AB 1096: Alien: change of terms.

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Existing federal law, for purposes of various provisions related to immigration, defines alien to mean a person who is not a citizen or national of the United States.

Existing state law uses the word alien on its own and within various other terms to refer to persons in provisions relating to, among other things, education, housing, natural resources, employment, probate, social services, drivers licenses, firearm permits, service in the state militia, and criminal punishment.

This bill would revise those state law provisions to refer instead to those persons using other terms that do not contain the word alien, including a person who is not a citizen or national of the United States. The bill would make other related nonsubstantive changes. The bill would state the intent of the Legislature in enacting this measure to make only nonsubstantive changes, as specified.

This bill would incorporate additional changes to Sections 7583.23 of the Business and Professions Code proposed by AB 607 and to Section 7596.7 of the Business and Professions Code proposed by AB 830, to be operative only if this bill and the other bill are enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 7596.3 of the Business and Professions Code proposed by AB 229 and AB 830, to be operative only if this bill and AB 830, or if this bill, AB 229, and AB 830, are enacted and this bill is enacted last.

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The people of the State of California do enact as follows:SECTION 1.

It is the intent of the Legislature in enacting this measure to make only nonsubstantive changes that remove the dehumanizing term alien from all California code sections. Nothing in this measure shall be interpreted to make any substantive change to existing law, including, but not limited to, eligibility for federal programs or benefits that are available to a person who meets the definition of alien under state or federal law.

SEC. 2.Section 2064.3 of the Business and Professions Code is amended to read:2064.3.

(a)Notwithstanding any other law, except as specified in subdivision (b), no student, including a person without lawful immigration status, a person who is exempt from nonresident tuition pursuant to Section 68130.5 of the Education Code, or a person who is both without lawful immigration status and exempt from nonresident tuition pursuant to Section 68130.5 of the Education Code, who meets the requirements for admission to a medical degree program at any public or private postsecondary educational institution that offers that program shall be denied admission to that program based on the students citizenship status or immigration status.

(b)Except for students granted status pursuant to Section 1101(a)(15)(T) or (U) of Title 8 of the United States Code, this section shall not apply to a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subdivision (a) of Section 1101 of Title 8 of the United States Code, as that paragraph exists on January 1, 2017.

SEC. 3.Section 2064.4 of the Business and Professions Code is amended to read:2064.4.

(a)Notwithstanding any other law, except as specified in subdivision (b), no student, including a person without lawful immigration status, a person who is exempt from nonresident tuition pursuant to Section 68130.5 of the Education Code, or a person who is both without lawful immigration status and exempt from nonresident tuition pursuant to Section 68130.5 of the Education Code, who meets the requirements for admission to a healing arts residency training program whose participants are not paid shall be denied admission to that program based on the students citizenship status or immigration status.

(b)Except for students granted status pursuant to Section 1101(a)(15)(T) or (U) of Title 8 of the United States Code, this section shall not apply to a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Section 1101), pursuant to paragraph (15) of subdivision (a) of Section 1101 of Title 8 of the United States Code, as that paragraph exists on January 1, 2017.

SEC. 4.Section 7542.2 of the Business and Professions Code is amended to read:7542.2.

The bureau shall issue a firearms permit when all of the following conditions are satisfied:

(a)(1)The applicant is a licensee or a qualified manager of a licensee.

(b)The firearms permit is associated with one of the following:

(1)An individual licensed as a private investigator pursuant to Section 7525.1.

(2)A partner of a partnership licensed as a private investigator pursuant to Section 7525.1.

(3)A qualified manager of a licensed private investigator pursuant to Section 7536.

(c)A certified firearms training instructor, as specified in Section 7585.5, has certified that the applicant has successfully completed a written examination prepared by the bureau and a training course in the carrying and use of firearms approved by the bureau.

(d)The applicant has filed with the bureau a classifiable fingerprint card, a completed application for a firearms permit on a form prescribed by the director, dated and signed by the applicant, certifying under penalty of perjury that the information in the application is true and correct. In lieu of a classifiable fingerprint card, the applicant may submit fingerprints into an electronic fingerprinting system administered by the Department of Justice. An applicant who submits their fingerprints by electronic means shall have their fingerprints entered into the system through a terminal operated by a law enforcement agency or other facility authorized by the Department of Justice to conduct electronic fingerprinting. The terminal operator may charge a fee sufficient to reimburse it for the costs incurred in providing this service.

(e)The applicant is at least 21 years of age and the bureau has determined, after investigation, that the carrying and use of a firearm by the applicant, in the course of the applicants duties, presents no apparent threat to the public safety, or that the carrying and use of a firearm by the applicant is not in violation of the Penal Code.

(f)The applicant has produced evidence to the firearm training facility that the applicant is a citizen of the United States or has permanent legal immigration status in the United States. Evidence of citizenship or permanent legal immigration status shall be deemed sufficient by the bureau to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, United States Department of Justice, Immigration and Naturalization Service Form I-151 or United States Citizenship and Immigration Services Form I-551 (Permanent Resident Card), naturalization documents, or birth certificates evidencing lawful residence or status in the United States.

(g)The application is accompanied by the application fees prescribed in this chapter.

SEC. 5.Section 7542.11 of the Business and Professions Code is amended to read:7542.11.

(a)A firearms qualification card expires two years from the date of issuance, if not renewed. A person who wishes to renew a firearms qualification card shall file an application for renewal at least 60 days prior to the cards expiration. A person whose card has expired shall not carry a firearm until the person has been issued a renewal card by the bureau.

(b)The bureau shall not renew a firearms qualification card unless all of the following conditions are satisfied:

(1)The cardholder has filed with the bureau a completed application for renewal of a firearms qualification card, on a form prescribed by the director, dated and signed by the applicant under penalty of perjury certifying that the information on the application is true and correct.

(2)The applicant has requalified on the range and has successfully passed a written examination based on course content as specified in the firearms training manual approved by the department and taught at a training facility approved by the bureau.

(3)The application is accompanied by a firearms requalification fee as prescribed in this chapter.

(4)The applicant has produced evidence to the firearms training facility, either upon receiving their original qualification card or upon filing for renewal of that card, that the applicant is a citizen of the United States or has permanent legal immigration status in the United States. Evidence of citizenship or permanent legal immigration status is that deemed sufficient by the bureau to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, the United States Department of Justice, Immigration and Naturalization Service Form I-151 or United States Citizenship and Immigration Services Form I-551 (Permanent Resident Card), naturalization documents, or birth certificates evidencing lawful residence or status in the United States.

(c)An expired firearms qualification card may not be renewed. A person with an expired registration is required to apply for a new firearms qualification in the manner required of persons not previously registered. A person whose card has expired shall not carry a firearm until that person has been issued a new firearms qualification card by the bureau.

(d)Paragraph (2) of subdivision (b) shall not apply to a duly appointed peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who is authorized to carry a firearm in the course of the officers duties and who has successfully completed requalification training or to a federal qualified law enforcement officer, as defined in Section 926B of Title 18 of the United States Code, who is authorized to carry a firearm in the course of the officers duties and who has successfully completed requalification training.

SEC. 6.Section 7583.23 of the Business and Professions Code is amended to read:7583.23.

The bureau shall issue a firearms permit when all of the following conditions are satisfied:

(a)The applicant is a licensee, a qualified manager of a licensee, or a registered security guard subject to the following:

(1)The firearms permit may only be associated with the following:

(A)A sole owner of a sole ownership licensee, pursuant to Section 7582.7 or 7525.1.

(B)A partner of a partnership licensee, pursuant to Section 7582.7 or 7525.1.

(C)A qualified manager of a licensee, pursuant to Section 7536 or 7582.22.

(D)A security guard registrant.

(2)If the firearms permit is associated with a security guard registration, they are subject to the provisions of Section 7583.47, regardless of any other license possessed or associated with the firearms permit.

(b)A certified firearms training instructor has certified that the applicant has successfully completed a written examination prepared by the bureau and training course in the carrying and use of firearms approved by the bureau.

(c)The applicant has filed with the bureau a classifiable fingerprint card, a completed application for a firearms permit on a form prescribed by the director, dated and signed by the applicant, certifying under penalty of perjury that the information in the application is true and correct. In lieu of a classifiable fingerprint card, the applicant may submit fingerprints into an electronic fingerprinting system administered by the Department of Justice. An applicant who submits their fingerprints by electronic means shall have their fingerprints entered into the system through a terminal operated by a law enforcement agency or other facility authorized by the Department of Justice to conduct electronic fingerprinting. The terminal operator may charge a fee sufficient to reimburse it for the costs incurred in providing this service.

(d)The applicant is at least 21 years of age and the bureau has determined, after investigation, that the carrying and use of a firearm by the applicant, in the course of their duties, presents no apparent threat to the public safety, or that the carrying and use of a firearm by the applicant is not in violation of the Penal Code.

(e)The applicant has produced evidence to the firearm training facility that the applicant is a citizen of the United States or has permanent legal immigration status in the United States. Evidence of citizenship or permanent legal immigration status shall be deemed sufficient by the bureau to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, United States Department of Justice, Immigration and Naturalization Service Form I-151 or United States Citizenship and Immigration Services Form I-551 (Permanent Resident Card), naturalization documents, or birth certificates evidencing lawful residence or status in the United States.

(f)The application is accompanied by the application fees prescribed in this chapter.

(g)Beginning January 1, 2018, or on a date to be determined by the bureau, but no later than July 1, 2018, the applicant is a registered security guard and they have been found capable of exercising appropriate judgment, restraint, and self-control, for the purposes of carrying and using a firearm during the course of their duties, pursuant to Section 7583.47.

SEC. 6.5.Section 7583.23 of the Business and Professions Code is amended to read:7583.23.

The bureau shall issue a firearms permit when all of the following conditions are satisfied:

(a)The applicant is a licensee, a qualified manager of a licensee, or a registered security guard subject to the following:

(1)The firearms permit may only be associated with the following:

(A)A sole owner of a sole ownership licensee, pursuant to Section 7582.7 or 7525.1.

(B)A partner of a partnership licensee, pursuant to Section 7582.7 or 7525.1.

(C)A qualified manager of a licensee, pursuant to Section 7536 or 7582.22.

(D)A security guard registrant.

(f)The application is accompanied by the application fees prescribed in this chapter.

(g)(1)If the applicant is a registered security guard and they have been found capable of exercising appropriate judgment, restraint, and self-control, for the purposes of carrying and using a firearm during the course of their duties, pursuant to Section 7583.47.

(2)The requirement in paragraph (1) shall be completed within six months preceding the date the application is submitted to the bureau.

SEC. 7.Section 7583.32 of the Business and Professions Code is amended to read:7583.32.

(a)A firearms qualification card expires two years from the date of issuance, if not renewed. A person who wishes to renew a firearms qualification card shall file an application for renewal at least 60 days prior to the cards expiration. A person whose card has expired shall not carry a firearm until that person has been issued a renewal card by the bureau.

(b)The bureau shall not renew a firearms qualification card unless all of the following conditions are satisfied:

(3)The application is accompanied by a firearms requalification fee as prescribed in this chapter.

(4)The applicant has produced evidence to the firearm training facility, either upon receiving their original qualification card or upon filing for renewal of that card, that the applicant is a citizen of the United States or has permanent legal immigration status in the United States. Evidence of citizenship or permanent legal immigration status is that deemed sufficient by the bureau to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, the United States Department of Justice, Immigration and Naturalization Service Form I-151 or United States Citizenship and Immigration Services Form I-551 (Permanent Resident Card), naturalization documents, or birth certificates evidencing lawful residence or status in the United States.

(d)Paragraph (2) of subdivision (b) shall not apply to a duly appointed peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, who is authorized to carry a firearm in the course of the officers duties and who has successfully completed requalification training or to a federal qualified law enforcement officer, as defined in Section 926B of Title 18 of the United States Code (18 U.S.C. Sec. 926B), who is authorized to carry a firearm in the course of the officers duties and who has successfully completed requalification training.

SEC. 8.Section 7585.8 of the Business and Professions Code is amended to read:7585.8.

(a)Each firearm training facility shall, before allowing any person to participate in the course of training in the carrying and usage of firearms, verify and certify on the firearms qualification application that they have seen documentation verifying that the person to whom they are providing firearms training is a citizen of the United States or possesses permanent legal immigration status in the United States in accordance with Sections 7583.23 and 7596.3.

(b)Each firearm training facility shall, before allowing any person to participate in the requalification course in the carrying and usage of firearms, verify and certify on the firearm requalification application that the firearm training facility has seen documentation verifying that the person to whom they are providing firearms training is a citizen of the United States or possesses permanent legal immigration status in the United States in accordance with Sections 7583.23 and 7596.7.

SEC. 9.Section 7596.3 of the Business and Professions Code is amended to read:7596.3.

The director shall issue a firearms permit when all of the following conditions exist:

(a)The applicant is a licensee, a qualified manager of a licensee, a designated branch office manager of a licensee, or a registered alarm agent. A firearms permit may only be associated with the following:

(1)A sole owner of a sole ownership licensee.

(2)A partner of a partnership licensee.

(3)A qualified manager of a licensee.

(4)A designated branch office manager of a licensee.

(5)A registered alarm agent.

(b)The applicant has filed with the bureau a classifiable fingerprint card, a completed application for a firearms permit on a form prescribed by the director, dated and signed by the applicant, certifying under penalty of perjury that the information in the application is true and correct. In lieu of a classifiable fingerprint card, the applicant may submit fingerprints into an electronic fingerprinting system administered by the Department of Justice. An applicant who submits their fingerprints by electronic means shall have their fingerprints entered into the system through a terminal operated by a law enforcement agency or other facility authorized by the Department of Justice to conduct electronic fingerprinting. The terminal operator may charge a fee sufficient to reimburse it for the costs incurred in providing this service.

(c)A certified firearms training instructor certifies that the applicant has successfully completed the bureau-approved training course in the carrying and use of firearms.

(d)The applicant has provided the bureau with evidence that the applicant has completed a course in the exercise of the powers to arrest.

(e)The applicant is at least 21 years of age and the bureau has determined, after investigation, that the carrying and use of a firearm by the applicant, in the course of their duties, presents no apparent threat to the public safety, or the carrying and use of a firearm by the applicant is not in violation of the Penal Code.

(f)The applicant has produced evidence to the firearm training facility that the applicant is a citizen of the United States or has permanent legal immigration status in the United States. Evidence of citizenship or permanent legal immigration status shall be that deemed sufficient by the bureau to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, Department of Justice, Immigration and Naturalization Service Form I-151 or United States Citizenship and Immigration Services Form I-551 (Permanent Resident Card), naturalization documents, or birth certificates evidencing lawful residence or status in the United States.

(g)The application is accompanied by the fee prescribed in this chapter.

SEC. 9.2.Section 7596.3 of the Business and Professions Code is amended to read:7596.3.

The director shall issue a firearms permit when all of the following conditions exist:

(1)A sole owner of a sole ownership licensee.

(2)A partner of a partnership licensee.

(3)A qualified manager of a licensee.

(4)A designated branch office manager of a licensee.

(5)A registered alarm agent.

(c)(1)A bureau-certified firearms training instructor certifies that the applicant has successfully completed a written examination prepared by the bureau and a training course in the carrying and use of firearms approved by the bureau.

(2)An applicant who is a bureau-certified firearms training instructor is prohibited from self-certifying as having successfully carried out the requirement of paragraph (1) and shall instead carry out the requirements under another bureau-certified firearms training instructor.

(d)The applicant has provided the bureau with evidence that the applicant has completed a course in the exercise of the powers to arrest.

(f)The applicant has produced evidence to the firearm training facility that the applicant is a citizen of the United States or has permanent legal immigration status in the United States. Evidence of citizenship or permanent legal immigration status shall be that deemed sufficient by the bureau to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, Department of Justice, Immigration and Naturalization Service Form I-151 or United States Citizenship and Immigration Services Form I-551 (Permanent Resident Card), naturalization documents, or birth certificates evidencing lawful residence or status in the United States.

(g)The application is accompanied by the fee prescribed in this chapter.

SEC. 9.3.Section 7596.3 of the Business and Professions Code is amended to read:7596.3.

The director shall issue a firearms permit when all of the following conditions exist:

(1)A sole owner of a sole ownership licensee.

(2)A partner of a partnership licensee.

(3)A qualified manager of a licensee.

(4)A designated branch office manager of a licensee.

(5)A registered alarm agent.

(d)The applicant has provided the bureau with evidence that the applicant has completed a course in the exercise of the powers to arrest.

(f)The applicant has produced evidence to the firearm training facility that the applicant is a citizen of the United States or has permanent legal immigration status in the United States. Evidence of citizenship or permanent legal immigration status shall be that deemed sufficient by the bureau to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, Department of Justice, Immigration and Naturalization Service Form I-151 or United States Citizenship and Immigration Services Form I-551 (Permanent Resident Card), naturalization documents, or birth certificates evidencing lawful residence or status in the United States.

(g)The application is accompanied by the fee prescribed in this chapter.

(h)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 9.4.Section 7596.3 is added to the Business and Professions Code, to read:7596.3.

The director shall issue a firearms permit when all of the following conditions exist:

(1)A sole owner of a sole ownership licensee.

(2)A partner of a partnership licensee.

(3)A qualified manager of a licensee.

(4)A designated branch office manager of a licensee.

(5)A registered alarm agent.

(d)The applicant has provided the bureau with evidence that the applicant has completed a course in the exercise of the power to arrest and the appropriate use of force.

(f)The applicant has produced evidence to the firearm training facility that the applicant is a citizen of the United States or has permanent legal immigration status in the United States. Evidence of citizenship or permanent legal immigration status shall be that deemed sufficient by the bureau to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, Department of Justice, Immigration and Naturalization Service Form I-151 or United States Citizenship and Immigration Services Form I-551 (Permanent Resident Card), naturalization documents, or birth certificates evidencing lawful residence or status in the United States.

(g)The application is accompanied by the fee prescribed in this chapter.

(h)This section shall become operative on January 1, 2023.

SEC. 10.Section 7596.7 of the Business and Professions Code is amended to read:7596.7.

A firearms qualification card expires two years from the date of issuance, if not renewed. A person who wishes to renew a firearms qualification card shall file an application for renewal at least 60 days prior to the cards expiration. A person whose card has expired shall not carry a firearm until the person has been issued a renewal card by the bureau.

The director shall not renew a firearms qualification card unless all of the following conditions exist:

(a)The cardholder has filed with the bureau a completed application for renewal of a firearms qualification card, on a form prescribed by the director, dated and signed by the applicant under penalty of perjury certifying that the information on the application is true and correct.

(b)The application is accompanied by a firearms requalification fee as prescribed in this chapter.

(c)The applicant has requalified on the range and has successfully passed a written examination based on course content as specified in the firearms training manual approved by the department and taught at a training facility approved by the bureau.

