reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 16 - Relocation Assistance › Section 7276.

7276. (a) If a resolution is adopted under Section 1245.330 of the Code of Civil Procedure consenting to the acquisition of property by eminent domain and the person authorized by the resolution to acquire the property by eminent domain acquires the property by purchase, eminent domain, or otherwise, that person shall provide relocation advisory assistance and shall make any of the payments required to be made by public entities pursuant to the provisions of this chapter in conformity with this chapter and the guidelines adopted by the Commission of Housing and Community Development pursuant to Section 7268.
(b) This section does not apply to public utilities which are subject to the provisions of Article 6 (commencing with Section 600) of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code or to public entities which are subject to this chapter.
(Amended by Stats. 1989, Ch. 828, Sec. 13.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 16 - Relocation Assistance › Section 7277.

7277. (a) The requirement to provide relocation assistance and benefits imposed by this chapter shall not apply to a purchase of property which is offered for sale by the owner, property being sold at execution or foreclosure sale, or property being sold pursuant to court order or under court supervision if the property in any of the foregoing situations is either occupied by the owner or is unoccupied, and if the offer for sale is not induced by public entity disposition, planned condemnation, or redevelopment of surrounding lands, and if the sales price is fair market value or less, as determined by a qualified appraiser, and if no federal funds are involved in the acquisition, construction, or project development. “Offered for sale” means either advertised for sale in a publication of general circulation published at least once a week or listed with a licensed real estate broker and published in a multiple listing, pursuant to Section 1087 of the Civil Code.
(b) At the time of making an offer to acquire property under subdivision (a), public entities shall notify the property owner in writing, of the following:
(1) The public entity’s plans for developing the property to be acquired or the surrounding property.
(2) Any relocation assistance and benefits provided pursuant to state law which the property owner may be forgoing.
(Amended by Stats. 1984, Ch. 1523, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17 - Employment of Veterans › Section 7280.1.

7280.1. The Legislature hereby finds and declares that the employment of veterans of the Vietnam conflict after their separation from the armed forces is of prime public concern, and that to encourage employers in the private sector to hire such veterans, this chapter has been enacted.
(Added by Stats. 1974, Ch. 122.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17 - Employment of Veterans › Section 7280.2.

7280.2. For the purposes of this chapter “veteran” means any person (1) who served in the active military, naval, or air service of the United States for a period not less than 90 consecutive days or was discharged from the service due to a service-connected disability within such 90-day period, any portion of which was on or after August 5, 1964, and prior to a future date to be established by Proclamation of the Governor, (2) who was honorably discharged from the military service, and (3) who was, at the time of his entry into active duty, a native of or a bona fide resident of this state, or who, if a minor at such time, entered active duty while in the State of California and had lived in this state for six months immediately preceding his entry into active duty.
(Added by Stats. 1974, Ch. 122.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17 - Employment of Veterans › Section 7280.3.

7280.3. Each employer in private employment who hires an unemployed veteran of the Vietnam conflict at not less than the then-current federal minimum wage, or not less than the prevailing wage rate for the industry and occupation at that time, whichever is higher, shall be reimbursed by the state, pursuant to this chapter, in an amount equal to 50 percent of the cost to the employer for any salary or wages paid to such veteran. The maximum duration of the reimbursements to employers provided for by this section shall be 18 months for each veteran employed.
(Added by Stats. 1974, Ch. 122.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17 - Employment of Veterans › Section 7280.4.

7280.4. Such payments for reimbursement pursuant to Section 7280.3 shall be made to an employer who hires such a veteran as soon as possible after the veteran commences training.
(Amended by Stats. 1974, Ch. 845.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17 - Employment of Veterans › Section 7280.6.

7280.6. The provisions of this chapter shall be administered by, and payments shall be disbursed through, the Department of Employment Development, in addition to any other functions or duties which are imposed upon it by law.
(Amended by Stats. 1974, Ch. 845.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17 - Employment of Veterans › Section 7280.8.

