(1) For purposes of state apportionments to public schools, if the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of a specified event, including an epidemic, 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. This bill would revise the above-described triggering event to be an epidemic, pandemic, or outbreak of infectious disease, and would provide that the various specified triggering events apply to decreases in average daily attendance due to illness, quarantine, social isolation, and social distancing, absences taken as preemptive measures, independent study and distance learning requests, and pupils who are absent due to quarantine, but cannot provide the appropriate documentation. Existing law requires each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to provide for each needy pupil, as defined, one nutritionally adequate free or reduced-price meal during each schoolday, and authorizes them to use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil. The Charter Schools Act of 1992 requires a charter school to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each schoolday, except as provided. This bill would require each school district or county superintendent of schools maintaining any kindergarten or any of grades 1 to 12, inclusive, to continue to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each day that, had it not been declared a state of emergency or a major disaster, would have been considered a schoolday, except for family daycare homes that are required to be reimbursed for 75% of the meals served. The bill would require a charter school also to continue to provide each needy pupil with one nutritionally adequate free or reduced-price meal during each day that, had it not been declared a state of emergency or a major disaster, would have been considered a schoolday. The bill would require meals to be distributed, with an option to deliver to the home of each needy pupil, in a manner that complies with local, state, and federal agency guidelines regarding the declared state of emergency or major disaster. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. (2) Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. A tenant is subject to an unlawful detainer action if the tenant continues to possess the property without permission of the landlord in specified circumstances, including when the tenant has violated the lease or rental agreement by defaulting on rent. A landlord commences an unlawful detainer action by filing and serving the defendant with a complaint. The California Emergency Services Act authorizes the Governor to declare a state of emergency, and local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist, and authorizes the Governor or the appropriate local government to exercise certain powers in response to that emergency. This bill would, during a state-declared state of emergency, establish a moratorium of the collection of rent from a tenant that is a small business and a moratorium on the filing of an unlawful detainer action due to a default in the payment of rent against a small business, as defined. (3) Under the Small Business Financial Assistance Act of 2013, the California Infrastructure and Economic Development Bank, within the Governor's Office of Business and Economic Development, administers specific programs relating to small business, either administered directly by the bank or under contract with small business financial development corporations. This bill would require the California Infrastructure and Economic Development Bank, during a state-declared public health state of emergency or a prolonged medical emergency or natural disaster, to provide zero-interest rate loans directly to small businesses and nonprofit organizations affected by the emergency or disaster, as specified, from the California Small Business Expansion Fund, a continuously appropriated fund. The bill would require the bank to establish an application process and a selection criteria for the loans awarded pursuant to these provisions. (4) Under existing law, the Healthy Workplaces, Healthy Families Act of 2014, an employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days, as specified. Existing law requires an employee to accrue paid sick days at the rate of not less than one hour per every 30 hours worked subject to specified use and accrual limitations. This bill, in the event of a state-declared public health state of emergency, including the COVID-19 pandemic, would provide each employee with paid sick days for immediate use, regardless of how long the employee has been employed. The bill would provide a full-time salaried employee paid sick days in an amount sufficient to provide the employee with 14 continuous days away from work, and would provide a part-time or hourly employee with paid sick days in an amount equal to the number of hours that the employee was scheduled to work, or, if not scheduled to work, regularly works in a 14-day period, as specified. The bill would authorize an employee to use those paid sick days to care for a family member affected by the public health crisis, to care for a child because of a school closing related to the public health crisis, or because the employee has been affected by the public health crisis. This bill would, upon appropriation by the Legislature, require the Department of Industrial Relations to establish a program to provide paid sick days for family care and medical leave due to a public health crisis to independent contractors and day laborers. The bill would require the program to provide paid sick days in an amount equal to the number of hours that the independent contractor or day laborer was scheduled to work or, if not scheduled, regularly works in a 14-day period, as specified. The bill would require the department to establish an application process for independent contractors and day laborers to apply for the paid sick days provided under these provisions. (5) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, gas