BILL NUMBER: ACA 20	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 28, 2005

INTRODUCED BY   Assembly Member Haynes
    (   Coauthors:   Assembly Members 
 Bogh,   Cogdill,   La Malfa,   Sharon
Runner,   Walters,   and Wyland   ) 

    (   Coauthors:   Senators  
Margett   and Runner   ) 

                        MAY 3, 2005

   A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by adding Article
XXXVI thereto, relating to immigration enforcement.


	LEGISLATIVE COUNSEL'S DIGEST


   ACA 20, as amended, Haynes.  Immigration enforcement.
   Existing federal law authorizes state and local governments to
assist in the enforcement of federal immigration provisions, subject
to specified conditions.
   Existing state law authorizes the Governor to declare a state of
emergency under certain circumstances, and provides for the provision
of certain emergency services by the Office of Emergency Services in
this regard.
   This measure would  declare that the influx of foreign
nationals into California in violation of United States immigration
laws constitutes a state of emergency in the state. It would provide
for the periodic review of this declaration by the voters at
statewide elections, and would specify that the declaration would
remain in effect only so long as it is affirmed by the voters in this
manner   set forth various findings regarding the
impact of illegal immigration in California  .
   The measure would establish the Division of Homeland Security
 Assistance, Homeland Security Program  , also to be
known as the California Border Police, in the Office of Emergency
Services  , under the direction of the Director of the Office
of Emergency Service. It would set forth the duties and authority of
the California Border Police and the Office of Emergency Services,
in assisting the federal government in enforcing the laws of the
United States pertaining to immigration within the borders of the
state, pursuant to an agreement entered into between the state and
the federal government or as otherwise authorized by the federal
government. It would authorize the California Border Police to
utilize local facilities in accomplishing its mission  .
    The measure would provide that its provisions would be
repealed as of the date the declaration of emergency described above
becomes inoperative.   It would require the California
Border Police to assist the federal government in enforcing the
immigration laws of the United States by arresting persons suspected
of violating those laws pursuant to the authority provided by state
law. The measure would require the Governor to appoint a commissioner
of the division, and would specify his or her powers and duties.

    The measure would require the Governor to request an
appropriation from the Legislature in an amount deemed necessary to
fund the California Border  Police. It would  
require the Legislature to appropriate those funds, and would provide
that, if the Legislature fails to make an adequate appropriation,
the Governor may make supplemental appropriations upon declaring a
state of emergency. The bill would provide the Governor with the
authority to declare that state of emergency if he or she finds that
specified conditions exist regarding illegal immigration and
legislative appropriations. 
    The measure would authorize the California Border Police to
use local facilities in carrying out its duties. 
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.





   Resolved, by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2005-06 Regular Session
commencing on the sixth day of December, 2004, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California, that the Constitution of the State be
amended as follows:
    That Article XXXVI is added thereto, to read:
      ARTICLE XXXVI
IMMIGRATION ENFORCEMENT

      SECTION 1.
   (a) The people of the State of California find and declare that
illegal immigration poses a grave danger to the security of the State
and its residents. This danger is imminent, and must be addressed
immediately.
   (b) Therefore, the people of the State declare that the influx of
foreign nationals into California in violation of United States
immigration laws constitutes a state of emergency in the State.
   (c) The Secretary of State shall, at the first statewide general
election falling at least 10 years after the election at which this
article was adopted, and at the statewide general election every
fourth year thereafter, place upon the ballot a measure to determine
whether the state of emergency declared pursuant to this section
shall continue in effect. If a majority of the voters voting on the
issue at that election vote to maintain the state of emergency, the
declaration of emergency shall continue in effect for another four
years. If a majority of the voters voting on the issue at that
election do not vote to maintain the state of emergency, the
declaration of emergency shall become inoperative, and this article
shall be repealed, on the day after the date of the election.
 
      SEC. 2.
   (a) The Division of Homeland Security Assistance, Homeland
Security Program, also to be known as the California Border Police,
is hereby established in the Office of Emergency Services or its
successor, under the direction of the Director of the Office of
Emergency Services or his or her successor, or his or her designee.
   (b) The California Border Police shall, pursuant to an agreement
entered into between the State and the federal government, or as
otherwise authorized by the federal government, assist the federal
government in enforcing the laws of the United States pertaining to
immigration within the borders of the State.
   (c) In assisting the federal government pursuant to subdivision
(b), the California Border Police may arrest any individual in
violation of applicable federal immigration laws, and hold any
individual who has entered this State in violation of those laws
until the federal government takes possession of the individual.
   (d) The California Border Police may hire, train, and deploy
sufficient personnel to perform its duties, and shall establish a
program for the training and deployment of volunteers for the same
purpose. Volunteers under the program shall be entitled to all
rights, immunities, and protections of disaster service volunteers
under applicable state law.
   (e) The California Border Police may utilize any state or local
facility, and construct and operate any other facilities, including
jails, prisons, or other correctional facilities, that the Director
of the Office of Emergency Services or his or her successor, or his
or her designee, determines are necessary to accomplish the purposes
of this section.
   (f) All authority granted to the Office of Emergency Services, or
its successor, and to the Director of the Office of Emergency
Services, or his or her successor, under state law with respect to
the use of state or local resources, or the provision of services
during a state of emergency or otherwise, shall extend to the use of
state or local resources for the provision of services under this
section.
   (g) The Office of Emergency Services, or its successor, shall use
existing preparedness or response plans, or devise appropriate plans
and procedures, in the most expedient manner necessary to accomplish
the purposes of this section. The Director of the Office of Emergency
Services, or his or her successor, or his or her designee, shall
coordinate the parties to the California Disaster and Civil Defense
Master Mutual Aide Agreement, or any successor agreement, and utilize
all other resources available through mutual aid agreements, as
appropriate to accomplish the purposes of this section.
   (h) The authority of the California Border Police and the Office
of Emergency Services, or its successor, in implementing these
provisions shall be construed as liberally as possible to effectuate
the purposes of this section.  It is the intent of the people of the
State that sufficient resources be devoted to the accomplishment of
the purposes of this section. 
   SECTION 1.   
   (a) The federal government has not succeeded in stopping the flow
of illegal immigration into the United States.  It is estimated that
nearly 3,000,000 illegal immigrants reside in California, with
thousands more crossing our borders or entering from the coastline
each month.  
   (b) California suffers a disproportionate burden from the federal
government's failure to stem the tide of illegal immigration. Illegal
immigration is a burden on California taxpayers who fund social
services provided to illegal immigrants, such as healthcare, welfare,
and public education. Moreover, taxpayers must pay the added expense
of imprisoning approximately 18,000 illegal immigrants who have been
convicted of crimes. The total cost to taxpayers from illegal
immigration is estimated at over $9 billion annually. The federal
government has not come close to reimbursing the State for these
costs.  
   (c) More importantly, unchecked illegal immigration threatens our
ability to protect our homeland from the threat of terrorism. 

