Immigration (Detention)

Existing law generally provides various benefits, including grant programs and tax credits. Existing law, the California Values Act, generally prohibits California law enforcement agencies from using their moneys or personnel for immigration enforcement purposes, except as specified. This bill would prohibit a business entity that is directly invested in, owns, operates, or manages a private detention facility, or that contracts with the federal government for immigration enforcement purposes, as specified, from receiving any state-provided grant or loan, as specified. The bill would also prohibit a disqualified taxpayer, as defined, from receiving any tax credits, except as provided. The bill would define "disqualified taxpayer" to mean a taxpayer that is directly invested in, owns, operates, or manages a private detention facility, or a taxpayer that contracts with a private detention facility or agency engaging in immigration enforcement, as specified. The bill would not apply these provisions to a provider of health care, as defined, that contracts with a private detention facility or agency engaging in immigration enforcement, as specified. The bill would establish the Due Process for All Fund and would require the Controller to transfer each year from the General Fund to the Due Process for All Fund the amount of tax collected that is attributable to business entities being made ineligible for tax credits by this bill. The bill would make moneys in the fund available upon appropriation by the Legislature for immigration-related services and programs. 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.

Existing law prohibits a city, county, city and county, or public agency from approving or signing a deed, instrument, or other document related to a conveyance of land or issuing a permit for the building or reuse of existing buildings by any private corporation, contractor, or vendor to house or detain noncitizens for purposes of civil immigration proceedings, unless the city, county, city and county, or public agency has given notice to the public of the proposed conveyance or permitting action at least 180 days before execution of the conveyance or permit and solicited and heard public comments on the proposed conveyance or permit action in at least 2 separate meetings open to the public. This bill would revise and recast those provisions to prohibit a city, county, city and county, or public agency from approving or executing, among other documents, any document signifying the public entity's approval for the building or reuse of existing buildings by any private corporation, contractor, or vendor to house or detain a person for purposes of civil immigration custody before the public entity has given notice to the public of the proposed action 180 days before execution or approval of the proposed action, promptly provided access to any documents related to the proposed action, as provided, and solicited and heard public comments on the proposed action in at least 2 separate meetings open to the public. The bill would prescribe the contents, the posting and publication, and the broadcast of the public notice. The bill would also prescribe the conduct of the meetings. The bill would make these provisions apply to a charter city and independently to a public entity. 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.

Existing law generally regulates the business of renting passenger vehicles to the public. The law prohibits a rental company from taking various actions, including requiring the purchase of a damage waiver, optional insurance, or another optional good or service, and using electronic surveillance technology to track a renter in order to impose fines or surcharges relating to the renter's use of a rental vehicle. This bill would require any privately owned vehicle rented by, or furnished to, any federal, state, or local law enforcement agency for the use of detaining, arresting, or transporting persons who have violated, or are suspected of having violated, any law, to display a temporary decal displaying the agency name and logo, as specified. The bill would authorize certain attorneys, including the Attorney General, to pursue a civil action against the entity renting the vehicle from the private owner for failure to comply with these provisions. The bill would require the rental car contract to include a term that compliance with state law is mandatory. The bill would exempt privately owned vehicles rented or otherwise furnished or loaned to a law enforcement agency for specified purposes and rental car contracts entered into prior to January 1, 2027, from these provisions. The bill would make related findings and declarations.