BILL ANALYSIS Ó AB 1544 Page 1 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 AB 1544 Page 2 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. AB 1544 Page 3 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 AB 1544 Page 4 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 AB 1544 Page 5 FN: 0004015