BILL NUMBER: AB 35	INTRODUCED
INTRODUCED BY   Assembly Member Roger Hernández
An act to add Section 22449 to the Business and Professions Code,
to amend Section 12801.6 of the Vehicle Code, and to add Section
10001.7 to the Welfare and Institutions Code, relating to childhood
arrivals.
AB 35, as introduced, Roger Hernández. Deferred action for
childhood arrivals.
(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,
and notaries public 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, and notaries public 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
(3) Existing law provides for various public benefits, including,
but not limited to, public social services such as CalWORKs,
Medi-Cal, and CalFresh. Existing law provides that funds are
continuously appropriated from the General Fund for the state's share
of certain public social services programs, such as CalWORKs.
Existing law also provides for unemployment compensation benefits to
eligible persons who are unemployed through no fault of their own.
This bill would, to the extent permitted by federal law and
contingent on the appropriation of funds, provide that a person who
has received a notice of decision from the federal government
granting deferred action under the deferred action program shall be
eligible for public benefits, including, but limited to,
state-administered medical assistance and unemployment compensation
benefits, to the same extent that a legal resident of California is
eligible for those benefits. By increasing county duties by expanding
eligibility for certain public social services, the bill would
impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
SECTION 1.  Section 22449 is added to the Business and Professions
Code, to read:
22449.  (a) Immigration consultants, attorneys, and notaries
public shall be the only individuals authorized to charge clients or
prospective clients fees for providing consultations, legal advice,
or notary public services, respectively, associated with filing an
application under the deferred action for childhood arrivals program
announced by the United States Secretary of the Department of
Homeland Security on June 15, 2012.
(b) (1) Immigration consultants, attorneys, and notaries public
shall be prohibited from participating in practices that amount to
price gouging when a client or prospective client solicits services
associated with filing an application for deferred action for
childhood arrivals as described in subdivision (a).
(2) For the purposes of this section, "price gouging" means any
practice that has the effect of pressuring the client or prospective
client to purchase services immediately because purchasing them at a
later time will result in the client or prospective client paying a
higher price for the same services.
(c) (1) In addition to the civil and criminal penalties described
in Section 22445, a violation of this section by an attorney shall be
cause for discipline by the State Bar pursuant to Chapter 4
(commencing with Section 6000) of Division 3.
(2) In addition to the civil and criminal penalties described in
Section 22445, a violation of this section by a notary public shall
be cause for the revocation or suspension of his or her commission as
a notary public by the Secretary of State and the application of any
other applicable penalties pursuant to Chapter 3 (commencing with
Section 8200) of Division 1 of Title 2 of the Government Code.
SEC. 2.  Section 12801.6 of the Vehicle Code is amended to read:
12801.6.  (a) Any federal document demonstrating favorable action
by the federal government for acceptance of a person into the
deferred action for childhood arrivals program shall satisfy the
requirements of Section 12801.5.
(b) The department may issue an original driver's license  or
California identification card  to the person who submits proof
of presence in the United States as authorized under federal law
pursuant to subdivision (a) and either a social security account
number or ineligibility for a social security account number.
SEC. 3.  Section 10001.7 is added to the Welfare and Institutions
10001.7.  (a) Notwithstanding any other law, a person who has
received a notice of decision from the federal government granting
deferred action under the deferred action for childhood arrivals
program announced by the United States Secretary of the Department of
Homeland Security on June 15, 2012, shall be eligible for public
benefits, including, but not limited to, state-administered medical
assistance and unemployment compensation benefits, to the same extent
that a legal resident of California is eligible for those benefits.
(b) Except for unemployment compensation benefits, eligibility for
benefits under subdivision (a) shall not be contingent on receipt of
employment authorization from the federal government.
(c) This section shall be implemented only to the extent permitted
by federal law, including, but not limited to, Section 1621(d) of
Title 8 of the United States Code.
(d) This section shall be implemented only if, and to the extent
that, funds are appropriated by the Legislature for purposes of this
section in the annual Budget Act or in another statute.
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.