of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation, except as specified, to be collected by the Labor Commissioner. Except as required by federal law, the bill would prohibit an employer from reverifying the employment eligibility of a current employee at a time or in a manner not required by specified federal law. The bill would prescribe a penalty of up to $10,000 for a violation of this prohibition to be recoverable by the Labor Commissioner.
Who sponsors AB 450?
AB 450 is sponsored by Gonzalez Fletcher, Chiu, Santiago, Ting, Wiener, Scott D. (Democratic), Bonta, Mia (Democratic), and Garcia, Robert (Democratic).
What is the current status of AB 450?
This bill has been enacted into law. Introduced February 13, 2017. Enacted.
Where can I track AB 450?
Track AB 450 free on One Click Politics — get push/email alerts when it moves.

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