BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                        AB 20


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          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         |                      |
          |                |      |                    |                      |








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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