BILL ANALYSIS �
SB 23
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Date of Hearing: June 25, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
SB 23 (Lara) - As Amended: May 24, 2013
SENATE VOTE : 29-10
SUBJECT : TASK FORCE ON NEW AMERICAN INTEGRATION
KEY ISSUE : SHOULD A TASK FORCE BE TEMPORARILY ESTABLISHED IN
THE GOVERNOR'S OFFICE TO MAKE POLICY RECOMMENDATIONS TO THE
LEGISLATURE REGARDING THE INTEGRATION OF NEW IMMIGRANTS,
PARTICULARLY IN LIGHT OF POSSIBLE FEDERAL IMMIGRATION REFORM?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
According to the author, contributions of immigrants to our
economy and society generally are instrumental to the
advancement of the country and our state, but there is much more
California can do to modernize and streamline programs that will
help integrate these immigrants, particularly in light of
possible comprehensive federal immigration reform that may allow
many of them to become "New Americans." Consequently, this
laudable bill seeks to establish, until January 1, 2018, a task
force in the Governor's office to make policy recommendations to
the Legislature on integrating immigrants in the state, and to
develop recommended protocols and collaboration among
governmental agencies to streamline resources to assist
immigrant integration. Known as the Task Force on New American
Immigrant Integration, this 15-member body would also be
responsible for making initial recommendations to the
Legislature to ensure the state is ready to assist new Americans
eligible to change their legal status pursuant to possible
federal immigration reform that may authorize such changes.
Similar tasks forces and programs have previously been
established in at least five other states. This bill is
supported by a number of immigrant advocacy groups and other
organizations, and has no known opposition.
SUMMARY : Establishes a task force within the Governor's office
to make recommendations to the Legislature about the integration
of immigrants into California, and outlines requirements for
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appointment and membership on the task force. Specifically,
this bill :
1)Makes a number of legislative findings and declarations
relating to immigrants, their participation in the work force,
and their contribution to the state's economy.
2)Establishes the Task Force on New American Immigrant
Integration in the Governor's office to provide the following:
a) Recommendations on protocols and collaboration among
governmental agencies to streamline resources to assist
immigrant integration, to be made on or before January 1,
2015.
b) Policy recommendations to the Legislature on integrating
immigrants in the state, including a recommendation on the
establishment of an Office of New Americans, to be made on
or before January 1, 2015.
c) Initial recommendations to the Legislature to ensure the
state is ready to assist new Americans eligible to change
their legal status pursuant to federal law, to be made no
later than six months after the date when changes in
federal immigration law occur to authorize undocumented
immigrants to change their legal status.
3)Requires the 15 members comprising the task force to be
appointed on or before April 1, 2014, including nine members
appointed by the Governor, three members by the Senate
Committee on Rules, and three members by the Speaker of the
Assembly.
4)Requires an individual, in order to be eligible for
appointment to the task force, to have experience and
expertise in immigrant integration.
5)Provides that members of the task force shall serve at the
pleasure of the appropriate appointing power, and requires the
appointing power, upon occurrence of a vacancy, to appoint a
replacement within 20 days of the vacancy.
6)Requires meetings of the task force to be subject to the open
meeting requirements of the Bagley-Keene Open Meeting Act, as
specified.
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7)Requires the task force to meet at least four times during the
calendar year and meet at least once within the Counties of
Fresno, Los Angeles, San Diego, and San Francisco.
8)Establishes a sunset date of January 1, 2018 for these
provisions, unless a later enacted statute enacted before
January 1, 2018 deletes or extends that date.
EXISTING LAW :
1)Establishes the Department of Community Services and
Development (CSD) to employ resources of both private and
public sectors of the state to assist immigrants, the elderly
and the poor to secure meaningful employment, adequate
education and other goals, as specified. (Government Code
Section 12085.)
2)Establishes the Naturalization Services Program (NSP, to be
administered within CSD, to provide funding to community-based
organizations to assist legal permanent residents in obtaining
citizenship and to be implemented to the extent that funds are
appropriated for this purpose in the annual Budget Act.
(Government Code Section 12089.)
3)Pursuant to the Bagley-Keene Open Meeting Act, generally
requires state boards, commissions, and other bodies to
publicly notice their meetings, prepare agendas, accept public
testimony and conduct their meetings in public unless
specifically authorized to meet in closed session.