corporations, and water corporations. Existing law prohibits an electrical, gas, or water corporation from terminating residential service (A) during the pendency of an investigation by the utility of a customer or subscriber dispute or complaint, (B) when a customer has been granted an extension of the period for payment of a bill, or (C) on the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the utility with respect to all charges that the customer is unable to pay prior to delinquency. Existing law requires that a customer that meets the requirements of (C) , upon request, be permitted to amortize, over a period not to exceed 12 months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal period for payment. Existing law requires that a residential customer who has, before termination of service, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full within the normal period for payment, be given an opportunity for review of the request by a review manager of the utility and that the review include consideration of whether the customer will be permitted to amortize any unpaid balance of the delinquent account over a reasonable period of time, not to exceed 12 months. Existing law prohibits termination of the service of any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period. Existing law authorizes the furnishing of utility services by publicly owned entities that are subject to control by their governing bodies, including municipal corporations, municipal utility districts, and public utility districts. Existing law places restrictions upon a municipal corporation, municipal utility district, or public utility district that provides light, water, power, or heat from terminating service identical to those above-described restrictions that are applicable to electrical, gas, and water corporations. This bill would prohibit an electrical corporation, gas corporation, water corporation, municipal corporation, municipal utility district, or public utility district from terminating residential or small commercial electrical, gas, or water service for nonpayment for the first 3 billing cycles following a state of emergency or major disaster, as defined, for a customer that may have been affected by the emergency or major disaster, except in compliance with the bill's requirements. The bill would require those utilities, following a state of emergency or major disaster, to include a notice in the first 3 billing statements made to those residential and small commercial customers that may have been affected by the state of emergency or major disaster, informing those customers that if, as a result of conditions associated with the state of emergency or major disaster, the customer suffered financially and is unable to pay for service in full within the normal period for payment, the customer may apply for an amortization agreement or other extension, to pay the unpaid balance within a reasonable period of time, not to exceed 12 months. The bill would require the utility to grant an extension or amortization request if the residential or small commercial customer represents to the utility that the customer suffered financially as a result of the conditions associated with the state of emergency or major disaster and that as a result the customer is unable to pay for service in full within the normal period for payment. The bill would prohibit the utility from terminating the service of any customer complying with an amortization agreement or other extension, if the customer also keeps the account current as charges accrue in each subsequent filling period following the first 3 billing statements made following the state of emergency or major disaster. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements with respect to an electrical, gas, or water corporation would be a crime, the bill would impose a state-mandated local program by creating a new crime. By placing additional requirements upon municipal corporations, municipal utility districts, and public utility districts, the bill would impose a state-mandated local program. (6) The Irrigation District Law authorizes the formation of irrigation districts and authorizes those districts to provide various utility services, including providing water service and the generation, transmission, distribution, and sale of electricity for use inside or outside the boundaries of the district. Existing law authorizes an irrigation district to refuse service to any land if outstanding charges for services already rendered to that land have not been paid within a reasonable time. Existing law authorizes the formation of municipal water districts, county water districts, and California water districts and authorizes those districts to adopt ordinances fixing the charges for the furnishing of commodities or services, to enforce district rules or regulations pertaining to the sale or distribution of water, and to petition the superior court for the issuance of an order stopping or disconnecting a service if the charges for that service are unpaid at the time specified in an ordinance, rule, or regulation. This bill would prohibit an irrigation district from terminating residential or small commercial electrical or water service, and would prohibit a municipal water district, county water district, or California water district from terminating residential or small commercial water service for nonpayment for the first 3 billing cycles following a state of emergency or major disaster for a customer that may have been affected by the emergency or major disaster, except in compliance with the bill's requirements, which are identical to the obligations and restrictions that the bill places upon an electrical corporation, gas corporation, water corporation, municipal corporation, municipal utility district, and public utility district. (7) This bill would declare that its provisions are severable. (8) 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.
