AB 35, as amended, Roger Hernández. Deferred action for childhood arrivals.
(1) Under existing federal law, the Secretary of the Department of Homeland Security has issued a directive allowing certain undocumented individuals who meet several key criteria for relief from removal from the United States or from entering into removal proceedings to be eligible to receive deferred action for a period of 2 years, subject to renewal, and who will be eligible to apply for work authorization.
Existing law provides for the regulation of immigration consultants by the Department of Consumer Affairs, the licensure and regulation of attorneys by the State Bar of California, and the commission of notaries public by the Secretary of State. A violation of certain of these provisions is a crime.
This bill would provide that immigration consultants, attorneys, and notaries public shall be the only individuals authorized to charge clients or prospective clients a fee for providing services associated with filing an application under the deferred action program. The bill also would prohibit immigration consultants, attorneys, and notaries public from participating in practices that amount to price gouging, as defined, when a client or prospective client solicits these services. By expanding the definition of a crime, this bill would impose a state-mandated local program.
(2) Commencing January 1, 2013, state law provides that any federal document demonstrating favorable action by the federal government for acceptance of a person into this deferred action program shall satisfy specified requirements for the purposes of being authorized to receive an original driver’s license from the Department of Motor Vehicles, as described.
This bill would provide that these provisions also apply for the purposes of being authorized to receive a California identification cards.
(3) Existing law provides forbegin delete various public benefits, including, but not limited to, public social services such as CalWORKs, Medi-Cal, and CalFresh. Existing law provides that funds are continuously appropriated from the General Fund for the state’s share of certain public social services programs, such as CalWORKs. Existing law also provides forend delete unemployment compensation benefits to eligible persons who are unemployed through no fault of their own.
This bill would, to the extent permitted by federal law and contingent on the appropriation of funds, provide that a person who has received a notice of decision from the federal government granting deferred action under the deferred action program shall be eligible forbegin delete public benefits, including, but limited to, state-administered medical assistance andend delete
unemployment compensation benefitsbegin delete, to the same extent that a legal resident of California is eligible for those benefits. By increasing county duties by expanding eligibility for certain public social services, the bill would impose a state-mandated local programend delete.
(3) 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.
end deleteThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end deleteWith regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
end delete(4) 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 22449 is added to the Business and
2Professions Code, to read:
(a) Immigration consultants, attorneys, and notaries
4public shall be the only individuals authorized to charge clients or
5prospective clients fees for providing consultations, legal advice,
6or notary public services, respectively, associated with filing an
7application under the deferred action for childhood arrivals program
8announced by the United States Secretary of the Department of
9Homeland Security on June 15, 2012.
10(b) (1) Immigration consultants, attorneys, and notaries public
11shall be prohibited from participating in practices that amount to
12price gouging when a client or prospective client solicits services
13associated with filing an application for deferred action for
14childhood arrivals as described in subdivision
(a).
15(2) For the purposes of this section, “price gouging” means any
16practice that has the effect of pressuring the client or prospective
17client to purchase services immediately because purchasing them
18at a later time will result in the client or prospective client paying
19a higher price for the same services.
20(c) (1) In addition to the civil and criminal penalties described
21in Section 22445, a violation of this section by an attorney shall
22be cause for discipline by the State Bar pursuant to Chapter 4
23(commencing with Section 6000) of Division 3.
24(2) In addition to the civil and criminal penalties described in
25Section 22445, a violation of this section by a notary public shall
26be cause for the revocation or suspension of his or her commission
27as a notary public by the Secretary of State and the
application of
28any other applicable penalties pursuant to Chapter 3 (commencing
29with Section 8200) of Division 1 of Title 2 of the Government
30Code.
begin insertSection 1251.5 is added to the end insertbegin insertUnemployment
2Insurance Codeend insertbegin insert, to read:end insert
(a) Notwithstanding any other law, a person who has
4received a notice of decision from the federal government granting
5deferred action under the deferred action for childhood arrivals
6program announced by the United States Secretary of the
7Department of Homeland Security on June 15, 2012, shall be
8eligible for unemployment compensation benefits as provided in
9this article.
10(b) Eligibility for benefits under subdivision (a) shall be
11contingent on receipt of employment authorization from the federal
12government.
Section 12801.6 of the Vehicle Code is amended to
15read:
(a) Any federal document demonstrating favorable
17action by the federal government for acceptance of a person into
18the deferred action for childhood arrivals program shall satisfy the
19requirements of Section 12801.5.
20(b) The department may issue an original driver’s license or
21California identification card to the person who submits proof of
22presence in the United States as authorized under federal law
23pursuant to subdivision (a) and either a social security account
24number or ineligibility for a social security account number.
Section 10001.7 is added to the Welfare and
26Institutions Code, to read:
(a) Notwithstanding any other law, a person who has
28received a notice of decision from the federal government granting
29deferred action under the deferred action for childhood arrivals
30program announced by the United States Secretary of the
31Department of Homeland Security on June 15, 2012, shall be
32eligible for public benefits, including, but not limited to,
33state-administered medical assistance and unemployment
34compensation benefits, to the same extent that a legal resident of
35California is eligible for those benefits.
36(b) Except for unemployment compensation benefits, eligibility
37for benefits under subdivision (a) shall not be contingent on receipt
38of employment authorization from the federal government.
P5 1(c) This section shall be implemented only to the extent
2permitted by federal law, including, but not limited to, Section
31621(d) of Title 8 of the United States Code.
4(d) This section shall be implemented only if, and to the extent
5that, funds are appropriated by the Legislature for purposes of this
6section in the annual Budget Act or in another statute.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution for certain
9costs that may be incurred by a local agency or school district
10because, in that regard, this act creates a new crime or infraction,
11eliminates a crime or infraction, or changes the penalty for a crime
12or infraction, within the meaning of Section 17556 of the
13Government Code, or changes the definition of a crime within the
14meaning of Section 6 of Article XIII B of the California
15Constitution.
16However, if the Commission on State Mandates determines that
17this act contains other costs
mandated by the state, reimbursement
18to local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.
No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.
CORRECTIONS:
Digest--Page 1.
Digest--Vote key line.
Text--Page 4.
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Corrected 4-5-13—See last page. 98