Sen. Ricardo Lara

Existing law requires the court, when imposing a sentence for a serious felony, in addition and consecutive to the term imposed for that serious felony, to impose a 5-year enhancement for each prior conviction of a serious felony. Existing law generally authorizes a judge, in the interests of justice, to order an action dismissed, but precludes a judge from striking any prior serious felony conviction in connection with imposition of the 5-year enhancement. This bill would delete the restriction prohibiting a judge from striking a prior serious felony conviction in connection with imposition of the 5-year enhancement described above and would make conforming changes. The bill would make additional technical nonsubstantive changes.

(1) Existing law authorizes the Department of Motor Vehicles to issue an identification card to any person attesting to the true full name, correct age, and other identifying data as certified by the applicant for the identification card ready detection. This bill would require that information or documents obtained by a city, county, or other local agency for the purpose of issuing a local identification card be used only for the purposes of administering the identification card program or policy. The bill would exempt the information from disclosure under the California Public Records Act and prohibit disclosure of that information, except as provided. The bill would declare that this provision addresses a matter of statewide concern and would apply to charter cities and charter counties. By imposing new duties on local officials with respect to collecting, maintaining, and disclosing personal information, this bill would impose a state-mandated local program. (2) Existing law requires that each application for an original or a renewal of a driver's license contain specified information. Under existing law, any document provided by the applicant to the department for purposes of proving his or her identity, true, full name, California residency, or that the applicant's presence in the United States is authorized under federal law, is not a public record and the department is prohibited from disclosing this information except when requested by a law enforcement agency as part of an investigation. This bill would instead prohibit the department from disclosing this information except in response to a subpoena for individual records in a criminal proceeding or a court order, or in response to a law enforcement request to address an urgent health or safety need, as specified. (3) Existing law requires the Department of Motor Vehicles to issue an original driver's license to a person who is unable to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law if he or she meets all other qualifications for licensure and provides satisfactory proof to the department of his or her identity and California residency. Under existing law, it is a violation of specified antidiscrimination provisions for a state or local governmental authority, agent, or person acting on behalf of a state or local governmental authority, or a program or activity that is funded directly or receives financial assistance from the state, to discriminate against an individual because he or she holds or presents a license issued pursuant to these provisions. This bill would specify that discrimination for these purposes includes notifying a law enforcement agency of the individual's identity or that the individual carries a license issued under these provisions if a notification is not required by law or would not have been provided if the individual held a license that required satisfactory proof that his or her presence in the United States is authorized under federal law. Existing law specifies that information collected under this provision is not a public record and prohibits disclosure, except as required by law. This bill would specify that documents provided by applicants to prove identity or residency shall not be disclosed except in response to a subpoena for individual records in a criminal proceeding or pursuant to a court order, or in response to a law enforcement request to address an urgent health or safety need, as specified. Existing law prohibits use of a driver's license issued under these provisions to consider an individual's citizenship or immigration status as a basis for an investigation, arrest, citation, or detention. This bill would instead prohibit use of a driver's license issued under these provisions as evidence of an individual's citizenship or immigration status for any purpose. (4) Federal law, the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) , provides that certain persons are not eligible for defined state and local public benefits unless a state law is enacted subsequent to the effective date of the act, August 22, 1996, that affirmatively provides for that eligibility. Existing law authorizes a city, county, city and county, or hospital district to provide aid, including health care, to persons who, but for the above-referred provision of the federal PRWORA, would meet the eligibility requirements for any program of that entity. This bill would authorize the state, a city, county, city and county, or hospital district, as specified, to collect information for these purposes only as strictly required to assess eligibility for, or to administer, public services or programs, and exempt that information from disclosure under the California Public Records Act, except as required by law or as required by a federal or state court order, or to the state or local public health officer to carry out the duties of investigation, control, surveillance of disease, as determined by the state or local public health agency. (5) 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. (6) 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. (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 no reimbursement is required by this act for a specified reason.

The Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. Existing law provides for moneys collected as fees pursuant to the act to be deposited in the Alcohol Beverage Control Fund, with those moneys generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature. This bill, beginning January 1, 2021, and before January 2, 2026, would require the Department of Alcoholic Beverage Control to conduct a pilot program that would authorize the department to issue an additional hours license to an on-sale licensee located in a qualified city which would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the qualified city in which the licensee is located. The bill would impose specified fees related to the license to be deposited in the Alcohol Beverage Control Fund. The bill would require the applicant to notify specified persons of the application for an additional hours license and would provide a procedure for protest and hearing regarding the application. The bill would require the Department of the California Highway Patrol and each qualified city that has elected to participate in the program to submit reports to the Legislature and specified committees regarding the regional impact of the additional hours licenses, as specified. The bill would provide that any person under 21 years of age who enters and remains in the licensed public premises during the additional serving hours without lawful business therein is guilty of a misdemeanor, as provided. The pilot program would apply to Cathedral City, Coachella, Long Beach, Los Angeles, Oakland, Palm Springs, Sacramento, San Francisco, and West Hollywood. This bill would impose a state-mandated local program by creating new crimes. 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 make legislative findings and declarations as to the necessity of a special statute for the qualified cities.

