BILL ANALYSIS Ó AB 20 Page 1 ASSEMBLY THIRD READING AB 20 (Alejo) As Amended June 2, 2015 Majority vote ------------------------------------------------------------------- |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 Page 2 | | | | | ------------------------------------------------------------------- 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 AB 20 Page 3 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. AB 20 Page 4 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 AB 20 Page 5 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. AB 20 Page 6 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 AB 20 Page 7 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