Sponsored bills
(1) Existing law creates the Metropolitan Transportation Commission as a local area planning agency for the 9-county San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities. Existing law creates various transit districts located in the San Francisco Bay area, with specified powers and duties relative to providing public transit services. Existing law establishes the Transportation Agency consisting of various state agencies under the supervision of an executive officer known as the Secretary of Transportation, who is required to develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, and coordinated planning and policy formulation in the matters of public interest related to the agency. This bill would declare the intent of the Legislature to enact subsequent legislation that would create a transportation network manager for the 9-county San Francisco Bay area to, among other things, integrate all aspects of public transit within the 9-county San Francisco Bay area and provide leadership and accountability in planning, coordinating, and financing the transportation network. The bill would establish a 19-member Bay Area Seamless Transit Task Force to recommend to the Legislature the structure, governance, and funding of the transportation network manager and the organizational structure, governance, and funding for San Francisco Bay area transportation agencies, and other reforms to the San Francisco Bay area's local, regional, and state public agencies, that should be enacted in future legislation to maximize the effectiveness of the public transit system in the San Francisco Bay area. The bill would require the Secretary of Transportation to convene the task force by April 1, 2021. The bill would require the Metropolitan Transportation Commission to provide staffing to the task force to aid it in the performance of its duties, and would require the Legislative Analyst's Office to advise the task force in the performance of its duties. The bill would require the task force to submit a report to the Legislature on or before January 1, 2023, of its findings and recommendations and a summary of its activities. The bill would repeal these provisions on January 1, 2027. (2) Existing law requires the Metropolitan Transportation Commission, in coordination with a specified regional transit coordinating council, to adopt rules and regulations to promote the coordination of fares and schedules for all public transit systems within its jurisdiction. This bill would require the commission, in consultation with transit agencies, on or before January 1, 2022, (A) to create standardized discount categories and eligibility requirements for fare discount programs for seniors, students, youth, and other rider categories, and (B) to create a multimodal, multiagency pilot program to implement an accumulator pass that may be used with one regional rail agency and at least one transit agency. The bill would require the regional rail agency and the transit agency or agencies selected to participate in the pilot program to offer the accumulator pass to the public on or before July 1, 2022. The bill would require the commission to prepare a plan, on or before July 1, 2023, to deploy the Clipper card payment system on passenger trains operated on the Capitol Corridor and on passenger trains operated by the Altamont Corridor Express. The bill would require the commission, in the next upgrade to the Clipper card payment system, to enable customers to pay for paratransit, parking at transit stations, and employer and educational institution transit discount programs. The bill would require the commission on or before January 1, 2022, to submit a copy of a specified transit fare study undertaken by the commission to certain committees of the Legislature and the Bay Area Seamless Transit Task Force. The bill would require the commission to submit a report on or before January 1, 2023, to those entities on the progress of implementing the recommendations of that study. (3) Existing law authorizes the Metropolitan Transportation Commission to improve service coordination and effectiveness in specified transit corridors by recommending improvements in those corridors, including the reduction of duplicative service and institution of coordinated service across public transit system boundaries. This bill would require the commission, in consultation with transit agencies, on or before July 1, 2023, to develop a comprehensive, standardized regional transit mapping and wayfinding system and to develop an implementation and maintenance strategy and funding plan for deployment of the system. The bill would require a transit operator in the San Francisco Bay area to use open data standards to make available all routes, schedules, and fares in a specified data format and to track actual transmission of real-time information by transit vehicles and report that information to the commission to ensure that schedule predictions are available. The bill would require the commission to coordinate these activities and to develop an implementation and funding plan for deployment of these capabilities. (4) The California Global Warming Solutions Act of 2006 establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. Existing law requires designated regional transportation planning agencies to prepare and adopt a regional transportation plan. Certain of these agencies are also designated under federal law as metropolitan planning organizations. Existing law requires a regional transportation plan to include specified elements, and, if the transportation planning agency is also a metropolitan planning organization, to also include a sustainable communities strategy or alternative planning strategy, which is designed to achieve certain targets for 2020 and 2035 established by the state board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region. This bill would require the Metropolitan Transportation Commission to develop and adopt targets for reducing vehicle miles traveled per capita and for increasing the travel mode share of public transit and active modes of transportation in the San Francisco Bay area that are consistent with, or exceed, state climate goals and other goals and standards for improving air quality in the region. The bill would require the commission to develop a comprehensive set of performance indicators for those targets, and would require the commission to annually report to the Transportation Agency and the state board on the progress the region is making towards