(d)The applicant has produced evidence to the firearm training facility, either upon receiving an original qualification card or upon filing for renewal of that card, that the applicant is a citizen of the United States or has permanent legal immigration status in the United States. Evidence of citizenship or permanent legal immigration status is that deemed sufficient by the bureau to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, United States Citizenship and Immigration Services Form I-551 (Permanent Resident Card), naturalization documents, or birth certificates evidencing lawful residence or status in the United States.

(e)An expired firearms qualification card may not be renewed. A person with an expired firearms qualification card is required to apply for a new card in the manner required of persons not previously registered. A person whose card has expired shall not carry a firearm until the person has been issued a new firearms qualification card by the bureau.

SEC. 10.5.Section 7596.7 of the Business and Professions Code is amended to read:7596.7.

The director shall not renew a firearms qualification card unless all of the following conditions exist:

(b)The application is accompanied by a firearms requalification fee as prescribed in this chapter.

(c)(1)The applicant has requalified on the range and has successfully passed a written examination based on course content as specified in the firearms training manual approved by the department and taught at a training facility approved by the bureau.

SEC. 11.Section 22963 of the Business and Professions Code is amended to read:22963.

(a)The sale, distribution, or nonsale distribution of tobacco products directly or indirectly to any person under 21 years of age through the United States Postal Service or through any other public or private postal or package delivery service at locations, including, but not limited to, public mailboxes and mailbox stores, is prohibited.

(b)Any person selling or distributing, or engaging in the nonsale distribution of, tobacco products directly to a consumer in the state through the United States Postal Service or by any other public or private postal or package delivery service, including orders placed by mail, telephone, facsimile transmission, or the internet, shall comply with the following provisions:

(1)(A)Before enrolling a person as a customer, or distributing or selling, or engaging in the nonsale distribution of, the tobacco product through any of these means, the distributor or seller shall verify that the purchaser or recipient of the product is 21 years of age or older. The distributor or seller shall attempt to match the name, address, and date of birth provided by the customer to information contained in records in a database of individuals whose age has been verified to be 21 years or older by reference to an appropriate database of government records kept by the distributor, a direct marketing firm, or any other entity. In the case of a sale, the distributor or seller shall also verify that the billing address on the check or credit card offered for payment by the purchaser matches the address listed in the database.

(B)If the seller, distributor, or nonsale distributor, is unable to verify that the purchaser or recipient is 21 years of age or older pursuant to subparagraph (A), the seller, distributor, or nonsale distributor shall require the customer or recipient to submit an age-verification kit consisting of an attestation signed by the customer or recipient that the customer or recipient is 21 years of age or older and a copy of a valid form of government identification. For the purposes of this section, a valid form of government identification includes a drivers license, state identification card, passport, an official naturalization or immigration document, such as a permanent resident card (commonly known as a green card) or an immigrant visa, or military identification. In the case of a sale, the distributor or seller shall also verify that the billing address on the check or credit card provided by the consumer matches the address listed in the form of government identification.

(2)In the case of a sale, the distributor or seller shall impose a two-carton minimum on each order of cigarettes, and shall require payment for the purchase of any tobacco product to be made by personal check of the purchaser or the purchasers credit card. No money order or cash payment shall be received or permitted. The distributor or seller shall submit to each credit card acquiring company with which it has credit card sales identification information in an appropriate form and format so that the words tobacco product may be printed in the purchasers credit card statement when a purchase of a tobacco product is made by credit card payment.

(3)In the case of a sale, the distributor or seller shall make a telephone call after 5 p.m. to the purchaser confirming the order prior to shipping the tobacco products. The telephone call may be a person-to-person call or a recorded message. The distributor or seller is not required to speak directly with a person and may leave a message on an answering machine or by voice mail.

(4)(A)The nonsale distributor shall deliver the tobacco product to the recipients verified mailing address, or, in the case of a sale, the seller or distributor shall deliver the tobacco product to the purchasers verified billing address on the check or credit card used for payment.

(B)In the case of a nonsale, a recipient may designate an alternative address for delivery, if the recipients mailing address has been verified in accordance with this section.

(C)In the case of a sale, a purchaser may designate an alternative address for delivery, if the purchasers billing address has been verified in accordance with this section.

(D)A delivery described under this section shall not be permitted to any post office box.

(5)The tobacco product shall be delivered only in a container that is conspicuously labeled with the words: CONTAINS TOBACCO PRODUCTS: SIGNATURE OF PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY.

(6)Upon the delivery of the tobacco product to the recipients or purchasers address, the seller, distributor, or nonsale distributor shall obtain the signature of a person 21 years of age or older before completing the delivery.

(c)Notwithstanding subdivisions (a) and (b), if a seller, distributor, or nonsale distributor, complies with all of the requirements of this section and a person under 21 years of age obtains a tobacco product by any of the means described in subdivision (b), the seller, distributor, or nonsale distributor is not in violation of this section.

(d)For the purposes of the enforcement of this section pursuant to Section 22958, the acts of the United States Postal Service or other common carrier when engaged in the business of transporting and delivering packages for others, and the acts of a person, whether compensated or not, who transports or delivers a package for another person without any reason to know of the packages contents, are not unlawful and are not subject to civil penalties.

(e)(1)(A)For the purposes of this section, a distributor is any person or entity, within or outside the state, who agrees to distribute tobacco products to a customer or recipient within the state. The United States Postal Service or any other public or private postal or package delivery service is not a distributor within the meaning of this section.

(B)A nonsale distributor is any person inside or outside of this state who, directly or indirectly, knowingly provides tobacco products to any person in this state as part of a nonsale transaction. Nonsale distributor includes the person or entity who provides the tobacco product for delivery and the person or entity who delivers the product to the recipient as part of a nonsale transaction.

(C)Nonsale distribution means to give smokeless tobacco or cigarettes to the general public at no cost, or at nominal cost, or to give coupons, coupon offers, gift certificates, gift cards, or other similar offers, or rebate offers for smokeless tobacco or cigarettes to the general public at no cost or at nominal cost. Distribution of tobacco products, coupons, coupon offers, gift certificates, gift cards, or other similar offers, or rebate offers in connection with the sale of another item, including tobacco products, cigarette lighters, magazines, or newspapers shall not constitute nonsale distribution.

(2)For the purpose of this section, a seller is any person or entity, within or outside the state, who agrees to sell tobacco products to a customer within the state. The United States Postal Service or any other public or private postal or package delivery service is not a seller within the meaning of this section.

(3)For the purpose of this section, a carton is a package or container that contains 200 cigarettes.

(f)A district attorney, city attorney, or the Attorney General may assess civil penalties against any person, firm, corporation, or other entity that violates this section, according to the following schedule:

(1)A civil penalty of not less than one thousand dollars ($1,000) and not more than two thousand dollars ($2,000) for the first violation.

(2)A civil penalty of not less than two thousand five hundred dollars ($2,500) and not more than three thousand five hundred dollars ($3,500) for the second violation.

(3)A civil penalty of not less than four thousand dollars ($4,000) and not more than five thousand dollars ($5,000) for the third violation within a five-year period.

(4)A civil penalty of not less than five thousand five hundred dollars ($5,500) and not more than six thousand five hundred dollars ($6,500) for the fourth violation within a five-year period.

(5)A civil penalty of ten thousand dollars ($10,000) for a fifth or subsequent violation within a five-year period.

SEC. 12.Section 671 of the Civil Code is amended to read:671.

Any person, regardless of their citizenship status, may take, hold, and dispose of property, real or personal, within this state.

SEC. 13.Section 13000 of the Education Code is amended to read:13000.

(a)This part shall be known and may be cited as the California Civil Liberties Public Education Act. The purpose of the California Civil Liberties Public Education Act is to sponsor public educational activities and the development of educational materials to ensure that the events surrounding the exclusion, forced removal, and internment of citizens and permanent residents of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood.

(b)The Legislature finds and declares that the federal Commission on Wartime Relocation and Internment of Civilians (CWRIC) was established by Congress in 1980 to review the facts and circumstances surrounding Executive Order 9066, issued in February 19, 1942, and the impact of such Executive Order on American citizens and permanent residents... and to recommend appropriate remedies. The CWRIC issued a report of its findings in 1983 with the reports Personal Justice Denied and Personal Justice Denied-Part II, Recommendations. The reports were based on information gathered through 20 days of hearings in cities across the country, particularly the West Coast, hearing testimony from more than 750 witnesses: evacuees, former government officials, public figures, interested citizens, and historians and other professionals who have studied the subjects of Commission inquiry.

(c)The lessons to be learned from the internment of Japanese Americans during World War II are embodied in Personal Justice Denied-Part II, Recommendations. The CWRIC concluded as follows: In sum, Executive Order 9066 was not justified by military necessity, and the decisions that followed from it-exclusion, detention, the ending of detention and the ending of exclusion-were not founded upon military considerations. The broad historical causes that shaped these decisions were race prejudice, war hysteria, and a failure of political leadership. Widespread ignorance about Americans of Japanese descent contributed to a policy conceived in haste and executed in an atmosphere of fear and anger at Japan. A grave personal injustice was done to the American citizens and residents of Japanese ancestry who, without individual review or any probative evidence against them were excluded, removed and detained by the United States during World War II.

(d)The Legislature finds and declares that President Ronald Reagan signed into law the federal Civil Liberties Act of 1988 and declared during the signing ceremony that, This is a great day for America. In that act the Congress declared as follows:

The Congress recognizes that, as described in the Commission on Wartime Relocation and Internment of Civilians, a grave injustice was done to both citizens and permanent residents of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. As the Commission documents, these actions were carried out without adequate security reasons and without any acts of espionage or sabotage documented by the Commission, and were motivated largely by racial prejudice, wartime hysteria, and a failure of political leadership. The excluded individuals of Japanese ancestry suffered enormous damages, both material and intangible, and there were incalculable losses in education and job training, all of which resulted in significant human suffering for which appropriate compensation has not been made. For these fundamental violations of the basic civil liberties and constitutional rights of these individuals of Japanese ancestry, the Congress apologizes on behalf of the Nation.

(e)The Legislature further finds and declares that, just as in 1942 when President Franklin Roosevelt issued Executive Order 9066 calling for the exclusion and incarceration of Japanese Americans as national security threats, so in 2017 President Donald Trump has issued executive orders calling for a travel ban for immigrants and refugees from Muslim-majority countries on the basis of national security. Moreover, during the 2016 presidential campaign, President Trump called for a total and complete shutdown of Muslims entering the United States, as well as for a national Muslim registry. These actions and proposed actions made 75 years after the issuance of Executive Order 9066 highlight the ongoing need for public educational activities and the development of educational materials to ensure that the exclusion and incarceration of Japanese Americans will not only be remembered, but also properly understood, so that no group or community is ever again unjustly targeted as Japanese Americans were during World War II.

SEC. 14.Section 32400 of the Education Code, as amended by Section 2 of Chapter 69 of the Statutes of 2016, is amended to read:32400.

(a)The Legislature finds that as many as one million seven hundred thousand people could be granted amnesty and would seek permanent residency in California under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Under the act, eligible individuals would be required to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States.

(b)Further, it is the intent of the Legislature to establish a state test for use by eligible individuals that would attest to their understanding of English and understanding of the history and government of the United States to meet the requirements of Section 312 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1423) and the federal Immigration Reform and Control Act of 1986 (Public Law 99-603).

SEC. 15.Section 32401 of the Education Code, as added by Section 1 of Chapter 1491 of the Statutes of 1987, is amended to read:32401.

(a)The Superintendent of Public Instruction, in consultation with the Chancellor of the California Community Colleges, shall develop a test or adopt an existing test, subject to the approval of the United States Attorney General pursuant to the federal Immigration Reform and Control Act of 1986 (Public Law 99-603), to measure whether an eligible person has a minimal understanding of ordinary English and a knowledge and understanding of the history and government of the United States as required under Section 312 of the Immigration and Nationality Act (8 U.S.C. Sec. 1423).

(b)The Governor, the Superintendent of Public Instruction, the Chancellor of the California Community Colleges, the President pro Tempore of the Senate, and the Speaker of the Assembly shall petition the Director of the Immigration and Naturalization Service and the United States Attorney General for approval to use the test referred to in subdivision (a) as one means by which an eligible immigrant may satisfy the requirements under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603).

(c)The Superintendent of Public Instruction shall distribute this test to school districts, county offices of education, and community colleges, upon their request for purposes of administration, to eligible immigrants granted legal status pursuant to Section 245A of the Immigration and Nationality Act, as amended by the Federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Any school district, county office of education, or any other eligible agency which receives federal legalization impact-assistance funds to provide educational services may administer the test for purposes of determining the need of an eligible immigrant applying for legal status for appropriate educational services, and of allowing an eligible immigrant to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States. Test results shall be confidential and may not be released without the written consent of the eligible immigrant for any purpose that is not directly related to the provision of educational services. Upon request by an eligible immigrant applying for legal status, test results may be transmitted to the Immigration and Naturalization Service. School districts, county offices of education, community colleges, and any other eligible agencies that receive federal funds for this purpose shall administer the test using appropriate test monitor and control procedures and provide for necessary test security measures.

SEC. 16.Section 44275.6 of the Education Code is amended to read:44275.6.

(a)A school district, county office of education, and charter school shall annually report to the department, in a manner prescribed by the department, the number of visa applications for persons excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to Section 1101(a)(15)(H)(i)(b) of Title 8 of the United States Code that the school district, county office of education, or charter school applies for on behalf of potential employees, and the number of those visa applications that are granted.

(b)(1)The department shall annually report the information provided pursuant to subdivision (a) to the Legislature.

(2)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 17.Section 52382 of the Education Code is amended to read:52382.

A program of summer career technical and technical education may be established pursuant to this article by the governing board of any school district maintaining one or more high schools. Pupils who have completed grades 9 to 12, inclusive, may be permitted to participate in a program.

SEC. 18.Section 52613 of the Education Code, as added by Section 3 of Chapter 318 of the Statutes of 1987, is amended to read:52613.

(a)Notwithstanding any section to the contrary, each governing board of a school district maintaining classes for adults that issues a Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language Students, Form I-20AB, or completes Form I-20AB for a person described in subparagraph (F)(i) of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, for the purposes of enrolling that person in a class in English and citizenship for foreigners or a class in an elementary subject, shall charge that person a fee to cover the full costs of instruction, but in no case shall the fee exceed the actual cost of the instruction. The fee shall be adopted at a regular meeting of the governing board of each of these school districts maintaining classes for adults at least 90 days prior to the commencement of the classes for which the fee is charged.

(b)No district maintaining classes for adults shall include the attendance of F-1 visa students enrolled in a class in English and citizenship for foreigners or in a class in elementary subjects for apportionment purposes.

SEC. 19.Section 52651 of the Education Code, as added by Section 3 of Chapter 1068 of the Statutes of 1992, is amended to read:52651.

For the purposes of this chapter, unless the context otherwise requires, the following terms shall have the following meanings:

(a)Board of Governors means the Board of Governors of the California Community Colleges.

(b)Chancellor means the Chancellor of the California Community Colleges.

(c)Community-based organizations means public nonprofit benefit corporations of demonstrated effectiveness approved by the superintendent to provide educational services to eligible legalized persons.

(d)Department means the State Department of Education.

(e)Educational outreach activities means:

(1)Information transmitted to temporary resident persons who are not citizens or nationals of the United States regarding the requirements of the Immigration and Nationality Act of 1986 (8 U.S.C. Secs. 1160, 1161, and 1255a), as those requirements existed on the effective date of this chapter, relating to adjustment of resident status, sources of assistance to those persons who are not citizens or nationals of the United States obtaining adjustment of resident status, including educational, informational, and referral services, and the rights and responsibilities of those persons and persons lawfully admitted for permanent residence, the identification of health, employment, and social services, and the importance of identifying oneself as a temporary resident who is not a citizen or national of the United States to service providers. It does not include client counseling or any other service that would assume responsibility of the persons application for the adjustment of resident status.

(2)Information provided to newly legalized persons and other immigrants regarding educational opportunities available to them.

(f)Immigrant means a person who is a citizen of a country other than the United States and is eligible for education services in California or a naturalized United States citizen who is now residing in California.

(g)Newly legalized person means a person who is not a citizen or national of the United States who has been granted lawful temporary resident status under Sections 1160, 1161, and 1255a of Title 8 of the United States Code, as those sections exist on the effective date of this chapter. In addition, it means a person who has, after being granted lawful temporary resident status, obtained permanent resident or citizenship status.

(h)Services provider means any community-based organization, school district maintaining adult education programs, or community college that has been approved by the superintendent in the 199192 fiscal year as eligible to provide educational services to newly legalized persons pursuant to subdivision (k) of Section 23.50 of the Budget Act of 1991.

(i)SLIAG means the State Legalization Impact-Assistance Grants as set forth in Section 204 of the Immigration Reform and Control Act of 1986, (Sec. 204, P.L. 99-603), as it exists on the effective date of this chapter.

(j)Superintendent means the Superintendent of Public Instruction.

SEC. 20.Section 66270.3 of the Education Code is amended to read:66270.3.

Nothing in this chapter shall be construed to require a postsecondary institution to offer admission or student financial aid to a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subdivision (a) of Section 1101 of Title 8 of the United States Code, as that paragraph exists on January 1, 2019. However, students granted status pursuant to subparagraphs (T) or (U) of paragraph (15), as specified, shall not be subjected to discrimination in admission or financial aid on the basis of immigration status. Nothing in this chapter shall be construed to change a students eligibility for state financial aid.

SEC. 21.Section 68062 of the Education Code, as amended by Section 1 of Chapter 680 of the Statutes of 1983, is amended to read:68062.

In determining the place of residence the following rules are to be observed:

(a)There can only be one residence.

(b)A residence is the place where a person remains when not called elsewhere for labor or other special or temporary purpose, and to which the person returns in seasons of repose.

(c)A residence cannot be lost until another is gained.

(d)The residence can be changed only by the union of act and intent.

(e)A man or woman may establish a residence. A womans residence shall not be derivative from that of the womans husband.

(f)The residence of the parent with whom an unmarried minor child maintains the childs place of abode is the residence of the unmarried minor child. When the minor lives with neither parent, the minors residence is that of the parent with whom the minor maintained the minors last place of abode, provided the minor may establish a residence when both parents are deceased and a legal guardian has not been appointed.

(g)The residence of an unmarried minor who has a parent living cannot be changed by the minors own act, by the appointment of a legal guardian, or by relinquishment of a parents right of control.

(h)A person who is not a citizen or national of the United States, including one who is an unmarried minor, may establish a residence, unless precluded by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile in the United States.

(i)The residence of an unmarried minor who is not a citizen or national of the United States shall be derived from the minors parents pursuant to the provisions of subdivisions (f) and (g).

SEC. 22.Section 68130.5 of the Education Code is amended to read:68130.5.

Notwithstanding any other law:

(a)A student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the following requirements:

(1)Satisfaction of the requirements of either subparagraph (A) or subparagraph (B):

(A)A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following:

(i)California high schools.

