Bill Text: CA AB1113 | 2019-2020 | Regular Session | Amended


Bill Title: Office of Immigrant and Refugee Affairs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1113 Detail]

Download: California-2019-AB1113-Amended.html

Amended  IN  Assembly  March 18, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1113


Introduced by Assembly Member Chiu

February 21, 2019


An act to amend Section 65050 of to amend Sections 12800 and 65050 of, and to add Article 15 (commencing with Section 12839) to Chapter 1 of Part 2.5 of Division 3 of, the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 1113, as amended, Chiu. Statewide Director of Immigrant Integration: refugees. Office of Immigrant and Refugee Affairs.
Existing law designates 8 agencies in state government and requires the secretary of an agency to be generally responsible for the sound fiscal management of each department, office, or other unit within the agency. Existing law further requires the secretary of an agency to, among other duties, continually seek to improve the organization structure, the operating policies, and the management information systems of each department, office, or other unit.
This bill would establish the Office of Immigrant and Refugee Affairs as an agency within state government, to be headed by a secretary who is appointed by the Governor and subject to Senate confirmation. The bill would declare the intent of the Legislature to incorporate future and existing programs created to assist immigrants and refugees into the office. The bill would transfer the property of any office, agency, or department that relates to functions transferred to the Office of Immigrant and Refugee Affairs by these provisions to the Office of Immigrant and Refugee Affairs, and would transfer the unencumbered balance of any appropriation and any other funds that were available for use in connection with any function transferred to the Office of Immigrant and Refugee Affairs. The bill would create the Immigrant and Refugee Integration Fund in the state treasury, and make the moneys available in the fund available to the secretary of the office to administer the duties of the office.
This bill would establish the duties and responsibilities of the Office of Immigrant and Refugee Affairs, which includes, among other duties, establishing a permanent structure within the state to serve immigrants, assisting other state agencies in evaluating their programs for accessibility and effectiveness in providing services to immigrants and refugees, and recommending policy and budget mechanisms for meeting immigrant and refugee integration goals.
Existing law establishes the Statewide Director of Immigrant Integration and requires the director serve as the statewide lead for the planning and coordination of immigrant services and policies in California. Existing law requires, among other things, that the director develop a comprehensive statewide report on programs and services that serve immigrants, develop an online clearinghouse of immigrant services, resources, and programs, and monitor the implementation of statewide laws and regulations that service immigrants.
This bill would rename the director as the Statewide Director of Immigrant and Refugee Integration. The bill would require the director to report to the Governor and the Legislature on programs and services that serve immigrants and refugees by January 1, 2021, and require the director to provide a statewide plan for better implementation and coordination of immigrant and refugee assistance policies and programs. The bill would require the director to incorporate refugee services, resources, and programs into the online clearinghouse by January 1, 2021 and would require the director to monitor statewide laws and regulations that service refugees, in addition to immigrants.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12800 of the Government Code is amended to read:

12800.
 (a) There are in the state government the following agencies: Business,

Consumer Services, and Housing; Transportation; California Environmental Protection; California Health and Human Services; Labor and Workforce Development; Natural Resources; Government Operations; and Corrections and Rehabilitation.

(1) Business, Consumer Services, and Housing.
(2) Transportation.
(3) California Environmental Protection.
(4) California Health and Human Services.
(5) Labor and Workforce Development.
(6) Natural Resources.
(7) Government Operations.
(8) Corrections and Rehabilitation.
(9) Office of Immigrant and Refugee Affairs.
(b) The secretary of an agency shall be generally responsible for the sound fiscal management of each department, office, or other unit within the agency. The secretary shall review and approve the proposed budget of each department, office, or other unit. The secretary shall hold the head of each department, office, or other unit responsible for management control over the administrative, fiscal, and program performance of his or her their department, office, or other unit. The secretary shall review the operations and evaluate the performance at appropriate intervals of each department, office, or other unit, and shall seek continually to improve the organization structure, the operating policies, and the management information systems of each department, office, or other unit.

SEC. 2.

 Article 15 (commencing with Section 12839) is added to Chapter 1 of Part 2.5 of Division 3 of Title 2 of the Government Code, to read:
Article  15.  Office of Immigrant and Refugee Affairs

12839.
 (a) There is hereby created in state government the Office of Immigrant and Refugee Affairs, to be headed by a secretary. The governor shall appoint the secretary, subject to Senate confirmation. The secretary shall serve at the pleasure of the Governor.
(b) The Governor may appoint two chief deputy secretaries of the Office of Immigrant and Refugee Affairs, subject to Senate confirmation. The chief deputy secretaries shall hold office at the pleasure of the secretary.