7280.8. The Director of the Department of Employment Development, or his designee, shall certify to employers such veterans as certified trainees under this chapter as he or his designee shall deem to be qualified for training in employment by such employer. The director or his designee, when certifying trainees to employers, shall make every effort to insure that at least 50 percent of the certified trainees reside in economically disadvantaged areas, as such term is defined in Section 9111 of the Unemployment Insurance Code.
(Amended by Stats. 1974, Ch. 845.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17 - Employment of Veterans › Section 7280.9.

7280.9. (a) For the purposes of this chapter, “certified trainee” means a person who both (1) meets the criteria of Section 7280.2 and (2) has entered into a written agreement called an “apprentice agreement” or a “trainee agreement” with a program sponsor to train under the provisions of such apprenticeship or training standards as are approved under Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code.
(b) Training standards shall be developed in accordance with Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code and Chapter 2 (commencing with Section 200) of Title 8 of the California Administrative Code.
(Added by Stats. 1974, Ch. 122.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17 - Employment of Veterans › Section 7281.

7281. No veteran shall be certified under Section 7280.8 if any of the following occur:
(a) The director or his designee finds that the employer does not have a reasonable expectation of at least six months continuous full-time employment for each certified trainee certified to him.
(b) The director or his designee finds that there is reasonable cause to believe that the employer will demote, discharge, or lay off persons now employed by him and replace such persons with certified trainees.
(c) The employer is engaged in a labor dispute.
(d) The employment of certified trainees by the employer would constitute a breach of a collective bargaining agreement entered into by the employer.
(e) The director or his designee finds that there is no substantial likelihood that the employment offered by the employer to the certified trainee will result in either substantially permanent full-time employment or an upgrading of the certified trainee’s job skills to a level at which reasonably permanent full-time employment may be expected to be available to him in the community.
(f) The director or his designee finds that, as to any person or class of persons or employer or class of employers to whom eligible veterans may otherwise be certified as certified trainees, such certification would result in any of the following:
(1) Employment involving any condition of wages, hours, conditions of employment, or safety prohibited by law or by a collective bargaining agreement entered into by the employer.
(2) A surplus of persons who will be unemployed as a result of such certification.
(3) The unlawful employment of minors or the violation of any laws relating to compulsory school attendance.
(4) Detriment to the health or welfare of any person.
(5) When it is found that the existing prevailing conditions in the area and industry would in any way be lowered or adversely affected.
(g) The employer is a party to any contract or agreement to receive federal reimbursement for training the individual veteran.
The director may, pursuant to Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of this code, make all necessary and reasonable regulations to prevent any abuses of the reimbursement program established under this chapter and for the administration of this section and Section 7280.8, and may obtain the assistance of any public or private agencies in finding and encouraging suitable employers to offer employment pursuant to this chapter.
(Amended by Stats. 1974, Ch. 845.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17 - Employment of Veterans › Section 7281.2.

7281.2. No employer may receive any reimbursement for costs specified in this chapter if the veteran whom he hires as a trainee is a person whom the employer had previously employed, or a member of the employer’s immediate family or related within the first degree.
(Amended by Stats. 1974, Ch. 845.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17 - Employment of Veterans › Section 7281.4.

7281.4. Such portion of the funds appropriated each year by the Legislature for the purposes of this chapter as the Director of the Department of Employment Development shall determine may be used for advertising and mailing costs to inform employers in the state of the provisions of this chapter and any other programs for unemployed Vietnam veterans.
(Added by Stats. 1974, Ch. 122.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.1 - Standards for Responding to United States Immigration and Customs Enforcement Holds › Section 7282.