(ii)California high schools established by the State Board of Education.

(iii)California adult schools established by any of the following entities:

(I)A county office of education.

(II)A unified school district or high school district.

(III)The Department of Corrections and Rehabilitation.

(iv)Campuses of the California Community Colleges.

(v)A combination of those schools set forth in clauses (i) to (iv), inclusive.

(B)Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools.

(C)(i)Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757. Attendance in credit courses at a campus of the California Community Colleges counted towards the requirements of this paragraph shall not exceed a total attendance of two years of full-time attendance.

(ii)Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code.

(2)Satisfaction of any of the following:

(A)Graduation from a California high school or attainment of the equivalent thereof.

(B)Attainment of an associate degree from a campus of the California Community Colleges.

(C)Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges.

(3)Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 200102 academic year.

(4)In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize the students immigration status, or will file an application as soon as the student is eligible to do so.

(b)A student who is exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes.

(c)The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section.

(d)Student information obtained in the implementation of this section is confidential.

SEC. 23.Section 76140 of the Education Code, as amended by Section 11 of Chapter 505 of the Statutes of 2018, is amended to read:76140.

(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (6), and shall exempt from all of the fee any person described in paragraph (4) or (5):

(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.

(2)Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis.

(3)(A)A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 200506 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue attending that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina.

(B)The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible.

(C)This paragraph shall apply only to the 200506 academic year.

(4)A special part-time student, other than a person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004.

(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:

(A)Demonstrates a financial need for the exemption.

(B)Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the students parent or guardian.

(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).

(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.

(E)Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate the students secondary school attendance.

(F)Upon enrollment, will be in the first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that the student intends to establish residency in California as soon as possible.

(6)(A)A student who attends Lake Tahoe Community College and who has residence, pursuant to subparagraph (B), in one of the following communities in Nevada:

(i)Incline Village.

(ii)Kingsbury.

(iii)Round Hill.

(iv)Skyland.

(v)Stateline.

(vi)Zephyr Cove.

(B)Residence shall be determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41 of Division 5. A person shall have residence in one of the communities listed in subparagraph (A) if the person has lived in the community for more than one year immediately prior to seeking the fee exemption pursuant to this paragraph.

(C)The governing board of the Lake Tahoe Community College District shall adopt rules and regulations for determining a students residence classification and for establishing procedures for an appeal and review of the residence classification. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year.

(b)A district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident students tuition fee.

(c)Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee may not be charged.

(d)The nonresident tuition fee shall be set by the governing board of each community college district not later than March 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district.

(e)(1)The fee established by the governing board pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following:

(A)The amount that was expended by the district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the district in the preceding fiscal year. However, if for the districts preceding fiscal year FTES of all students attending in the district in noncredit courses is equal to, or greater than, 10 percent of the districts total FTES attending in the district, the district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the district.

(B)The expense of education in the preceding fiscal year of all districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts.

(C)An amount not to exceed the fee established by the governing board of any contiguous district.

(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).

(E)An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency.

(2)The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 200910 Regular Session shall be used to expand and enhance services to resident students. In no event shall the admission of nonresident students come at the expense of resident enrollment.

(f)The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends.

(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.

(h)Any district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may exempt students from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.

(i)Any district that has more than 1,500, but less than 3,001, FTES and whose boundary is within 10 miles of another state that has a reciprocity agreement with California governing student attendance and fees may, in any one fiscal year, exempt up to 100 FTES from that state from the mandatory fee requirement described in subdivision (a) for nonresident students.

(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.

(k)This section shall become inoperative on July 1, 2022, and, as of January 1, 2023, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2023, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 24.Section 76140 of the Education Code, as amended by Section 12 of Chapter 505 of the Statutes of 2018, is amended to read:76140.

(a)A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), or (3), and shall exempt from all of the fee any person described in paragraph (4) or (5):

(1)All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis.

(C)This paragraph shall apply only to the 200506 academic year.

(5)A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements:

(A)Demonstrates a financial need for the exemption.

(C)Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B).

(D)Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California.

(C)An amount not to exceed the fee established by the governing board of any contiguous district.

(D)An amount not to exceed the amount that was expended by the district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B).

(g)Any loss in district revenue generated by the nonresident tuition fee shall not be offset by additional state funding.

(j)The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), or (5) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes pursuant to subdivision (h) or (i) shall pay a per unit fee that is three times the amount of the fee established for residents pursuant to Section 76300. That fee is to be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments.

(k)This section shall become operative on July 1, 2022.

SEC. 25.Section 241 of the Government Code is amended to read:241.

The citizens of the state are:

(a)All persons born in the state and residing within it, except the children of foreign public ministers and consuls.

(b)All persons born out of the state who are citizens of the United States and residing within the state.

SEC. 26.Section 242 of the Government Code is amended to read:242.

Persons in the state who are not its citizens are either:

(a)Citizens of other states; or

(b)Persons who are not citizens of the United States.

SEC. 27.Section 1031 of the Government Code is amended to read:1031.

Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards:

(a)Be a citizen of the United States or a permanent resident who is eligible for and has applied for citizenship, except as provided in Section 2267 of the Vehicle Code.

(b)Be at least 18 years of age.

(c)Be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose a criminal record.

(d)Be of good moral character, as determined by a thorough background investigation.

(e)Be a high school graduate, pass the General Education Development Test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level, pass the California High School Proficiency Examination, or have attained a two-year, four-year, or advanced degree from an accredited college or university. The high school shall be either a United States public school, an accredited United States Department of Defense high school, or an accredited or approved public or nonpublic high school. Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using local or state government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA).

(f)Be found to be free from any physical, emotional, or mental condition that might adversely affect the exercise of the powers of a peace officer.

(1)Physical condition shall be evaluated by a licensed physician and surgeon.

(2)Emotional and mental condition shall be evaluated by either of the following:

(A)A physician and surgeon who holds a valid California license to practice medicine, has successfully completed a postgraduate medical residency education program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, and has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the psychiatric residency program.

(B)A psychologist licensed by the California Board of Psychology who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued postdoctorate.

The physician and surgeon or psychologist shall also have met any applicable education and training procedures set forth by the California Commission on Peace Officer Standards and Training designed for the conduct of preemployment psychological screening of peace officers.

(g)This section shall not be construed to preclude the adoption of additional or higher standards, including age.

SEC. 28.Section 1031.5 of the Government Code is amended to read:1031.5.

(a)Any person employed by a governmental agency on September 13, 1982, as a peace officer or a peace officer trainee, or who, prior to September 13, 1982, had applied to fill a position as a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, is not subject to the requirement of subdivision (a) of Section 1031 prior to its amendment by Chapter 943 of the Statutes of 1982, provided that any person qualifying for this exemption shall, as soon as legally possible, apply for and meet all of the requirements for United States citizenship specified in existing law, and shall be subject to subdivisions (b) and (c).

(b)Any permanent resident immigrant who is employed as a peace officer shall diligently cooperate with the United States Citizenship and Immigration Services in the processing of the officers application for citizenship and shall be disqualified from holding that position if, three years after the filing of the application for employment, the person has not obtained citizenship due to the officers failure to cooperate in the processing of the application for citizenship.

(c)Any permanent resident immigrant who is employed as a peace officer shall be disqualified from holding that position if the officers application for citizenship is denied.

(d)For purposes of this section, immigrant means a person who is not a citizen or national of the United States.

SEC. 29.Section 3101 of the Government Code is amended to read:3101.

For the purpose of this chapter the term disaster service worker includes all public employees and all volunteers in any disaster council or emergency organization accredited by the Office of Emergency Services. The term public employees includes all persons employed by the state or any county, city, city and county, state agency, or public district, excluding a person who is legally employed but who is not a citizen or national of the United States.

SEC. 30.Section 8880.325 of the Government Code is amended to read:8880.325.

The right of any person to a prize shall not be assignable, except that the payment of any prize may be assigned, in whole or in part, as provided by Section 8880.326 and this section, under any of the following circumstances:

(a)An assignment executed by the prizewinner on a form approved by, and filed with, the commission during the prizewinners lifetime in accordance with regulations adopted by the commission, to a trust that by its terms is revocable, and that is established by the prizewinner for the benefit of the prizewinner as a beneficiary and governed by the laws of the state.

(b)An appropriate judicial order appointing a conservator or a guardian for the protection of the prizewinner, or for adjudicating rights to, or ownership of, the prize.

(c)An assignment, as collateral, to a person to secure a loan pursuant to Division 9 (commencing with Section 9101) of the Commercial Code. The assignment as collateral of the right to receive payment of a prize shall be subject to all of the following:

(1)All security agreements, rights of the prizewinner, and rights of the secured creditor shall be determined pursuant to the laws of the state.

(2)In the event of a default under the loan or security agreement, the secured creditors rights shall be limited to receiving the regular payments made by the lottery, based on the prizewinners right to receive a regular prize payment until the obligation has been paid in full or the prize has been paid in full, whichever occurs first. Notwithstanding Division 9 (commencing with Section 9101) of the Commercial Code, the secured creditor shall not have the right to sell or assign the prizewinners rights to payments to itself or to any other person. This section shall not limit the secured creditors right to sell, assign, or transfer the obligation of the debtor and related security interest to a third party.

(3)The prizewinner and secured creditor may agree, and may jointly instruct the lottery, to directly deposit all prizewinning payments into an account maintained by the prizewinner at a federally insured financial institution located within the state. This account may be subject to the secured creditors lien. Upon receipt of these instructions, the lottery shall continue to deposit all payments due to the prizewinner into the account until the lottery receives notification from both the secured creditor and the prizewinner that the payments are to be made to an account maintained at another bank, or that the secured creditor releases or terminates the security interest in the prizewinners payments.

(4)(A)The prizewinner, pursuant to an order of the court obtained in compliance with subdivision (d), may direct the lottery to make the prize payments, in whole or in part, directly to the secured creditor. A direction to the lottery to make a prize payment to a secured creditor shall not, in itself, constitute an assignment of the prize payment to the secured creditor.

(B)For purposes of this paragraph and subdivision (d), assignee and secured creditor are synonymous, and assignment or prize payment means the payment that is directed to be paid to the secured creditor.

(5)For purposes of perfecting the security interest of the secured creditor, the right of the prizewinner to receive payments is deemed to be a contract right that is perfected by the filing of a financing statement with the office of the Secretary of State.

(6)A copy of the security agreement, an endorsed copy of the financing statement, and the joint instruction to deposit the prizewinners payments directly into an account, if any, at the financial institution shall be filed with the lottery. Notwithstanding the security interest granted a creditor, all lottery payments shall be made payable directly to the prizewinner, except as follows:

(A)Payments sent directly to the financial institution designated pursuant to paragraph (3).

(B)In the event of a default under the security agreement or obligation it secures, payments sent directly to the secured creditor pursuant to an order of a court of competent jurisdiction determining that the payments are to be made directly to the secured creditor.

(7)Upon the termination or release of the security interest, the secured creditor shall file an endorsed copy of the release or termination of the security interest with the lottery.

(d)Except as provided in subdivision (k), an assignment of future payments to another person designated pursuant to an appropriate judicial order of a California superior court or a federal court having jurisdiction over property located within California, if the court determines and states in its order all of the following:

(1)That the prizewinner was represented by independent legal counsel whose name and State Bar of California number appears as counsel of record on all pleadings filed in all court proceedings. The prizewinners legal counsel shall appear as counsel of record at any proceedings that are required by the court.

(2)That the prizewinner has represented to the court, either by sworn testimony if a personal appearance is required by the court, or by written declaration filed with the court under penalty of perjury, and that the court has determined these representations to be true and correct, that the prizewinner (A) has reviewed and understands the terms and effects of the assignment, (B) understands that the prizewinner will not receive the prize payments, or portions thereof, for the years assigned, (C) has entered into the agreement of their own free will without undue influence or duress and not under the influence of drugs or alcohol, (D) has had an opportunity to retain independent financial and tax advice, and (E) has been represented by independent legal counsel, who has advised the prizewinner of their legal rights and obligations under the assignment.

(3)It shall be the responsibility of the prizewinner to bring to the attention of the court, either by sworn testimony or by written declaration submitted under penalty of perjury, the existence or nonexistence of a current spouse. If married, the prizewinner shall identify their spouse and submit to the court a signed and notarized statement wherein the spouse consents to the assignment. If the prizewinner is married, and the notarized statement is not presented to the court, the court shall determine, to the extent necessary and as appropriate under applicable law, the ability of the prizewinner to make the proposed assignment without the spouses consent.

(4)The specific prize payment or payments assigned, or any portion thereof, including the dates and amounts of the payments to be assigned, the years in which each payment is to begin and end, the gross amount of the annual payments assigned before taxes, the prizewinners name as it appears on the lottery claim form, the full legal name of the assignor if different than the prizewinners name as it appears on the lottery claim form, the assignors social security or tax identification number, the assignees full legal name and social security or tax identification number, and, if applicable, the citizenship or United States Citizenship and Immigration Services-assigned number of the assignee if a natural person.

(5)Expressly identifies the amount, the date if available, any nonspouse coowner, claimant, or lienholder, and the interests, liens, security interests, assignments, or offsets asserted by the state or other persons against any of the prize payments, including, but not limited to, those payments that are the subject of the proposed assignment as those interests, liens, security interests, assignments, or offsets have been represented to the court by the prizewinner in a written declaration signed under penalty of perjury and filed with the court.

(6)That the lottery and the State of California are not parties to the proceeding, and that the lottery and the state may rely upon the order in disbursing the prize payments that are the subject of the order. Further, that upon payment of prize moneys pursuant to an order of the court, the lottery, the director, the commission, and the employees of the lottery and the state shall be discharged of all liability for the prize paid, and these persons and entities shall have no duty or obligation to any person asserting another interest in, or right to receive, the prize payment.

(7)That the prizewinner or the proposed assignee has obtained and filed with the court a notification from the lottery of any liens, levies, or claims, and from the Controllers office of any offsets, asserted as of that time against the prizewinner, as reflected in their respective official records as of the time of the notification. The date of the notification shall not be more than 20 days prior to the court hearing, unless extended by the court.

(e)The assignment of the right to receive any prize payment or payments by the prizewinner pursuant to subdivision (d) shall be conditioned on the following terms, conditions, and rights, which may not be waived or modified by the prizewinner:

(1)The payment of moneys to, or on behalf of, the prizewinner by the assignee, in consideration for the assignment of the prize payment or payments, shall be made in full prior to the time when, under the terms of the assignment, the lottery is required to make the first prize payment to the assignee, or may be made in two installments, the first being paid prior to the time when, under the terms of the assignment, the lottery is required to make the first prize payment to the assignee and the second installment within 11 months thereafter. The second installment shall not be in an amount that exceeds the first installment. Notwithstanding this paragraph, any other installment payment schedule is permitted if the installment obligation relating to the installments is guaranteed by a financial institution, as defined in paragraph (2) of subdivision (a) of Section 4981 of the Financial Code, or a brokerage firm that is a member of the Securities Investor Protection Corporation (SIPC), as required by the federal Securities Investor Protection Act of 1970 (15 U.S.C. Sec. 78aaa et seq.).

(2)If the prizewinner elects to accept the consideration to be paid for the assignment in two installments as provided in paragraph (1), the prizewinner shall have a special lien for the balance of any payment due, effective without any further action, agreement, or notice, on any of the prize payments assigned by the prizewinner for the payment of moneys from the assignee. This lien shall terminate upon the prizewinner receiving actual payment of the moneys. The tendering of a check, payment instrument, or recital of payment shall not constitute actual payment of moneys for the purposes of this paragraph. Notwithstanding this paragraph, if a prizewinner accepts an installment obligation guaranteed by a Federal Deposit Insurance Corporation (FDIC) or SIPC insured entity, then the lien created by this section shall automatically terminate upon delivery of the installment obligation.

(3)The Legislature finds and declares that the creation of a statutory lien in favor of a prizewinner is necessary to protect the rights of the prizewinner from any creditors, subsequent bankruptcy trustees of the assignee, or from any subsequent assignees when the prizewinner has not received full payment for the assigned prize payments.

(f)Prior to the assignment of any prize as provided in subdivisions (c) and (d), the Controller shall determine whether the prizewinner owes any obligation that is subject to offset under Article 2 (commencing with Section 12410) of Chapter 5 of Part 2 of Division 3, and shall provide written notification of that determination to the lottery and to the Secretary of State.

(g)If the lottery determines that the court order issued pursuant to subdivision (d) is complete and correct in all respects, the lottery shall send the prizewinner and the assignee or assignees written confirmation of receipt of the court-ordered assignment and of the lotterys intention to rely on that assignment in making future payments to the assignee or assignees named in the court order.

(h)Notwithstanding any other law, by entering into an agreement to assign any prize payments pursuant to subdivision (c) or (d), a prizewinner shall be deemed to have waived any statutory period of limitation as to the State of California enforcing any rights against annual prize payments due after the last assigned payment is paid or released, if assigned as collateral, from the lien granted the secured creditor.

(i)The assignment of prize payments pursuant to either subdivision (c) or (d) shall not be valid or allowed for the final three annual prize payments from the lottery to the prizewinner unless the contract assigning all or any part of the final three annual prize payments is entered into on or after the effective date of the act adding this subdivision.

(j)Any loans made to a prizewinner pursuant to this section shall be exempt from the usury provisions of Article XV of the California Constitution with respect to an assignment of a lottery prize as collateral to secure a loan.

(k)(1)Notwithstanding any other provision of this section, a prizewinner shall not have the right to assign prize payments pursuant to subdivision (d), or to direct the payment of a prize pursuant to paragraph (4) of subdivision (c), if either of the following occurs:

(A)The issuance by the United States Internal Revenue Service (IRS) of a technical rule letter, revenue ruling, or other public ruling of the IRS in which the IRS determines that, based upon the right of assignment provided in subdivision (d), a California lottery prizewinner who does not assign any prize payments pursuant to subdivision (d) would be subject to an immediate income tax liability for the value of the entire prize rather than annual income tax liability for each installment when paid.

(B)The issuance by a court of competent jurisdiction of a published decision holding that, based upon the right of assignment provided in subdivision (d), a California lottery prizewinner who does not assign any prize payments pursuant to subdivision (d) would be subject to an immediate income tax liability for the value of the entire prize rather than annual income tax liability for each installment when paid.

(2)Upon receipt of a letter or ruling from the IRS or a published decision of a court of competent jurisdiction, as specified in paragraph (1), the director shall immediately file a copy of that letter, ruling, or published decision with the Secretary of State. Immediately upon the filing by the director of a letter, ruling, or published decision with the Secretary of State, a prizewinner shall be ineligible to assign a prize pursuant to subdivision (d), or to direct the payment of a prize pursuant to paragraph (4) of subdivision (c).

SEC. 31.Section 12621 of the Government Code is amended to read:12621.

