BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 916
Author: V. Manuel Pérez (D)
Amended: 8/23/12 in Senate
Vote: 27 - Urgency
PRIOR VOTES NOT RELEVANT
SUBJECT : Undocumented workers: California Agricultural
and Service
Worker Act
SOURCE : Author
DIGEST : This bill requires the Employment Development
Department and the Department of Food and Agriculture to
convene a working group to consult with the United States
Department of Homeland Security and the United States
Department of Justice in order to determine the legal roles
and responsibilities of federal and state agencies in
implementing a program to provide undocumented persons who
are agricultural or service industry employees with a
permit to work and live in California. This bill requires
the working group to create a report expressing its
recommendations, which would be required to incorporate
specified provisions describing a model program, and the
bill requires the report to be submitted to the Legislature
and the Governor. This bill requires the Governor, using
the report, to either make a formal request to the federal
government to implement a program to provide undocumented
persons who are agricultural or service industry employees
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with a permit to work and live in California, or issue an
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 or
service industry employees with a permit to work and live
in California should be structured.
Senate Floor Amendments of 8/23/12 delete the prior version
of the bill and replace with language that would enact the
Agricultural and Service Worker Act which, among other
things, establishes a working group to consult with the
federal government on the legal roles and responsibilities
of federal and state agencies with regards to specified
policies regarding undocumented persons.
ANALYSIS : Existing provisions of federal law regulate
immigration policy. Under federal law, state laws
regulating immigration are pre-empted.
Under existing law, it is illegal for a person or other
entity to "knowingly" hire, recruit, or refer for
employment an unauthorized individual or any individual
without complying with specified employment verification
procedures. Among other things, the law requires employers
to verify that every new hire is either a U.S. citizen or
authorized to work in the United States.
Specifically, this bill:
1. Requires the Employment Development Department and
the Department of Food and Agriculture, no later than
February 1, 2013, to convene a working group to consult
with the federal government to determine the legal
roles and responsibilities of federal and state
agencies in implementing a program to provide
undocumented persons who are agricultural or service
industry employees with a permit to work and live in
California.
2. Provides the makeup of the working group, as
specified.
3. Identifies issues to be addressed by the working
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group, as specified.
4. Requires the working group to create a report
expressing its recommendations, which shall incorporate
a specified model program, to the Legislature and the
Governor by July 1, 2013.
5. Provides that the model program shall, among other
things:
A. Not be implemented until a certification is made
that there are not enough legal residents in
California to fill all open agricultural and service
industry jobs in California.
B. Be limited to undocumented persons who meet all
of the following criteria:
The undocumented person must be 18
years if age or older.
The undocumented person must live in
California.
The undocumented person must have
performed agricultural or service industry
employment in the United States, as specified.
A. Requires the undocumented person to submit to a
fingerprinted criminal history background check.
B. Requires that the undocumented person must
never have been convicted of a felony, or three or
more misdemeanors.
C. Requires the undocumented person must pay a fee
to cover the costs of administering the program.
D. Extends the provisions of the program to an
undocumented person who is an immediate family
member, as defined, of the person to whom the work
permit is issued and meets specified criteria.
E. Requires the entities administering the program
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to ensure that employers employing workers
authorized under the program to make the following
assurances:
That the job opportunity is not
vacant because a worker is involved in a
strike, lockout, or a work stoppage in the
course of a labor dispute.
That the wages and benefits are
comparable to the wages and benefits provided
to legal residents, but in no case less than
the state minimum wage.
That an employer participating in the
program shall comply with all applicable
federal, state and local labor laws.
1. Requires the Governor, by August 1, 2013 do either of
the following:
A. Makes a formal request to the federal government
to implement a program to provide undocumented
persons who are agricultural and service industry
employees with a permit to work and live in
California; or
B. Issues an explanation as to why such a formal
request was not made and recommendations for how a
program should be structured.
1. Provides that an employee permitted to work 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.
2. Require an employer of such person permitted to work
in this state under the program to provide a written
record of employment, demonstrating the hours worked
and wages paid, to the employee and provide a copy of
the record to the state.
3. Provides that a permit issued under the program
should not limit an employee to a single employer or
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occupation.
4. Require a report to be prepared and submitted to the
Legislature not later than three years after the
program is implemented that addresses the results of a
review, as specified, of the implementation, and
compliance with, the requirements of the program.
5. Enacts related requirements.
6. Makes related legislative findings and declarations.
Comments
Earlier this year, the author introduced AB 1544, which
would have enacted the California Agricultural Jobs and
Industry Stabilization Program to establish a state
operated pilot program under the auspices and with the
permission of the federal government that would issue
federal/state permits for workers in two industries,
agricultural and service, in California. These workers
would be allowed to work and remain legally in California
until the US Congress or President of the United States
decided on a course of action that determined the
immigration status of these workers.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/24/12)
African American Farmers of California
California Bean Shippers Association
California Citrus Mutual
California Cotton Ginners and Growers Association
California Grain and Feed Association
California Grape and Tree Fruit League
California Pear Growers Association
California Seed Association
California State Floral Association
Nisei Farmers League
Pacific Egg and Poultry Association
Western Agricultural Association
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ARGUMENTS IN SUPPORT : Supporters argue that this bill
"?will place a needed emphasis on the importance of
proactively creating solutions to agricultural labor
concerns and serve to elevate the profile of the issue for
California and the nation."
PQ:n 8/24/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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