7282. For purposes of this chapter, the following terms have the following meanings:
(a) “Conviction” shall have the same meaning as subdivision (d) of Section 667 of the Penal Code.
(b) “Eligible for release from custody” means that the individual may be released from custody because one of the following conditions has occurred:
(1) All criminal charges against the individual have been dropped or dismissed.
(2) The individual has been acquitted of all criminal charges filed against him or her.
(3) The individual has served all the time required for his or her sentence.
(4) The individual has posted a bond.
(5) The individual is otherwise eligible for release under state or local law, or local policy.
(c) “Hold request,” “notification request,” and “transfer request” have the same meanings as provided in Section 7283. Hold, notification, and transfer requests include requests issued by the United States Immigration and Customs Enforcement or the United States Customs and Border Protection as well as any other immigration authorities.
(d) “Law enforcement official” means any local agency or officer of a local agency authorized to enforce criminal statutes, regulations, or local ordinances or to operate jails or to maintain custody of individuals in jails, and any person or local agency authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities.
(e) “Local agency” means any city, county, city and county, special district, or other political subdivision of the state.
(f) “Serious felony” means any of the offenses listed in subdivision (c) of Section 1192.7 of the Penal Code and any offense committed in another state which, if committed in California, would be punishable as a serious felony as defined by subdivision (c) of Section 1192.7 of the Penal Code.
(g) “Violent felony” means any of the offenses listed in subdivision (c) of Section 667.5 of the Penal Code and any offense committed in another state which, if committed in California, would be punishable as a violent felony as defined by subdivision (c) of Section 667.5 of the Penal Code.
(Amended by Stats. 2017, Ch. 495, Sec. 1. (SB 54) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.2 - Standards for Participation in United States Immigration and Customs Enforcement Programs › Section 7283.

7283. For purposes of this chapter, the following terms have the following meanings:
(a) “Community forum” includes, but is not limited to, any regular meeting of the local governing body that is open to the public, where the public may provide comment, is in an accessible location, and is noticed at least 30 days in advance.
(b) “Hold request” means a federal Immigration and Customs Enforcement (ICE) request that a local law enforcement agency maintain custody of an individual currently in its custody beyond the time he or she would otherwise be eligible for release in order to facilitate transfer to ICE and includes, but is not limited to, Department of Homeland Security (DHS) Form I-247D.
(c) “Governing body” with respect to a county, means the county board of supervisors.
(d) “ICE access” means, for the purposes of civil immigration enforcement, including when an individual is stopped with or without their consent, arrested, detained, or otherwise under the control of the local law enforcement agency, all of the following:
(1) Responding to an ICE hold, notification, or transfer request.
(2) Providing notification to ICE in advance of the public that an individual is being or will be released at a certain date and time through data sharing or otherwise.
(3) Providing ICE non-publicly available information regarding release dates, home addresses, or work addresses, whether through computer databases, jail logs, or otherwise.
(4) Allowing ICE to interview an individual.
(5) Providing ICE information regarding dates and times of probation or parole check-ins.
(e) “Local law enforcement agency” means any agency of a city, county, city and county, special district, or other political subdivision of the state that is authorized to enforce criminal statutes, regulations, or local ordinances; or to operate jails or to maintain custody of individuals in jails; or to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities; or to monitor compliance with probation or parole conditions.
(f) “Notification request” means an Immigration and Customs Enforcement request that a local law enforcement agency inform ICE of the release date and time in advance of the public of an individual in its custody and includes, but is not limited to, DHS Form I-247N.
(g) “Transfer request” means an Immigration and Customs Enforcement request that a local law enforcement agency facilitate the transfer of an individual in its custody to ICE, and includes, but is not limited to, DHS Form I-247X.
(Added by Stats. 2016, Ch. 768, Sec. 3. (AB 2792) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.2 - Standards for Participation in United States Immigration and Customs Enforcement Programs › Section 7283.2.

7283.2. Nothing in this chapter shall be construed to provide, expand, or ratify the legal authority of any state or local law enforcement agency to detain an individual based upon an ICE hold request.
(Added by Stats. 2016, Ch. 768, Sec. 3. (AB 2792) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.25 - Cooperation with Immigration Authorities › Section 7284.

