Amended in Assembly July 7, 2015

Amended in Senate June 2, 2015

Senate BillNo. 10


Introduced by Senator Lara

December 1, 2014


An act to addbegin delete Chapter 1.7 (commencing with Section 12100.10) to Part 2 of Division 3 of Title 2 of the Government Code, relating to immigration.end deletebegin insert Section 14102.1 to the Welfare and Institutions Code, relating to health care coverage.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 10, as amended, Lara. begin deleteImmigration: Governor’s Office of New Americans. end deletebegin insertHealth care coverage: immigration status.end insert

begin insert

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. The federal Medicaid Program provisions prohibit payment to a state for medical assistance furnished to an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law.

end insert
begin insert

This bill would extend eligibility for full-scope Medi-Cal benefits to individuals 19 years of age and older who are otherwise eligible for those benefits but for their immigration status if the department determines that sufficient funding is available, or for limited scope Medi-Cal benefits if funding for full-scope benefits is not available. The bill would require these individuals to enroll into Medi-Cal managed care health plans, and to pay copayments and premium contributions, to the extent required of otherwise eligible Medi-Cal recipients who are similarly situated. The bill would require that benefits for those services be provided with state-only funds only if federal financial participation is not available. Because counties are required to make Medi-Cal eligibility determinations and this bill would expand Medi-Cal eligibility, the bill would impose a state-mandated local program.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert
begin delete

Existing law establishes the Naturalization Services Program, administered within the Department of Community Services and Development, to fund community-based organizations in assisting legal permanent residents in obtaining citizenship.

end delete
begin delete

This bill would establish the Office of New Americans in the Governor’s office, administered by a director appointed by the Governor, for the purpose of, among other things, coordinating an ongoing multiagency, multisector public and private effort to provide information and services to new Americans, overseeing the creation of a statewide strategic plan for the coordination and implementation of any presidential executive action on immigration reform or federal comprehensive immigration reform, and providing outreach, education, and fraud prevention services to the new American population. The bill would require the office to develop and report a comprehensive statewide assessment of integration programs, services, and funding, and a statewide strategic plan for integration of California’s new Americans, to the Governor and Legislature, on or before July 1, 2016. The bill would also require the office to develop an online clearinghouse of immigrant integration information, including services, resources, and programs. The bill would also create the Office of New Americans Fund, would authorize the office to receive private donations, and would require those donations to be deposited into the fund, which, upon appropriation, would fund the cost of establishing the office and performing the duties described above.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

(a) The Legislature finds and declares all of the
2following:

end insert
begin insert

3(1) The Legislature and the Governor, through the enactment
4of the Budget Act of 2015 (Chapter 11 of the Statutes of 2015),
5expanded Medi-Cal eligibility for children to ensure that no child
6in California who is income eligible will be denied access to health
7care coverage on the basis of immigration status.

end insert
begin insert

8(2) Expanding access and increasing enrollment in
9comprehensive health care coverage is of benefit to the health and
10welfare of all Californians.

end insert
begin insert

11(3) Longstanding California law provides full-scope Medi-Cal
12benefits to United States citizens, lawful permanent residents, and
13individuals permanently residing in the United States under color
14of law, including those granted deferred action.

end insert
begin insert

15(b) It is the intent of the Legislature in enacting this act to
16increase opportunities for enrollment in comprehensive health
17care coverage for adults, regardless of immigration status.

end insert
begin insert

18(c) It is further the intent of the Legislature that all Californians
19who are otherwise eligible for Medi-Cal, a qualified health plan
20offered through the California Health Benefit Exchange, or
21affordable employer-based health coverage, enroll in that
22coverage, and obtain the care that they need.

end insert
23begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 14102.1 is added to the end insertbegin insertWelfare and Institutions
24Code
end insert
begin insert, to read:end insert

begin insert
25

begin insert14102.1.end insert  

(a) (1) Notwithstanding any other law, an individual
2619 years of age or older who meets all of the eligibility
27requirements for full-scope Medi-Cal benefits under this chapter,
28but for his or her immigration status, may be enrolled for full-scope
29Medi-Cal benefits, pursuant to paragraph (2).

30(2) When a county completes the Medi-Cal eligibility
31determination process for an individual 19 years of age or older
32who meets all of the eligibility requirements for full-scope
33Medi-Cal benefits under this chapter, but for his or her
34immigration status, the county shall transmit this information to
35the department to determine if sufficient funding is available for
36this individual to receive full-scope Medi-Cal benefits. If sufficient
37funding is available, the individual shall be eligible for full-scope
P4    1benefits. If sufficient funding is not available, the individual shall
2be eligible for limited scope Medi-Cal benefits.

3(b) This section shall not apply to individuals eligible for
4coverage pursuant to Section 14102.

5(c) An individual who is eligible for coverage under subdivision
6(a) shall be required to enroll into Medi-Cal managed care health
7plans to the extent required of otherwise eligible Medi-Cal
8recipients who are similarly situated.

