Existing law requires the governing board of a school district to determine the method of payment for construction contracts, including progress payments for completed portions of the work or for materials delivered on the ground or stored subject to the control of the board and unused. This bill would require the governing board or body of a local educational agency, as defined, to ensure that the contract or contracts for any construction project, as defined, taking place during school hours include security provisions that limit access to the construction site and keep unauthorized individuals off school property. To the extent the additional contract terms would impose additional duties on local educational agencies or other local entities or officials, the bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law imposes taxes upon income and real property, and taxes upon certain transactions and excise taxes. The Fee Collection Procedures Law provides procedures for the collection of certain fees and surcharges and is administered by the California Department of Tax and Fee Administration (CDTFA) . Under existing law, a violation of the Fee Collection Procedures Law is a crime. This bill would, beginning July 1, 2028, establish the Private Detention Facility Tax Law, which would impose an annual tax on each private detention facility operator, as defined, equal to 25% of the operator's gross income, as defined, for the prior fiscal year, as defined. The bill would establish the Due Process for All Fund in the State Treasury, except as provided, and would require all revenues collected, less refunds and reimbursement to the CDTFA, be deposited into the fund. In the event that Assembly Bill 2465 is enacted, the bill would instead require all revenues be deposited into the Due Process for All Fund as established by that bill. The bill would direct moneys in the fund, upon appropriation by the Legislature, be used for immigration-related services. The bill would require the CDTFA to administer and collect the tax pursuant to the Fee Collection Procedures Law. By expanding the application of the crimes associated with the Fee Collection Procedures Law, the bill would impose a state-mandated local program. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. 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. This bill would take effect immediately as a tax levy.
Existing law prohibits an employer or any other person from engaging in, or directing another person to engage in, an unfair immigration-related practice against a person for the purpose of, or with the intent of, retaliating against any person for exercising a right protected under state labor and employment laws or under a local ordinance applicable to employees, as specified. Existing law authorizes a civil action for equitable relief and damages or penalties, as specified, by an employee or other person who is the subject of an unfair immigration-related practice. This bill would expand the above-described prohibition to include retaliating against any person for exercising any right under any local, state, or federal statute or regulation applicable to employees, as defined, and would prohibit preventing a person from exercising such a right. The bill would also prohibit an employer or any other person from engaging in any other conduct, related to any person's perceived immigration status, that would reasonably tend to dissuade a person from engaging in conduct that the person has a legal right to engage in under any local, state, or federal statute or regulation applicable to employees, or to induce a person to engage in conduct that the person has a legal right to abstain from under any local, state, or federal statute or regulation applicable to employees. The bill would make an employer or other person who violates these provisions liable for a civil penalty not exceeding $10,000 per employee or person for each violation, as specified. The bill would also make related and conforming changes to these provisions.
Existing law authorizes designated health care services providers, employees, volunteers, and patients, and individuals who face threats of violence or violence or harassment from the public because of their affiliation with a designated health care services facility, to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participant's residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Existing law defines "designated health care services" to mean gender-affirming health care services or reproductive health care services. Under existing law, any person who makes a false statement in an application is guilty of a misdemeanor. Existing law prohibits a person, business, or association from knowingly publicly posting or publicly displaying, disclosing, or distributing on internet websites or on social media, the personal information or image of any designated health care services patient, provider, or assistant, or other individuals residing at the same home address, with the intent to incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, as specified, or to threaten the person identified in the posting or display, or a coresident of that person, as specified. Existing law additionally prohibits a person, business, or association from soliciting, selling, or trading on the internet or social media the personal information or image of a designated health care services patient, provider, or assistant with the intent described above. Existing law establishes a cause of action for injunctive or declarative relief for a violation of these prohibitions. Existing law prohibits a person from posting on the internet or social media, with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against a designated health care services patient, provider, or assistant, or other individuals residing at the same home address, the personal information or image of a reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address. This bill would, commencing October 1, 2027, similarly establish an address confidentiality program for a designated immigration support services provider, employee, or volunteer, as defined, who faces threats of violence or harassment from the public because of their affiliation with a designated immigration support services facility. This bill would additionally prohibit a person, business, or association from soliciting, selling, or trading on the internet the personal information or image of a designated immigration support services provider, employee, or volunteer with the intent described above. The bill would also, among other things, prohibit a person from posting on the internet the personal information or image of a designated immigration support services provider, employee, or volunteer, or other individuals residing at the same home address, with the specific intent that another person imminently use that information to commit a crime involving violence or a threat of violence that is likely to occur against such an individual. The bill would define various terms for these purposes. By imposing new duties on local agencies and creating new crimes, this bill would create a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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 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.
