BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 35
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          Date of Hearing:   May 15, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 35 (Hernandez) - As Amended:  April 15, 2013 

          Policy Committee:                              JudiciaryVote:   
          9-0
                        Transportation                        13-2

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill provides specified consumer protections to immigrants  
          filing an application under the federal deferred action for  
          childhood arrivals program, and clarifies that these individuals  
          are eligible for DMV-issued state identification cards (IDs).  
          Specifically, this bill:

          1)Clarifies that immigration consultants, attorneys, and  
            notaries public are the only individuals authorized to charge  
            for providing consultations, legal advice, or notary public  
            services, respectively, associated with filing an application  
            under the deferred action for childhood arrivals program  
            announced by the US Department of Homeland Security in June  
            2012.

          2)Specifies that, in providing these services, the above are  
            prohibited from price gouging, defined as any practice having  
            the effect of pressuring the client or prospective client to  
            purchase services immediately because purchasing them at a  
            later time will result in paying a higher price for the same  
            services.

          3)Provides that in addition to existing civil and criminal  
            penalties, a violation of the above by an attorney shall be  
            cause for discipline by the State Bar, and a violation by a  
            notary public shall be cause for the revocation or suspension  
            by the Secretary of State.

          4)Clarifies that a person who has received a notice of decision  
            from the federal government granting deferred action is  








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            eligible for unemployment compensation contingent on receipt  
            of employment authorization from the federal government.

          5)Clarifies that the Department of Motor Vehicles (DMV) is  
            allowed to issue identification cards to a person who has  
            received notice of decision granting deferred action.

          6)States that all of the above is declarative of existing law.


           FISCAL EFFECT  


          1)Potential minor absorbable cost to the Attorney General and  
            potential minor non-reimbursable costs to local prosecutors  
            for bringing actions pursuant to violations of the bill's  
            requirements-pursuant to general enforcement provisions  
            regarding immigration consultants-offset to some extent by  
            revenues from civil penalties.




          2)Potential minor absorbable costs to the Secretary of State for  
            enforcement of provisions regarding notaries public.

          3)DMV indicates no costs, as the bill is only a clarification  
            with regard to issuance of identification cards.

           COMMENTS  

           1)Background  . On June 15, 2012, the Secretary of Homeland  
            Security announced that certain people who have come to the  
            United States as children may request consideration of  
            deferred action for a period of two years.  In order to be  
            considered and approved to receive deferred action, the  
            applicant must meet specified requirements, including that  
            they were under the age of 31 as of June 15, 2012; entered the  
            US before reaching age 16; are currently in school, have  
            graduated or obtained a certificate of completion from high  
            school, have obtained a General Education Development (GED)  
            certificate; or are an honorably discharged veteran of the  
            Coast Guard or Armed Forces of the United States.

            An approved application under the deferred action program will  








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            either stop pending deportation proceedings or preclude the  
            federal government from starting deportation proceedings  
            against grantees. Moreover, deferred action grantees are also  
            eligible to apply for and receive employment authorization for  
            the period of deferred action. Upon receiving a federally  
            issued employment authorization card, an individual may apply  
            (with additional documentation proving age and identity) for a  
            SSN.

            Nationwide, almost 440,000 applications had been received  
            through February 14, 2013, with about 120,000 (27%) of these  
            applications from immigrants currently residing in California.

           2)Purpose  . Existing law establishes minimum consumer protections  
            regarding who may engage in the business of preparing and  
            advising on immigration applications and related services.   
            Supporters of AB 35 contend protections would be strengthened  
            by adding a provision that is specific to deferred action  
            applicants, particularly because the volume of applications  
            under the program may lead to greater fraud and abuse in a  
            program that is not always well understood.

            This bill also clarifies that persons approved under the  
            deferred action program and authorized to work, are entitled  
            to unemployment compensation if they are otherwise eligible.  
            According to supporters, applicants approved under the  
            deferred action for childhood arrivals program fall within the  
            categories eligible for the immigration classification known  
            as PRUCOL (permanently residing under color of law).  
            Accordingly, they are typically eligible under various state  
            and federal programs, and generally receive work  
            authorization.  As such, these persons are arguably entitled  
            to unemployment compensation under existing law.  AB 35 is  
            simply a clarification in this regard.

            AB 2189 (Cedillo and Skinner)/Chapter 862 of 2012, brought  
            state law into conformity with the federal deferred action  
            program by codifying access to driver's licenses for deferred  
            action grantees.  While current law does in fact allow  
            driver's licenses and identification cards to be issued to  
            grantees, it does not clearly specify identification cards in  
            statute. Given the number of younger deferred action grantees  
            unable to obtain a driver's license due to age restrictions or  
            financial constraints, AB 35 provides this clarification by  
            codifying eligibility for identification cards.








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           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081