BILL ANALYSIS Ó
AB 20
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ASSEMBLY THIRD READING
AB
20 (Alejo)
As Amended June 2, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Labor |6-1 |Roger Hernández, |Harper |
| | |Chu, Low, McCarty, | |
| | |Patterson, Thurmond | |
| | | | |
|----------------+------+--------------------+----------------------|
|Judiciary |9-0 |Mark Stone, Wagner, | |
| | |Alejo, Chau, Chiu, | |
| | |Cristina Garcia, | |
| | |Holden, | |
| | |Maienschein, | |
| | |O'Donnell | |
| | | | |
|----------------+------+--------------------+----------------------|
|Appropriations |13-0 |Gomez, Bigelow, | |
| | |Bonta, Calderon, | |
| | |Daly, Eggman, | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, | |
| | |Quirk, Rendon, | |
| | |Weber, Wood | |
| | | | |
AB 20
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| | | | |
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SUMMARY: Enacts a framework work permit program for undocumented
individuals who are agricultural employees, as specified.
Specifically, this bill:
1)Requires the Employment Development Department (EDD) and the
Department of Food and Agriculture, no later than February 1,
2017, to convene a working group to consult with the United
States Department of Homeland Security and the United States
Department of Justice to determine the legal roles and
responsibilities of federal and state agencies in implementing a
program to provide undocumented persons who are agricultural
employees with a permit to work and live in California.
2)Provides that the working group shall consist of representatives
from EDD, the Department of Food and Agriculture, the Attorney
General, two Members of the Senate, two Members of the Assembly,
and stakeholders, including, but not limited to, agricultural
employers, farm labor contractors, and farm labor organizations.
3)Specifies issues to be addressed by the working group.
4)Requires the working group to create a report expressing its
recommendations to be submitted to the Legislature and the
Governor no later than July 1, 2017.
5)Requires the Governor, by August 1, 2017, to either make a
formal request to the federal government to implement a program
to provide undocumented persons who are agricultural employees
with a permit to work and live in California, or issue an
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explanation as to why a formal request was not made and make
recommendations to the Legislature for how a program to provide
undocumented persons who are agricultural employees with a
permit to work and live in California should be structured.
6)Provides that if the federal government approves or adopts a
program to provide undocumented persons who are agricultural
employees with a permit to work and live in California, the
Legislature shall enact necessary implementing legislation. The
model program shall not be implemented until such implementing
legislation is enacted by the Legislature.
7)Outlines model program requirements as follows:
a) The program shall not be implemented until a certification
is made by an entity designated by the working group that not
enough legal residents in California will fill all open
agricultural jobs in California.
b) The program shall be limited to undocumented persons who
are 18 years of age and older, live in California and have
performed agricultural employment in the United States for at
least 863 hours or 150 workdays during the 24-month period
ending on January 26, 2015, or earned $7,500 or more from
agricultural industry employment in the United States, and
has maintained agricultural employment for 431 hours or 75
workdays, or earned $3,750 or more from that employment, on
an annual basis after receiving the permit.
c) An undocumented person shall be allowed to conclusively
establish employment status by submitting specified records
demonstrating the employment.
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d) The program shall be implemented in a manner that
recognizes and takes into account the difficulties
encountered by an undocumented person in obtaining evidence
of employment due to the person's undocumented status,
including the crediting of work in cases in which an
undocumented person has been employed under an assumed name.
e) The undocumented person shall submit to a fingerprinted
criminal history background check.
f) The undocumented person has not been convicted of a
felony, or three or more misdemeanors, as confirmed by the
fingerprinted criminal history background check.
g) The undocumented person shall pay a fee to cover the costs
of administering the program.
h) The program shall extend to an undocumented person who is
an immediate family member of a person to whom a work permit
has been issued. The immediate family member shall be
required to meet specified criteria.
8)Provides that once the program becomes authorized and
operational, specified requirements including, but not limited
to the following apply:
a) An official or employee of the state government may engage
in specified activities.
b) Any person who files an application under the program and
knowingly and willfully falsifies, conceals, or covers up a
material fact or makes any false, fictitious, or fraudulent
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statements or representations, or makes or uses any false
writing or document knowing that it contains any false,
fictitious, or fraudulent statement or entry shall be
disqualified from applying under the program.
c) The entities administering the program shall ensure that
employers employing workers authorized under the program make
each of the following assurances:
i) That the job opportunity for which an employer employs
an undocumented person authorized under the program is not
vacant because a worker is involved in a strike, lockout,
or because of a work stoppage in the course of a labor
dispute involving the job opportunity at the same place of
employment.
ii) That the wages and benefits provided to undocumented
persons working under a permit issued under the program are
comparable to the wages and benefits provided to legal
residents, but in no case less than the state minimum wage.
iii) That an employer participating in the program shall
comply with all applicable federal, state, and local labor
laws, including laws affecting migrant and seasonal
agricultural workers, with respect to all United States
workers and undocumented workers.
d) An employer of a person permitted to work in this state
under the program should provide a written record of
employment, demonstrating the hours worked and wages paid, to
the employee issued a permit, and provide a copy of the
record to the state.
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9)Provides that an employee permitted to work in this state under
the program shall be entitled to the same wage, hour, and
working condition protections provided to an employee who is a
legal resident of California.
10)Provides that a permit issued under the program may not limit
an employee to a single employer or occupation.
11)Provides that no later than three years after the program is
implemented, the administering entities shall prepare and
transmit to the Assembly Labor and Employment Committee and the
Senate Labor and Industrial Relations Committee a report
describing the results of a review of the implementation of, and
compliance with, the requirements of the program, including
specified information.
12)Makes related changes.
13)Contains legislative findings and declarations.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, General Fund administrative costs of in the range of
$120,000 to $200,000, starting July 1, 2017, for the EDD to
convene a working group. These costs include staffing, travel and
other administrative expenses. The scope of this work is broad
and addresses an unfamiliar subject matter for the EDD. To the
extent the EDD is responsible for coordination with federal
agencies and production of the working group report, additional
workload costs could be incurred. The Department of Food and
Agriculture and the Attorney General's Office indicate
minor/absorbable costs to participate in the working group.
COMMENTS: This bill proposes to enact the California Agricultural
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Act to provide a model and framework for a program to provide
undocumented persons who are agricultural employees with a permit
to work and live in California.
A coalition of agricultural employer groups supports this measure,
stating, "Our organizations share your frustration with the lack
of action at the Federal level to address labor shortages and
ensure long-term labor security. We have promoted Comprehensive
Immigration Reform for the past few years to no avail. [This
bill] seeks to build upon consensus language found in past
versions of the Federal AgJobs legislation. We believe using this
language as a model will send an important message to Congress
about California's interest in making something happen in this
area, even if Washington, DC is not able to act."
There is no opposition on file to this bill.
Analysis Prepared by:
Ben Ebbink / L. & E. / (916) 319-2091 FN: 0000566