Existing law provides that citizens of the state are all persons born in the state and residing in it, except the children of transient aliens and of alien public ministers and consuls, and all persons born out of the state who are citizens of the United States and residing within the state. This bill would instead provide that citizens of the state are all persons born in the state and residing in it, except the children of alien public ministers and consuls, and all persons born out of the state who are citizens of the United States and residing within the state. Existing law prohibits a person from holding a civil office if, at the time of election or appointment, the person is not 18 years of age and a citizen of the state, as defined. This bill would instead provide that a person is eligible to hold an elective civil office if, at the time of election, the person is 18 years of age and a citizen of the state. The bill would also provide that a person, regardless of citizenship or immigration status, is eligible to hold an appointed civil office if the person is 18 years of age and a resident of the state. The bill would provide that a person appointed to civil office, regardless of citizenship or immigration status, may receive any form of compensation that the person is not otherwise prohibited from receiving pursuant to federal law, including, but not limited to, any stipend, grant, or reimbursement of personal expenses that is associated with carrying out the duties of that office.

Existing law requires a business to take all reasonable steps to dispose of customer records within its custody or control containing personal information, including information that identifies a particular individual, such as his or her name, address, physical characteristics, or description, when the records are no longer to be retained by the business. Existing law also prohibits a public or private employer from providing voluntary consent to an immigration enforcement agent to access, review, or obtain the employer's employee records without a subpoena or judicial warrant. This bill would, except as specified, prohibit specified entities that offer lodging, or any employee or agent thereof, from disclosing, producing, providing, releasing, transferring, disseminating, or otherwise communicating all or any part of a guest record, as defined, orally, in writing, or by electronic or any other means to a 3rd party, other than a California peace officer, without a court-issued subpoena, warrant, or order, as specified. The bill would also similarly prohibit an owner or operator of a private or charter bus transportation company, or any employee or agent thereof, from disclosing, producing, providing, releasing, transferring, disseminating, or otherwise communicating all or any part of a passenger manifest, as defined, orally, in writing, or by electronic or any other means to a 3rd party, other than a California peace officer, without a court-issued subpoena, warrant, or order, as specified.

(1) Existing law governs professions and vocations that are regulated by various boards within the Department of Consumer Affairs. Existing law requires those boards, the State Bar of California, and the Department of Real Estate to require a licensee, at the time of issuance of a license, to provide specified information, including his or her social security number or individual taxpayer identification number. Existing law provides that the applicant's social security number or individual taxpayer identification number information is not a public record and is not open to the public for inspection. This bill would prohibit a licensing board from requiring an individual to disclose either citizenship status or immigration status for purposes of licensure, or from denying licensure to an otherwise qualified and eligible individual based solely on his or her citizenship status or immigration status. (2) Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to adopt regulations requiring every applicant for a credential, or for the renewal of a credential, to submit reasonable evidence of identification and good moral character. This bill, among other things, would require the commission, no later than July 1, 2019, to authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number. (3) Existing law obligates a parent to support his or her child. Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, which administers services and performs functions necessary to establish, collect, and distribute child support. Existing law requires each county to maintain a local child support agency that has the responsibility, among other things, to promptly and effectively establish, modify, and enforce child support obligations. Existing federal law requires the state and county to maintain specified personal information on obligors, including taxpayer identification numbers or other uniform identification numbers for the purposes of administering and enforcing child support obligations. This bill would modify the personal information of obligors required to be maintained by the state and county to include individual taxpayer identification numbers or other uniform identification numbers, and would make other conforming changes. By increasing the administrative obligations placed on local child support agencies, the bill would impose a state-mandated local program. (4) Existing law provides for the licensure and regulation of various clinical laboratory personnel and health care professionals, including, but not limited to, the Certified Hemodialysis Technician, certified nurse assistant, certified home health aide, and radiologic technician, by the State Department of Public Health, and makes a violation of those provisions a crime. This bill would require the State Department of Public Health, no later than July 1, 2019, to require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate, as specified. The bill, among other things, would prohibit the State Department of Public Health from requiring an applicant to disclose citizenship status or immigration status for purposes of licensure, or from denying licensure to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status. (5) Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, establishes the Emergency Medical Services Authority (authority) , which is responsible for establishing training, scope of practice, and continuing education for emergency medical technicians and other prehospital personnel, including Emergency Medical Technician-I (EMT-I) , Emergency Medical Technician-II (EMT-II) , and Emergency Medical Technician-Paramedic (EMT-P) , and makes a violation of these provisions a crime. Existing law authorizes each county to designate an emergency medical services (EMS) agency, for the establishment and administration of an emergency medical services program, including the licensure of emergency medical technicians, in the county. Existing law provides for the authority's sole responsibility to license and regulate paramedics. This bill would require the authority, no later than July 1, 2019, to require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal certificate with the authority, local EMS agency, or certifying entity. The bill, among other things, would prohibit the authority, local EMS agency, and certifying entity from requiring an applicant to disclose citizenship status or immigration status for purposes of licensure, or from denying certification to an otherwise qualified and eligible applicant based solely on his or her citizenship status or immigration status. Because a willful violation of requirements related to the application for a certificate or the renewal of a certificate issued by the State Department of Public Health, the authority, or the local EMS agency would be a crime, the bill would impose a state-mandated local program. (6) The bill would state the Legislature's intent to utilize the individual taxpayer identification number or social security number for the purpose of establishing identification of persons applying for individual certificates or credentials. The bill would make a related finding and declaration. (7) This bill would incorporate additional changes to Section 30 of the Business and Professions Code proposed by AB 3249 to be operative only if this bill and AB 3249 are enacted and this bill is enacted last. (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.

