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AB-1913 Foreign labor contractors.(2017-2018)

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Date Published: 01/23/2018 09:00 PM

Revised  May 25, 2018


Assembly Bill
No. 1913

Introduced by Assembly Member Kalra
(Coauthor: Assembly Member Gonzalez Fletcher)

January 23, 2018

An act to repeal Section 9998 of the Business and Professions Code, relating to foreign labor contractors.


AB 1913, as introduced, Kalra. Foreign labor contractors.
Existing law requires the Labor Commissioner to enforce and administer a program to register and supervise foreign labor contractors who perform foreign labor contracting activities to recruit or solicit foreign workers. Existing law defines terms for its purposes, including defining “foreign worker” to mean any person seeking employment who is not a United States citizen or permanent resident but who is authorized by the federal government to work in the United States, including a person who engages in temporary nonagricultural labor pursuant to existing federal law. Existing law requires foreign labor contractors to register under the program, as prescribed, and imposes specific requirements relating to recruitment or solicitation for employment and to work contracts. Existing law authorizes the Labor Commissioner to adopt regulations or policies and procedures to implement these provisions. A violation of these provisions is a crime. Existing law limits the application of these provisions to nonagricultural workers, as defined.
Existing law provides that these provisions apply only to nonagricultural workers, as defined, and that they do not apply to a person licensed as a farm labor contractor, as defined, to any person exempt from specified licensing requirements, or to an employer employing agricultural workers, as defined.
This bill would delete those limitations. By expanding the application of the foreign labor contractor provisions, this bill would expand an existing crime, thereby imposing a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


 Section 9998 of the Business and Professions Code is repealed.

This chapter shall apply only to “nonagricultural workers” as defined by Section 1101(a)(15)(H)(ii)(b) of Title 8 of the federal Immigration and Nationality Act. It shall not apply to any person duly licensed as a “farm labor contractor” as that term is defined in Section 1682 of the Labor Code nor shall it apply to any person exempt from the licensing requirement in Section 1682.5 of the Labor Code or to any employer employing agricultural workers as defined by Section 1101(a)(15)(H)(ii)(a) of Title 8 of the federal Immigration and Nationality Act.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

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