California 2013-2014 Regular Session Status: Enacted

AB 35 — Deferred action for childhood arrivals.

Last action — Chaptered by Secretary of State - Chapter 571, Statutes of 2013.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 03, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Under existing federal law, the Secretary of the Department of Homeland Security has issued a directive allowing certain undocumented individuals who meet several key criteria for relief from removal from the United States or from entering into removal proceedings to be eligible to receive deferred action for a period of 2 years, subject to renewal, and who will be eligible to apply for work authorization. Existing law provides for the regulation of immigration consultants by the Department of Consumer Affairs, the licensure and regulation of attorneys by the State Bar of California, and the commission of notaries public by the Secretary of State. A violation of certain of these provisions is a crime. This bill would provide that immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be the only individuals authorized to charge clients or prospective clients a fee for providing services associated with filing an application under the deferred action program. The bill also would prohibit immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals from participating in practices that amount to price gouging, as defined, when a client or prospective client solicits these services. By expanding the definition of a crime, this bill would impose a state-mandated local program. (2) Commencing January 1, 2013, state law provides that any federal document demonstrating favorable action by the federal government for acceptance of a person into this deferred action program shall satisfy specified requirements for the purposes of being authorized to receive an original driver's license from the Department of Motor Vehicles, as described. This bill would provide that these provisions also apply for the purposes of being authorized to receive a California identification card. (3) Existing law provides for unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. Existing law establishes the Unemployment Fund, a continuously appropriated fund, for the receipt of employer contributions and the payment of employment compensation benefits. Existing law makes it a crime for a person to commit various acts, including making or signing a false statement or supplying false information in connection with obtaining unemployment benefits, as specified. Existing law provides that unemployment compensation benefits, and other related benefits, as specified, shall not be payable on the basis of services performed by a person who is not a citizen of the United States, unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed. This bill would provide that, to the extent authorized by federal law, if a person has received a notice of decision from the federal government granting deferred action under the federal Deferred Action for Childhood Arrivals program and if that person performed the services while he or she was in receipt of a valid employment authorization from the federal government, he or she is a person who was lawfully present for purposes of performing the services and is eligible for unemployment compensation benefits, as specified. (4) The bill would state that the provisions of the bill are declarative of existing law. (5) 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. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 571, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 18. Page 3041.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 10. Page 2189.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 2). Re-referred to Com. on APPR.

  12. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0.) (June 12). Re-referred to Com. on JUD.

  13. Referred to Coms. on L. & I.R. and JUD.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 16. Page 1561.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 14. Noes 3.) (May 15).

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 2.) (April 29). Re-referred to Com. on APPR.

  19. Re-referred to Com. on TRANS.

  20. Read second time and amended.

  21. From committee: Do pass as amended and re-refer to Com. on TRANS. (Ayes 9. Noes 0.) (April 9).

  22. Re-referred to Com. on JUD.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  24. In committee: Hearing postponed by committee.

  25. Referred to Coms. on JUD. and TRANS.

  26. From printer. May be heard in committee January 3.

  27. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 8 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 35 HERNÁNDEZ Concurrence in Senate Amendments

Passed 55 Yea · 18 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 511505
Democratic 4000
Republican 0300
Total 551805
% of votes cast 71%23%0%6%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Linder — Yea
Maienschein — Nay
Mansoor — Nay
Pan — Yea
Quirk — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Daly — Yea
Gorell — Yea
Lowenthal — Yea
Skinner — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Mitchell — Yea
Campos — Yea
Chau — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Hagman — Nay
Bocanegra — Yea
Hall — Yea
John A. Pérez — Yea
Harkey — Nay
Salas — Yea
Jones-Sawyer — Yea
Chesbro — Yea
Levine — Yea
Logue — Nay
Allen — Nay
Medina — Yea
Melendez — Not Voting
Bonilla — Not Voting
Morrell — Nay
Mullin — Yea
Ammiano — Yea
Bigelow — Nay
Chávez — Yea
Conway — Nay
Cooley — Yea
Donnelly — Nay
Eggman — Not Voting
Nazarian — Yea
Nestande — Yea
Olsen — Nay
Perea — Yea
Rendon — Yea
Wagner — Yea
Waldron — Nay
Wieckowski — Yea
Wilk — Nay
Dickinson — Yea
Fox — Not Voting
Frazier — Not Voting
Yamada — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB35 Roger Hernández By Lara

Passed 25 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 221004
Democratic 3000
Total 251004
% of votes cast 64%26%0%10%
How each member voted (39)
Member Party Vote
Anderson — Nay
Knight — Nay
Lieu — Not Voting
Nielsen — Nay
Torres — Not Voting
Vidak — Yea
Wyland — Nay
Emmerson — Nay
Correa — Yea
Evans — Not Voting
DeSaulnier — Yea
Hernandez — Yea
Liu — Yea
Cannella — Yea
Wright — Yea
De León — Yea
Fuller — Nay
Corbett — Yea
Hancock — Yea
Hill — Yea
Hueso — Yea
Beall — Yea
Block — Yea
Huff — Nay
Lara — Yea
Leno — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Galgiani — Yea
Yee — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 35 HERNÁNDEZ Assembly Third Reading