For the purposes of this article, the following terms shall have the following meaning unless the context clearly requires otherwise:

(a)International student exchange visitor placement organization or organization means a person, partnership, corporation, or other entity that regularly arranges the placement of international student exchange visitors for the purpose, in whole or in part, of providing the students with the opportunity to attend a school that maintains kindergarten and grades 1 to 12, inclusive, in the United States.

(b)International student exchange visitor or student means any person 18 years of age or under, or up to 21 years of age if enrolled or to be enrolled in high school in this state, who enters the United States on a nonimmigrant visa and who is placed by an international student exchange visitor placement organization in an elementary or secondary school or other educational program in this state.

(c)Nonimmigrant visa means a visa category assigned by the United States Department of Homeland Security pursuant to Section 1101 of Title 8 of the United States Code to nonresident students whose primary purpose for visiting the United States is to study at the elementary or secondary school level or participate in any other educational program.

(d)USIA means the United States Information Agency designated to administer the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. Sec. 2451; 22 C.F.R. 514.1 et seq.).

(e)Registry means the Registry of International Student Exchange Visitor Placement Organizations established pursuant to Section 12622.

SEC. 32.Section 68109 of the Government Code is amended to read:68109.

(a)Every court of this state shall cooperate with the United States Department of Homeland Security (DHS) to identify and place a deportation hold on any defendant convicted of a felony who is determined to be an undocumented immigrant subject to deportation.

(b)As used in this section, cooperate means to provide the DHS and its agents with access to all court records available to the public pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code and to provide any necessary paperwork within a reasonable time.

(c)As used in this section, immigrant means a person who is not a citizen or national of the United States.

SEC. 33.Section 1596.601 of the Health and Safety Code is amended to read:1596.601.

Any child care provider who possesses any one of the following identification cards may initiate a background examination to be a trustline provider:

(a) A valid California drivers license.

(b) A valid identification card issued by the Department of Motor Vehicles.

(d) In the case of a person living in a state other than California, a valid numbered photo identification card issued by an agency of the state other than California.

SEC. 34.Section 1796.22 of the Health and Safety Code is amended to read:1796.22.

Any individual who has submitted a home care aide application and who possesses any one of the following identification cards may initiate a background examination to be a registered home care aide:

(a)A valid California drivers license.

(b)A valid identification card issued by the Department of Motor Vehicles.

(c)A valid Permanent Resident Card.

(d)In the case of a person living in a state other than California, a valid numbered photo identification card issued by an agency of the state other than California.

SEC. 35.Section 1796.32 of the Health and Safety Code is amended to read:1796.32.

Any individual who has submitted an application and who possesses any one of the following identification cards may initiate a background examination to be a licensed home care organization:

(a)A valid California drivers license.

(b)A valid identification card issued by the Department of Motor Vehicles.

(c)A valid Permanent Resident Card.

(d)In the case of a person living in a state other than California, a valid numbered photo identification card issued by an agency of the state other than California.

SEC. 36.Section 50205 of the Health and Safety Code is amended to read:50205.

(a)As used in this section:

(1)Employer means a person or entity who has petitioned, or will petition, to import an H-2A worker pursuant to Section 1188 of Title 8 of the United States Code to work on the employers agricultural land.

(2)H-2A worker means a nonimmigrant person excluded from the term immigrant, for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to Section 1101(a)(15)(H)(ii)(a) of Title 8 of the United States Code employed to work for an employer.

(3)State funding means any provision of moneys or other financial assistance provided by the state or a state agency, including, but not limited to, grants, loans, and write-downs of land costs, but does not include any allocation of federal or state low-income housing tax credits pursuant to Chapter 3.6 (commencing with Section 50199.4) of this part or Sections 12206, 17058, or 23610.5 of the Revenue and Taxation Code.

(b)(1)Notwithstanding any other law and subject to paragraph (2), state funding shall not be provided to an employer or its agent who employs at least one H-2A worker for the purposes of funding predevelopment of, developing, or operating any housing.

(2)Any employer or other recipient of state funding who utilizes state funding for the purposes described in paragraph (1) shall reimburse the state or state agency that provided the funding in an amount equal to the amount of that state funding expended for those purposes.

(3)This subdivision shall not apply to any contract or other enforceable agreement pursuant to which the state or a state agency provides state funding that was entered into prior to January 1, 2020.

(4)The department shall not be responsible for inspecting units that are not subsidized by funding received by the department.

(5)A person or entity who receives state funding on and after January 1, 2020, and expends any of those funds for the purpose of funding predevelopment of, developing, or operating any housing shall submit a declaration to the entity administering the funding which declares the following:

(A)(i)The person or entity is not an agricultural employer, as defined in Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in Section 1682 of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in Section 50205.

(ii)The person or entity will not rent, sell, or sublease housing funded pursuant to this chapter to an agricultural employer, as defined in Section 1140.4 of the Labor Code, or its agent, or a farm labor contractor, as defined in Section 1682 of the Labor Code, or its agent, who employs at least one H-2A worker, as defined in Section 50205, until the expiration of the regulatory agreement or affordability covenant, as applicable.

(B)The declaration described in subparagraph (A) may be met through the inclusion in a regulatory agreement, contract, or affordability covenant, as applicable, with the entity administering the funding program that is signed by the person or entity receiving funds.

SEC. 37.Section 12693.76 of the Insurance Code is amended to read:12693.76.

(a)Notwithstanding any other provision of law, a child who meets the definition of the term defined in subsection (b) or (c) of Section 1641 of Title 8 of the United States Code shall not be determined ineligible solely on the basis of the childs date of entry into the United States.

(b)Notwithstanding any other provision of law, subdivision (a) may only be implemented to the extent provided in the annual Budget Act.

(c)Notwithstanding any other provision of law, any uninsured parent or responsible adult who meets the definition of the term defined in subsection (b) or (c) of Section 1641 of Title 8 of the United States Code shall not be determined to be ineligible solely on the basis of that persons date of entry into the United States.

(d)Notwithstanding any other provision of law, subdivision (c) may only be implemented to the extent of funding provided in the annual Budget Act.

SEC. 38.Section 350 of the Labor Code is amended to read:350.

As used in this article, unless the context indicates otherwise:

(a)Employer means every person engaged in any business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis.

(b)Employee means every person, including minors and persons who are not citizens or nationals of the United States, rendering actual service in any business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis.

(c)Employing includes hiring, or in any way contracting for, the services of an employee.

(d)Agent means every person other than the employer having the authority to hire or discharge any employee or supervise, direct, or control the acts of employees.

(e)Gratuity includes any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron. Any amounts paid directly by a patron to a dancer employed by an employer subject to Industrial Welfare Commission Order No. 5 or 10 shall be deemed a gratuity.

(f)Business means any business establishment or enterprise, regardless of where conducted.

SEC. 39.Section 2051 of the Labor Code is amended to read:2051.

As used in this part:

(a)Car washing and polishing means washing, cleaning, drying, polishing, detailing, servicing, or otherwise providing cosmetic care to vehicles. Car washing and polishing does not include motor vehicle repair, as defined in Section 9880.1 of the Business and Professions Code.

(b)(1)Employer means any individual, partnership, corporation, limited liability company, joint venture, or association engaged in the business of car washing and polishing that engages any other individual in providing those services.

(2)Employer does not include any charitable, youth, service, veteran, or sports group, club, or association that conducts car washing and polishing on an intermittent basis to raise funds for charitable, education, or religious purposes. Employer does not include any licensed vehicle dealer or car rental agency that conducts car washing and polishing ancillary to its primary business of selling, leasing, or servicing vehicles. Employer does not include either a new motor vehicle dealer, as defined in Section 426 of the Vehicle Code, that is primarily engaged in the business of selling, leasing, renting, or servicing vehicles or an automotive repair dealer, as defined by subdivision (a) of Section 9880.1 of the Business and Professions Code, who is primarily engaged in the business of repairing and diagnosing malfunctions of motor vehicles. Employer does not include any self-service car wash or automated car wash that has employees for cashiering or maintenance purposes only.

(c)Employee means any person, including a minor or a person who is not a citizen or national of the United States, who renders actual car washing and polishing services in any business for an employer, whether for tips or for wages, and whether wages are calculated by time, piece, task, commission, or other method of calculation, and whether the services are rendered on a commission, concessionaire, or other basis.

(d)Commissioner means the Labor Commissioner.

SEC. 40.Section 3351 of the Labor Code is amended to read:3351.

Employee means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes:

(a)Persons who are not citizens or nationals of the United States and minors.

(b)All elected and appointed paid public officers.

(c)All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay. An officer or member of a board of directors may elect to be excluded from coverage in accordance with paragraph (16), (18), or (19) of subdivision (a) of Section 3352.

(d)Except as provided in paragraph (8) of subdivision (a) of Section 3352, any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant.

(e)All persons incarcerated in a state penal or correctional institution while engaged in assigned work or employment as defined in paragraph (1) of subdivision (a) of Section 10021 of Title 8 of the California Code of Regulations, or engaged in work performed under contract.

(f)All working members of a partnership or limited liability company receiving wages irrespective of profits from the partnership or limited liability company. A general partner of a partnership or a managing member of a limited liability company may elect to be excluded from coverage in accordance with paragraph (17) of subdivision (a) of Section 3352.

(g)A person who holds the power to revoke a trust, with respect to shares of a private corporation held in trust or general partnership or limited liability company interests held in trust. To the extent that this person is deemed to be an employee described in subdivision (c) or (f), as applicable, the person may also elect to be excluded from coverage as described in subdivision (c) or (f), as applicable, if that person otherwise meets the criteria for exclusion, as described in Section 3352.

(h)A person committed to a state hospital facility under the State Department of State Hospitals, as defined in Section 4100 of the Welfare and Institutions Code, while engaged in and assigned work in a vocation rehabilitation program, including a sheltered workshop.

(i)Beginning on July 1, 2020, any individual who is an employee pursuant to Section 2750.3. This subdivision shall not apply retroactively.

SEC. 41.Section 550 of the Military and Veterans Code is amended to read:550.

Whenever any part of the National Guard of this state is in active federal service, or when Congress consents thereto, the Governor may organize and maintain within this state during that period, under regulations the Secretary of Defense of the United States may prescribe for discipline in training, the military forces the Governor deems necessary to defend and for the security of this state; provided, however, the Governor may authorize the organization and maintenance of these forces at cadre strength at any time. These forces shall be composed of officers commissioned or assigned, and the qualified citizens or persons who are not citizens or nationals of the United States who have declared their intentions to become citizens and who volunteer for service, supplemented, if necessary, by members of the unorganized militia enrolled by draft or otherwise as provided by law. These forces shall be additional to and distinct from the National Guard and shall be known as the State Guard. These forces shall be uniformed under the conditions and subject to the regulations as the Governor may prescribe.

SEC. 42.Section 112 of the Penal Code is amended to read:112.

(a)Any person who manufactures or sells any false government document with the intent to conceal the true citizenship or resident status for immigration purposes of another person is guilty of a misdemeanor and shall be punished by imprisonment in a county jail for one year. Every false government document that is manufactured or sold in violation of this section may be charged and prosecuted as a separate and distinct violation, and consecutive sentences may be imposed for each violation.

(b)A prosecuting attorney shall have discretion to charge a defendant with a violation of this section or any other law that applies.

(c)As used in this section, government document means any document issued by the United States government or any state or local government, including, but not limited to, any passport, immigration visa, employment authorization card, birth certificate, drivers license, identification card, or social security card.

SEC. 43.Section 113 of the Penal Code is amended to read:113.

Any person who manufactures, distributes, or sells false documents to conceal the true citizenship or resident status for immigration purposes of another person is guilty of a felony, and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for five years or by a fine of seventy-five thousand dollars ($75,000).

SEC. 44.Section 114 of the Penal Code is amended to read:114.

Any person who uses false documents to conceal their true citizenship or resident status for immigration purposes is guilty of a felony, and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for five years or by a fine of twenty-five thousand dollars ($25,000).

SEC. 45.Section 530.55 of the Penal Code is amended to read:530.55.

(a)For purposes of this chapter, person means a natural person, living or deceased, firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity, or any other legal entity.

(b)For purposes of this chapter, personal identifying information means any name, address, telephone number, health insurance number, taxpayer identification number, school identification number, state or federal drivers license, or identification number, social security number, place of employment, employee identification number, professional or occupational number, mothers maiden name, demand deposit account number, savings account number, checking account number, PIN (personal identification number) or password, United States Citizenship and Immigration Services-assigned number, government passport number, date of birth, unique biometric data including fingerprint, facial scan identifiers, voiceprint, retina or iris image, or other unique physical representation, unique electronic data including information identification number assigned to the person, address or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, or credit card number of an individual person, or an equivalent form of identification.

SEC. 46.Section 3082 of the Penal Code is amended to read:3082.

Each county board may make and establish written rules and regulations for the unconditional release of and may unconditionally release any prisoner who is not a citizen or national of the United States and who voluntarily consents to return or to be returned to their native land and who actually returns or is returned. The necessary expenses of the transportation of the prisoner and officers or attendants in charge of the prisoner may be paid by the county, upon order of the board of supervisors authorizing or ratifying the return of the prisoner at the expense of the county.

SEC. 47.Section 3083 of the Penal Code is amended to read:3083.

Whenever the board designates deputies to serve as temporary commissioners in considering applications for parole of prisoners, such temporary commissioners or deputies may also exercise all the powers granted by this article relative to the unconditional release of prisoners who are not citizens or nationals of the United States.

SEC. 48.Section 4017.1 of the Penal Code is amended to read:4017.1.

(a)(1)Except as provided in paragraph (2), any person confined in a county jail, industrial farm, road camp, or city jail who is required or permitted by an order of the board of supervisors or city council to perform work, and any person while performing community service in lieu of a fine or custody or who is assigned to work furlough, may not be employed to perform any function that provides access to personal information of private individuals, including, but not limited to, the following: addresses; telephone numbers; health insurance, taxpayer, school, or employee identification numbers; mothers maiden names; demand deposit account, debit card, credit card, savings account, or checking account numbers, PINs, or passwords; social security numbers; places of employment; dates of birth; state- or government-issued drivers license or identification numbers; United States Citizenship and Immigration Services-assigned numbers; government passport numbers; unique biometric data, such as fingerprints, facial scan identifiers, voice prints, retina or iris images, or other similar identifiers; unique electronic identification numbers; address or routing codes; and telecommunication identifying information or access devices.

(2)Notwithstanding paragraph (1), persons assigned to work furlough programs may be permitted to work in situations that allow them to retain or look at a drivers license or credit card for no longer than the period of time needed to complete an immediate transaction. However, no person assigned to work furlough shall be placed in any position that may require the deposit of a credit card or drivers license as insurance or surety.

(b)Any person confined in a county jail, industrial farm, road camp, or city jail who has access to any personal information shall disclose that they are confined before taking any personal information from anyone.

(c)This section shall not apply to inmates in employment programs or public service facilities where incidental contact with personal information may occur.

SEC. 49.Section 5025 of the Penal Code, as amended by Section 133 of Chapter 91 of the Statutes of 1995, is amended to read:5025.

(a)Immediately upon the effective date of the amendments to this section made at the 199394 First Extraordinary Session of the Legislature, the Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall implement and maintain procedures to identify, within 90 days of assuming custody, inmates serving terms in state prison or wards of the Department of Youth and Community Restoration who are undocumented felons subject to deportation. The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall refer to the United States Department of Homeland Security the name and location of any inmate or ward who may be an undocumented immigrant and who may be subject to deportation for a determination of whether the inmate or ward is undocumented and subject to deportation. The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall make case files available to the United States Department of Homeland Security for purposes of investigation.

(b)The procedures implemented by the department pursuant to subdivision (a) shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in the state prison:

(1)Country of citizenship.

(2)Place of birth.

(3)Inmates statements.

(4)Prior parole records.

(5)Prior arrest records.

(6)Probation Officers Report (POR).

(7)Information from the Department of Justices Criminal Identification and Information Unit.

(8)Other legal documents.

(c)Within 48 hours of identifying an inmate or ward as an undocumented felon pursuant to subdivision (a), the Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cause the inmate or ward to be transferred to the custody of the United States Attorney General for appropriate action. Once an inmate or ward has been identified as an undocumented felon by the United States Immigration and Naturalization Service, the inmate or ward shall not undergo any additional evaluation or classification procedures other than those required for the safety or security of the institution, the inmate or ward, or the public.

(d)The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall report quarterly to the Legislature the number of persons referred to the United States Department of Homeland Security pursuant to subdivision (a). The report shall contain the number of persons transported, the race, national origin, and national ancestry of persons transported, the offense or offenses for which the persons were committed to state prison, and the facilities to which the persons were transported.

(e)For purposes of this section, immigrant means a person who is not a citizen or national of the United States.

SEC. 50.Section 5026 of the Penal Code is amended to read:5026.

(a)The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison.

(b)For purposes of this section, immigrant means a person who is not a citizen or national of the United States.

SEC. 51.Section 5071 of the Penal Code is amended to read:5071.

(a)The Secretary of the Department of Corrections and Rehabilitation shall not assign any prison inmate to employment that provides that inmate with access to personal information of private individuals, including, but not limited to, the following: addresses; telephone numbers; health insurance, taxpayer, school, or employee identification numbers; mothers maiden names; demand deposit account, debit card, credit card, savings account, or checking account numbers, PINs, or passwords; social security numbers; places of employment; dates of birth; state- or government-issued drivers license or identification numbers; United States Citizenship and Immigration Services-assigned numbers; government passport numbers; unique biometric data, such as fingerprints, facial scan identifiers, voice prints, retina or iris images, or other similar identifiers; unique electronic identification numbers; address or routing codes; and telecommunication identifying information or access devices.

(b)Any person who is a prison inmate, and who has access to any personal information, shall disclose that they are a prison inmate before taking any personal information from anyone.

(c)This section shall not apply to inmates in employment programs or public service facilities where incidental contact with personal information may occur.

SEC. 52.Section 29505 of the Penal Code is amended to read:29505.

(a)Requests for entertainment firearms permits shall be made on application forms prescribed by the Department of Justice that require applicant information, including, but not limited to, the following:

(1)Complete name.

(2)Residential and mailing address.

(3)Telephone number.

(4)Date of birth.

(5)Place of birth.

(6)Country of citizenship and, if other than United States, United States Citizenship and Immigration Services-assigned number.

(7)Valid drivers license number or valid identification card number issued by the California Department of Motor Vehicles.

(8)Social security number.

(9)Signature.

(b)All applications must be submitted with the appropriate fee as specified in Section 29510.

SEC. 53.Section 33850 of the Penal Code, as added by Section 10 of Chapter 780 of the Statutes of 2018, is amended to read:33850.

(a)Any person who claims title to any firearm, ammunition feeding device, or ammunition that is in the custody or control of a court or law enforcement agency and who wishes to have the firearm, ammunition feeding device, or ammunition returned shall make application for a determination by the Department of Justice as to whether the applicant is eligible to possess a firearm, ammunition feeding device, or ammunition. The application shall be submitted electronically via the California Firearms Application Reporting System (CFARS) and shall include the following:

(1)The applicants name, date and place of birth, gender, telephone number, and complete address.