7284. This chapter shall be known, and may be cited, as the California Values Act.
(Added by Stats. 2017, Ch. 495, Sec. 3. (SB 54) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.25 - Cooperation with Immigration Authorities › Section 7284.2.

7284.2. The Legislature finds and declares the following:
(a) Immigrants are valuable and essential members of the California community. Almost one in three Californians is foreign born and one in two children in California has at least one immigrant parent.
(b) A relationship of trust between California’s immigrant community and state and local agencies is central to the public safety of the people of California.
(c) This trust is threatened when state and local agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear approaching police when they are victims of, and witnesses to, crimes, seeking basic health services, or attending school, to the detriment of public safety and the well-being of all Californians.
(d) Entangling state and local agencies with federal immigration enforcement programs diverts already limited resources and blurs the lines of accountability between local, state, and federal governments.
(e) State and local participation in federal immigration enforcement programs also raises constitutional concerns, including the prospect that California residents could be detained in violation of the Fourth Amendment to the United States Constitution, targeted on the basis of race or ethnicity in violation of the Equal Protection Clause, or denied access to education based on immigration status. See Sanchez Ochoa v. Campbell, et al. (E.D. Wash. 2017) 2017 WL 3476777; Trujillo Santoya v. United States, et al. (W.D. Tex. 2017) 2017 WL 2896021; Moreno v. Napolitano (N.D. Ill. 2016) 213 F. Supp. 3d 999; Morales v. Chadbourne (1st Cir. 2015) 793 F.3d 208; Miranda-Olivares v. Clackamas County (D. Or. 2014) 2014 WL 1414305; Galarza v. Szalczyk (3d Cir. 2014) 745 F.3d 634.
(f) This chapter seeks to ensure effective policing, to protect the safety, well-being, and constitutional rights of the people of California, and to direct the state’s limited resources to matters of greatest concern to state and local governments.
(g) It is the intent of the Legislature that this chapter shall not be construed as providing, expanding, or ratifying any legal authority for any state or local law enforcement agency to participate in immigration enforcement.
(Added by Stats. 2017, Ch. 495, Sec. 3. (SB 54) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.25 - Cooperation with Immigration Authorities › Section 7284.4.

7284.4. For purposes of this chapter, the following terms have the following meanings:
(a) “California law enforcement agency” means a state or local law enforcement agency, including school police or security departments. “California law enforcement agency” does not include the Department of Corrections and Rehabilitation.
(b) “Civil immigration warrant” means any warrant for a violation of federal civil immigration law, and includes civil immigration warrants entered in the National Crime Information Center database.
(c) “Immigration authority” means any federal, state, or local officer, employee, or person performing immigration enforcement functions.
(d) “Health facility” includes health facilities as defined in Section 1250 of the Health and Safety Code, clinics as defined in Sections 1200 and 1200.1 of the Health and Safety Code, and substance abuse treatment facilities.
(e) “Hold request,” “notification request,” “transfer request,” and “local law enforcement agency” have the same meaning as provided in Section 7283. Hold, notification, and transfer requests include requests issued by United States Immigration and Customs Enforcement or United States Customs and Border Protection as well as any other immigration authorities.
(f) “Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States.
(g) “Joint law enforcement task force” means at least one California law enforcement agency collaborating, engaging, or partnering with at least one federal law enforcement agency in investigating federal or state crimes.
(h) “Judicial probable cause determination” means a determination made by a federal judge or federal magistrate judge that probable cause exists that an individual has violated federal criminal immigration law and that authorizes a law enforcement officer to arrest and take into custody the individual.
(i) “Judicial warrant” means a warrant based on probable cause for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge that authorizes a law enforcement officer to arrest and take into custody the person who is the subject of the warrant.
(j) “Public schools” means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board, the California State University, and the California Community Colleges.
(k) “School police and security departments” includes police and security departments of the California State University, the California Community Colleges, charter schools, county offices of education, schools, and school districts.
(Added by Stats. 2017, Ch. 495, Sec. 3. (SB 54) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.25 - Cooperation with Immigration Authorities › Section 7284.8.

