CHAPTER
17.23. Sanctuary State Contracting and Investment Act
7283.50.
This chapter shall be known as the Sanctuary State Contracting and Investment Act.7283.51.
For purposes of this chapter, the following terms have the following meanings: (a) “Data broker” means both of the following:
(1) The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling that information to their customers, which include may include both private sector businesses
entities and government agencies.
(2) The aggregation of data that was collected for another purpose different from that for which it is ultimately used.
(b) “Detention facilities” facilities support” means any provision by a private party that provides
of transportation, identification, processing, security, maintenance, or other operational support to a private or public facility intended or actually used for immigration detention purposes.
(c) “Extreme vetting” means data mining, threat modeling, predictive risk analysis, or other similar service.
(d) “Federal immigration agency” means any department, subdivision, agency, or agent of the United States government that provides immigration-related services, including, but not limited to, Immigrations and Customs Enforcement, Customs and Border Protection, Health and Human Services, Office of Refugee Resettlement, and the Department of Homeland Security.
(e) “Person or
entity” 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 or entity”
does not include any government entity or government employee.
(f) “State or local agency” means any state agency, department, agent, or designee with contracting authority, or any city, county, city and county, special district, or other political subdivision of the state.
7283.52.
(a) (1) Commencing January 1, 2020, and on the first day of each quarter thereafter, the Department of Justice shall identify and publish a list containing each person or entity that, in the opinion of the Department of Justice, is providing data broker, extreme vetting, or detention facilities support to any federal immigration agency.(2) For the purpose of determining whether a person or entity is providing a federal immigration agency with data broker, extreme vetting, or detention facilities support, the Department of Justice shall consider all of the following:
(A) Information published by reliable sources.
(B) Information released by public agencies, including but not limited to federal contracting websites.
(C) A certification in writing executed by the person or entity in a form acceptable to the Department of Justice that the person or entity does not provide data broker, extreme vetting, or detention facilities support to a federal immigration agency.
(D) Information submitted to the Department of Justice by any member of the public, and thereafter duly verified.
(3) The Department of Justice shall publish the list prepared pursuant to this subdivision in a conspicuous manner on the Department of Justice’s internet website.
(b) (1) Before the quarterly publication of
the list described in subdivision (a), the Department of Justice shall provide written notice to each person or entity to be included on the list of both of the following:
(A) The forthcoming placement of the person or entity on the list.
(B) That each person or entity may apply to the Department of Justice to appeal the Department of Justice’s decision, and seek to be removed from the list.
(2) In the event that a person or entity appeals the Department of Justice’s decision, the person or entity shall do one of the following:
(A) Certify in a writing executed by the person or entity in a form acceptable to the Department of Justice.
(B) Obtain a court order from a court of competent
jurisdiction that the person or entity has never provided or has permanently ceased providing data broker, extreme vetting, or detention facilities support to any federal immigration agency.
(3) If the Department of Justice receives an acceptable certification or a court order described in paragraph (2), then the Department of Justice shall remove that person or entity from the list.
7283.52.7283.53.
(a) (1)A state or local agency shall not enter into a new, amended, or extended contract or agreement with any person or entity that provides a federal immigration agency with any data broker, extreme vetting, or detention facilities services,
appears on the list published by the Department of Justice pursuant to Section 7283.52, unless the
state or local agency has made a finding that no reasonable alternative exists. The findings made shall take all of the following into consideration:(A)
(1) The intent and purpose of this chapter.
(B)
(2) The availability of alternative services, goods, and equipment.
(C)
(3) Quantifiable additional costs resulting from use of available
alternatives.
(2)
(b) A state or local agency shall include notice of the prohibition in paragraph (1) in all public works, construction bids, requests for information, requests for proposals, or any other solicitation issued by the state or local agency.
(b)For the purpose of determining which person or entity provides a federal immigration agency with data broker, extreme vetting, or detention facilities services, the state or local agency shall consider all of the following:
(1)Information published by reliable sources.
(2)Information released by public agencies.
(3)A declaration
under the penalty of perjury executed by the person or entity, affirming that they do not provide data broker, extreme vetting, or detention facilities services to a federal immigration agency.
(4)Information submitted to the state or local agency by any member of the public, and thereafter duly verified.
(c)The state or local agency shall notify any person or entity identified as a supplier of data broker, extreme vetting, or detention facilities services to a federal immigration agency of the determination. Any person or entity shall be entitled to a review of the determination by appeal to the state or local agency. Request for review shall be made within 30 days of notification, or seven days of the date of the solicitation or notice of a pending contract or purchase, of
interest to the person or entity seeking review.
7283.53.7283.54.
(a) This chapter shall not apply to a contract or agreement by a state or local agency with any person or entity, as defined, specifically related to the administration of retirement benefits, including a retirement program or service provided to or by a state or local agency or person or entity, or a contract or agreement relating to the payment of required retirement contributions, fees, and other necessary, appropriate, and applicable retirement obligations.(b) This chapter shall not
apply to a contract or agreement by a state or local agency with any person or entity, as defined, specifically related to the investment of moneys, including necessary and appropriate fees paid to or by a state or local agency or person or entity, retirement program, or service, for purposes of investing or administering investments in support of and to provide retirement benefits, programs, or services, or the funding of required retirement contributions, fees, and other necessary, appropriate, and applicable retirement obligations.
7283.54.7283.55.
(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 findings regarding any alleged violation. 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 or local agency of the violation.(2) The state or local
agency shall cooperate with the department in any investigation of a violation of this chapter.
(b) The state or local agency 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.
(c) On or before April 1, 2020, and annually thereafter, each state or local agency shall certify its compliance with this chapter by posting a report on its internet website. At minimum, this report shall do all of the following:
(1) Detail with specificity the steps taken to ensure compliance with this chapter.
(2) Disclose any
issues with compliance, including any violations or potential violations of this chapter
(3) Detail actions taken to cure any deficiencies with compliance.
7283.55.7283.56.
(a) A violation of this chapter constitutes an injury. Any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this chapter. A person who alleges they have been injured as a result of a violation of this chapter by a state or local agency may bring an action for damages against that state or local entity in any court of competent
jurisdiction.(b)If a state or local agency is found liable in a cause of action brought by an individual pursuant to subdivision (a), the state or local agency shall be liable for both of the following:
(1)The damages suffered by the plaintiff, if any, as determined by the court.
(2)(A)A civil penalty no greater than five
thousand dollars ($5,000) per violation, as determined by the court.
(B)In determining the amount of the civil penalty, the court shall consider whether the violation was intentional or negligent, and any other prior violations of this chapter by the state or local agency that committed the violation.
(c)
(b) A court shall award a plaintiff who prevails on a cause of action under subdivision (a) reasonable attorney’s fees and
costs.
(d)
(c) Any person bringing an action pursuant to this section who suffers an injury alleged to be the result of a violation of this chapter by a state or local agency shall first file a claim with the state or local agency pursuant to Section 905 of the Government Code or any successor statute within four years of the alleged violation.
(e)
(d) Any person or entity knowingly or willingly supplying false information in violation of paragraph (3) of subdivision (b) of Section 7283.52 making a false certification, whether on behalf of themselves or an entity or a state or local agency, pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 7283.52 or subdivision (c) of Section 7283.55 is guilty of a misdemeanor and shall be subject to a fine of up to one thousand dollars ($1,000).
7283.56.7283.57.
The provisions of this chapter are to be construed broadly to effectuate the purposes of this chapter.7283.57.7283.58.
The provisions of this chapter are severable. If any provision of this chapter 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.