(2)Whether the applicant is a United States citizen. If the applicant is not a United States citizen, the application shall also include the applicants country of citizenship and the applicants United States Citizenship and Immigration Services-assigned number or I-94 number.

(3)If the seized property is a firearm, the firearms make, model, caliber, barrel length, type, country of origin, and serial number, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, there shall be a place on the application to note that fact.

(4)For residents of California, the applicants valid California drivers license number or valid California identification card number issued by the Department of Motor Vehicles. For nonresidents of California, a copy of the applicants military identification with orders indicating that the individual is stationed in California, or a copy of the applicants valid drivers license from the applicants state of residence, or a copy of the applicants state identification card from the applicants state of residence. Copies of the documents provided by non-California residents shall be notarized.

(5)The name of the court or law enforcement agency holding the firearm, ammunition feeding device, or ammunition.

(6)The signature of the applicant and the date of signature.

(7)Any person furnishing a fictitious name or address or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4), shall be guilty of a misdemeanor.

(b)A person who owns a firearm that is in the custody of a court or law enforcement agency and who does not wish to obtain possession of the firearm, and the firearm is an otherwise legal firearm, and the person otherwise has right to title of the firearm, shall be entitled to sell or transfer title of the firearm to a licensed dealer or a third party that is not prohibited from possessing that firearm. Any sale or transfer to a third party pursuant to this subdivision shall be conducted pursuant to Section 27545.

(c)A person who owns an ammunition feeding device or ammunition that is in the custody of a court or a law enforcement agency and who does not wish to obtain possession of the ammunition or ammunition feeding device, and the ammunition feeding device or ammunition is otherwise legal, shall be entitled to sell or otherwise transfer the ammunition feeding device or ammunition to a licensed firearms dealer or ammunition vendor or a third party that is not prohibited from possessing that ammunition feeding device or ammunition. Any sale or other transfer of ammunition to a third party pursuant to subdivision (b) shall be conducted through an ammunition vendor in accordance with the procedures set forth in Article 4 (commencing with Section 30370) of Chapter 1 of Division 10.

(d)Any person furnishing a fictitious name or address, or knowingly furnishing any incorrect information or knowingly omitting any information required to be provided for the application, including any notarized information pursuant to paragraph (4) of subdivision (a), is punishable as a misdemeanor.

(e)This section shall become operative on July 1, 2020.

SEC. 54.Section 6411 of the Probate Code is amended to read:6411.

No person is disqualified to take as an heir because that person or a person through whom the person claims is or has been a person who is not a citizen or national of the United States.

SEC. 55.Section 6101 of the Public Contract Code is amended to read:6101.

(a)A state agency, as defined in Section 10335.7, that is subject to this code, shall not award a public works or purchase contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for or receive a public works or purchase contract, who has, in the preceding five years, been convicted of violating a state or federal law respecting the employment of undocumented immigrants.

(b)For purposes of this section, immigrant means a person who is not a citizen or national of the United States.

SEC. 56.Section 6403 of the Public Resources Code is amended to read:6403.

This chapter shall not be construed as applicable to the sale or exchange by the state of the following lands:

(a)Lands acquired by the state on sale thereof for delinquent taxes, other than lands the deed for which is required to be filed with the Department of Finance or the commission.

(b)Lands acquired by the state by foreclosure of any lien for taxes due the state, or for penalties or interest thereon, or by execution of any judgment for money due the state, or lands which are seized by the state and sold pursuant to Section 7891 of the Revenue and Taxation Code.

(c)Lands acquired by the state under the provisions of the Streets and Highways Code and sold or exchanged pursuant to the provisions of Section 104.5 thereof.

(d)Lands which have escheated to the state or which have been distributed to the state by court decree in estates of deceased persons.

(e)Lands which have escheated to the state under the provisions of Proposition 1 of the General Election of 1920, page 1 xxxiii, as amended.

(f)Land acquired by the state for public use.

SEC. 57.Section 6801 of the Public Resources Code is amended to read:6801.

A lease or prospecting permit under this chapter shall be issued only to and held by:

(a)Persons or associations of persons who are citizens of the United States or who have declared their intention of becoming such, or who are citizens of any country, dependency, colony, or province, the laws, customs, and regulations of which permit the grant of similar or like privileges to citizens of the United States.

(b)Any corporation or corporations organized and existing under and by virtue of the laws of the United States or of any state or territory thereof; or any corporation or corporations 90 percent or more of the shares of which are owned by persons eligible to hold a lease or permit under subdivision (a) or (c) of this section; or any corporation or corporations 90 percent or more of the shares of which are owned either by a corporation eligible to hold a lease or permit hereunder, or by any combination of such eligible persons or corporations, or both.

(c)Any person who is not a citizen or national of the United States entitled thereto by virtue of any treaty between the United States and the nation or country of which that person is a citizen or subject.

(d)In every case of joint bidding, the names of all persons, firms, or corporations interested in a particular joint bid shall be specified.

SEC. 58.Section 8105 of the Public Resources Code is amended to read:8105.

Whenever any resident of this state desires to purchase any part of the 150,000 acres of land granted to the state for the use of an agricultural college, the resident shall make an affidavit before any officer authorized to administer oaths that the resident is a citizen of the United States or, if not a citizen, that the resident has filed an intention of becoming a citizen, a resident of the state, of lawful age; that the resident desires to purchase land, giving a description thereof by legal subdivisions; that there are no improvements of any kind on the land other than those of the applicant, or if there are improvements other than the applicants, the applicant shall state that the improvements are the property of (giving the other persons name), and have been upon the land for three months or over, and that the township has been sectionized and the plats of survey filed in the land office of the district in which the land is located, for three months or over. The application shall be forwarded to the land agent of the university.

SEC. 59.Section 1264 of the Unemployment Insurance Code is amended to read:1264.

(a)(1)Unemployment compensation benefits, extended duration benefits, and federal-state extended benefits shall not be payable on the basis of services performed by a person who is not a citizen or national of the United States, unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, including a person who was lawfully present in the United States as a result of the application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the Immigration and Nationality Act.

(2)For purposes of paragraph (1), and only to the extent authorized by federal law, a person who (A) is the subject of a notice of decision from the federal government granting deferred action under the federal Deferred Action for Childhood Arrivals program announced by the United States Secretary of Homeland Security on June 15, 2012, and (B) performed the services while in receipt of a valid employment authorization from the federal government, is a person who was lawfully present for purposes of performing those services.

(b)Any data or information required of individuals applying for benefits specified by subdivision (a) to determine whether these benefits are not payable to them because of their federal immigration status shall be uniformly required from all applicants for these benefits.

(c)In the case of an individual whose application for benefits specified by subdivision (a) would otherwise be approved, no determination by the department, an administrative law judge, or the appeals board that these benefits to the individual are not payable because of the individuals federal immigration status shall be made except upon a preponderance of the evidence.

(d)If a person who is not a citizen or national of the United States presents evidence that the Immigration and Naturalization Service has granted the person employment authorization as a result of an application for temporary residence status under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603), pending a final determination on this application the department shall not do either of the following:

(1)Commence or continue to pursue any administrative or judicial action to collect benefits where there has been a final determination that these benefits have been overpaid or chargeable to the person, because of the persons immigration status at the time they performed the services compensated by their base period wages.

(2)Determine that the person was overpaid benefits in the current benefit year or in any prior benefit year, if the basis for the determination is the assumption that because the person is an applicant for temporary resident status they were not, while performing the services compensated by base period wages, lawfully admitted for permanent residence, lawfully present for purposes of performing the services that were compensated by their base period wages, or permanently residing in the United States under color of law.

(e)If the Immigration and Naturalization Service grants the application and adjusts the persons status to that of lawful temporary resident, the department shall not take any action described in paragraph (1) of subdivision (d) or make any determination described in paragraph (2) of subdivision (d). If a person is not lawfully admitted for permanent residence, lawfully present for the purpose of performing the services compensated by their base period wages, or permanently residing in the United States under color of law, at the time the persons lawful temporary permanent status terminates, then compensation shall not be payable on the basis of services performed by the person after the termination.

(f)Nothing in subdivision (d) shall be construed to require the department to do any of the following:

(1)Repay any amounts collected under any present or past action as described in paragraph (1) of subdivision (d).

(2)Redetermine the eligibility for unemployment compensation benefits of any person who the department originally determined to be ineligible because of the persons federal immigration status at the time they performed the services compensated by their base period wages and with respect to whom the determination has become final.

(3)Apply subdivision (d) or (e) retroactively.

(g)If the United States Secretary of Labor finds that subdivisions (d) and (e) are not in conformity with the federal Unemployment Tax Act, and effective as of the date that this finding becomes final, subdivisions (d), (e), and (f) shall be inoperative and of no legal force or effect.

(h)Unless subdivisions (d), (e), and (f) have earlier become inoperative and of no legal force or effect pursuant to a finding by the Secretary of Labor under subdivision (g), subdivisions (d), (e), (f), and (g) shall remain in effect only until September 30, 1990, and as of that date shall become inoperative, unless a later enacted statute which is chaptered before September 30, 1990, deletes or extends that date. Notwithstanding this subdivision, however, the department shall not take any action to collect benefits from an individual when the collection against that individual was suspended pursuant to subdivision (e) prior to September 30, 1990.

SEC. 60.Section 13009 of the Unemployment Insurance Code is amended to read:13009.

Wages means all remuneration, other than fees paid to a public official, for services performed by an employee for their employer, including all remuneration paid to a nonresident employee for services performed in this state, and the cash value of all remuneration paid in any medium other than cash, except as provided by this section. Wages includes tips received by an employee in the course of employment. The wages shall be deemed to be paid at the time a written statement including tips is furnished to the employer pursuant to Section 13055 or, if no statement including those tips is so furnished, at the time received. Wages includes compensation, that is deductible under Section 162 of the Internal Revenue Code, paid to a member of a limited liability company filing a federal corporate income tax return.

Wages shall not include remuneration paid under any of the following conditions:

(a)For agricultural labor, as defined in subdivision (g) of Section 3121 of the Internal Revenue Code.

(b)For domestic service in a private home, local college club, or local chapter of a college fraternity or sorority.

(c)For service not in the course of the employers trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for that service is fifty dollars ($50) or more and the service is performed by an individual who is regularly employed by the employer to perform the service. For purposes of this subdivision, an individual shall be deemed to be regularly employed by an employer during a calendar quarter only if either of the following conditions is met:

(1)On each of some 24 days during the quarter, the individual performs for the employer for some portion of the day service not in the course of the employers trade or business.

(2)The individual was regularly employed, as determined under paragraph (1), by the employer in the performance of the service during the preceding calendar quarter.

(d)For services by a citizen or resident of the United States for a foreign government or an international organization.

(e)For services performed by a nonresident individual who is not a citizen or national of the United States as designated by regulations prescribed by the department.

(f)For services performed by a duly ordained, commissioned, or licensed minister of a church in the exercise of their ministry or by a member of a religious order in the exercise of duties required by the order.

(g)(1)For services performed by an individual under the age of 18 years in delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution.

(2)For services performed by an individual in, and at the time of, the sale of newspapers or magazines to ultimate consumers, under an arrangement under which the newspapers or magazines are to be sold by the individual at a fixed price, the individuals compensation being based on the retention of the excess of the price over the amount at which the newspapers or magazines are charged to the individual whether or not the individual is guaranteed a minimum amount of compensation for the services, or is entitled to be credited with the unsold newspapers or magazines turned back.

(h)For services not in the course of the employers trade or business, to the extent paid in any medium other than cash.

(i)To, or on behalf of, an employee or their beneficiary under any of the following situations:

(1)From or to a trust which is exempt from tax under Section 17631 of the Revenue and Taxation Code at the time of payment, unless the payment is made to an employee of the trust as remuneration for services rendered as an employee and not as a beneficiary of the trust.

(2)Under or to an annuity plan which, at the time of payment, is a plan qualified pursuant to Chapter 5 (commencing with Section 17501) of Part 10 of Division 2 of the Revenue and Taxation Code.

(3)Under or to a bond purchase plan which, at the time of payment, is a bond purchase plan qualified pursuant to Chapter 5 (commencing with Section 17501) of Part 10 of Division 2 of the Revenue and Taxation Code.

(4)For a payment which qualifies for deduction by an employee pursuant to Section 219 of the Internal Revenue Code if, at the time of payment, it is reasonable to believe that the employee will be entitled to a deduction under that section for payment.

(5)Under a cafeteria plan (within the meaning of Section 125 of the Internal Revenue Code).

(j)To a master, officer, or any other seaman who is a member of a crew on a vessel engaged in foreign, coastwise, intercoastal, interstate, or noncontiguous trade.

(k)Pursuant to any provision of law other than Section 5(c) of the Peace Corps Act (22 U.S.C. Sec. 2504(c)) or 6(1) of the Peace Corps Act (22 U.S.C. Sec. 2505(1)), for service performed as a volunteer or volunteer leader within the meaning of that act.

(l)In the form of group-term life insurance on the life of an employee.

(m)To or on behalf of an employee, and to the extent that, at the time of the payment of remuneration it is reasonable to believe that a corresponding deduction is allowable for moving expenses pursuant to Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 of Division 2 of the Revenue and Taxation Code.

(n)(1)As tips in any medium other than cash.

(2)As cash tips to an employee in any calendar month in the course of employment by an employer, unless the amount of the cash tips is twenty dollars ($20) or more.

(o)For service performed by an individual on a boat engaged in catching fish or other forms of aquatic animal life under an arrangement with the owner or operator of the boat pursuant to which all of the following apply:

(1)The individual does not receive any cash remuneration, other than as provided in paragraph (2).

(2)The individual receives a share of the boats (or the boats in the case of a fishing operation involving more than one boat) catch of fish or other forms of aquatic animal life or a share of the proceeds from the sale of the catch.

(3)The amount of the individuals share depends on the amount of the boats (or the boats in the case of a fishing operation involving more than one boat) catch of fish or other forms of aquatic animal life.

This subdivision shall apply only where the operating crew of the boat (or each boat from which the individual receives a share in the case of a fishing operation involving more than one boat) is normally made up of fewer than 10 individuals.

(p)For any medical care reimbursement made to, or for the benefit of, an employee under a self-insured medical reimbursement plan pursuant to Section 105(h)(6) of the Internal Revenue Code.

(q)To, or on behalf of, an employee to the extent not includable in gross income pursuant to Section 13006.

(r)For services to which Section 633 applies.

SEC. 61.Section 12801.7 of the Vehicle Code is amended to read:12801.7.

(a)The department shall not issue an original drivers license or identification card, or a renewal, duplicate, or replacement drivers license or identification card to any person for whom the department has received notice from the United States Department of Homeland Security that the person has been determined and found by the United States Department of Homeland Security to be a deported person under Section 1252 of Title 8 of the United States Code.

(b)(1)The department shall cancel any drivers license or identification card issued to any person identified as specified in subdivision (a).

(2)The cancellation shall become effective on the 30th day after the date the cancellation notice is mailed to the person, except as authorized under paragraph (3).

(3)The person may request a review of the intended cancellation during the 30-day period specified in paragraph (2) and, if proof is provided to show the person is legally present in the United States as authorized under federal law, the department shall rescind the cancellation.

(4)The cancellation notice shall be mailed to the persons last known address.

(c)The department shall require an applicant for a drivers license whose license was canceled under this section to submit satisfactory proof that the applicants presence in the United States is authorized under federal law.

(d)This section shall become operative on, and apply only to persons determined and found to be a deported person who is not a citizen or national of the United States after, July 1, 1997.

SEC. 62.Section 219.5 of the Welfare and Institutions Code is amended to read:219.5.

(a)No ward of the juvenile court or Department of Youth and Community Restoration, shall perform any function that provides access to personal information of private individuals, including, but not limited to: addresses; telephone numbers; health insurance, taxpayer, school, or employee identification numbers; mothers maiden names; demand deposit account, debit card, credit card, savings or checking account numbers, PINs, or passwords; social security numbers; places of employment; dates of birth; state or government issued drivers license or identification numbers; United States Citizenship and Immigration Services-assigned numbers; government passport numbers; unique biometric data, such as fingerprints, facial scan identifiers, voice prints, retina or iris images, or other similar identifiers; unique electronic identification numbers; address or routing codes; and telecommunication identifying information or access devices.

(b)Subdivision (a) shall apply to a person who has been adjudicated to have committed an offense described by any of the following categories:

(1)An offense involving forgery or fraud.

(2)An offense involving misuse of a computer.

(3)An offense for which the person is required to register as a sex offender pursuant to Section 290 of the Penal Code.

(4)An offense involving any misuse of the personal or financial information of another person.

(c)If asked, any person who is a ward of the juvenile court or the Department of Youth and Community Restoration, and who has access to any personal information, shall disclose that the person is a ward of the juvenile court or the Department of the Youth Authority before taking any personal information from anyone.

(d)Any program involving the taking of personal information over the telephone by a person who is a ward of the juvenile court or the Department of Youth and Community Restoration, shall be subject to random monitoring of those telephone calls.

(e)Any program involving the taking of personal information by a person who is a ward of the juvenile court or the Department of Youth and Community Restoration, shall provide supervision at all times of the wards activities.

(f)This section shall not apply to wards in employment programs or public service facilities where incidental contact with personal information may occur.

SEC. 63.Section 11008.13 of the Welfare and Institutions Code is amended to read:11008.13.

To the extent permitted by federal law and consistent with other provisions of this chapter, in determining the eligibility and amount of aid under this division for a person who is not a citizen or national of the United States for whom an affidavit of support was executed prior to December 19, 1997, the income and resources of the person shall be deemed to include the income and resources of any person who had executed an affidavit of support on behalf of the person and the spouse of that person as provided in Section 408 of the Social Security Act (42 U.S.C. Sec. 608) and any subsequent amendments thereto.

SEC. 64.Section 11008.135 of the Welfare and Institutions Code is amended to read:11008.135.

(a)Notwithstanding any other provision of law, in determining the eligibility and amount of aid for a person who is not a citizen or national of the United States under this division, the income and resources of the person shall be deemed to include the income and resources of any person who has executed an affidavit of support on behalf of the person and the spouse of that person as provided in Subtitle C (commencing with Section 421) of Title IV of Public Law 104-193, as amended by Public Law 104-208, and any subsequent amendments thereto, subject to any exceptions required by those provisions, including exceptions for indigents and battered spouses.

(b)As a condition of eligibility, the sponsored applicant or recipient shall provide information regarding the income and resources of any person, and the spouse of that person, who has executed an affidavit of support on behalf of the person who is not a citizen or national of the United States.

SEC. 65.Section 11008.17 of the Welfare and Institutions Code is amended to read:11008.17.