9(d) An individual who is eligible for coverage under subdivision
10(a) shall pay copayments and premium contributions to the extent
11required of otherwise eligible Medi-Cal recipients who are
12similarly situated.

13(e) Benefits for services under this section shall be provided
14with state-only funds only if federal financial participation is not
15available for those services. The department shall maximize federal
16financial participation in implementing this section to the extent
17allowable.

18(f) Eligibility for full-scope Medi-Cal benefits for an individual
1919 years of age or older pursuant to subdivision (a) shall not be
20an entitlement. The department shall have the authority to
21determine eligibility, determine the number of individuals who
22may be enrolled, establish limits on the number enrolled, and
23establish processes for waiting lists needed to maintain program
24expenditures within available funds.

25(g) Notwithstanding Chapter 3.5 (commencing with Section
2611340) of Part 1 of Division 3 of Title 2 of the Government Code,
27the department, without taking any further regulatory action, shall
28implement, interpret, or make specific this section by means of
29all-county letters, plan letters, plan or provider bulletins, or similar
30instructions until the time regulations are adopted. The department
31shall adopt regulations by July 1, 2018, in accordance with the
32requirements of Chapter 3.5 (commencing with Section 11340) of
33Part 1 of Division 3 of Title 2 of the Government Code.
34Commencing July 1, 2016, and notwithstanding Section 10231.5
35of the Government Code, the department shall provide a status
36report to the Legislature on a semiannual basis, in compliance
37with Section 9795 of the Government Code, until regulations have
38been adopted.

end insert
39begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
40this act contains costs mandated by the state, reimbursement to
P5    1local agencies and school districts for those costs shall be made
2pursuant to Part 7 (commencing with Section 17500) of Division
34 of Title 2 of the Government Code.

end insert
begin delete
4

SECTION 1.  

The Legislature finds and declares all of the
5following:

6(a) An estimated 2.6 million Californians are undocumented
7immigrants. One in six children lives with an undocumented parent.
8Eighty percent of these children are native born United States
9citizens who stand to benefit from increased family stability and
10economic security.

11(b) Last year, President Obama implemented an executive action
12to expand deferred action on millions of Americans. This
13population will need assistance with understanding eligibility,
14accessing resources, and completing the requisite applications for
15 deferred action.

16(c) Unfortunately, even with this expanded relief, half of
17California’s undocumented residents, more than one million people,
18are still excluded. Those Californians excluded from relief are an
19integral part of California’s communities and workforce, and share
20households with citizens, lawful permanent residents, and
21immigrants who are eligible to apply for deportation protection.
22Yet, those community members who are left behind will continue
23to face the threat of family separation and deportation. Any
24statewide immigrant integration strategy must reflect and protect
25the needs of this important population.

26(d) California, which has the largest undocumented population
27in the nation, has more to gain from immigration reform than any
28other state. California’s future depends on our ability to
29successfully integrate immigrants, regardless of their immigration
30status, into the state’s economic, social, and political fabric.

31(e) One in 11 workers is an undocumented immigrant.
32Legalization will allow undocumented immigrants to join the
33formal economy and increase their economic contributions. Studies
34show that immigrants are better off, by almost any economic
35measure, after gaining legal status and citizenship. And what is
36good for California’s undocumented residents is good for the state.

37(f) Immigrant workers are important to our state’s economy.
38Studies show that immigrant workers contribute about 31 percent
39of California’s gross domestic product (GDP). Undocumented
40immigrants in our state contribute about $130 billion of California’s
P6    1GDP, which is a figure greater than the entire GDP of the state of
2Nevada, and contribute more than $3.2 billion in state and local
3taxes.

4(g) Immigrant households also make up 27 percent of the total
5household income in California, representing a substantial share
6of all spending power in this state.

7(h) There are 1,214,000 undocumented immigrants in California
8who are potentially eligible for deferred action under President
9Obama’s recent executive actions on immigration. If those
10immigrants are able to receive a temporary work permit, it would
11lead to a $940 million increase in tax revenues for California over
12five years.

13(i) Expanding deferred action will significantly strengthen
14California’s economy. When undocumented immigrants can work
15legally, they are able to shield themselves against workplace
16exploitation and move freely across the labor market to find jobs,
17leading to an 8.5 percent increase in their earnings. For the average
18undocumented immigrant, that means that he or she is taking home
19an additional $1,872 each year. As these extra earnings are spent
20throughout the economy, demand for goods and services rises,
21spurring job creation and raising the wages of all American
22workers.

23(j) Currently, five states, New York, Maryland, Maine,
24Massachusetts, and Illinois have some form of statewide immigrant
25integration office. Yet, despite California’s historic,
26forward-looking reforms and significant investment in new
27Americans, to date, our state still lacks a proactive, statewide
28immigrant integration effort and the most basic infrastructure for
29assessment, planning, and coordination of programs, policies, and
30budget efforts for ongoing new American integration. Absent this
31coordination, undocumented Californians and the state’s economy
32will not see the largest possible return on investment, both in terms
33of social integration and economic potential.