12839.1.
 For purposes of this article:
(a) “Office” means the Office of Immigrant and Refugee Affairs.
(b) “Secretary” means the individual appointed pursuant to subdivision (a) of Section 12839.

12839.2.
 (a) It is the intent of the Legislature to incorporate future and existing programs created specifically to assist immigrants and refugees into the Office of Immigrant and Refugee Affairs.
(b) Any property of any office, agency, or department that relates to functions transferred to the Office of Immigrant and Refugee Affairs by the act adding this section is hereby transferred to the Office of Immigrant and Refugee Affairs. If any doubt arises as to whether that property is required to be transferred, the Department of General Services shall determine whether any property is required to be transferred pursuant to this subdivision.
(c) Any unencumbered balance of any appropriation and any other funds that were available for use in connection with any function, or the administration of any law, transferred to the Office of Immigrant and Refugee Affairs by the act adding this section shall be transferred to the Office of Immigrant and Refugee Affairs for the use and for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to whether any funds are required to be transferred, the Department of Finance shall determine whether the transfer is required pursuant to this subdivision.

12839.3.
 The Immigrant and Refugee Integration Fund is hereby established in the State Treasury. Moneys in the fund shall be available to the secretary, upon appropriation by the Legislature, for expenditure by the office to defray its expenses for administering this article.

12839.4.
 The secretary shall have the following duties:
(a) Develop a mission statement, strategic plan, and matrix of success for the office.
(b) Establish a permanent structure within the state to serve immigrants and refugees.
(c) Assist other state agencies in evaluating their programs for accessibility and effectiveness in providing services to immigrants and refugees.
(d) Coordinate integration efforts among state agencies and recommend policy and budget mechanisms for meeting immigrant and refugee integration goals.
(e) Engage stakeholders inside and outside of government to identify key integration opportunities and challenges, and to communicate the critical importance of immigrant and refugee integration for the success of immigrants, refugees, their children, the communities in which they settle, and of the nation as a whole.
(f) Develop and execute grant programs that directly support capacity building and training among state agencies and state and local communities through technical assistance, training, organizing, and other programs.
(g) Identify effective practices and successful modes of delivering services to immigrant and refugee communities.
(h) Evaluate the need for improvements in the implementation and coordination of public policies relating to immigrant and refugee communities.
(i) (1) Make policy recommendations to the Governor and Legislature.
(2) (A) The office is expressly authorized to inform the Legislature of its position on any legislative proposal pending before the Legislature and to urge the introduction of legislative proposals.
(B) The office is expressly authorized to state its position and viewpoint on issues developed in the performance of its duties and responsibilities as specified in this chapter.
(j) Coordinate with local immigrant affairs offices to streamline services and maximize their impact.
(k) Create a clearinghouse of information and referral systems for services available to immigrants.
(l) Monitor the implementation of passed legislation across different sectors as it relates to immigrants and refugees.
(m) Engage the federal government and federal agencies, when appropriate, to maximize effectiveness of services provided to immigrants and refugees.
(n) (1) Report to the Legislature on a biannual basis on successes and challenges in meeting immigrant and refugee integration goals.
(2) Any report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.

SECTION 1.SEC. 3.

 Section 65050 of the Government Code is amended to read:

65050.
 There is hereby established a Statewide Director of Immigrant and Refugee Integration. The director shall be appointed by and serve at the pleasure of the Governor. The director shall serve as the statewide lead for the planning and coordination of immigrant and refugee services and policies in California. The duties of the Statewide Director of Immigrant and Refugee Integration shall include, but are not limited to, all of the following:
(a) Develop comprehensive statewide report on programs and services that serve immigrants and refugees, regardless of legal presence. The report shall include all of the following:
(1) Federal and state laws, regulations, and policies that create programs or authorize the access or participation of immigrants and refugees, including those without legal presence.
(2) Programs and services currently managed by a state agency or department to support California immigrants and refugees, such as naturalization services and other immigrant and refugee assistance programs, and the agency or department responsible for administering the funding or implementing the program.
(b) By January 1, 2021 2021, report to the Governor and the Legislature on the programs and services described in subdivision (a) and a statewide plan for better implementation and coordination of immigrant and refugee assistance policies and programs.
(c) (1) By July 10, 2017, develop and maintain an online clearinghouse of immigrant services, resources, and programs.
(2) By January 1, 2021, the director shall incorporate refugee services, resources, and programs into the clearinghouse required in paragraph (1).
(d) Monitor the implementation of statewide laws and regulations that serve immigrants and refugees.

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