meeting those targets. The bill would require the commission to establish a capital project development review process on or before January 1, 2023, and, as part of the process to, among other things, specify the project deliverables that will be evaluated to determine if a project is eligible to be included in the regional transportation plan or to receive an allocation of state or regional funds. (5) Existing law authorizes a regional transportation agency or the Department of Transportation to apply to the California Transportation Commission to develop and operate high-occupancy toll lanes or other toll facilities. The bill would require, on or before January 1, 2022, the Metropolitan Transportation Commission, in partnership with the Department of Transportation and the operators of managed lanes in the San Francisco Bay area, to take specified steps to ensure the regional managed lanes network supports seamless operation of high-capacity transit. (6) By imposing new duties on local agencies, this bill would impose a state-mandated local program. (7) 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, subject to certain exceptions, prohibits state and local law enforcement agencies, including school police and security departments, from using money or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, as specified, and, subject to certain exceptions, proscribes other activities or conduct in connection with immigration enforcement by law enforcement agencies. Existing law requires, by October 1, 2018, the Attorney General, in consultation with the appropriate stakeholders, to publish model policies limiting assistance with immigration enforcement to the fullest extent possible for use by public schools, public libraries, health facilities operated by the state or a political subdivision of the state, and courthouses, among others. Existing law requires, among others, all public schools, health facilities operated by the state or a political subdivision of the state, and courthouses to implement the model policy, or an equivalent policy. Existing law also requires law enforcement agencies to report to the Department of Justice (DOJ) annually regarding transfers of persons to immigration authorities and requires the Attorney General to publish guidance, audit criteria, and training recommendations regarding state and local law enforcement databases, for purposes of limiting the availability of information for immigration enforcement, as specified. This bill, the Sanctuary State Contracting Act, would, subject to specified exceptions, prohibit a state agency from entering into a new, amended, or extended contract or agreement with any person that appears on a list published by the Department of General Services (DGS) of persons that DGS determines provide data broker or extreme vetting services to a federal immigration agency. The bill would define various terms for these purposes. The bill would require DGS to develop or contract to develop the list no later than January 1, 2022, and to update it every 180 days thereafter, in accordance with specified requirements, including providing a person proposed to be included on the list with notice and an opportunity to provide comment, as provided. If the person certifies under penalty of perjury that the person does not provide data broker or extreme vetting services to a federal immigration agency, the bill would prohibit DGS from including that person on the list. The bill would authorize DOJ to initiate, and require it to receive and investigate, all complaints regarding violations of these provisions and require DOJ to issue written findings regarding alleged violations and notify any affected state agency. The bill would make a violation of its provisions subject to specified civil and criminal penalties. By expanding the scope of the crime of perjury, and by imposing additional criminal penalties for violation of these provisions, this 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 no reimbursement is required by this act for a specified reason.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in this state. This bill would establish the California Ban on Scholarship Displacement Act of 2020, which would prohibit each public and private institution of higher education that receives, or benefits from, state-funded financial assistance or enrolls students who receive state-funded student financial assistance from reducing a student's institution-based financial aid award below the student's financial need, as specified. The bill would make its provisions severable, as specified.
Existing law creates the Metropolitan Transportation Commission as a local area planning agency for the 9-county San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities. Existing law creates various transit districts located in the San Francisco Bay area, with specified powers and duties relative to providing public transit services. This bill would require the commission, Department of Transportation, and certain transit entities to jointly identify, plan, and deliver a comprehensive set of operational, transit, and infrastructure investments for the San Francisco-Oakland Bay Bridge corridor, which would be known collectively as the Bay Bridge Fast Forward Program. The bill would require the commission, department, and certain transit operators, on or before January 1, 2022, to jointly submit to the Legislature a comprehensive plan to improve bus and very high occupancy vehicle speed and travel time reliability along the San Francisco-Oakland Bay Bridge corridor. The bill would authorize the commission and department, on and after January 1, 2024, if a specified travel speed reliability performance target for the San Francisco-Oakland Bay Bridge corridor has not been met for a consecutive 6-month period, to, as a year-long pilot program, designate a lane on the San Francisco-Oakland Bay Bridge exclusively for use by buses and very high occupancy vehicles during specified time periods, and would require the commission, department, and certain transit operators to jointly submit to the Legislature a report on the pilot program's efficiency. The bill would require the department to obtain federal approval or waivers, as necessary, to implement these provisions. This bill would make legislative findings and declarations as to the necessity of a special statute for the San Francisco-Oakland Bay Bridge corridor. By imposing new requirements on local entities, this 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.