34(k) The success of a large-scale administrative relief
35implementation program and effective implementation of current
36and future state immigrant integration policies will depend
37significantly upon the coordination of a multiagency, multisector,
38statewide, public and private effort led by an experienced director.
39The state must also apply a coordinated effort that leverages private
40and public local, state, and federal resources to help fund the key
P7    1programs and services that provide accurate, accessible information
2 and services, including education, naturalization services, fraud
3prevention services, application assistance, legal services, and
4outreach about immigrant integration opportunities to immigrants.

5

SEC. 2.  

Chapter 1.7 (commencing with Section 12100.10) is
6added to Part 2 of Division 3 of Title 2 of the Government Code,
7to read:

8 

9Chapter  1.7. The Governor’s Office of New Americans
10

 

11

12100.10.  

There is within the Governor’s office an Office of
12New Americans. The Governor shall appoint a director to
13administer the office.

14

12100.11.  

The duties of the office shall include, but are not
15limited to, all of the following:

16(a) Develop a comprehensive statewide assessment of integration
17programs, services, and funding that serve immigrants, regardless
18of status. The assessment shall include, but is not limited to, an
19evaluation of all of the following:

20(1) Federal, state, and local laws and regulations that create
21programs or authorize the access of participation of immigrants,
22regardless of legal status.

23(2) Programs and services currently managed by a state agency
24or department, local governmental agency, including local offices
25of immigrant affairs established by the County of Los Angeles,
26the City and County of San Francisco, and the County of Santa
27Clara, and nonprofit organizations to support California immigrant
28integration, such as naturalization services and other immigrant
29assistance programs, including their funding levels, source of
30funding, and the agency or department responsible for
31administering the funding or implementing the program.

32(b) On or before July 1, 2016, report the findings of the
33assessment described in subdivision (a) and a statewide strategic
34plan for integration of California’s new Americans to the Governor
35and Legislature, including a strategy for monitoring and
36coordinating implementation of immigrant integration policy and
37programs.

38(1) The plan shall include, but not be limited to, all of the
39following:

P8    1(A) The steps necessary for, and the feasibility of, interoffice
2and interagency coordination of programs, services, and resources.

3(B) Recommendations for shifting or consolidating programs
4and services, if any.

5(C) Recommendations for tracking implementation of federal,
6state, and local immigrant integration laws, programs, and services,
7including policy recommendations, if any.

8(D) Recommendations for the coordination of outreach,
9education, and fraud prevention services by other public agencies
10and private organizations to ensure that the new American
11population has accurate information relating to eligibility
12requirements with regard to presidential executive action,
13comprehensive immigration reform (CIR), federal Deferred Action
14for Childhood Arrivals (DACA), federal Deferred Action for
15Parental Accountability (DAPA), programs for unaccompanied
16minors, and other policies, and where to obtain reputable
17application assistance and legal services.

18(2) The requirement for submitting a report imposed by this
19subdivision is inoperative on January 1, 2020, pursuant to Section
2010231.5.

21(3) A report to be submitted pursuant to this subdivision shall
22be submitted in compliance with Section 9795.

23(c) On or after July 1, 2016, develop an online clearinghouse
24of immigrant integration information, including services, resources,
25and programs.

26(d) Monitor the implementation of state laws and regulations,
27including, but not limited to, all of the following:

28(1) Federal Deferred Action for Childhood Arrivals, federal
29Deferred Action for Parental Accountability, and any other
30presidential executive action on immigration reform or
31comprehensive immigration reform.

32(2) Unaccompanied Minors Program.

33(3) Chapter 524 of the Statutes of 2013 (Assembly Bill 60 of
34the 2013-14 Regular Session).

35(4) Chapter 17.1 (commencing with Section 7282) of Division
367 of Title 1, commonly referred to as the TRUST Act.

37(5) Chapter 752 of the Statutes of 2014 (Senate Bill 1159 of the
382013-14 Regular Session).

39(6) Chapter 814 of the Statues of 2001 (Assembly Bill 540 of
40the 2001-02 Regular Session).

P9    1(7) Chapters 93 and 604 of the Statutes of 2011 (Assembly Bills
2130 and 131 of the 2011-12 Regular Session), commonly referred
3to as the Dream Act.

4(8) Chapter 754 of the Statutes of 2014 (Senate Bill 1210 of the
52013-14 Regular Session), commonly referred to as the DREAM
6Loan.

7(e) Create neighborhood-based connections between new
8Americans and their communities through civic engagement and
9other opportunities.

10(f) Marshal resources to fund these efforts.

11

12100.12.  

(a) The Office of New Americans Fund is hereby
12created in the State Treasury. Moneys in the fund shall be used to
13pay the cost of establishing the office, and any other purpose
14authorized by this chapter.

15(b) The Office of New Americans Fund may be funded by both
16private and public funds. The office may accept private cash
17donations to be used for the purposes described in this chapter.
18Cash donations received pursuant to this subdivision shall be
19deposited into the fund and shall be made available upon
20appropriation by the Legislature.

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