Bill Summary – FastDemocracy

HB 15
                                  Department of Legislative Services
                                             Maryland General Assembly
                                                   2021 Session
                                         FISCAL AND POLICY NOTE
                                              Enrolled - Revised
House Bill 15                                   (Delegate Pena-Melnyk)
Appropriations                                             Education, Health, and Environmental Affairs
                                                                               and Budget and Taxation
                             Creating Governor's Office of Immigrant Affairs
This bill establishes the Governor’s Office of Immigrant Affairs to assist immigrants in the
State. The bill establishes the appointment, powers, duties, and responsibilities of both the
office and office director. The director must report to the Governor and the General
Assembly detailing the activities of the office.
                                                      Fiscal Summary
State Effect: General fund expenditures increase by $321,300 in FY 2022; future years
reflect annualization. Revenues are not affected.
      (in dollars)               FY 2022               FY 2023                FY 2024               FY 2025                FY 2026
   Revenues                               $0                    $0                     $0                    $0                     $0
   GF Expenditure                    321,300               366,000                376,000               388,100                400,500
   Net Effect                     ($321,300)            ($366,000)             ($376,000)            ($388,100)             ($400,500)
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: The bill is not anticipated to affect local government operations or finances.
Small Business Effect: None.
                                                             Analysis
Bill Summary: “ESOL program” means an English for Speakers of Other Languages
Program. “Immigrant” means an individual who is a resident of the State, is not a citizen
of the United States, and whose country of origin is a country other than the United States.
Governor’s Office of Immigrant Affairs – Responsibilities
Subject to the availability of funding, the office must advise the Governor on matters
relating to immigrants in Maryland. Specific responsibilities include:
      establishing a network of neighborhood-based opportunity centers that provide
       immigration services to immigrants;
      increasing access to ESOL programs, including by engaging nonprofit organizations
       and other qualified providers of ESOL programs;
      assisting immigrants in matters relating to immigration status, including assisting
       with the naturalization process and applications for Deferred Action for Childhood
       Arrivals (DACA);
      connecting immigrants to business resources that use immigrants’ skills,
       employment referral programs, and other workforce development programs;
      developing and leveraging immigrants’ skills to benefit the immigrants’
       communities and the State;
      strengthening the connection between immigrants communities through civic
       engagement;
      reducing exploitation of immigrants;
      establishing a toll-free, multilingual hotline and a website for purposes including
       disseminating information about the programs and services offered by the office,
       referring for services, and receiving complaints relating to fraud and other related
       crimes against immigrants;
      ensuring that individuals referred by the office are directed to persons who are in
       compliance with the Maryland Immigration Consultant Act, or authorized by the
       Federal Office of Legal Access Programs;
      using information developed by the office through the hotline, to assist law
       enforcement in combating crimes against immigrants;
      advising the Governor and the director concerning matters affecting immigrants in
       the State in order to promote and encourage the full participation of immigrants in
       the State’s civic and economic life;
      coordinating with other State agencies and otherwise using the resources of the State
       to serve the needs of immigrants; and
      encouraging and assisting local governments in the development of activities to
       enhance civic engagement among immigrants and in immigrant communities.
Reporting Requirements
By June 15, 2022, and annually thereafter, the director must submit a report to the Governor
and the General Assembly describing the activities of the office, including (1) summaries
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of calls and queries received through the hotline and website; (2) information on ESOL
programs provided by the office; (3) the estimated or exact number of immigrants assisted
through opportunity centers; (4) the status of any workforce development programs; and
(5) any other relevant information.
Current Law:
Governor’s Office of Community Initiatives
The Governor’s Office of Community Initiatives coordinates community and volunteer
service activities in the State, and develops and coordinates the Governor’s policy agenda
affecting community programs and initiatives. The office also advises the Governor on
policies to enhance and improve the delivery of community and volunteer services, in
addition to coordinating the Governor’s ethnic and cultural commissions. The commissions
include:
      Governor’s Commission on African Affairs;
      Governor’s Commission on Asian Pacific American Affairs;
      Governor’s Commission on Hispanic Affairs;
      Governor’s Commission on South Asian American Affairs;
      Maryland Commission on African American History and Culture; and
      Maryland Commission for Indian Affairs.
Maryland Office for Refugees and Asylees
The Maryland Office for Refugees and Asylees (MORA), within the Department of Human
Services, provides support and services to federally recognized refugees and political
asylees to ease their integration into American society. MORA works with public and
private service providers to plan, administer, and coordinate transitional services aimed at
helping refugees become self-sufficient as quickly as possible.
Deferred Action for Childhood Arrivals
In 2012, the U.S. Department of Homeland Security issued the DACA policy (pursuant to
an executive order) to allow young unauthorized immigrants who are low-enforcement
priorities to remain in the country. DACA does not grant an individual legal immigration
status or provide a pathway to citizenship, but it does provide individuals with a temporary
lawful status. To be eligible for DACA, an individual must meet specified requirements
including (1) being younger than age 31 as of June 15, 2012; (2) having arrived in the
United States prior to the age of 16; and (3) either being currently in school or having
graduated or obtained a certificate of completion from high school, having a GED, or
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having been honorably discharged from the Coast Guard or Armed Forces. Individuals
eligible for DACA must not have been convicted of a felony, significant misdemeanor,
three or more other misdemeanors, or otherwise pose a threat to national security or public
safety.
State Expenditures: General fund expenditures increase by $321,286 in fiscal 2022,
which accounts for the bill’s October 1, 2021 effective date. This estimate reflects the cost
of establishing and maintaining the required multilingual hotline and website and
four additional positions (one director to lead the office, one immigration attorney to assist
immigrants with legal issues, and two administrative assistants). It includes salaries,
fringe benefits, one-time start-up costs, and ongoing operating expenses.
         Positions                                                              4
         Salaries and Fringe Benefits                                    $255,981
         One-time Technology Set-up Costs                                   6,500
         Ongoing Hotline and Website Costs                                 38,000
         Operating Expenses                                                20,805
         Total FY 2022 State Expenditures                                $321,286
Future year expenditures reflect full salaries with annual increases and employee turnover
and ongoing operating expense.
                                Additional Information
Prior Introductions: None.
Designated Cross File: SB 85 (Senator Rosapepe) - Education, Health, and
Environmental Affairs and Budget and Taxation.
Information Source(s): Anne Arundel, Baltimore, Garrett, Howard, and Montgomery
counties; City of Laurel; Governor’s Office; Department of Budget and Management;
Department of Legislative Services
Fiscal Note History:      First Reader - January 26, 2021
rh/hlb                    Third Reader - March 22, 2021
                          Enrolled - May 10, 2021
                                 Revised - Amendment(s) - May 10, 2021
Analysis by: Thomas S. Elder                            Direct Inquiries to:
                                                        (410) 946-5510
                                                        (301) 970-5510
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Statutes affected: 
Text - First - Governor's Office of Immigrant Affairs: 93-301 State Government, 93-302 State Government, 93-303 State Government, 93-304 State Government
Text - Third - Governor's Office of Immigrant Affairs: 93-301 State Government, 93-302 State Government, 93-303 State Government, 93-304 State Government
Text - Enrolled - Creating Governor's Office of Immigrant Affairs: 93-301 State Government, 93-302 State Government, 93-303 State Government, 93-304 State Government