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Implementing the Federal Personal Responsibility and Work Opportunity Reconciliation Act
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August 1998
Q.
What is the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996?
A.
In 1996, the Federal Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) was signed into law. The PRWORA requires government agencies in the United States to eliminate public benefits to individuals who cannot provide proof of their legal status in the U.S. "Public benefits" include a broad range of services and programs, including "any" professional... or commercial license... provided by an agency of a State." In August 1996, Governor Wilson signed Executive Order W-135-96, calling upon California's state agencies, departments, boards, and commissions to implement provisions in a non-discriminatory manner "as expeditiously and as reasonably practicable." A subsequent review identified over 200 state programs affected by the new law.
Q.
How will PRWORA impact applicants and licensees?
A.
The Federal law mandates and the Governor's Executive Order requires the Department of Consumer Affairs (DCA) to verify citizenship or legal residence status of all those licensed, registered, and/or certified by DCA's twenty-seven semi-autonomous boards, four bureaus and three programs. When the program is implemented, new applicants will be required to submit proof of legal status in the United States. Individuals with existing licenses will be required to submit proof of legal status at their next renewal. Because DCA is responsible for more than 2.1 million licensees in over 200 professions, incremental implementation is necessary.
Q.
When will the requirement be implemented?
A.
New regulations must be filed and approved by the Office of Administrative Law before they can be implemented. Implementing the requirement to submit proof of legal status in the U.S. is anticipated to begin in November 1998. Specific dates will be announced to applicants and licensees by each board, bureau, committee, commission, and program. Since the requirement will include a verification of documents, it's the intent of DCA to make this requirement a fair, accurate, and timely process for all applicants and licensees.
Q.
What documents will be accepted as proof of legal status in the U.S.?
A.
The most common document used for proof of legal status in the U.S. is a birth certificate. In most instances, applicants and licensees will be able to obtain a certified copy of the birth certificate through the county recorder's office where they were born, or from the Office of Vital Statistics in the state where they were born. Attached is a listing of telephone numbers for the Office of Vital Statistics for all states, and the U.S. Territories, and Possessions. Besides a birth certificate, a number of other documents are acceptable for establishing proof of legal status in the U.S. A list of acceptable documents is attached.
Q.
When will the documents need to be submitted?
A.
As previously indicated, each board, bureau, committee, commission, and program will notify their respective applicants and licensees when the documents will need to be submitted for verification. However, since it may take weeks to obtain a copy of a birth certificate, and several months to obtain other documents, it is advisable to begin obtaining them as early as possible. This preplanning will help ensure minimal delays on the applicants' or licensee's part to process the application or renewal for licensure. Please plan early to avoid processing delays!
Q.
Where can additional information be obtained regarding the new federal requirement?
A.
If you have any questions or need additional information regarding the new requirement, please contact the licensing unit of your board, bureau, committee, commission, or program. Telephone numbers are located in the yellow pages of your local telephone book, or are listed on DCA's web site.

