BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1544
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          ASSEMBLY THIRD READING
          AB 1544 (V. Manuel Pérez and Alejo) 
          As Amended  May 30, 2012
          Majority vote 

           LABOR & EMPLOYMENT     4-1      APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |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    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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)Specifies that, in order to be eligible for a work permit, the 
            undocumented person must be 18 years of age or older, live in 








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            California, and satisfy specified work or earnings history.

          6)Specifies that the undocumented person must submit to a 
            fingerprinted criminal history background check and has never 
            been convicted of a felony.

          7)Specifies that the undocumented person must submit evidence of 
            ongoing efforts to become proficient in the English language.

          8)Requires EDD to issue permits authorizing an undocumented 
            person who is an immediate family member of a person to whom 
            the department issued a permit and who meets specified 
            criteria to reside in California.

          9)Specifies that, in order to be eligible for a residence 
            permit, an immediate family member must submit to a 
            fingerprinted criminal history background check and has never 
            been convicted of a felony.

          10)Specifies that specified agencies shall not use the 
            information provided by applicants for any purpose other than 
            to make a determination related to an applicant.

          11)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.

          12)States the intent of the Legislature that the federal 
            government authorize an undocumented worker or immediate 
            family member to be allowed to travel to his or her country of 
            origin for no more than 30 days each year (or up to 45 days 
            each year if because of an emergency or other circumstances, 
            as specified).

          13)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.

          14)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.








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          15)Provides that a permit issued pursuant to this bill shall not 
            limit an employee to a single employer or occupation.

          16)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.

          17)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.

          18)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.

          19)Provides that this bill shall not be implemented unless EDD 
            receives the necessary authority, consistent with federal law, 
            to administer this program.

          20)States the intent of the Legislature that the executive and 
            legislative branches of the federal government give the 
            highest priority to enacting comprehensive immigration reform 
            legislation that would confer legal status to reside in the 
            United States to persons that participate in the program 
            created by the bill.

          21)Makes related legislative findings and declarations.

           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 








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          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.

          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 









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