Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.
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INTRODUCED BY Assembly Member Fong
FEBRUARY 27, 2009
An act to add Article 2.5 (commencing with Section 2811) to
Chapter 2 of Division 3 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1288, as introduced, Fong. Employment: hiring practices:
electronic employment verification.
The E-Verify Program of the United States Department of Homeland
Security, in partnership with the United States Social Security
Administration, enables participating employers to use the program,
on a voluntary basis, to verify that the employees they hire are
authorized to work in the United States.
The bill would prohibit the state, or a city, county, city and
county, or special district, from requiring an employer other than
one of those government entities to use an electronic employment
verification system.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares both of the
following:
(a) Federal law establishes an electronic employment verification
system originally known as the Basic Pilot Program (enacted by
Section 404 of Public Law 104-208), but more commonly known as the
E-Verify Program, as an experimental and temporary system available
to employers on a voluntary basis.
(b) Therefore, it is the intent of the Legislature that the state
maintains the intent of federal law by ensuring that private
employers retain the ability to choose whether to participate in the
electronic verification program.
SEC. 2. Article 2.5 (commencing with Section 2811) is added to
Chapter 2 of Division 3 of the Labor Code, to read:
Article 2.5. Electronic Employment Verification Systems
2811. Neither the state nor a city, county, city and county, or
special district shall require an employer to use an electronic
employment verification system, including under the following
circumstances:
(a) As a condition of receiving a government contract.
(b) As a condition of applying for or maintaining a business
license.
(c) As a penalty for violating licensing or other similar laws.
2812. For purposes of this article, the following terms have the
following meanings:
(a) "Electronic employment verification system" means an
employment verification system that allows employers to
electronically verify workers' employment authorization with the
federal government. This includes the Basic Pilot Program, enacted by
Section 404 of Public Law 104-208, renamed in 2007 as the E-Verify
Program, and other pilot programs for electronic employment
eligibility confirmation. The term "electronic employment
verification system" does not include the I-9 Employment Eligibility
Verification form or any other employment eligibility systems that
are required by federal law.
(b) "Employer" means an employer other than the state, or a city,
county, city and county, or special district.