7284.8. (a) The Attorney General, by October 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, public libraries, health facilities operated by the state or a political subdivision of the state, courthouses, Division of Labor Standards Enforcement facilities, the Agricultural Labor Relations Board, the Division of Workers Compensation, and shelters, and ensuring that they remain safe and accessible to all California residents, regardless of immigration status. All public schools, health facilities operated by the state or a political subdivision of the state, and courthouses shall implement the model policy, or an equivalent policy. The Agricultural Labor Relations Board, the Division of Workers’ Compensation, the Division of Labor Standards Enforcement, shelters, libraries, and all other organizations and entities that provide services related to physical or mental health and wellness, education, or access to justice, including the University of California, are encouraged to adopt the model policy.
(b) For any databases operated by state and local law enforcement agencies, including databases maintained for the agency by private vendors, the Attorney General shall, by October 1, 2018, in consultation with appropriate stakeholders, publish guidance, audit criteria, and training recommendations aimed at ensuring that those databases are governed in a manner that limits the availability of information therein to the fullest extent practicable and consistent with federal and state law, to anyone or any entity for the purpose of immigration enforcement. All state and local law enforcement agencies are encouraged to adopt necessary changes to database governance policies consistent with that guidance.
(c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), the Department of Justice may implement, interpret, or make specific this chapter without taking any regulatory action.
(Added by Stats. 2017, Ch. 495, Sec. 3. (SB 54) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.25 - Cooperation with Immigration Authorities › Section 7284.10.

7284.10. (a) The Department of Corrections and Rehabilitation shall:
(1) In advance of any interview between the United States Immigration and Customs Enforcement (ICE) and an individual in department custody regarding civil immigration violations, provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that he or she may decline to be interviewed or may choose to be interviewed only with his or her attorney present. The written consent form shall be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.
(2) Upon receiving any ICE hold, notification, or transfer request, provide a copy of the request to the individual and inform him or her whether the department intends to comply with the request.
(b) The Department of Corrections and Rehabilitation shall not:
(1) Restrict access to any in-prison educational or rehabilitative programming, or credit-earning opportunity on the sole basis of citizenship or immigration status, including, but not limited to, whether the person is in removal proceedings, or immigration authorities have issued a hold request, transfer request, notification request, or civil immigration warrant against the individual.
(2) Consider citizenship and immigration status as a factor in determining a person’s custodial classification level, including, but not limited to, whether the person is in removal proceedings, or whether immigration authorities have issued a hold request, transfer request, notification request, or civil immigration warrant against the individual.
(Added by Stats. 2017, Ch. 495, Sec. 3. (SB 54) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.25 - Cooperation with Immigration Authorities › Section 7284.12.

7284.12. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2017, Ch. 495, Sec. 3. (SB 54) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.3 - Enforcement Actions › Section 7285.

7285. The Legislature finds and declares the following:
(a) All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state.
(b) For purposes of enforcing state labor, employment, civil rights, consumer protection, and housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person’s immigration status unless the person seeking to make the inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law.
(c) The provisions of this section are declaratory of existing law.
(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Amended by Stats. 2017, Ch. 160, Sec. 2. (AB 1690) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.3 - Enforcement Actions › Section 7285.1.

