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AB-2597 Sanctuary State Contracting Act.(2019-2020)



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AB2597:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2597


Introduced by Assembly Member Bonta

February 20, 2020


An act to amend Section 100 of the Business and Professions Code, relating to the Department of Consumer Affairs. add Chapter 2.6 (commencing with Section 2100) to Part 1 of Division 2 of the Public Contract Code, relating to public contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2597, as amended, Bonta. Department of Consumer Affairs. Sanctuary State Contracting Act.
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 in state government, in the Business, Consumer Services, and Housing Agency, a Department of Consumer Affairs.

This bill would make nonsubstantive changes to that provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature hereby finds and declares all of the following:
(a) The state’s limited resources should be directed to matters of greatest concern to the state and local governments, which include ensuring the public safety of its residents.
(b) A relationship of trust between California’s immigrant residents and our state and local agencies is essential to carrying out basic state and local functions.
(c) Efforts to carry out mass deportations of California residents would be devastating to our state, and would inflict a terrible cost on our families and our communities.
(d) An economy based upon the for-profit confinement of people, and separation of children from their parents, is immoral.
(e) Diversity provides a strong foundation for California’s economic vitality, cultural vibrancy, and social character.
(f) The state has the right to measure the moral character of its business partners in determining with whom it seeks business relations.
(g) When private companies pursue financial enrichment by providing services that support mass deportations, state funds should be redirected to services that are of greater need and more closely aligned with California’s values.
(h) The state has the right to act as a market participant.
(i) President Donald J. Trump issued an executive order on January 25, 2017, titled “Border Security and Immigration Enforcement Improvements” that created heightened fear and insecurity among many immigrant communities within this state and across the nation.
(j) The state has a moral and legal obligation to protect its residents from persecution.
(k) Immigrants are valuable and essential members of the state.
(l) California enacted Senate Bill 54 of the 2017–18 Regular Session (Chapter 495 of the Statutes of 2017), making this state a “sanctuary state.”
(m) A registry of individuals identified by religion, national origin, or ethnicity, in a list, database, or registry, including that information, could be used by the government to persecute those individuals.
(n) President Trump has repeatedly signaled that he intends to require Muslims to register in a database.
(o) Trump advisers have invoked World War II Japanese American internment as a precedent for the proposed expansion of the registry.
(p) The United States Census Bureau turned over confidential information in 1943, including names and addresses, to help the United States government identify Japanese Americans during World War II for the purpose of relocation.
(q) President Trump has ordered a sweeping expansion of deportations and assigned unprecedented powers to United States Immigration and Customs Enforcement (ICE) officers targeting and terrorizing immigrant communities.
(r) President Trump has issued three executive orders banning entry from certain Muslim-majority countries.
(s) ICE’s Enforcement and Removal Operations issued a request for information on August 3, 2017, to obtain commercial subscription data services capable of providing continuous real-time information pertaining to 500,000 identities per month from sources such as state identification numbers, real-time jail booking data, credit history, insurance claims, telephone number account information, wireless telephone accounts, wire transfer data, driver’s license information, vehicle registration information, property information, payday loan information, public court records, incarceration data, employment address data, individual taxpayer identification number (ITIN) data, and employer records.
(t) The United States Department of Homeland Security published a new rule on September 18, 2017, authorizing the collection of social media information on all immigrants, including permanent residents and naturalized citizens.
(u) On September 8, 2017, ICE arrested hundreds of immigrants in intentionally targeted sanctuary cities.
(v) On February 14, 2020, the Trump administration announced that tactical agents from United States Customs and Border Protection will be specifically deployed to sanctuary cities and states to conduct arrests in the interior of the country.
(w) Between October 2014 and July 2018, the Office of Refugee Resettlement received a total of 4,556 allegations of sexual abuse of children in custody, 1,303 of which were referred to the United States Department of Justice.

SEC. 2.

 Chapter 2.6 (commencing with Section 2100) is added to Part 1 of Division 2 of the Public Contract Code, to read:
CHAPTER  2.6. Sanctuary State Contracting Act

2100.
 This chapter shall be known as the Sanctuary State Contracting Act.

2101.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Data broker” means either of the following:
(1) The collection of information, including personal information about individuals or consumers, from a wide variety of sources for the purposes of reselling that information to customers, which may include both private entities and governmental agencies, for the purpose of enforcing or administering federal immigration law.
(2) The aggregation of data that was collected for another purpose, but resold or used for the purpose of enforcing or administering federal immigration law.
(b) “Extreme vetting” means datamining, threat modeling, predictive risk analysis, or other similar services designed or used to identify people or groups, to create risk or threat models about people or groups, or to make determinations about the appropriateness, value, potential, security, risk, or any other characteristic of people or groups in the enforcement or administration of federal immigration law.
(c) “Federal immigration agency” means any department, subdivision, agency, or agent of the United States Immigration and Customs Enforcement, United States Customs and Border Protection, or Office of Refugee Resettlement, or any existing or successor agency tasked with fulfilling the same obligations.
(d) “Person” means any private natural person, any corporation, institution, subsidiary, affiliate, or division under operating control of that person, any parent entity that has operating control over that person, and any subsidiary, affiliate, or division under operating control of that parent entity. “Person” does not include any governmental entity or governmental employee.
(e) “State agency” means any state agency, as defined in Section 11000 of the Government Code, or an agent or designee of a state agency, with contracting authority.

