Bill Text: CA AB1356 | 2017-2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Higher Education Assistance Fund: personal income taxes: additional tax.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1356 Detail]

Download: California-2017-AB1356-Introduced.html

---

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1356

---

Introduced by Assembly Member Eggman

February 17, 2017

---

An act to amend Section 7285 of the Government Code, relating to immigration.

LEGISLATIVE COUNSEL'S DIGEST

AB 1356, as introduced, Eggman. Immigration: enforcement actions.

Existing law establishes protections, rights, and remedies for persons who have applied for employment, or are employed, in this state. Existing law also makes a legislative finding that all protections, rights, and remedies available under state law, except as prohibited by federal law, are available to all individuals, regardless of immigration status, who have applied for employment or who are or who have been employed in this state. Existing law further makes a legislative finding that, for purposes of enforcing state labor, employment, civil rights, and employee housing laws, a person’s immigration status is irrelevant on the issue of liability and shall not be the subject of inquiry except as necessary to comply with federal law.

This bill would make nonsubstantive changes to those legislative findings.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 7285 of the Government Code is amended to read:

7285.

 The Legislature finds and declares the following:

(a) All of the 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 who have been employed, in this state.

(b) For the purposes of enforcing state labor, employment, civil rights, and employee housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person’s immigration status except where the person seeking to make the inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law.

(c) The provisions of this section are declaratory of existing law.

(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.