Existing law, the Medical Practice Act, establishes the Medical Board of California to license and regulate the practice of medicine. Former law, repealed as of January 1, 2025, established the Licensed Physicians and Dentists from Mexico Pilot Program, which allowed up to 30 licensed physicians and up to 30 licensed dentists from Mexico to practice medicine or dentistry in California for a period not to exceed 3 years, in accordance with certain requirements. Existing law, operative January 1, 2025, instead, establishes within the act the Licensed Physicians from Mexico Program, which authorizes the board to issue a limited number of nonrenewable 3-year physician's and surgeon's licenses to licensed physicians from Mexico who meet specified criteria. This bill would require the board to issue a full and unrestricted physician's and surgeon's license to a person who has completed 2 3-year terms of the Licensed Physicians from Mexico Program or the former Licensed Physicians and Dentists from Mexico Pilot Program in good standing upon satisfaction of specified requirements, including having an offer of continued employment from a health care facility or practice in California. This bill would establish the California Physician Expansion Act, which would require the board to issue a provisional license to an applicant who holds a full and unrestricted license to practice medicine in another country who meets specified requirements, including that the applicant has not committed any acts or crimes constituting grounds for denial of a certificate, as specified. In this regard, the bill would require the board to submit to the Department of Justice fingerprint images and related information required by the department of all applicants for a provisional license to determine whether the applicant has a criminal conviction record, as specified, and would require the department to provide a state- and federal-level response pursuant to specified provisions for the board to determine whether the applicant is subject to denial of licensure, as specified. The bill would make the provisional license valid for 3 years and would authorize the board to grant a one-time renewal for an additional period of up to 3 years, as specified. The bill would require a provisional licensee to, among other things, be employed by, and practice medicine only within, a sponsoring entity, as specified. The bill would authorize the board to revoke a provisional license or take any other disciplinary action deemed appropriate by the board, as specified. The bill would deem a provisional licensee applicant who meets specified requirements, including having completed at least 36 months of practice under the provisional license without any disciplinary actions, to meet the professional instruction, preliminary education, and postgraduate training requirements for a certificate under the Medical Practice Act. The bill would require the board to establish application, initial licensure, renewal, and conversion fees for the provisional license, as specified. The bill would make findings and declarations relating to its provisions.
Existing law establishes a public school financing system that requires state funding for county superintendents of schools, school districts, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the local control funding formula, in part, to be based on average daily attendance, as defined. For purposes of state apportionments based on average daily attendance, as provided, if the average daily attendance of a school district, county office of education, or charter school has been materially decreased during a fiscal year because of a specified type of emergency, existing law requires the Superintendent of Public Instruction to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred, as provided. This bill would, until July 1, 2029, add an immigration enforcement activity, as defined, to the list of emergencies for which the above-described provisions related to calculating average daily attendance for purposes of state apportionments apply, as provided. The bill would, for purposes of these provisions related to calculating average daily attendance for purposes of state apportionments, prohibit a school district, county office of education, or charter school from being credited for more than 10 days of missed attendance for a pupil due to an immigration enforcement activity. For affidavits submitted to the Superintendent for emergency events occurring after September 1, 2021, but on or before June 30, 2026, that resulted in a school closure or material decrease in attendance, existing law requires a school district, county office of education, or charter school that provides an affidavit to the Superintendent to certify that it has a plan for which independent study will be offered to pupils, as provided, and requires that plan to comply with certain requirements, including, among other things, that independent study is offered to any impacted pupil within 10 instructional days of the first day of a school closure or material decrease in attendance. This bill would, for affidavits submitted to the Superintendent for an immigration enforcement activity that occurred on or after January 1, 2025, but on or before June 30, 2026, that resulted in a school closure or material decrease in attendance, require a school district, county office of education, or charter school that provides an affidavit to the Superintendent to additionally require the independent study plan to either (1) require the offering of live interaction or synchronous instruction to pupils, as provided, or (2) provide a description of both the extenuating circumstances that prevent the offering of live interaction or synchronous instruction and a description of what pupil engagement, services, and instruction will be provided to support pupils during or immediately after the period of closure or material decrease in attendance. The bill would, as applied to the above-described provisions for calculating average daily attendance for purposes of state apportionments and related affidavits certifying independent study plans, exempt from the California Public Records Act any documentation related to an immigration enforcement activity submitted to the Superintendent by a school district, charter school, county office of education, or county superintendent of schools, as provided. The bill would make these provisions inoperative on July 1, 2029, and would repeal them as of January 1, 2030. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law requires the court, prior to the acceptance of a plea of guilty or nolo contendere, to advise the defendant that if they are not a citizen, conviction of the crime charged may result in deportation, exclusion from admission to the United States, or denial of naturalization. After January 1, 1978, if the court fails to advise the defendant, as required, and the defendant shows that conviction of the offense to which the defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the court, on the defendant's motion, is required to vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. This bill would require the court to give the above-described advisement verbatim and would clarify the advisement to state that if the defendant is not a citizen of the United States, conviction may result in the specified immigration consequences. The bill would state that for a plea accepted prior to January 1, 2026, it is not the intent of the Legislature that a court's failure to provide the advisement verbatim requires vacation of judgment and withdrawal of the plea or constitutes grounds for finding a prior conviction invalid, as specified.
Existing law requires the Attorney General to develop model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, public libraries, courthouses, specified health facilities, shelters, and other specified state agencies. This bill would similarly require the Attorney General, on or before July 1, 2026, and in consultation with appropriate stakeholders, to publish model policies relating to interaction with immigration enforcement, consistent with federal and state law, and to publish guidance and recommendations for databases operated by state and local agencies to limit the availability of information in those databases for the purposes of immigration enforcement, consistent with federal and state law. The bill would require state and local agencies to implement the model policies on or before January 1, 2027, as specified. By imposing new duties on local agencies, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits, except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency from collecting information or documents regarding citizenship or immigration status of pupils or their family members. Existing law requires the governing board or body of a school district, county office of education, or charter school to perform specified actions relating to pupils and immigration status, including, among others, providing information to parents and guardians, as appropriate, regarding their children's right to a free public education, regardless of immigration status or religious beliefs. This bill would require the governing board or body of a local educational agency to post specified information related to immigration enforcement in the administrative buildings and on the internet websites of the local educational agency and each of its schoolsites, as provided. To the extent the bill imposes additional duties on local educational agencies, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 234.7 of the Education Code proposed by AB 49 to be operative only if this bill and AB 49 are enacted and this bill is enacted last. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