7285.1. (a) Except as otherwise required by federal law, an employer, or a person acting on behalf of the employer, shall not provide voluntary consent to an immigration enforcement agent to enter any nonpublic areas of a place of labor. This section does not apply if the immigration enforcement agent provides a judicial warrant.
(b) An employer who violates subdivision (a) shall be subject to a civil penalty of two thousand dollars ($2,000) up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000) up to ten thousand dollars ($10,000) for each subsequent violation. If a court finds that an immigration enforcement agent was permitted to enter a nonpublic area of a place of labor without the consent of the employer or other person in control of the place of labor, the civil penalty shall not apply. “Violation” means each incident when it is found that subdivision (a) was violated without reference to the number of employees, the number of immigration enforcement agents involved in the incident, or the number of locations affected in a day.
(c) This section shall not preclude an employer or person acting on behalf of an employer from taking the immigration enforcement agent to a nonpublic area, where employees are not present, for the purpose of verifying whether the immigration enforcement agent has a judicial warrant, provided no consent to search nonpublic areas is given in the process.
(d) The exclusive authority to enforce this section is granted to the Labor Commissioner or the Attorney General and enforcement shall be through civil action. Any penalty recovered shall be deposited in the Labor Enforcement and Compliance Fund.
(e) This section applies to public and private employers.
(Added by Stats. 2017, Ch. 492, Sec. 1. (AB 450) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.3 - Enforcement Actions › Section 7285.2.

7285.2. (a) (1) Except as otherwise required by federal law, and except as provided in paragraph (2), an employer, or a person acting on behalf of the employer, shall not provide voluntary consent to an immigration enforcement agent to access, review, or obtain the employer’s employee records without a subpoena or judicial warrant. This section does not prohibit an employer, or person acting on behalf of an employer, from challenging the validity of a subpoena or judicial warrant in a federal district court.
(2) This subdivision shall not apply to I-9 Employment Eligibility Verification forms and other documents for which a Notice of Inspection has been provided to the employer.
(b) An employer who violates subdivision (a) shall be subject to a civil penalty of two thousand dollars ($2,000) up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000) up to ten thousand dollars ($10,000) for each subsequent violation. If a court finds that an immigration enforcement agent was permitted to access, review, or obtain the employer’s employee records without the consent of the employer or other person in control of the place of labor, the civil penalty shall not apply. “Violation” means each incident when it is found that subdivision (a) was violated without reference to the number of employees, the number of immigration enforcement agents involved in the incident, or the number of employee records accessed, reviewed, or obtained.
(c) The exclusive authority to enforce this section is granted to the Labor Commissioner or the Attorney General and enforcement shall be through civil action. Any penalty recovered shall be deposited in the Labor Enforcement and Compliance Fund.
(d) This section applies to public and private employers.
(Added by Stats. 2017, Ch. 492, Sec. 2. (AB 450) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.3 - Enforcement Actions › Section 7285.3.

7285.3. In accordance with state and federal law, nothing in this chapter shall be interpreted, construed, or applied to restrict or limit an employer’s compliance with a memorandum of understanding governing the use of the federal E-Verify system.
(Added by Stats. 2017, Ch. 492, Sec. 3. (AB 450) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.4 - Law Enforcement Use of Force Policies › Section 7286.5.

7286.5. (a) (1) A law enforcement agency shall not authorize the use of a carotid restraint or choke hold by any peace officer employed by that agency.
(2) A law enforcement agency shall not authorize techniques or transport methods that involve a substantial risk of positional asphyxia.
(b) As used in this section, the following terms are defined as follows:
(1) “Carotid restraint” means a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure is applied to the sides of a person’s neck that involves a substantial risk of restricting blood flow and may render the person unconscious in order to subdue or control the person.
(2) “Choke hold” means any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe.
(3) “Law enforcement agency” means any agency, department, or other entity of the state or any political subdivision thereof, that employs any peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(4) “Positional asphyxia” means situating a person in a manner that compresses their airway and reduces the ability to sustain adequate breathing. This includes, without limitation, the use of any physical restraint that causes a person’s respiratory airway to be compressed or impairs the person’s breathing or respiratory capacity, including any action in which pressure or body weight is unreasonably applied against a restrained person’s neck, torso, or back, or positioning a restrained person without reasonable monitoring for signs of asphyxia.
(Amended by Stats. 2021, Ch. 407, Sec. 1. (AB 490) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7291.