(a)To the extent required by federal law, amounts paid pursuant to any federal law enacted in 1988 to provide reparation payments to redress the injustice done to United States citizens and residents of Japanese ancestry who were interned during World War II shall not be considered as income or resources for purposes of determining eligibility to receive Medi-Cal benefits or public assistance benefits or the amount of those benefits.

(b)To the extent that federal financial participation is available, amounts paid by the Canadian government to provide reparation payments to redress the injustice done to persons of Japanese ancestry who were interned in Canada during World War II shall not be considered as income or resources for purposes of determining eligibility to receive Medi-Cal benefits or public assistance benefits or the amount of those benefits.

(c)To the extent that federal financial participation is available, where the reparation payments described in subdivisions (a) and (b) have been converted to another form, amounts of otherwise excess nonexempt resources equal to the amount of these reparation payments received by the individual or inherited by the spouse of the individual, or both, shall not be considered as resources in determining eligibility for Medi-Cal.

(d)To the extent that federal financial participation is available, reparation payments described in subdivisions (a) and (b), or where the reparation payments described in subdivisions (a) and (b) have been converted to another form, amounts of resources equal to the amount of these reparation payments, received by the deceased Medi-Cal beneficiary or inherited by the deceased spouse of that beneficiary, or both, shall be exempt from estate recovery by the State Department of Health Services pursuant to Section 14009.5.

SEC. 66.Section 11104 of the Welfare and Institutions Code is amended to read:11104.

People who are not citizens or nationals of the United States shall be eligible for aid only to the extent permitted by federal law.

A person who is not a citizen or national of the United States shall only be eligible for aid if the person has been lawfully admitted for permanent residence, or is otherwise permanently residing in the United States under color of law. No aid shall be paid unless evidence as to eligible immigration status is presented.

SEC. 67.Section 11266 of the Welfare and Institutions Code is amended to read:11266.

(a)At the time of application, the county shall determine whether the applicant needs immediate assistance because the applicant does not have sufficient resources to meet their emergency needs, and shall determine whether the applicant is apparently eligible for aid under this chapter.

(1)The county shall determine that the applicant needs immediate assistance if the familys total available liquid resources, both nonexempt and exempt, are less than one hundred dollars ($100) and there is an emergency situation, whether foreseeable or not. Examples of emergency situations include, but are not limited to, lack of housing, lack of food, notice of termination or loss of utility service, lack of essential clothing (including diapers), and inability to meet essential transportation needs.

(2)Apparent eligibility exists when evidence presented by the applicant or which is otherwise available to the county welfare department and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. An applicant who is not a citizen or national of the United States and who does not provide verification of their eligible immigration status, or a person with no eligible children who does not provide medical verification of pregnancy, shall not be considered to be apparently eligible under this subdivision.

(b)If an applicant needs immediate assistance, and is apparently eligible for aid as defined in subdivision (a), the county shall pay the applicant two hundred dollars ($200) or the maximum amount for which that applicant is eligible, whichever is less. The advance payment shall be made by the end of the first working day following the request for that aid. The county shall verify the applicants eligibility for aid within 15 working days of the date that immediate need is requested, and advance payments made under this section shall be offset against the first grant payment made to the recipient.

(c)An applicants receipt of a notice of eviction, including a three-day notice to pay or quit, shall constitute an emergency situation under subdivision (a), irrespective of the one hundred dollar ($100) resource test, if the applicant has insufficient income or resources to pay the rent owing. In those cases, the county shall give the applicant the option of receiving an immediate advance on the grant as described in subdivision (b), or an expedited determination of eligibility for aid. Before an applicant decides between these two options, the county shall fully apprise the applicant, in writing, of all information necessary to establish eligibility for aid. If an applicant requests expedited determination of eligibility for aid, the county shall complete the determination of eligibility for aid under this chapter, and, if the applicant is determined to be eligible, issue payment of the full prorated grant no more than three working days from the request for immediate need. If the eligibility determination is not made within this three-day period, the county shall immediately pay the applicant two hundred dollars ($200) or the maximum amount for which the applicant is eligible, whichever is less, as specified in subdivisions (a) and (b). The county shall verify the applicants eligibility within 15 working days of the date of the request for immediate assistance, and advance payments made under this subdivision shall be offset against the first grant payment made to the recipient.

(d)(1)The county may deny an immediate advance payment if the applicants only immediate need is homelessness and this need will be met by issuance of nonrecurring special needs payment in accordance with subdivision (f) of Section 11450, or if the applicants only immediate need is lack of food and this need will be met by issuance of CalFresh benefits within one working day of the request therefor. With regard to all other immediate needs, an advance payment may be denied and the applicant referred to another public or private program or resource, if all of the following conditions are met:

(A)Not more than one referral is made and the referral, when made, is to meet no more than one need.

(B)The county has verified in advance that the specific need can be satisfactorily addressed by the other program or resource immediately.

(C)Travel to the other program or resource will not impose a hardship on the applicant.

(2)If, for any reason, the other program or resource does not satisfactorily meet the applicants need, the applicant shall be immediately issued an advance payment, as specified in subdivision (b).

(3)Except in the case of an applicant whose only need is lack of food and the need is met with the issuance of CalFresh benefits within one working day of the request, where an applicants immediate need is met by an alternative program or resource authorized in this subdivision, the county shall verify the applicants eligibility for aid within 15 working days of the date of request.

(e)A denial of an immediate need application shall not constitute a denial of the application for aid unless it is based upon the failure to meet relevant eligibility requirements.

SEC. 68.Section 11450 of the Welfare and Institutions Code, as amended by Section 35 of Chapter 85 of the Statutes of 2021, is amended to read:11450.

(a)(1)(A)Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the familys income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f):

Number of eligible needy persons in the same home	Maximum aid
1	$326
2	535
3	663
4	788
5	899
6	1,010
7	1,109
8	1,209
9	1,306
10 or more	1,403

(B)If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453.

(2)The sums specified in paragraph (1) shall not be adjusted for cost of living for the 199091, 199192, 199293, 199394, 199495, 199596, 199697, and 199798 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of former Section 11453.05, and no further reduction shall be made pursuant to that section.

(b)(1)(A)Until the date that paragraph (2) is effective, if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant child and the child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this paragraph.

(B)Notwithstanding subparagraph (A), and until the date that paragraph (2) is effective, if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person and child, if born, would have qualified for aid under this chapter. Verification of pregnancy is required as a condition of eligibility for aid under this paragraph.

(C)A pregnant person may provide verification of pregnancy as required in subparagraphs (A) or (B) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good-faith efforts to comply with this requirement.

(D)Subparagraph (A) shall apply only when the Cal-Learn Program is operative.

(2)(A)Notwithstanding paragraph (1), if the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant person as of the date of the application for aid, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the pregnant person or the child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this paragraph.

(B)A pregnant person may provide verification of pregnancy as required in subparagraph (A) by means of a sworn statement or, if necessary, a verbal attestation. Medical verification of pregnancy shall be submitted within 30 working days following submission of the sworn statement or verbal attestation for benefits to continue. If the applicant fails to submit medical verification of pregnancy within 30 working days, the county human services agency shall continue aid when the applicant presents evidence of good-faith efforts to comply with this requirement.

(C)(i)A person who receives aid pursuant to this paragraph shall report to the county, orally or in writing, within 30 days following the end of their pregnancy.

(ii)Aid for persons under this paragraph shall discontinue at the end of the month following the month in which the person reports the end of their pregnancy to the county human services agency.

(iii)Prior to discontinuing aid for a person under this paragraph due to the end of their pregnancy, the county human services agency shall provide information about, and referral to, mental health services, including, but not limited to, services provided by the county human services agency, when appropriate.

(D)This paragraph shall take effect on July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, whichever date is later.

(c)(1)The amount of forty-seven dollars ($47) per month shall be paid to a pregnant person qualified for aid under subdivision (a) or (b) to meet the special needs resulting from pregnancy if the pregnant person and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the California Special Supplemental Nutrition Program for Women, Infants, and Children. If that payment to a pregnant person qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision do not apply to a person eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the pregnant person and child, if born, would have qualified for aid under this chapter.

(2)Beginning May 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in paragraph (1) shall be one hundred dollars ($100) per month.

(3)Beginning July 1, 2022, or on the date that the department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this paragraph, the special needs payment described in this subdivision shall discontinue at the end of the month following the month in which a person reports the end of their pregnancy to the county human services agency.

(d)For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, if added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, or 11463. In addition, the child is eligible for special needs, as specified in departmental regulations.

(e)In addition to the amounts payable under subdivision (a) and former Section 11453.1, a family is entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs include, but are not limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance.

(f)After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family is also entitled to receive an allowance for nonrecurring special needs.

(1)An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.

(2)(A)(i)Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter.

(ii)Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an applicant who is not a citizen or national of the United States and who does not provide verification of their eligible immigration status, or a person with no eligible children who does not provide medical verification of their pregnancy, is not apparently eligible for purposes of this section.

(iii)Homeless assistance for temporary shelter is also available to homeless families that would be eligible for aid under this chapter but for the fact that the only child or children in the family are in out-of-home placement pursuant to an order of the dependency court, if the family is receiving reunification services and the county determines that homeless assistance is necessary for reunification to occur.

(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence, the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations, or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that may result in homelessness if preventive assistance is not provided.

(3)(A)(i)A nonrecurring special needs benefit of eighty-five dollars ($85) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred forty-five dollars ($145). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.

(ii)This special needs benefit shall be granted or denied immediately upon the familys application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the familys homelessness within the first three working days. If the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.

(iii)After homelessness has been verified, the three-day limit shall be extended for a period of time that, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week, and shall be based upon searching for permanent housing, which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search is required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter if the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits or that the family is homeless as a direct and primary result of a state or federally declared natural disaster.

(iv)Notwithstanding clauses (ii) and (iii), the county may waive the three-day limit and may provide benefits in increments of more than one week for a family that becomes homeless as a direct and primary result of a state or federally declared natural disaster.

(B)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits if these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.

(ii)The last months rent or monthly arrearage portion of the payment shall meet both of the following requirements:

(I)It shall not exceed 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.

(II)It shall only be made to families that have found permanent housing costing no more than 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.

(iii)However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii).

(C)The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities that are necessary for the health and safety of the family.

(D)A payment for, or denial of, permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the payment for, or denial of, permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter.

(E)(i)Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph is limited to 16 cumulative calendar days of temporary assistance and one payment of permanent assistance every 12 months. A person who applies for homeless assistance benefits shall be informed that, with certain exceptions, the temporary shelter benefit is limited to a maximum of 16 calendar days for that 12-month period.

(ii)(I)A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster is eligible for temporary and permanent homeless assistance.

(II)If there is a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for temporary and permanent homeless housing assistance available pursuant to subclause (I).

(iii)A family is eligible for temporary and permanent homeless assistance if homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family, including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.

(iv)If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate.

(v)If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.

(vi)The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph.

(F)The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (E), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence.

(G)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.

(H)The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current years Budget Act by specifying a different daily allowance and appropriating the funds therefor.

(I)A payment shall not be made pursuant to this paragraph unless the provider of housing is any of the following:

(i)A commercial establishment.

(ii)A shelter.

(iii)A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.

(J)(i)Commencing July 1, 2018, a CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing their abuser is deemed to be homeless and is eligible for temporary homeless assistance under clause (i) of subparagraph (A) and under subparagraph (E), notwithstanding any income and assets attributable to the alleged abuser.

(ii)The homeless assistance payments issued under this subparagraph shall be granted immediately after the familys application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days each of temporary assistance within a lifetime. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKs applicant, if the applicant becomes a CalWORKs recipient, may later qualify under this subdivision.

(iii)For purposes of this subparagraph, the housing search documentation described in clause (iii) of subparagraph (A) shall be required only upon issuance of an immediate need payment pursuant to Section 11266 or the issuance of benefits for the month of application.

(g)The department shall establish rules and regulations ensuring the uniform statewide application of this section.

(h)The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.

(i)The department shall work with county human services agencies, the County Welfare Directors Association of California, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to a permanent shelter, and to provide that information to the Legislature, to be submitted annually in accordance with Section 9795 of the Government Code.

(j)(1)Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a).

(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.

(k)For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the childs income, is equal to the rate specified in Sections 11364 and 11387.

(l)(1)A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013.

(2)Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.

(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.

(m)This section shall become operative on January 1, 2020, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.

(n)This section shall become inoperative on July 1, 2021, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement Section 11450, as added by Section 2 of the act that added this subdivision, whichever date is later, and is repealed on January 1 of the following year.

SEC. 69.Section 11450 of the Welfare and Institutions Code, as amended by Section 36 of Chapter 85 of the Statutes of 2021, is amended to read:11450.

(a)(1)(A) Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the familys income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). In no case shall the amount of aid paid for each month exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f):

Number of eligible needy persons in the same home	Maximum aid
1	$326
2	535
3	663
4	788
5	899
6	1,010
7	1,109
8	1,209
9	1,306
10 or more	1,403

(C)Subparagraph (A) shall apply only when the Cal-Learn Program is operative.

(C)(i)A person who receives aid pursuant to this paragraph shall report to the county, orally or in writing, within 30 days following the end of their pregnancy.

(ii)Aid for persons under this paragraph shall discontinue at the end of the month following the month in which the person reports the end of their pregnancy to the county human services agency.

(d)For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, if added to the childs income, is equal to the rate specified in Section 11460, 11461, 11462, 11462.1, or 11463. In addition, the child is eligible for special needs, as specified in departmental regulations.

(f)(1)After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), with the exception of funds deposited in a restricted account described in subdivision (a) of Section 11155.2, the family is also entitled to receive an allowance for nonrecurring special needs. This paragraph does not apply to the allowance for nonrecurring special needs for homeless assistance pursuant to subparagraph (A) of paragraph (3).

(2)An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by subparagraph (A) of paragraph (3). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.

(3)(A)(i)An allowance for nonrecurring special needs for homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter.

(4)(A)(i) A nonrecurring special needs benefit of eighty-five dollars ($85) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred forty-five dollars ($145). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.

(ii)This special needs benefit shall be granted or denied the same day as the familys application for homeless assistance, and benefits shall be available for up to three working days. Upon applying for homeless assistance, the family shall provide a sworn statement that the family is homeless. If the family meets the criteria of questionable homelessness, which means that there is reason to suspect that the family has permanent housing, the county human services agency shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.

(B)(i) A nonrecurring special needs benefit for permanent housing assistance is available to pay for last months rent and security deposits if these payments are conditions of securing a residence, or to pay for up to two months of rent arrearages, if these payments are a reasonable condition of preventing eviction.

(ii)The last months rent or monthly arrearage portion of the payment shall meet both of the following requirements:

(I)It shall not exceed 80 percent of the familys total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.

(E)(i) Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph is limited to the number of days allowable under subparagraph (A) for temporary shelter assistance and one payment of permanent housing assistance every 12 months. A person who applies for homeless assistance benefits shall be informed that, with certain exceptions, the temporary shelter benefit is limited to the number of days allowable under subparagraph (A) for the 12-month period.

(ii)(I) A family that becomes homeless as a direct and primary result of a state or federally declared disaster is eligible for homeless assistance.

(II)If there is a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for homeless assistance available pursuant to subclause (H).

(iii)A family is eligible for homeless assistance if homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family, including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days of temporary shelter assistance and two payments of permanent housing assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.

(F)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.

(G)The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current years Budget Act by specifying a different daily allowance and appropriating the funds therefor.

(H)A payment shall not be made pursuant to this paragraph unless the provider of housing is any of the following:

(i)A commercial establishment.

(ii)A shelter.

(iii)A person with whom, or an establishment with which, the family requesting assistance has executed a valid lease, sublease, or shared housing agreement.

(I)(i) Commencing July 1, 2018, a CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing their abuser is deemed to be homeless and is eligible for temporary shelter assistance under clause (i) of subparagraph (A) and under subparagraph (E), notwithstanding any income and assets attributable to the alleged abuser.

(ii)The homeless assistance payments issued under this subparagraph shall be granted the same day as the familys application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two periods of not more than 16 cumulative calendar days each of temporary shelter assistance within the applicants lifetime. The second 16-day period shall continue to be available when the applicant becomes a CalWORKs recipient during the first 16-day period. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKs applicant, if the applicant becomes a CalWORKs recipient, may later qualify under this subdivision.

(g)The department shall establish rules and regulations ensuring the uniform statewide application of this section.

(i)The department shall work with county human services agencies, the County Welfare Directors Association of California, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to permanent housing, and to provide that information to the Legislature, to be submitted annually in accordance with Section 9795 of the Government Code.

(j)(1) Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 shall not constitute part of the payment schedule set forth in subdivision (a).

(2)The amounts payable to recipients pursuant to Section 11453.1 shall not constitute income to recipients of aid under this section.

(l)(1) A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011 no later than October 1, 2013.

(2)Upon completion of the implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.

(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.

(m)(1)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 of the Government Code), the State Department of Social Services may implement and administer this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.

(2)The department shall adopt emergency regulations no later than 18 months following the completion of all necessary automation to implement this section. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section.

(3)The initial adoption of emergency regulations pursuant to this section and one readoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted.

(n)This section shall become operative on July 1, 2021, or on the date the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.

(o)Notwithstanding subdivision (n), the individual changes imposed by the act adding this section that result in a cost shall become operative only if necessary funds are appropriated for these changes in the annual Budget Act or another statute for these purposes.

SEC. 70.Section 13300 of the Welfare and Institutions Code is amended to read:13300.

(a)Subject to the availability of funding in the act that added this chapter or the annual Budget Act, the department shall contract, as described in Section 13301, with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state.

(b)Legal services provided in accordance with subdivision (a) shall be for the sole purpose of providing legal representation to unaccompanied undocumented minors who are in the physical custody of the federal Office of Refugee Resettlement or who are residing with a family member or other sponsor.

(c)For purposes of this chapter, the term unaccompanied undocumented minors means unaccompanied children as described in Section 279(g)(2) of Title 6 of the United States Code.

(d)For purposes of this chapter, the term legal services includes culturally and linguistically appropriate services provided by attorneys, paralegals, interpreters and other support staff for state court proceedings, federal immigration proceedings, and any appeals arising from those proceedings.

SEC. 71.Section 14007.2 of the Welfare and Institutions Code is amended to read:14007.2.

(a)Any individual who is otherwise eligible for Medi-Cal services, but who does not meet the documentation requirements described in subdivision (e) of Section 14011.2, shall be eligible only for the scope of services made available to persons who are not citizens or nationals of the United States under subdivision (d) of Section 14007.5, and Sections 14007.65, 14007.7, and 14007.8.

(b)To the extent that federal financial participation is available to fund services described under subdivision (a), the department shall file all necessary state plan amendments or waivers to obtain that funding.

SEC. 72.Section 14007.5 of the Welfare and Institutions Code is amended to read:14007.5.