(1) Existing law, the California Values Act, prohibits a California law enforcement agency from providing a person's release date, or responding to a request for notification of a release date, unless that information is available to the public, and prohibits the transfer of an individual to immigration authorities, as specified, unless the person has been convicted of specified crimes or arrested for a serious or violent felony. This bill would instead prohibit a law enforcement agency from providing an immigration authority with information regarding a person's release date or responding to a notification request by providing a release date for the individual or other information in all circumstances. If release dates are available online, the bill would require that the information be released only upon providing the individual's first and last name and would require the person requesting the information to indicate, under penalty of perjury, that the information is not being accessed for immigration purposes. By expanding the existing crime of perjury, this bill would impose a state-mandated local program. The bill would also prohibit a law enforcement agency from complying with a subpoena from an immigration authority seeking information for immigration enforcement purposes unless it is signed by a federal judge or federal magistrate judge. The bill would prohibit a law enforcement agency from transferring an individual to an immigration authority or facilitating or assisting with a transfer request. The bill would prohibit a law enforcement agency from providing an immigration authority with access to a nonpublic area of a facility for immigration enforcement purposes. The bill would remove authority to give immigration authorities access to interview an individual who is in custody. (2) Existing law allows a law enforcement agency to investigate, enforce, or detain or arrest an individual who is deportable for specified criminal activity that is detected during an unrelated law enforcement activity. This bill would delete that authorization. (3) Existing law allows a law enforcement agency to conduct enforcement or investigative duties associated with a joint law enforcement task force with federal law enforcement if the primary purpose of the joint task force is not immigration enforcement. This bill would remove that authority if a purpose of the joint task force is immigration enforcement. (4) Existing law requires the agency to report annually to the Department of Justice the number of transfers it makes to immigration authorities and the offenses that allowed for the transfer. This bill would instead require the law enforcement agency to report the number of immigration hold requests, transfer requests, notification requests, and civil immigration warrants the agency has received, the number the agency responded to, and the reason for each response. By expanding the duties of local law enforcement agencies, this bill would impose a state-mandated local program. (5) Existing law requires the Attorney General to annually report on the total number of arrests made by joint law enforcement task forces and the total number of arrests made for the purpose of immigration enforcement by all task force participants. This bill would require the Attorney General to report the number of immigration hold requests, transfer requests, notification requests, and civil immigration warrants each law enforcement agency has received, the number each agency has responded to, and the reason for each response. The bill would require the Attorney General to report the number of joint law enforcement taskforces each agency has been involved in, the federal and California law enforcement agencies involved in each, and the total number of arrests made for the purpose of immigration enforcement. (6) Existing law prohibits the Department of Corrections and Rehabilitation from restricting access to in-prison educational or rehabilitative programming or credit-earning opportunities on the sole basis of citizenship or immigration status, or from considering citizenship or immigration status as a factor in determining a person's classification level. This bill would also prohibit the department from detaining a person on the basis of a hold request, providing an immigration authority with release date information, responding to a notification request, transferring an individual to an immigration authority , or facilitating or assisting with a transfer request regarding an individual who is eligible to be released after serving time for offenses that were committed when the person was 25 years of age or younger. The bill would prohibit the department from detaining an individual on a hold request from an immigration authority, allowing parole agents to facilitate or assist an immigration authority with immigration enforcement, or requesting an immigration authority to place a hold, notification, or transfer request on a person based on information that the person was born in a foreign country. (7) 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.
