BILL NUMBER: AB 78	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mendoza

                        JANUARY 3, 2011

   An act to submit an advisory question to the voters relating to
immigration, calling an election, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 78, as introduced, Mendoza. Immigration: advisory election.
   This bill would, notwithstanding existing provisions of law
relating to elections, call an election for the purpose of placing
before the voters of the state an advisory question asking whether
the President and the Congress of the United States shall create a
pathway to citizenship for undocumented immigrants who have worked in
this country for at least 5 years, have no felony convictions, have
learned to speak English, and have paid all taxes for which they are
responsible. The bill would require the Secretary of State to
communicate the results of this election to the President and
consolidate this election with the statewide direct primary election
of June 5, 2012. By increasing the duties of local elections
officials for an election on the advisory question, the bill would
impose 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
    This bill would declare that it is to take effect immediately as
an act calling for an election.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Immigrants are a vibrant, productive, and vital part of
California's growing economy, diverse cultural fabric, and changing
demographics.
   (b) Immigrants and their children comprise nearly one-half of
California's population and live and work in all 58 counties, most
notably in the San Diego, Central Valley, Los Angeles, and greater
San Francisco Bay regions of the state.
   (c) Immigrants fuel California's economy through their labor and
entrepreneurship, comprising approximately one-third of California's
labor force and figuring prominently in key economic sectors such as
agriculture, construction, manufacturing, and services.
   (d) A national debate is raging across the United States focused
on how to fix our broken immigration system and this debate is
tearing at the very core of our founding values.
   (e) This national discussion demands an intelligent,
comprehensive, and balanced approach to immigration reform--one that
recognizes that Americans want neither open borders, nor closed
borders, but that they want the President and the Congress of the
United States to work together to enact legislation that rewards
work, reunites families, restores the rule of law, reinforces our
nation's security, respects the rights of United States-born and
immigrant workers, and redeems the "American Dream."
   (f) A bipartisan, comprehensive workable immigration reform
package must be based on respect for human rights; a path towards
permanent residency and citizenship; enforcement of border policies,
protecting the wages and working conditions of all workers, whether
United States-born or immigrant workers; reunification of families;
and the promotion of citizenship and civic participation.
  SEC. 2.  (a) Notwithstanding Section 9040 or 12000 of the Elections
Code or any other provision of law, an election is hereby called for
the purpose of placing before the voters of this state the following
advisory question:
   Shall the President and the Congress of the United States of
America create a pathway to citizenship for undocumented immigrants
who have worked in the United States for at least five years, have no
felony convictions, have learned to speak English, and have paid all
taxes for which they are responsible?
   (b) Upon certification of the election, the Secretary of State
shall communicate to President Barack Obama the results of the
election asking the question set forth in subdivision (a).
   (c) The provisions of the Elections Code that apply to the
preparation of ballot measures and ballot materials at a statewide
election shall apply to the measure submitted pursuant to this
section.
   (d) Notwithstanding Section 9040 of the Elections Code, the
Secretary of State shall consolidate the election provided for in
subdivision (a) with the statewide direct primary election to be held
on June 5, 2012.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
  SEC. 4.  This act calls an election within the meaning of Article
IV of the Constitution and shall go into immediate effect.