(a)Persons who are not citizens or nationals of the United States shall be eligible for Medi-Cal, whether federally funded or state-funded, only to the same extent as permitted under federal law and regulations for receipt of federal financial participation under Title XIX of the federal Social Security Act, except as otherwise provided in this section and elsewhere in this chapter.

(b)In accordance with Section 1903(v)(1) of the federal Social Security Act (42 U.S.C. Sec. 1396b(v)(1)), a person who is not a citizen or a national of the United States shall only be eligible for the full scope of Medi-Cal benefits if the person has been lawfully admitted for permanent residence, or is otherwise permanently residing in the United States under color of law.

For purposes of this section, persons who are not citizens or nationals of the United States and who are permanently residing in the United States under color of law shall be interpreted to include all persons who are not citizens or nationals of the United States residing in the United States with the knowledge and permission of the United States Department of Homeland Security and whose departure the United States Department of Homeland Security does not contemplate enforcing and with respect to whom federal financial participation is available under Title XIX of the federal Social Security Act.

(c)Any person whose immigration status has been adjusted either to lawful temporary resident or lawful permanent resident in accordance with the provisions of Section 210, 210A, or 245A of the federal Immigration and Nationality Act, and who meets all other eligibility requirements, shall be eligible only for care and services under Medi-Cal for which the person is not disqualified pursuant to those sections of the federal act.

(d)Any person who is not a citizen or national of the United States who is otherwise eligible for Medi-Cal services, but who does not meet the requirements under subdivision (b) or (c), shall only be eligible for care and services that are necessary for the treatment of an emergency medical condition and medical care directly related to the emergency, as defined in federal law. For purposes of this section, the term emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:

(1)Placing the patients health in serious jeopardy.

(2)Serious impairment to bodily functions.

(3)Serious dysfunction to any bodily organ or part. It is the intent of this section to entitle eligible individuals to inpatient and outpatient services that are necessary for the treatment of the emergency medical condition in the same manner as administered by the department through regulations and provisions of federal law.

(e)Pursuant to Section 14001.2, each county department shall require that each applicant for, or beneficiary of, Medi-Cal, including a child, shall provide their social security number account number, or numbers, if they have more than one social security number.

(f)(1)In order to be eligible for benefits under subdivision (b) or (c), an applicant or beneficiary shall present United States Citizenship and Immigration Services registration documentation or other proof of satisfactory immigration status from the United States Citizenship and Immigration Services.

(2)Any person who meets all other program requirements but who lacks documentation of United States Citizenship and Immigration Services registration or other proof of satisfactory immigration status shall be provided a reasonable opportunity to submit the evidence. For purposes of this paragraph, reasonable opportunity means 30 days or the time it actually takes the county to process the Medi-Cal application, whichever is longer.

(3)During the reasonable opportunity period under paragraph (2), the county department shall process the applicants application for medical assistance in a manner that conforms to its normal processing procedures and timeframes.

(g)(1)The county department shall grant only the Medi-Cal benefits set forth in subdivision (d) of this section or in Section 14007.7 to any individual who, after 30 calendar days or the time it actually takes the county to process the Medi-Cal application, whichever is longer, has failed to submit documents constituting reasonable evidence indicating a satisfactory immigration status for Medi-Cal purposes, or who is reported by the United States Citizenship and Immigration Services to lack a satisfactory immigration status for Medi-Cal purposes.

(2)If a person who is not a citizen or national of the United States has been receiving Medi-Cal benefits based on eligibility established prior to the effective date of this section and that individual, upon redetermination of eligibility for benefits, fails to submit documents constituting reasonable evidence indicating a satisfactory immigration status for Medi-Cal purposes, the county department shall discontinue the Medi-Cal benefits, except for the care and services set forth in subdivision (d) of this section or in Section 14007.7. The county department shall provide adequate notice to the individual of any adverse action and shall accord the individual an opportunity for a fair hearing if the individual requests one.

(h)To the extent permitted by federal law and regulations, a person who is not a citizen or national of the United States applying for services under subdivisions (b) and (c) shall be granted eligibility for the scope of services to which they would otherwise be entitled if, at the time the county department makes the determination about their eligibility, the person meets either of the following requirements:

(1)The person has not had a reasonable opportunity to submit documents constituting reasonable evidence indicating satisfactory immigration status.

(2)The person has provided documents constituting reasonable evidence indicating a satisfactory immigration status, but the county department has not received timely verification of the persons immigration status from the United States Citizenship and Immigration Services.

(3)The verification process shall protect the privacy of all participants. A persons immigration status shall be subject to verification by the United States Citizenship and Immigration Services, to the extent required for receipt of federal financial participation in the Medi-Cal program.

(i)If a person does not declare status as a lawful permanent resident or person permanently residing under color of law, or as a person legalized under Section 210, 210A, or 245A of the federal Immigration and Nationality Act (Public Law 82-414), Medi-Cal coverage under subdivision (d) of this section or in Section 14007.7 shall be provided to the individual if they are otherwise eligible.

(j)If a person subject to this section is not fluent in English, the county department shall provide an understandable explanation of the requirements of this section in a language in which the person is fluent.

(k)Persons who are not citizens or nationals of the United States who were receiving long-term care or renal dialysis services (1) on the day prior to the effective date of the amendment to paragraph (1) of subdivision (f) of Section 1 of Chapter 1441 of the Statutes of 1988 at the 199192 Regular Session of the Legislature and (2) under the authority of paragraph (1) of subdivision (f) of Section 1 of Chapter 1441 of the Statutes of 1988 as it read on June 30, 1992, shall continue to receive these services. The authority for continuation of long-term care or renal dialysis services in this subdivision shall not apply to any person whose long-term care or renal dialysis services end for any reason after the effective date of the amendment described in this subdivision.

SEC. 73.Section 14007.65 of the Welfare and Institutions Code is amended to read:14007.65.

(a)Persons who are not citizens or nationals of the United States who were receiving long-term care services under the authority of subdivision (f) of Section 1 of Chapter 1441 of the Statutes of 1988 on the day prior to the effective date of this section shall continue to receive those long-term care services.

(b)On or after the effective date of this section, any applicant who is not lawfully present in the United States, who is otherwise eligible for Medi-Cal services, but who does not meet the requirements under subdivision (b) or (c) of Section 14007.5, would be eligible to receive federally reimbursable long-term care services pursuant to the Medicaid program provided for pursuant to Title 19 of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.), shall be eligible to receive long-term care services to the extent that funding is made available for this purpose in the annual Budget Act. In no event shall expenditures for this program exceed the amount necessary to serve 110 percent of the 19992000 estimated eligible population without further authorization by the Legislature.

SEC. 74.Section 14007.7 of the Welfare and Institutions Code is amended to read:14007.7.

Any person who is not a citizen or national of the United States who is otherwise eligible for Medi-Cal services, but who does not meet the requirements under subdivision (b) or (c) of Section 14007.5, shall be eligible for medically necessary pregnancy-related services.

SEC. 75.Section 14007.71 of the Welfare and Institutions Code is amended to read:14007.71.

(a)The department shall adopt the option made available under Section 1396a(a)(10)(A)(ii)(XVIII) of Title 42 of the United States Code, to provide medical assistance during the period in which an individual described in subdivision (c) of Section 104162 of the Health and Safety Code requires treatment for breast or cervical cancer. In addition, to assist in the delivery of timely and continuing breast cancer and cervical cancer treatment, a state benefits identification card shall be issued by the department within four working days of the date in which the individual submits application information that demonstrates to the provider, as described in subdivision (c) of Section 104162 of the Health and Safety Code, that the individual meets the federal criteria described in Section 1902a(aa) of the federal Social Security Act (Section 1396a(aa) of Title 42 of the United States Code).

(b)Notwithstanding any other provision of law, an individual who meets the definition of the term defined in Section 1641 of Title 8 of the United States Code shall not be determined ineligible for services under this section solely on the basis of the individuals date of entry into the United States.

(c)The department shall file all necessary state plan amendments to implement the requirements of this section.

(d)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement this section, and Article 1.3 (commencing with Section 104150) and Article 1.5 (commencing with Section 104160) of Chapter 2 of Part 1 of Division 103 of the Health and Safety Code, by means of an all-county letter or similar instruction, without taking any further regulatory action. Thereafter, the department shall adopt regulations to implement this section in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(e)Notwithstanding any other provision of law, the department shall make eligibility determinations and redeterminations necessary for applicants and beneficiaries to obtain services pursuant to this section as provided under Title XIX of the federal Social Security Act (42 U.S.C. Sec. 1396 et seq.).

(f)Except for those individuals described in subdivision (b) and notwithstanding any other provision of law, this section shall be implemented only if, and to the extent that, the department determines that federal financial participation, as provided under Title XIX of the federal Social Security Act (42 U.S.C. Section 1396a, et seq.), is available.

(g)The department shall implement this section on January 1, 2002, if a state plan amendment adopting the option described in subdivision (a), has been approved by the federal Centers for Medicare and Medicaid Services, or at the time state plan amendment is approved, if a later date.

SEC. 76.Section 14011.2 of the Welfare and Institutions Code is amended to read:14011.2.

(a)The department shall require that each applicant for or beneficiary of Medi-Cal, including a child, who is not a recipient of aid under the provisions of Chapter 2 (commencing with Section 11200) or Chapter 3 (commencing with Section 12000) shall provide their social security account number, or numbers, if they have more than one such number.

(b)The requirement for a social security account number shall be a condition of eligibility only for the applicant who is seeking or the beneficiary who is receiving (1) full-scope medical benefits or (2), pursuant to Section 14007.5, restricted medical benefits (emergency and pregnancy-related services only), and, in either case, who declares, as required in subdivision (d), that they are a citizen or national of the United States, and, if they are not a citizen or national of the United States, that they have satisfactory immigration status.

(c)The requirement for a social security account number shall not be a condition of eligibility for the applicant who is seeking or the beneficiary who is receiving, pursuant to Section 14007.5, restricted medical benefits (emergency and pregnancy-related services only), and who has not made the declaration, as required in subdivision (d), that they are not a citizen or national of the United States, and, if they are not a citizen or national of the United States, that they do not have satisfactory immigration status.

(d)Every applicant or beneficiary or, in the case of a child, by the childs caretaker relative or legal guardian on their behalf shall declare, under penalty of perjury, that they are, or are not, any of the following:

(1)A citizen of the United States.

(2)A national of the United States.

(3)A person who has satisfactory immigration status.

(e)(1)Notwithstanding Section 50301.1 of Title 22 of the California Code of Regulations, an individual who declares to be a citizen or national of the United States in accordance with Section 1903(i)(22) of the federal Social Security Act (42 U.S.C. Sec. 1396b(i)(22)) shall present satisfactory documentary evidence of citizenship or nationality in compliance with Section 1903(x) (42 U.S.C. Sec. 1396b(x) of the federal Social Security Act). Except as otherwise provided in Section 14007.2 and in paragraph (7), no services shall be available under this chapter for an individual who fails to comply with the documentation requirements of this section.

(2)(A)The documentation required pursuant to paragraph (1) shall be provided once by each individual, as follows:

(i)During the initial application process for applicants.

(ii)During the redetermination process for existing beneficiaries.

(B)If the documentation is obtained from a beneficiary, the county shall maintain a copy of the documentation in the case file of the beneficiary, and shall not request this documentation again.

(C)If electronic verification is used, a record of the documentation shall be maintained in the case record and shall not be requested again.

(D)Once the required documentation has been obtained by the county, the beneficiary shall not be required to provide it again, even if they are transferring to or applying in a new county.

(3)To the extent that federal financial participation is available, the department shall provide for exceptions or alternatives to the documentation requirements imposed by this subdivision as a means of providing individuals with increased flexibility and ability to provide satisfactory documentary evidence within a reasonable period of time. These exceptions or alternatives may include, but shall not be limited to, using an expanded list of acceptable documents, relying on electronic data matches for birth certificates, relying on a sworn affidavit of citizenship with respect to an individual who can demonstrate good cause for their inability or other failure to provide the required documentation, and relying on other information that may be available electronically.

(4)(A)To the extent that federal financial participation is available, the department shall rely on the eligibility determinations for the CalWORKs program or the Aid to Families with Dependent Children-Foster Care program as meeting the requirements of this section.

(B)To the extent that federal financial participation is available, an individual shall be deemed to have met the documentation requirements of this subdivision if the individual has been determined to be eligible for supplemental security income pursuant to Title XVI of the Social Security Act (42 U.S.C. Sec. 1601 et seq.).

(5)The following provisions shall apply to the extent that federal financial participation is available:

(A)If an individual cooperates in the effort to obtain and present the documentation required under this subdivision, the individual shall be given as much time as is allowed by federal law and policy to present that documentation.

(B)During the time period described in subparagraph (A), an applicant shall receive the scope of Medi-Cal benefits for which the applicant is otherwise eligible.

(6)To the extent that federal financial participation is available, the county shall do all of the following to assist an individual in obtaining and presenting the documentation required under this subdivision:

(A)For an applicant who does not present the required documentation at the time of application, the county, during the time period described in subparagraph (A) of paragraph (5), shall assist the applicant in obtaining that documentation.

(B)For a current beneficiary who has not yet documented their citizenship, the county shall do the following:

(i)If, at the time of annual redetermination, the beneficiary returns the annual redetermination form and, but for the failure to present the required documentation, continued eligibility could be established, the county shall do the following:

(I)Review county eligibility files and records, and the Medi-Cal Eligibility Data System, to access those documents. This review shall include a review of any CalWORKs or CalFresh files that may exist for the beneficiary.

(II)Attempt to reach the beneficiary by telephone to advise the beneficiary as to the need to obtain and present the required documentation.

(III)If the beneficiary fails to respond to the telephone contact or present the required documents, send a second form to the beneficiary that highlights the documentation being requested and informs the beneficiary to contact the county. The form shall be written in a simple, clear, consumer-friendly manner, and shall explain why the documentation is necessary.

(IV)If the beneficiary fails to contact the county, the county shall make another attempt to reach the beneficiary by telephone to advise the beneficiary of the need to obtain and present the required documentation.

(ii)Document in the case file any efforts made to contact and advise the beneficiary as to the need to obtain and present the required documentation.

(C)If a beneficiary fails to present the required documentation after the process required under clause (i), the county shall send a 10-day notice of action to indicate that the beneficiarys benefits are reduced to those made available under Section 14007.2.

(7)To the extent federal financial participation is available, and only to the extent any necessary federal approvals have been obtained, the department may, in its discretion, elect the option referenced in Section 1396a(a)(46)(B)(ii) of Title 42 of the United States Code to satisfy the requirements of paragraph (1). This paragraph shall become operative on January 1, 2010, or when all necessary agreements with the Commissioner of Social Security are in place, whichever is later. The department may implement this paragraph earlier than January 1, 2010, only to the extent allowed by federal law or guidance.

(8)(A)Any benefits provided in accordance with subparagraph (B) of paragraph (5) shall terminate if any of the following occurs:

(i)The individual does not obtain and present the required documentation within the time period provided in subparagraph (A) of paragraph (5).

(ii)The documentation is received by the county and the county has made a final determination of eligibility.

(B)The termination of Medi-Cal benefits under this paragraph shall occur without the necessity of further review or determination by the department. This shall not affect an individuals right to a hearing with respect to the denial of the application or termination of eligibility resulting from the annual eligibility redetermination.

(9)Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall implement this subdivision by means of an all-county letter or similar instruction without taking regulatory action. Within three years from the date that this subdivision becomes effective, the department shall adopt regulations in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(10)The department shall notify and consult with advocates, providers, counties, and health plans in implementing, interpreting, or making specific this subdivision.

(11)The department shall file all necessary state plan amendments to implement the requirements of this subdivision. Upon filing any state plan amendment, the department shall provide the appropriate fiscal committees of the Legislature with a copy of the state plan amendment.

(12)If any part of this subdivision is in conflict with or does not comply with federal law, the subdivision shall be implemented only to the extent that federal law permits. Any part that is in conflict with or does not comply with federal law shall be severable from the remaining portions of this subdivision.

SEC. 77.Section 14011.3 of the Welfare and Institutions Code is amended to read:14011.3.

(a)To the same extent as required by federal law, a person who is not a citizen or national of the United States whose entry into the United States has been sponsored by an individual who, or organization that, executed an affidavit of support or similar agreement with respect to the person shall be ineligible for the Medi-Cal program for a period of five years after the persons entry into the United States unless the sponsoring person dies or the sponsoring organization ceases to exist.

(b)Subdivision (a) shall not apply with respect to any person who is not a citizen or national of the United States who is:

(1)Admitted to the United States as a result of the application, prior to April 1, 1980, of Section 1153(a)(7) of Title 8 of the United States Code.

(2)Admitted to the United States as a result of the application, after March 31, 1980, of Section 1157(c) of Title 8 of the United States Code.

(3)Paroled into the United States under Section 1182(d)(5) of Title 8 of the United States Code.

(4)Granted political asylum by the United States Attorney General under Section 1158 of Title 8 of the United States Code.

(5)A Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96-422).

(c)This section shall become operative on the effective date of federal law that prohibits providing Medi-Cal assistance to a sponsored person, as defined in subdivision (a), and shall remain operative only as long as federal law remains in effect. The director shall determine the operative dates of this section pursuant to this subdivision and shall execute a declaration, that shall be retained by the director, that sets forth the operative date or termination date.

SEC. 78.Section 16120 of the Welfare and Institutions Code is amended to read:16120.

A child is eligible for Adoption Assistance Program benefits if all of the conditions specified in subdivisions (a) to (l), inclusive, are met or if the conditions specified in subdivision (m) are met.

(a)It has been determined that the child cannot or should not be returned to the home of the childs parents as evidenced by a petition for termination of parental rights, a court order terminating parental rights, or a signed relinquishment, or, in the case of a tribal customary adoption, if the court has given full faith and credit to a tribal customary adoption order as provided for pursuant to paragraph (2) of subdivision (e) of Section 366.26, or, in the case of a nonminor dependent the court has dismissed dependency or transitional jurisdiction subsequent to the approval of the nonminor dependent, adoption petition pursuant to subdivision (f) of Section 366.31.

(b)The child has at least one of the following characteristics that are barriers to the childs adoption:

(1)Adoptive placement without financial assistance is unlikely because of membership in a sibling group that should remain intact or by virtue of race, ethnicity, color, language, three years of age or older, or parental background of a medical or behavioral nature that can be determined to adversely affect the development of the child.

(2)Adoptive placement without financial assistance is unlikely because the child has a mental, physical, emotional, or medical disability that has been certified by a licensed professional competent to make an assessment and operating within the scope of that licensees profession. This paragraph shall also apply to children with a developmental disability, as defined in subdivision (a) of Section 4512, including those determined to require out-of-home nonmedical care, as described in Section 11464.

(c)The need for an adoption subsidy is evidenced by an unsuccessful search for an adoptive home to take the child without financial assistance, as documented in the case file of the prospective adoptive child. The requirement for this search shall be waived when it would be against the best interest of the child because of the existence of significant emotional ties with prospective adoptive parents while in the care of these persons as a foster child.