   (d) State and local law enforcement have the sovereign authority
to assist the federal government in the enforcement of federal
immigration laws, but lack the resources, training, and time to do
so.  
   (e) Therefore, the people of the State of California hereby enact
the California Border Police Act to establish a state law enforcement
agency dedicated to protecting our homeland security and assisting
the federal government in the enforcement of federal immigration
laws. 
   SEC. 2.   
   (a) The people of the State of California find and declare that
illegal immigration poses a grave and imminent danger to the security
of the State and its residents.  
   (b) California, through its state and local law enforcement
agencies, has the sovereign right and duty to assist the federal
government in the enforcement of federal immigration laws.  

   (c) There is hereby created in state government the Division of
Homeland Security in the Office of Emergency Services. The division
shall also be known as the California Border Police.  
   (d) The California Border Police shall assist the federal
government in enforcing the immigration laws of the United States by
arresting persons suspected of violating those laws. After taking a
person into custody, the California Border Police shall notify the
federal immigration authority and transfer the person to the federal
immigration authority within the time prescribed by federal law.
 
   (e) The Commissioner of the Division of Homeland Security shall
seek reimbursement from the federal government for the costs of
arrest and detention.  
   (f) The Governor shall request, in the annual budget, an
appropriation from the Legislature in an amount deemed necessary to
fund the California Border Police, and the Legislature shall
appropriate those funds. 
   SEC. 3.   
   (a) The Division of Homeland Security, also known as the
California Border Police, shall carry out the duties prescribed by
this article.  
   (b) The Governor shall appoint the Commissioner of the Division of
Homeland Security, who shall serve at the pleasure of the Governor,
to supervise the training, equipping, staffing, administration,
management, and operation of the Division of Homeland Security. 

   (c) With the approval of the Governor, the commissioner shall
organize the division, and may arrange and classify the work of the
division, may create or abolish units thereof. 
   SEC. 4.   
   (a) The California Border Police consists of the commissioner,
deputy commissioners, captains, lieutenants, sergeants, and officers.
 
   (b) Captains, lieutenants, sergeants, and officers shall be peace
officers subject to the course of training required by Section 832 of
the Penal Code.  
   (c) The commissioner shall provide for the specialized training of
all captains, lieutenants, sergeants, and officers in federal
immigration law and procedures in order to carry out the duties of
the California Border Police.  
   (d) The commissioner shall provide for the equipping of personnel,
including issuance of uniforms and identification badges, in a
manner similar to that of the California Highway Patrol.  
   (e) Captains, lieutenants, sergeants, and officers shall be hired,
promoted, fired, and compensated in a similar manner as equivalent
personnel in the California Highway Patrol. 
   SEC. 5.   
   (a) The commissioner may create patrol districts for the efficient
administration and enforcement of this article, and may establish
branch offices and detention facilities as he or she deems necessary.

   SEC. 6.   
   The California Border Police has the authority to use all state
and local facilities necessary to carry out its duties under this
article, including jails, prisons, and other correctional facilities.

   SEC. 7.   
   The commissioner shall annually report to the Governor, the
Legislature, and the Director of the Office of Emergency Services on
the performance of the division, the costs it incurs, and its
attempts at recovering federal funds to offset the costs of arrest
and detention. 
   SEC. 8.   
   The commissioner may, in accordance with the Administrative
Procedure Act, adopt rules and regulations necessary to implement and
carry out the duties of the California Border Police imposed by this
article. 
   SEC. 9.   
   The commissioner, with approval of the Governor, may enter into a
memorandum of understanding with the Attorney General of the United
States to authorize the California Border Police, or any part
thereof, to perform any function of an immigration officer in
relation to the criminal and civil enforcement of federal immigration
law. Such an agreement shall not limit the authority of the
California Border Police to carry out its duties under this article.

   SEC. 10.   
   (a) The Governor may declare a state of emergency if he or she
finds that the Legislature failed to provide an adequate
appropriation to maintain the California Border Police and to carry
out the duties required by this article, and that the failure to
maintain an adequate California Border Police will lead to an
increase in illegal immigration that threatens the safety and welfare
of the State and its residents.  
   (b)  If the Governor declares such a state of emergency, he or she
may, pursuant to the issuance of an executive order so specifying,
expend any appropriation for support of the California Border Police
Act. 
   SEC. 11.   
   A peace officer may arrest a person if the officer has probable
cause to believe that the person to be arrested has committed a
criminal violation of federal immigration law, whether or not in the
officer's presence. 
   SEC. 12.   
   The provisions of this article are severable. If any provision of
this article or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.