(Government Code Sections 11120 through 11132.)
COMMENTS : This bill seeks to establish, until January 1, 2018,
a task force in the Governor's office to make policy
recommendations to the Legislature on integrating immigrants in
the state, and to develop recommended protocols and
collaboration among governmental agencies to streamline
resources to assist immigrant integration. Known as the Task
Force on New American Immigrant Integration, this 15-member body
would also be responsible for making initial recommendations to
the Legislature to ensure the state is ready to assist new
Americans eligible to change their legal status pursuant to
possible federal immigration reform that may authorize such
changes.
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Author's Statement. According to the author, this bill is
needed to allow the state to take a step in the right direction
and modernize and streamline programs that will better integrate
immigrants, including those becoming Americans for the first
time (i.e. "New Americans.") The author states:
It is estimated that approximately 10 million Californians
are immigrants; 6.5 million are either naturalized or
eligible to naturalize; and more than 2.6 million are
aspiring citizens that live in the shadows due to a broken
immigration system. Nearly half of these New American
Immigrants live with their spouses and children, most of whom
are citizens or legal permanent residents.
New American Immigrant communities contribute to both our
state and local economies. At the state level, immigrants pay
roughly $5.2 billion in state income taxes and $4.6 billion
in sales taxes each year. Additionally, our State's local
economies benefit a great deal from economic contributions of
immigrants. The past and present contributions of immigrants
to the U.S. have and will continue to be instrumental to the
advancement of the country and our State. Unfortunately,
despite the contributions of immigrants to the state,
California has not put forward a bold comprehensive approach
to fully integrate New Americans into the state.
During the 20th century the nation launched a movement
involving federal, state and local governments, business,
labor, unions, schools and social organizations to help
integrate immigrants or New Americans into society.
Currently, however, few of these programs exist or are
minimally funded and uncoordinated. For example, in 2006
California was one of the first states to enact a program to
assist eligible New American Immigrants to naturalize,
however that program is no longer funded. Furthermore, the
Cities of Los Angeles and Santa Clara have created offices of
immigrant affairs yet, there is a lack of coordination among
cities and the state to streamline resources and implement
best practices.
While these programs provide some assistance to New Americans
Immigrants, there is much more the State can do to modernize
and streamline programs that will better integrate New
Americans and save the state money. Furthermore, on the eve
of national immigration reform, it is vital that California
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be ready to receive and help integrate New Americans as
citizenship and civic participation of all Californians is
essential to the economic and societal well-being of the
state.
The author also notes that on April 16, 2013, a bipartisan group
of U.S. Senators introduced Senate Bill 744, "The Border
Security, Economic Opportunity, and Immigration Modernization
Act of 2013," a major immigration bill that would bolster border
security and legalize many of America's 11 million undocumented
immigrants, putting them on a path to citizenship, and
dramatically overhauling the legal immigration system. At the
time of this analysis, federal lawmakers continue to discuss
various proposals to a comprehensive immigration reform package.
In the meantime, the author proposes to take a modest step
forward with this bill, which would help facilitate immigrant
integration in California, in which reportedly 10 million
immigrants now reside.
Background on previous state programs to assist integration of
naturalized citizens. The Department of Community Services and
Development (CSD), formerly known as the State Office of
Economic Opportunity (OEO), was created by the federal Economic
Opportunity Act of 1964 under the direction of Sargent Shriver.
When the department was first created, the Legislature declared
that "California can achieve its full economic and social
potential as a state only if every individual has the
opportunity to contribute the full extent of his or her
capabilities and to participate in the workings of society."
From 1998 to 2008, CSD administrated an innovative new program
known as the Naturalization Services Program (NSP). Under the
NSP, CSD contracted with community based organizations to assist
legal permanent residents in obtaining citizenship. Activities
and services performed under the program included outreach,
intake, referrals, citizenship application assistance,
citizenship testing, interview preparation, and follow up
activities.
In the last year of the NSP (FY 2007-08), the department was
awarded $3 million from the General Fund and proceeded to
contract with 23 community-based organizations around the state.