(d)The child satisfies any of the following criteria:

(1)The child is under 18 years of age.

(2)The child is under 21 years of age and has a mental or physical handicap that warrants the continuation of assistance.

(3)Effective January 1, 2012, the child is under 19 years of age, effective January 1, 2013, the child is under 20 years of age, and effective January 1, 2014, the child is under 21 years of age and as described in Section 10103.5, and has attained 16 years of age before the adoption assistance agreement became effective, and one or more of the conditions specified in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403 applies.

(e)The adoptive family is responsible for the child pursuant to the terms of an adoptive placement agreement or a final decree of adoption and has signed an adoption assistance agreement.

(f)The adoptive family is legally responsible for the support of the child and the child is receiving support from the adoptive parent.

(g)The department or the county responsible for determining the childs Adoption Assistance Program eligibility status and for providing financial aid, and the prospective adoptive parent, prior to or at the time the adoption decree is issued by the court, have signed an adoption assistance agreement that stipulates the need for, and the amount of, Adoption Assistance Program benefits.

(h)The prospective adoptive parent or any adult living in the prospective adoptive home has completed the criminal background check requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42 of the United States Code.

(i)To be eligible for state funding, the child is the subject of an agency adoption, as defined in Section 8506 of the Family Code, and was any of the following:

(1)Under the supervision of a county welfare department as the subject of a legal guardianship or juvenile court dependency.

(2)Relinquished for adoption to a licensed California private or public adoption agency, or another public agency operating a Title IV-E program on behalf of the state, and would have otherwise been at risk of dependency as certified by the responsible public child welfare agency.

(3)Committed to the care of the department pursuant to Section 8805 or 8918 of the Family Code.

(4)The child is an Indian child and the subject of an order of adoption based on tribal customary adoption of an Indian child, as described in Section 366.24. Notwithstanding Section 8600.5 of the Family Code, for purposes of this subdivision a tribal customary adoption shall be considered an agency adoption.

(j)To be eligible for federal funding, in the case of a child who is not an applicable child for the federal fiscal year, as defined in subdivision (n), the child satisfies any of the following criteria:

(1)Prior to the finalization of an agency adoption, as defined in Section 8506 of the Family Code, or an independent adoption, as defined in Section 8524 of the Family Code, is filed, the child has met the requirements to receive federal supplemental security income benefits pursuant to Subchapter 16 (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code, as determined and documented by the federal Social Security Administration.

(2)The child was removed from the home of a specified relative and the child would have been AFDC eligible in the home of removal according to Section 606(a) or 607 of Title 42 of the United States Code, as those sections were in effect on July 16, 1996, in the month of the voluntary placement agreement or in the month court proceedings are initiated to remove the child, resulting in a judicial determination that continuation in the home would be contrary to the childs welfare. The child must have been living with the specified relative from whom the child was removed within six months of the month the voluntary placement agreement was signed or the petition to remove was filed.

(3)The child was voluntarily relinquished to a licensed public or private adoption agency, or another public agency operating a Title IV-E program on behalf of the state, and there is a petition to the court to remove the child from the home within six months of the time the child lived with a specified relative and a subsequent judicial determination that remaining in the home would be contrary to the childs welfare.

(4)Title IV-E foster care maintenance was paid on behalf of the childs minor parent and covered the cost of the minor parents child while the child was in the foster family home or child care institution with the minor parent.

(5)The child is an Indian child and the subject of an order of adoption based on tribal customary adoption of an Indian child, as described in Section 366.24.

(k)To be eligible for federal funding, in the case of a child who is an applicable child for the federal fiscal year, as defined in subdivision (n), the child meets any of the following criteria:

(1)At the time of initiation of adoptive proceedings, was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to either of the following:

(A)An involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child.

(B)A voluntary placement agreement or a voluntary relinquishment.

(2)The child meets all medical or disability requirements of Title XVI with respect to eligibility for supplemental security income benefits.

(3)The child was residing in a foster family home or a child care institution with the childs minor parent, and the childs minor parent was in the foster family home or child care institution pursuant to either of the following:

(A)An involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child.

(B)A voluntary placement agreement or voluntary relinquishment.

(4)The child is an Indian child and the subject of an order of adoption based on tribal customary adoption of an Indian child, as described in Section 366.24.

(5)The nonminor dependent, as described in subdivision (v) of Section 11400, is the subject of an adoption pursuant to subdivision (f) of Section 366.31.

(l)(1)The child is a citizen of the United States or a qualified immigrant. If the child is a qualified immigrant who entered the United States on or after August 22, 1996, and is placed with an unqualified immigrant, the child must meet the five-year residency requirement pursuant to Section 673(a)(2)(B) of Title 42 of the United States Code, unless the child is a member of one of the excepted groups pursuant to Section 1612(b) of Title 8 of the United States Code.

(2)For purposes of this subdivision, a qualified immigrant means a person who meets the definition of the term defined in Section 1641 of Title 8 of the United States Code.

(m)A child or nonminor shall be eligible for Adoption Assistance Program benefits if the following conditions are met:

(1)The child or nonminor received Adoption Assistance Program benefits with respect to a prior adoption and the child or nonminor is again available for adoption because the prior adoption was dissolved and the parental rights of the adoptive parents were terminated or because the childs or nonminors adoptive parents died and the child or nonminor meets the special needs criteria described in subdivisions (a) to (c), inclusive. When a nonminor is receiving Adoption Assistance Program benefits after 18 years of age and the nonminors adoptive parents die, the juvenile court may resume dependency jurisdiction over the nonminor pursuant to Section 388.1.

(2)To receive federal funding, the citizenship requirements in subdivision (l).

(n)(1)Except as provided in this subdivision, applicable child means a child for whom an adoption assistance agreement is entered into under this section during any federal fiscal year described in this subdivision if the child attained the applicable age for that federal fiscal year before the end of that federal fiscal year.

(A)For federal fiscal year 2010, the applicable age is 16 years.

(B)For federal fiscal year 2011, the applicable age is 14 years.

(C)For federal fiscal year 2012, the applicable age is 12 years.

(D)For federal fiscal year 2013, the applicable age is 10 years.

(E)For federal fiscal year 2014, the applicable age is eight years.

(F)For federal fiscal year 2015, the applicable age is six years.

(G)For federal fiscal year 2016, the applicable age is four years.

(H)For federal fiscal year 2017, the applicable age is two years.

(I)For October 1, 2017, to December 31, 2017, any age.

(J)Effective January 1, 2018, to June 30, 2024, the applicable age is two years.

(K)Effective July 1, 2024, and thereafter, any age.

(2)Beginning with the 2010 federal fiscal year, the term applicable child shall include a child of any age on the date on which an adoption assistance agreement is entered into on behalf of the child under this section if the child meets both of the following criteria:

(A)The child has been in foster care under the responsibility of the state for at least 60 consecutive months.

(B)The child meets the requirements of subdivision (k).

(3)Beginning with the 2010 federal fiscal year, an applicable child shall include a child of any age on the date that an adoption assistance agreement is entered into on behalf of the child under this section, without regard to whether the child is described in paragraph (2), if the child meets all of the following criteria:

(A)The child is a sibling of a child who is an applicable child for the federal fiscal year, under subdivision (n) or paragraph (2).

(B)The child is to be placed in the same adoption placement as an applicable child for the federal fiscal year who is their sibling.

(C)The child meets the requirements of subdivision (k).

SEC. 79.Section 17001.6 of the Welfare and Institutions Code is amended to read:17001.6.

(a)To the extent not inconsistent with federal law, a county may require the legal sponsor of a person who is not a citizen or national of the United States general assistance recipient to sign a written agreement to repay any aid provided to the person during the period of time during which the sponsor has agreed, in writing, to provide for the person who is not a citizen or national of the United States.

(b)Upon request of the board of supervisors, the district attorney or any other civil legal officer may maintain an action against the legal sponsor of a person who is not a citizen or national of the United States to recover, for the county, the aid provided the person during the period described in subdivision (a) and to secure an order requiring payment of any sums that may become due in the future.

(c)For purposes of enforcing this section, a county may seek and employ all remedies otherwise authorized by this part.

(d)This section shall not be construed to authorize a county to penalize a recipient of general assistance, or to otherwise deny, curtail, or modify the general assistance provided a recipient unless otherwise provided in the county general assistance program standards and requirements.

SEC. 80.Section 17001.7 of the Welfare and Institutions Code is amended to read:17001.7.

(a)In adopting standards of aid and care for the indigent and dependent poor of the county or city and county, the board of supervisors or the agency authorized by the county charter may, for purposes of determining eligibility for aid and care, deem the income and resources of any person who, as a sponsor of the entry of a general assistance applicant or recipient into the United States, executed an affidavit of support or similar agreement with respect to that applicant or recipient, and the income and resources of the sponsors spouse, to be the income and resources of that applicant or recipient, in accordance with subdivisions (b) and (c), for a period of three years after the individuals entry into the United States. Any such deemed income shall be treated as unearned income of the general assistance applicant or recipient.

(b)(1)The amount of income of a sponsor and the sponsors spouse that shall be deemed to be the unearned income of a person who is not a citizen or national of the United States for any month shall be determined as follows:

(A)The total amount of earned and unearned income of the sponsor and the sponsors spouse, if the spouse is living with the sponsor, shall be determined for that month.

(B)The amount determined under subparagraph (A) shall be reduced by an amount equal to the following:

(i)One hundred seventy-five dollars ($175), or 20 percent of the total of any amounts received by the sponsor and the sponsors spouse in that month as wages or salary or as net earnings from self-employment, plus the full amount of any costs incurred by them in producing self-employment income in that month, whichever is less.

(ii)The amount of maximum aid established pursuant to Section 11450 for a family of the same size and composition as the sponsor and those other individuals living in the same household as the sponsor who are claimed by the sponsor as dependents for purposes of determining the sponsors federal personal income tax liability, but whose needs are not taken into account in making a determination for eligibility for Aid to Families with Dependent Children program under Section 602(a)(7) of Title 42 of the United States Code.

(iii)Any amounts paid by the sponsor or the sponsors spouse to individuals not living in the sponsors household who are claimed by the sponsor as dependents for purposes of determining the sponsors federal personal income tax liability.

(iv)Any payments of spousal or child support by the sponsor or the sponsors spouse with respect to individuals not living in the sponsors household.

(2)The amount of resources of a sponsor and the sponsors spouse that shall be deemed to be the resources of a person who is not a citizen or national of the United States for any month shall be the total amount of resources determined as if the sponsor were applying for general assistance under this chapter of the sponsor and the sponsors spouse, if the spouse is living with the sponsor, and in accordance with the standards adopted by the county or city and county, reduced by one thousand five hundred dollars ($1,500).

(c)Any sponsor of a person who is not a citizen or national of the United States, and the person who is not a citizen or national of the United States, shall be jointly and severally liable for an amount equal to any overpayment of aid made to the person who is not a citizen or national of the United States during the period of three years after the persons entry into the United States, on account of the sponsors failure to provide correct information under this section, except where that sponsor was without fault, or where good cause of that failure existed.

(d)In any case where a person is the sponsor of two or more persons who are not citizens or nationals of the United States who are living in the same home, the income and resources of the sponsor and the sponsors spouse, to the extent they would be deemed the income and resources of any one of these persons who are not citizens or nationals of the United States under subdivisions (a) to (c), inclusive, shall be divided into two or more equal shares, the number of shares being the same as the number of these persons who are not citizens or nationals of the United States, and the income and resources of each of those persons shall be deemed to include one share.

(e)As a condition to providing aid pursuant to this chapter, the county or city and county may require the person who is not a citizen or national of the United States to provide the name and address of the persons sponsor and may require the person or the persons sponsor to provide all information regarding the income and assets of the sponsor and the sponsors spouse necessary to enforce this section.

(f)The deeming of sponsors and sponsors spouses income and resources shall not apply to a person who is not a citizen or national of the United States whose sponsor has abandoned their duty to support the person. For purposes of this section, abandonment of the duty to support shall include, but not be limited to, abuse, battery, neglect, or refusal to support. Evidence of abandonment may be demonstrated by documentary evidence or collateral statements.

(g)This section shall not apply to a person who is not a citizen or national of the United States to whom any of the following applies:

(1)Admitted to the United States as a result of the application, prior to April 1, 1980, of Section 1153(a)(7) of Title 8 of the United States Code.

(2)Admitted to the United States as a result of the application, after March 31, 1980, of Section 1157(c) of Title 8 of the United States Code.

(3)Paroled into the United States as a refugee under Section 1182(d)(5) of Title 8 of the United States Code.

(4)Granted political asylum by the Attorney General of the United States pursuant to Section 1158 of Title 8 of the United States Code.

(5)A Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96-422).

SEC. 81.Section 17001.8 of the Welfare and Institutions Code is amended to read:17001.8.

(a)In adopting standards of aid for general assistance for the indigent and dependent poor of the county or city and county, the board of supervisors or the agency authorized by the county charter may determine, with regard to any person who is not a citizen or national of the United States whose entry into the United States has been sponsored by an individual who, or an organization which, executed an affidavit of support or similar agreement with respect to the person and who has become ineligible for assistance pursuant to Section 11008.135, that the person who is not a citizen or national of the United States is ineligible for aid for a period of five years after the persons entry into the United States, unless (1) the person is a minor and the sponsor, or the sponsors spouse, is the parent of the persons child or (2) the sponsoring person dies or the sponsoring organization ceases to exist.

(b)This section shall not apply with respect to any person who is not a citizen or a national of the United States who is:

(1)Admitted to the United States as a result of the application, prior to April 1, 1980, of the provisions of Section 1153 (c) of Title 8 of the United States Code.

(2)Admitted to the United States as a result of the application, after March 31, 1980, of Section 1157(c) of Title 8 of the United States Code.

(3)Paroled into the United States under Section 1182(d)(5) of Title 8 of the United States Code.

(4)Granted political asylum by the United States Attorney General under Section 1158 of Title 8 of the United States Code.

(5)A Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96-422).

(c)This section shall become operative on the effective date of federal law that prohibits providing assistance to sponsored persons who are not citizens or nationals of the United States and shall remain operative only as long as that federal law remains in effect. The Director of Social Services shall determine the operative dates of this section pursuant to this subdivision and shall execute a declaration, that shall be retained by the director, that sets forth the operative date or termination date.

SEC. 82.Section 17001.9 of the Welfare and Institutions Code is amended to read:17001.9.

(a)Notwithstanding any other provision of this part:

(1)As a condition of providing nonemergency medical care to an indigent and dependent adult resident of the county, other than an involuntary detainee or prisoner, who is a sponsored person who is not a citizen or national of the United States, a county may require that the legal sponsor of the person sign a written agreement to repay any aid provided to the person during the period of time during which the sponsor has agreed, in writing, to provide for the person who is not a citizen or national of the United States.

(2)To the extent not inconsistent with federal law, if a county has provided emergency medical care to an indigent and dependent adult resident of the county, other than an involuntary detainee or prisoner, who is a sponsored person who is not a citizen or national of the United States and that care was provided during the period during which the sponsor has agreed, in writing, to provide for the person, the county may recover the reasonable cost of that care from the sponsor of that person. If the county is required to take legal action to enforce this right to recovery, the written promise to provide for the person shall be considered, under state law, to be the equivalent of a written contract to pay for that medical care.

(3)No county shall be required to provide medical care to any sponsored person who is eligible, with or without a share of cost, for participation in the California Medical Assistance (Medi-Cal) program.

(b)This section shall not apply if the sponsoring person dies or the sponsoring organization ceases to exist.

(c)This section shall not apply with respect to any person who is not a citizen or national of the United States who is:

(1)Admitted to the United States as a result of the application, prior to April 1, 1980, of the provisions of Section 1153 (c) of Title 8 of the United States Code.

(2)Admitted to the United States as a result of the application, after March 31, 1980, of Section 1157(c) of Title 8 of the United States Code.

(3)Paroled into the United States under Section 1182(d)(5) of Title 8 of the United States Code.

(4)Granted political asylum by the United States Attorney General under Section 1158 of Title 8 of the United States Code.

(5)A Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96-422).

(6)A minor and the sponsor or the sponsors spouse is the parent of the child.

(d)This section shall become operative on the effective date of federal law that prohibits providing Medi-Cal assistance to sponsored persons who are not citizens or nationals of the United States, and shall remain operative only as long as federal law remains in effect. The Director of Health Services shall determine the operative dates of this section pursuant to this subdivision and shall execute a declaration, that shall be retained by the director, that sets forth the operative date or termination date.

SEC. 83.

(a)Section 6.5 of this bill incorporates amendments to Section 7583.23 of the Business and Professions Code proposed by both this bill and Senate Bill 607. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, (2) each bill amends Section 7583.23 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 607, in which case Section 6 of this bill shall not become operative.

(b)(1)If (1) this bill and Assembly Bill 229 are enacted and become effective on or before January 1, 2022, (2) Assembly Bill 229 amends Section 7596.3 of the Business and Professions Code, and (3) Assembly Bill 830 is not enacted or as enacted does not amend that section, the amendment of that section by Assembly Bill 229 shall prevail over the amendment of that section by this act, whether that act is enacted prior to, or subsequent to, the enactment of this act.

(2)Section 9.2 of this bill incorporates amendments to Section 7596.3 of the Business and Professions Code proposed by both this bill and Assembly Bill 830. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, (2) each bill amends Section 7596.3 of the Business and Professions Code, (3) Assembly Bill 229 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 830 in which case Sections 9, 9.3, and 9.4 of this bill shall not become operative.

(3)Sections 9.3 and 9.4 of this bill incorporate amendments to Section 7596.3 of the Business and Professions Code proposed by this bill, Assembly Bill 229, and Assembly Bill 830. Those sections shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2022, (2) all three bills amend Section 7596.3 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 229 and Assembly Bill 830, in which case Sections 9 and 9.2 of this bill and Section 7596.3 of the Business and Professions Code, as added by Assembly Bill 229 and Assembly Bill 830, shall not become operative.

(c)Section 10.5 of this bill incorporates amendments to Section 7596.7 of the Business and Professions Code proposed by both this bill and Assembly Bill 830. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, (2) each bill amends Section 7596.7 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 830, in which case Section 10 of this bill shall not become operative.

(d)If this bill and Senate Bill 436 are enacted and become effective on or before January 1, 2022, and Senate Bill 436 amends and repeals Section 76140 of the Education Code, the amendment and repeal of that section by Senate Bill 436 shall prevail over the amendment of that section by this act, whether that act is enacted prior to, or subsequent to, the enactment of this act.

(e)If this bill and Assembly Bill 937 are enacted and become effective on or before January 1, 2022, and Assembly Bill 937 repeals Section 5025 or Section 5026 of the Penal Code, or both, the repeal of one or both of those sections by Assembly Bill 937 shall prevail over the amendment of one or both of those sections by this act, whether that act is enacted prior to, or subsequent to, the enactment of this act.