BILL ANALYSIS Ó
AB 1544
Page 1
ASSEMBLY THIRD READING
AB 1544 (V. Manuel Perez)
As Amended April 23, 2012
Majority vote
LABOR & EMPLOYMENT 4-1 APPROPRIATIONS 12-5
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|Ayes:|Swanson, Alejo, Allen, |Ayes:|Fuentes, Blumenfield, |
| |Yamada | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Ammiano, Hill, |
| | | |Lara, Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Morrell |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Enacts the California Agricultural Jobs and Industry
Stabilization Act of 2012. Specifically, this bill :
1)Defines "employee" to mean an agricultural employee and a
person employed to provide domestic services, janitorial or
building maintenance services, food preparation services, or
housekeeping services.
2)Defines "employer" to mean an agricultural employer and a
service industry employer.
3)Defines a "service industry employer" to mean a person who
employs 25 or more employees who provide domestic services,
janitorial or building maintenance services, food preparation
services, or housekeeping services.
4)Requires the Employment Development Department (EDD), upon
certification that there are not enough legal residents of
California to fill all open agricultural and service industry
jobs in California, to issue permits authorizing an
undocumented person who meets specified criteria to reside and
work as an employee in California.
5)Requires EDD to issue permits authorizing an undocumented
person who is an immediate family member of a person to whom
AB 1544
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the department issued a permit and who meets specified
criteria to reside in California.
6)States that it is the intent of the Legislature that these
requirements be interpreted and implemented in a manner that
recognizes and takes into account the difficulties encountered
by aliens in obtaining evidence of employment due to the
undocumented status of the alien.
7)Provides that, within 90 days of the implementation date of
this bill, an employer shall not employ an undocumented person
who does not have a permit issued pursuant to the provisions
above.
8)Provides that an employee permitted to work in this state
pursuant to this bill is entitled to all the same wage and
hour and working conditions protections under existing law
provided to an employee who is a legal resident of California.
9)Provides that a permit issued pursuant to this bill shall not
limit an employee to a single employer or occupation.
10)Requires EDD, beginning the third year after it makes the
certification required above, in conjunction with the
Legislative Analyst's Office, to annually publish a report
analyzing whether this program has caused the displacement of
employable legal residents of California in the agricultural
and service industries.
11)Provides that the program created pursuant to this bill is
not intended to confer legal status in a manner that would
restrict the enactment of superseding federal legislation that
seeks to alter that status.
12)Requires EDD, by May 1, 2013, to submit a formal request to
the federal government to receive the necessary authority to
administer the provisions of this bill.
13)Provides that this bill shall not be implemented unless EDD
receives the necessary authority, consistent with federal law,
to administer this program.
14)Makes related legislative findings and declarations.
AB 1544
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EXISTING FEDERAL LAW provides that a nonresident seeking
admission to the United States as an immediate relative of a
citizen of the United States or as a family sponsored immigrant
is inadmissible as a public charge, unless, among other methods,
a person petitioning for that person's admission has executed an
affidavit of support with respect to that person. The affidavit
of support requires that the sponsor pledge to take certain
actions to maintain and support the nonresident while he or she
resides in the United States.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will result in one-time costs to EDD likely
in excess of $20 million, and on-going costs of $7 million. In
addition, the Department of Justice estimates costs of between
$3 and $5 million to process fingerprint submissions.
COMMENTS : This bill enacts the California Agricultural Jobs and
Industry Stabilization Program. The author indicates the
following as his reasons for bringing forth this measure:
California agriculture, and to a lesser extent the service
industry in California, depends significantly on labor from
outside the state and nation for their economic success and
contributions to the state economy. Data confirms that
without access to this labor the economic results for
agriculture would be measurably reduced. Because of
California's precarious fiscal situation, it cannot sustain
any revenue deductions. Without this unauthorized
workforce the agriculture and service industries would
suffer irreparable economic damage and as a consequence so
would California's economy.
This legislation links the need of these vital economic
sectors in California with the phenomenal contributions
made by the unauthorized workforce by providing stability
to these workers and their immediate family members. It
establishes a state operated pilot program under the
auspices and with the permission of the federal government
that would issue federal/state permits for workers in these
two industries in California. These workers would be
allowed to work and remain legally in California until the
US Congress or President of the United States decides on a
course of action that determines the immigration status of
these workers.
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Opponents argue that state level immigration programs are
pre-empted by federal law. Not only would this program
jeopardize the rights of workers, but it would also give a false
sense of security to immigrant families desperate for real
reform. This program would do nothing to stop deportations or
raids on immigrants. The only ones who might be protected are
employers hiring undocumented workers, but the workers and their
families would still have to live in fear.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0003844