The existing federal Indian Gaming Regulatory Act of 1988 provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the tribal-state gaming compacts entered into between the State of California and the following Indian tribes: the La Jolla Band of Luiseño Indians, the Mechoopda Indian Tribe of Chico Rancheria, the San Pasqual Band of Mission Indians, the Torres-Martinez Desert Cahuilla Indians, and the Twenty-Nine Palms Band of Mission Indians. The bill would also ratify the amendment to the tribal-state gaming compact between the State of California and the Dry Creek Rancheria Band of Pomo Indians, executed on August 1, 2018, and the amendment to the tribal-state gaming compact between the State of California and the Karuk Tribe, executed on August 1, 2018. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts and amended compacts are not projects for purposes of CEQA. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires the Department of Industrial Relations, by interagency agreement with the State Department of Public Health, to establish a repository of current data on toxic materials and harmful physical agents in use or potentially in use in places of employment in the state. That repository is known as the Hazard Evaluation System and Information Service (HESIS) . Existing law requires the HESIS, among other things, to provide information and collect and evaluate data relating to possible hazards to employees resulting from exposure to toxic materials or harmful physical agents. Existing law establishes the Division of Occupational Safety and Health within the Department of Industrial Relations and requires the division to, among other things, monitor, analyze, and propose health and safety standards for workers. This bill would require the State Department of Public Health to consider a report from a laboratory of an employee's blood lead level at or above 25 micrograms per deciliter to be injurious to the health of the employee and to report that case within 5 business days to the Division of Occupational Safety and Health. The bill would further require that the above-described report constitute a serious violation and would subject the employer or place of employment to an investigation, as provided, by the division, and would require the division to make any citations or fines imposed as a result of the investigation publicly available on an annual basis.

Existing law prohibits specified conduct inside public buildings owned and occupied, or leased and occupied, by the state. Existing law provides that a judicial officer has the power to preserve and enforce order in judicial proceedings and to compel obedience to judicial orders, as specified. This bill would clarify the power of judicial officers to prevent activities that threaten access to courthouses, including by protecting the privilege from arrest. The bill would provide that no person shall be subject to civil arrest in a courthouse while attending a court proceeding or having legal business in the courthouse, and that a violation of these provisions constitutes contempt of court. The bill would also authorize the Attorney General to bring a civil action to obtain equitable and declaratory relief for a violation of this section, and it would allow a party in a successful action to enforce liability for a violation of this section to recover court costs and reasonable attorney's fees. By expanding the scope of an existing crime, 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 provides for the licensure and regulation of alcoholism or drug abuse recovery or treatment facilities serving adults by the State Department of Health Care Services. Existing law restricts a licensee from operating an alcoholism or drug abuse recovery or treatment facility beyond the conditions and limitations specified on the license. This bill would prohibit specified persons, programs, or entities, including, among others, a licensed alcoholism or drug abuse recovery and treatment facility, or an employee of that facility, from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcoholism or drug abuse recovery and treatment services. The bill would authorize the department to investigate and impose specified sanctions for violations of this prohibition, or regulations adopted to implement this prohibition, including, among others, assessing a penalty or revoking a license. The bill would authorize the department to implement these provisions by provider bulletins, written guidelines, or similar instructions from the department until regulations are adopted.