7291. The Legislature hereby finds and declares that the effective maintenance and development of a free and democratic society depends on the right and ability of its citizens and residents to communicate with their government and the right and ability of the government to communicate with them.
The Legislature further finds and declares that substantial numbers of persons who live, work and pay taxes in this state are unable, either because they do not speak or write English at all, or because their primary language is other than English, effectively to communicate with their government. The Legislature further finds and declares that state and local agency employees frequently are unable to communicate with persons requiring their services because of this language barrier. As a consequence, substantial numbers of persons presently are being denied rights and benefits to which they would otherwise be entitled.
It is the intention of the Legislature in enacting this chapter to provide for effective communication between all levels of government in this state and the people of this state who are precluded from utilizing public services because of language barriers.
(Added by Stats. 1973, Ch. 1182.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7292.

7292. (a) Every state agency, as defined in Section 11000, except the State Compensation Insurance Fund, directly involved in the furnishing of information or the rendering of services to the public whereby contact is made with a substantial number of non-English-speaking people, shall employ a sufficient number of qualified bilingual persons in public contact positions to ensure provision of information and services to the public, in the language of the non-English-speaking person.
(b) For the purposes of this chapter, the furnishing of information or rendering of services includes, but is not limited to, providing public safety, protection, or prevention, administering state benefits, implementing public programs, managing public resources or facilities, holding public hearings, and engaging in any other state program or activity that involves public contact.
(Amended by Stats. 2007, Ch. 259, Sec. 1. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7293.

7293. Every local public agency, as defined in Section 54951, serving a substantial number of non-English-speaking people, shall employ a sufficient number of qualified bilingual persons in public contact positions or as interpreters to assist those in such positions, to ensure provision of information and services in the language of the non-English-speaking person. The determination of what constitutes a substantial number of non-English-speak ing people and a sufficient number of qualified bilingual persons shall be made by the local agency.
(Added by Stats. 1973, Ch. 1182.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7294.

7294. An employee of a state or local agency, as defined by Sections 11000 and 54951, may not be dismissed to carry out the purposes of this chapter. A state or local public agency need only implement this chapter by filling employee public contact positions made vacant by retirement or normal attrition.
(Added by Stats. 1973, Ch. 1182.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7295.

7295. Any materials explaining services available to the public shall be translated into any non-English language spoken by a substantial number of the public served by the agency. Whenever notice of the availability of materials explaining services available is given, orally or in writing, it shall be given in English and in the non-English language into which any materials have been translated. The determination of when these materials are necessary when dealing with local agencies shall be left to the discretion of the local agency.
(Amended by Stats. 2007, Ch. 259, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7295.2.

7295.2. Every state agency which serves a substantial number of non-English-speaking people and which provides materials in English explaining services shall also provide the same type of materials in any non-English language spoken by a substantial number of the public served by the agency. Whenever notice of the availability of materials explaining services available is given, orally or in writing, it shall be given in English and in the non-English language into which any materials have been translated. This section shall not be interpreted to require verbatim translations of any materials provided in English by a state agency.
(Added by Stats. 1977, Ch. 1035.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7295.4.

7295.4. Whenever a state agency finds that the factors listed in both subdivisions (a) and (c) or (b) and (c) exist, it shall distribute the applicable written materials in the appropriate non-English language through its statewide and local offices or facilities to non-English-speaking persons, or, as an alternative, the state agency may instead elect to furnish translation aids, translation guides, or provide assistance, through use of a qualified bilingual person, at its statewide and local offices or facilities in completing English forms or questionnaires and in understanding English forms, letters, or notices:
(a) The written materials, whether forms, applications, questionnaires, letters, or notices solicit or require the furnishing of information from an individual or provide that individual with information.
(b) The information solicited, required, or furnished affects or may affect the individual’s rights, duties, or privileges with regard to that agency’s services or benefits.
(c) The statewide or local office or facility of the agency with which the individual is dealing, serves a substantial number of non-English-speaking persons.
(Amended by Stats. 2014, Ch. 469, Sec. 1. (AB 2253) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7296.