The California Emergency Services Act, among other things, establishes the Office of Emergency Services within the office of the Governor, under the charge of a Director of Emergency Services appointed by the Governor. The act and other existing laws set forth the duties and authority of the office and the director, with respect to specified emergency preparedness, mitigation, and response activities within the state. This bill would require the office to prepare for the planning, resourcing, management, and delivery of safety and security at the potential 2026 FIFA World Cup hosting sites in the City of Los Angeles and the San Francisco Bay area. The bill would require the office, no later than one year from the date the final selection of host cities is made, to enter into a memorandum of understanding with the cities hosting the 2026 FIFA World Cup games, the chosen host committees, and with other necessary parties to implement those safety and security activities. The bill would repeal these provisions on January 1, 2027. 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 provides specified requirements to ensure uniform recording, reporting, storage, analysis, and dissemination of criminal offender record information by criminal justice agencies in the state. Existing law authorizes a criminal justice agency to destroy the original records maintained pursuant to those provisions if the records have been reproduced onto another storage medium, as specified. Existing law requires that if a record has been reproduced onto optical disk, that the original record be retained for at least one year, as specified, before destruction. This bill would instead require that if a record has been reproduced onto optical disk, that the original record be retained for at least 16 months, as specified, before destruction.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education located throughout the state. Existing law authorizes the trustees to require the payment of fees, rents, deposits, and charges for services, facilities, or materials provided by the trustees. Existing law establishes the California Promise, which requires at least 20 individual campuses of the California State University to establish a California Promise program through which each campus would enter into a pledge with a student who satisfies specified criteria to support the student in earning a baccalaureate degree in limited time. Existing law establishes the California College Promise, under the administration of the Chancellor of the California Community Colleges, to provide funding, upon appropriation by the Legislature, to each community college meeting prescribed requirements. Existing law authorizes a community college to use that funding to waive some or all of the fees for 2 academic years for certain first-time students. This bill would prohibit the charging of tuition or mandatory systemwide fees for enrollment at a campus of the California State University for any academic year, up to 2 academic years, to a California Community College resident transfer student who has completed an associate degree for transfer or has received a fee waiver pursuant to the California College Promise. Upon appropriation by the Legislature, the bill would require the Chancellor of the California State University to distribute funding to each campus participating in the California Promise to offset the costs of waiving tuition and mandatory systemwide fees to transfer students pursuant to this bill.
(1) Existing law requires that all records related to United States Immigration and Customs Enforcement (ICE) access provided by local law enforcement be public records. Existing law requires the local governing body of a county, city, or city and county in which a local law enforcement agency has provided ICE access to an individual to hold at least one community forum to provide information to the public about ICE access and to receive and consider public comment. Existing law authorizes a local law enforcement agency to provide the governing body with data it maintains as part of this public forum requirement. This bill would make the provision of information by a local law enforcement agency to a governing body mandatory, and would delete the limitation on information to information that the agency already maintains. The bill would require the local law enforcement agency to provide both aggregate and disaggregated data and would expand the categories of information that are required to be provided, as specified, and would require the data to be maintained and reported on an annual basis. The bill would require the public meeting held by the local governing body to be separate and apart from other regularly scheduled meetings and dedicated solely to the issue of immigration authority access. If a law enforcement agency did not provide any immigration authority access in the preceding year, the bill would require the local law enforcement agency to post a statement to that effect on its internet website. By imposing additional duties on local governing bodies and local law enforcement agencies, this bill would impose a state-mandated local program. (2) Existing law requires a local law enforcement entity to provide an individual in local law enforcement custody with notice of a hold, notification, or transfer request from ICE and to inform the individual of whether the agency intends to comply with the request. If the local law enforcement agency provides ICE with notification that a person is being released on a certain date, existing law requires the agency to promptly provide the same notification in writing to the individual and the individual's attorney. This bill would require notice of the hold, notification, or transfer request to be provided to the detained individual within 24 hours and would additionally prohibit a local law enforcement agency from complying with a notification and transfer request if the request was not served on the individual within 24 hours of receipt. The bill would allow a detained individual to bring a private cause of action for monetary damages in an amount of no less than $10,000 and reasonable attorney's fees and for equitable or declaratory relief in a court of competent jurisdiction against a local law enforcement agency or law enforcement official that violates these provisions. 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. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.