Passed 58 Yea · 16 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 521302
Democratic 6100
Republican 0202
Total 581604
% of votes cast 74%21%0%5%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bigelow — Nay
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Not Voting
Linder — Yea
Maienschein — Nay
Mansoor — Nay
Pan — Yea
Wagner — Yea
Wieckowski — Yea
Gomez — Yea
Gorell — Yea
Medina — Yea
Stone — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Bonilla — Yea
Nazarian — Yea
Alejo — Yea
Daly — Yea
Eggman — Yea
Quirk — Yea
Skinner — Yea
Bocanegra — Yea
John A. Pérez — Yea
Harkey — Nay
Salas — Yea
Campos — Yea
Jones-Sawyer — Yea
Levine — Yea
Logue — Nay
Melendez — Nay
Morrell — Nay
Mullin — Yea
Nestande — Yea
Olsen — Nay
Perea — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Conway — Nay
Cooley — Yea
Dickinson — Yea
Donnelly — Nay
Rendon — Yea
Ting — Yea
Waldron — Not Voting
Weber — Yea
Wilk — Nay
Williams — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Hagman — Nay
Hall — Yea
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 14 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13300
Democratic 1000
Total 14300
% of votes cast 82%18%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Yea
Wagner — Yea
Campos — Yea
Gomez — Yea
Hall — Yea
Bocanegra — Yea
Harkey — Nay
Bigelow — Nay
Eggman — Yea
Pan — Yea
Quirk — Yea
Rendon — Yea
Weber — Yea
Donnelly — Nay
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 13 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11101
Democratic 2000
Republican 0100
Total 13201
% of votes cast 81%13%0%6%
How each member voted (16)
Member Party Vote
Achadjian — Yea
Blumenfield — Yea
Buchanan — Yea
Holden — Yea
Frazier — Yea
Linder — Yea
Logue — Nay
Lowenthal — Yea
Morrell — Not Voting
Nazarian — Yea
Ammiano — Yea
Daly — Yea
Gatto — Yea
Bonta, Mia Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Patterson, Joe Republican Nay

Official roll call →

Subjects

public-safety immigration labor
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Frequently asked questions

What does AB 35 do?
(1) Under existing federal law, the Secretary of the Department of Homeland Security has issued a directive allowing certain undocumented individuals who meet several key criteria for relief from removal from the United States or from entering into removal proceedings to be eligible to receive deferred action for a period of 2 years, subject to renewal, and who will be eligible to apply for work authorization. Existing law provides for the regulation of immigration consultants by the Department of Consumer Affairs, the licensure and regulation of attorneys by the State Bar of California, and the commission of notaries public by the Secretary of State. A violation of certain of these provisions is a crime. This bill would provide that immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be the only individuals authorized to charge clients or prospective clients a fee for providing services associated with filing an application under the deferred action program. The bill also would prohibit immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals from participating in practices that amount to price gouging, as defined, when a client or prospective client solicits these services. By expanding the definition of a crime, this bill would impose a state-mandated local program. (2) Commencing January 1, 2013, state law provides that any federal document demonstrating favorable action by the federal government for acceptance of a person into this deferred action program shall satisfy specified requirements for the purposes of being authorized to receive an original driver's license from the Department of Motor Vehicles, as described. This bill would provide that these provisions also apply for the purposes of being authorized to receive a California identification card. (3) Existing law provides for unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. Existing law establishes the Unemployment Fund, a continuously appropriated fund, for the receipt of employer contributions and the payment of employment compensation benefits. Existing law makes it a crime for a person to commit various acts, including making or signing a false statement or supplying false information in connection with obtaining unemployment benefits, as specified. Existing law provides that unemployment compensation benefits, and other related benefits, as specified, shall not be payable on the basis of services performed by a person who is not a citizen of the United States, unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed. This bill would provide that, to the extent authorized by federal law, if a person has received a notice of decision from the federal government granting deferred action under the federal Deferred Action for Childhood Arrivals program and if that person performed the services while he or she was in receipt of a valid employment authorization from the federal government, he or she is a person who was lawfully present for purposes of performing the services and is eligible for unemployment compensation benefits, as specified. (4) The bill would state that the provisions of the bill are declarative of existing law. (5) 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. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 35?
AB 35 is sponsored by Roger Hernández.
What is the current status of AB 35?
This bill has been enacted into law. Introduced December 03, 2012. Enacted.
Where can I track AB 35?
Track AB 35 free on One Click Politics — get push/email alerts when it moves.

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