7296. (a) As used in this chapter, a “qualified bilingual person,” “qualified bilingual employee,” or “qualified interpreter” is a person who is proficient in both the English language and the non-English language to be used. For any state agency, “qualified” means one of the following:
(1) A bilingual person or employee who the Department of Human Resources has tested and certified as proficient in the ability to understand and convey in English and a non-English language commonly used terms and ideas, including terms and ideas regularly used in state government.
(2) A bilingual employee who was tested and certified by a state agency or other approved testing authority as proficient in the ability to understand and convey in English and a non-English language commonly used terms and ideas, including terms and ideas regularly used in state government.
(3) An interpreter who has met the testing or certification standards for outside or contract interpreters, as proficient in the ability to communicate commonly used terms and ideas between the English language and the non-English language to be used and has knowledge of basic interpreter practices, including, but not limited to, confidentiality, neutrality, accuracy, completeness, and transparency.
(b) The determination of what constitutes “qualified” for local agencies, shall be left to the discretion of the local agency.
(Amended by Stats. 2012, Ch. 360, Sec. 1. (SB 1309) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7296.2.

7296.2. As used in Sections 7292, 7295.2, 7295.4, 7299.3, and 7299.4, a “substantial number of non-English-speaking people” are members of a group who either do not speak English, or who are unable to effectively communicate in English because it is not their native language, and who comprise 5 percent or more of the people served by the statewide or any local office or facility of a state agency.
(Amended by Stats. 2014, Ch. 469, Sec. 2. (AB 2253) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7296.4.

7296.4. As used in Section 7292, “a sufficient number of qualified bilingual persons in public contact positions” is the number required to provide the same level of services to non-English-speaking persons as is available to English-speaking persons seeking these services. However, where the statewide or local office or facility of the state employs the equivalent of 25 or fewer regular, full-time employees, it shall constitute compliance with the requirements of this chapter if a sufficient number of qualified bilingual persons are employed in public contact positions, or as qualified interpreters to assist those in those positions, to provide the same level of services to non-English-speaking persons as is available to English-speaking persons seeking the services from the office or facility.
(Amended by Stats. 2014, Ch. 469, Sec. 3. (AB 2253) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7297.

7297. As used in this chapter, a “public contact position” is a position determined by the agency to be one which emphasizes the ability to meet, contact and deal with the public in the performance of the agency’s functions.
(Amended by Stats. 1977, Ch. 1035.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7298.

7298. The provisions of this chapter are not applicable to school districts, county boards of education, or the office of a county superintendent of schools.
(Added by Stats. 1973, Ch. 1182.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7299.

7299. The provisions of this act shall be implemented to the extent that local, state or federal funds are available, and to the extent permissible under federal law and the provisions of civil service law governing the state and local agencies.
(Added by Stats. 1973, Ch. 1182.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7299.1.

7299.1. State agencies may, utilizing existing funds, contract for telephone-based interpretation services in addition to employing qualified bilingual persons in public contact positions.
(Amended by Stats. 2007, Ch. 259, Sec. 6. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7299.2.

7299.2. The Department of Human Resources shall be responsible for informing state agencies of their responsibilities under this chapter and providing state agencies with technical assistance, upon request on a reimbursable basis.
(Amended by Stats. 2012, Ch. 360, Sec. 2. (SB 1309) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 7 - MISCELLANEOUS › CHAPTER 17.5 - Use of a Foreign Language in Public Services › Section 7299.3.

7299.3. Notwithstanding any other provision of this chapter, by July 1, 2015, a state agency subject to the requirements of this chapter shall translate and make accessible on the homepage of its Internet Web site, forms and processes for submitting complaints of alleged violations of this chapter, as referenced in paragraph (15) of subdivision (b) of Section 7299.4. The forms and processes shall be translated into all languages spoken by a substantial number of non-English-speaking people served by the state agency. Translated copies of the forms shall be printed and made available in the statewide office and any local office or facility of the state agency.
(Added by Stats. 2014, Ch. 469, Sec. 4. (AB 2253) Effective January 1, 2015.)