In the same year, 9,743 clients were served, and 5,502 received
certificates of naturalization. A total of 118,488 clients were
served during the life of the program. The NSP was subsequently
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defunded due to the economic recession and budget constraints.
This bill would establish a special task force in the Governor's
office, rather than a new state department or agency. The bill
would require the task force to develop policy recommendations
for the Legislature concerning integration of immigrants, rather
than actually providing outreach or direct assistance to
eligible immigrants similar to the NSP. Nevertheless, the
Senate Appropriations Committee notes a number of other costs
associated with staffing and administrative needs for the
15-member task force.
Open meeting requirements. Existing law, the Bagley-Keene Open
Meeting Act, generally requires state boards, commissions, and
other bodies to publicly notice their meetings, prepare agendas,
accept public testimony and conduct their meetings in public
unless specifically authorized to meet in closed session.
(Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
Code.) The purpose of the Bagley-Keene Act is to ensure that
proceedings of public agencies, which exist to aid the conduct
of the people's business, are conducted openly so that the
public may remain informed. (Section 11120.) The Bagley-Keene
Act applies to all public agencies unless expressly excluded.
(Torres v. Board of Commissioners of Housing Authority of Tulare
County (1979) 89 Cal.App.3d 545. Accordingly, this bill
requires meetings of the task force to be subject to the open
meeting requirements of the Bagley-Keene Open Meeting Act, as
specified. In addition, the bill also requires the task force
to meet at least four times during the calendar year and meet at
least once within the Counties of Fresno, Los Angeles, San
Diego, and San Francisco.
Similar task forces established in five other states. According
to the author, at least five other states--Illinois, Maryland,
Massachusetts, New Jersey, and Washington-- have created
advisory councils on immigrant integration through executive
order. In Illinois, for example, the task force was established
several years ago and has already issued several statewide
recommendations addressing language access, economic
integration, bilingual pay and hiring strategies, as well as
other recommendations specific to certain state agencies that
address economic and employment development, housing, and public
safety issues for immigrants and refugees.
In March 2013, Governor Andrew Cuomo of New York recently
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launched that state's Office for New Americans, a network of 27
neighborhood-based centers that will reportedly help immigrants
in their efforts to, among other things, learn English, prepare
for the U.S. citizenship exam, and start and grow businesses so
they can fully participate in civic and economic life. (N.Y.
Governor's Office, press release, March 11, 2013.) This bill
requires the task force in California to specifically make a
policy recommendation on the establishment of a similar Office
of New Americans.
Related Pending Legislation. SJR 8 (Correa) specifies
principles for repairing the nation's historically broken
immigration system, and would urge Congress and the President of
the United States to take a comprehensive and workable approach
to improving the nation's immigration system using those
principles. This measure is currently pending referral in the
Assembly.
AJR 3 (Alejo) specifies tenets for repairing the nation's broken
immigration system, and would urge Congress and the President of
the United States to take a humane and just approach to
improving the nation's immigration system using those tenets.
This measure is currently on third reading in the Senate.
ARGUMENTS IN SUPPORT: This bill is supported by a number of
immigrant advocacy groups and other community-based
organizations. It is also supported, among others, by the
California Catholic Conference, which writes in support:
In light of the continued lack of funding for the
Naturalization Services Program . . . which until
2007-08 used to provide up to $3 million in funding to
community-based organizations throughout the state in
order to assist legal permanent residents in obtaining
citizenship, we feel that having this Task Force already
in place would help to provide similar, much-needed
services to California residents. It would also allow
our state to be better prepared to carry out any new
laws that may be brought about by any federal
immigration reform in a more well-informed and
expeditious manner.
REGISTERED SUPPORT / OPPOSITION :
Support
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Alameda County Board of Supervisors
Asian Pacific American Legal Center
Asian Pacific Policy & Planning Council (A3PCON)
California Catholic Conference, Inc.
California Immigrant Policy Center
Central American Resources Center - Los Angeles
Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA)
CREER Organization San Juan Capistrano
Equality California (EQCA)
The Filipino American Service Group Inc. (FASGI)
Metropolitan Community Church in the Valley
Mexican American Legal Defense and Educational Fund
Services, Immigrant Rights and Education Network (SIREN)
Southeast Asia Resource Action Center (SEARAC)
Opposition
None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334