A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Article XXXVI thereto, relating to undocumented immigrants.

Existing law creates within state government the Department of Justice, 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 measure would require the Franchise Tax Board, for each year from 2014 through 2018, to annually submit to the Legislature a report that details the tax receipts collected during the immediately preceding taxable year from qualified persons. The measure would define a qualified person 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 measure would provide that a qualified person voluntarily participates in the reporting program pursuant to an application process to be administered by the Department of Justice. The measure would provide that information collected under the program is confidential and not subject to public disclosure, except for purposes authorized under this measure. The measure would require the destruction of all records collected under this measure, as provided. The measure would provide that its provisions become inoperative on January 1, 2020. 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 provisions of federal law regulate immigration. This measure would require the Governor to request that the President of the United States to, among other things, direct the Department of Homeland Security, United States Immigration and Customs Enforcement (ICE) , and other relevant federal agencies, to not expend money or 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.