Taxation: undocumented immigrants.
Summary
Existing law creates within state government the Department of Justice. Existing law provides that the department is under the direction and control of the Attorney General. Existing law requires the Franchise Tax Board to, among other things, administer personal and corporation income tax laws and certain other nontax programs, including the collection of specified delinquent debt. This bill would, until January 1, 2020, establish a program that would require the Department of Justice, until January 1, 2018, to report to the Franchise Tax Board information on a qualified person, defined as, among others, a person who is not eligible to receive a social security number, but who has filed a state income tax return with a valid individual taxpayer identification number. The bill would require the Franchise Tax Board to submit an annual report to the Legislature, until January 1, 2019, that details the tax receipts collected from qualified persons who participate in the program. The bill would provide that information collected under the program is confidential and not subject to public disclosure under the California Public Records Act, except for purposes authorized under the act. The bill would require the destruction of all records collected under the act, as specified. The California Constitution provides that the powers of state government are legislative, executive, and judicial. Existing law requires that the Governor see that the law is faithfully executed. Existing law provides that the Governor is the sole official organ of communication between the state and the government of any other state or of the United States. Existing federal law regulates immigration. This bill would require the Governor to request that the President of the United States direct the Department of Homeland Security, the United States Immigration and Customs Enforcement (ICE) , and other relevant federal agencies to not expend resources during the term of the program to apprehend, detain, or remove any qualified person participating in the program, or to prosecute any individual employing a qualified person.
Bill status
passed both
4 of 5 stages cleared
Introduction
Feb 2011
Committee Review
Aug 2012
Senate Passage
Aug 2012
Assembly Passage
Aug 2012
Governor
Introduced Feb 18, 2011
Last action Aug 31, 2012
Floor votes · Senate Jan 23, 2012 · Assembly Aug 31, 2012
How they voted
27–0
Passed · 4 other
Total votes 31
Jan 23, 2012
D
Democratic20
95% Yea
R
Republican11
72% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
41
Key actions
7
Committee
13
Amendments
2
Aug 31, 2012
Assembly · Passed
Assembly Vote: pass (39-28-3)
assembly
Aug 31, 2012
Upper · Passed
From committee: That the Assembly amendments be concurred in. (Ayes 4. Noes 2. Page 5131.)
upper
Aug 31, 2012
Committee
From committee: Be re-referred to Com. on PUB. S. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0. Page 5082.) Re-referred to Com. on PUB. S.
upper
Aug 31, 2012
Committee
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.
upper
Aug 31, 2012
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 28, 2012
Lower · Passed
From committee: Do pass as amended. (Ayes 7. Noes 2.) (August 28).
lower
Aug 24, 2012
Committee
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (August 24). Re-referred to Com. on JUD.
lower
Aug 22, 2012
Committee
Re-referred to Coms. on REV. & TAX. and JUD. pursuant to Assembly Rule 77.2.
lower
Aug 9, 2012
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 8).
lower
Jun 12, 2012
Committee
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0.) (June 11). Re-referred to Com. on APPR.
lower
Apr 16, 2012
Committee
Referred to Com. on TRANS.
lower
Jan 23, 2012
Senate · Passed
Senate Vote: pass (27-0-4)
senate
Jan 17, 2012
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Jan 11, 2012
Committee
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0. Page 2639.) (January 11). Re-referred to Com. on APPR.
upper
Jan 10, 2012
Committee
From committee: Do pass and re-refer to Com. on E.Q. (Ayes 8. Noes 0. Page 2641.) (January 10). Re-referred to Com. on E.Q.
upper
Apr 7, 2011
Upper · Passed
Hearing postponed by committee.
upper
Mar 10, 2011
Committee
Referred to Coms. on T. & H. and E.Q.
upper
Feb 18, 2011
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Darrell Steinberg
DDemocratic
Co
Alex Padilla
DDemocratic
Co
FF
Felipe Fuentes
DDemocratic
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