2102.
 (a) Except as otherwise provided in subdivision (b) of Section 2103, a state agency shall not enter into a new, amended, or extended contract for goods or services with any person identified on the list published by the Department of General Services pursuant to subdivision (a) of Section 2103 as a person identified as providing data broker or extreme vetting services to a federal immigration agency or that fails to provide the certification described in subparagraph (B) of paragraph (3) of subdivision (a) of Section 2103.
(b) A state agency shall include notice of the prohibition in subdivision (a) in all public works, construction bids, requests for information, requests for proposals, or any other solicitation issued by the state agency.

2103.
 (a) (1) No later than January 1, 2022, the Department of General Services shall, using credible information available to the public, develop or contract to develop a list of persons that the department determines provide data broker or extreme vetting services to a federal immigration agency.
(2) The Department of General Services shall update the list described in paragraph (1) every 180 days.
(3) Before finalizing the initial list required pursuant to paragraph (1) or updating that list pursuant to paragraph (2), the Department of General Services shall do all of the following:
(A) Provide 90 days’ written notice of its intent to include a person on the list to that person. The notice shall inform the person that inclusion on the list would make that person ineligible to bid on, submit a proposal for, or enter into or renew a contract for goods or services with a state agency and that the person, if it ceases to provide data broker or extreme vetting services to a federal immigration agency, may become eligible for a future contract or contract renewal for goods or services with a state agency upon removal from the list.
(B) Provide a person proposed to be listed with an opportunity to comment in writing that it does not provide data broker or extreme vetting services to a federal immigration agency. 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, that person shall not be included on the list and shall be eligible to enter into or renew a contract for goods or services with a state agency, unless the person is otherwise ineligible to bid on a contract.
(C) Make every effort to avoid erroneously including a person on the list.
(4) The Department of General Services may impose a fee to provide copies of the list developed pursuant to this subdivision to cover the necessary, actual costs of creating and maintaining the list.
(b) Notwithstanding Section 2102, a state agency may allow a person who provides data broker or extreme vetting services to a federal immigration agency on a case-by-case basis to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods of services with the state agency if either of the following conditions apply:
(1) All of the following criteria are met:
(A) The agreement to provide data broker or extreme vetting services to a federal immigration agency was made before January 1, 2022.
(B) The agreement to provide data broker or extreme vetting services to a federal immigration agency has not been expanded or renewed on or after January 1, 2022.
(C) The Department of General Services determines that it is in the best interest of the state to contract with a person after first considering the intent and purpose of this chapter.
(D) The person has adopted and publicized and is implementing a formal plan to cease providing data broker or extreme vetting services to a federal immigration agency and refrain from doing so in the future.
(E) The Department of General Services makes the following written findings, which shall be publicly available and posted in a conspicuous manner on the department’s internet website:
(i) Absent an exemption pursuant to this subdivision, the state agency would be unable to obtain the goods or services for which the contract is offered.
(ii) The state agency would be unable to function without the goods or services.
(iii) The state agency will only enter into the contract with the person for the necessary goods or services.

2104.
 (a) (1) The Department of Justice may initiate and shall receive and investigate all complaints regarding violations of this chapter. After investigating a complaint received pursuant to this paragraph, the department shall issue written findings regarding any alleged violation and post those findings in a conspicuous manner on its internet website. If the department finds that a violation of this chapter has occurred, the department shall, within 30 days of making the finding, notify the state agency of the violation.
(2) The state agency shall cooperate with the department in any investigation of a violation of this chapter.
(b) The Department of Justice shall remedy any violation of this chapter upon becoming aware of the violation, and shall utilize all legal measures available to rescind, terminate, or void a contract awarded in violation of this chapter.

2105.
 (a) Any violation of this chapter constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this chapter.
(b) A court shall award a plaintiff who prevails in a cause of action under subdivision (a) reasonable attorney’s fees and costs.
(c) Any person knowingly or willingly making a false certification, whether on behalf of themselves or an entity or a state agency, pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 2103, is guilty of a misdemeanor and shall be subject to a fine of up to one thousand dollars ($1,000).

2106.
 The provisions of this chapter are to be construed broadly to effectuate the purposes of this chapter.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 100 of the Business and Professions Code is amended to read:
100.

There is in state government, in the Business, Consumer Services, and Housing Agency, the Department of Consumer Affairs.