Large retail stores: immigration enforcement: reporting., the official text

An act to add and repeal Section 1714.42 of the Civil Code, relating to civil law.

LEGISLATIVE COUNSEL'S DIGEST

Existing law generally regulates various business activities and practices related to consumer rights. Existing law requires law enforcement and state and local governments to interact with and report on federal action against individuals based on their perceived or actual immigration status in various specified manners.
This bill would require a large retail store doing business in this state, as defined, to provide the Attorney General with copies of specified documentation related to immigration enforcement activity, as defined, that occurs on the large retail store’s premises, including copies of any video footage, upon receipt of an administrative subpoena, as specified. The bill would exempt documentation submitted as described above from the California Public Records Act. The bill would require the large retail store to preserve the documentation described above, as specified. The bill would also require the large home improvement retailer to disclose on the retailer’s internet website certain information, including any policies and practices the large home improvement retailer maintains that relate to immigration enforcement activity on its premises, as specified. The bill would also require the large retail store to provide the county in which the immigration enforcement activity occurred with access to the above-described documentation, as specified. In connection with that requirement, the bill would require every county board of supervisors to select that appropriate agency in the county to have the authority to access that documentation. By imposing new duties on counties, the bill would impose a state-mandated local program.
The bill would authorize the Attorney General or a county counsel to bring an action for injunctive relief for a violation of the above provisions. The bill would repeal its provisions on January 1, 2030. The bill would make related findings and declarations and would declare the severability of its provisions.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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

SECTION 1.
This act shall be known, and may be cited, as the REPAIR ACT of 2026.

SEC. 2.
The Legislature finds and declares all of the following:
(a) Widespread federal immigration raids are taking place throughout California. Common raid tactics, including the use of masks and unmarked cars by armed, plainclothes officers; the use of ruses to lure individuals out of, or gain access to, private spaces for questioning and detention; and the use of racial profiling to target individuals for questioning and detention are spreading fear and creating a sense of chaos among the general public.
(b) Misinformation about the raids is rampant. It is difficult for the public to know what is true and this confusion exacerbates the fear and chaos caused by the raids, leading to panic that is detrimental to public safety and public health.
(c) Large retail stores have become locations where federal immigration enforcement activities have occurred throughout California.
(d) California residents, contractors, homeowners, and day laborers rely on large retail stores to purchase goods, obtain services, conduct business, and support themselves and their families. Federal immigration raids at or adjacent to these large retail stores may disrupt access to employment, commerce, essential goods and services, and undermine public safety.
(e) This act seeks to preserve the ability of California residents, workers, customers, contractors, homeowners, and day laborers to safely patronize large retail stores by promoting transparency regarding retailer policies associated with federal immigration raids, and ensuring that the Attorney General and designated county agencies have timely access to documentation related to federal immigration enforcement activity, thereby supporting public safety and public health, promoting transparency, and ensuring corporate responsibility.

SEC. 3.
Section 1714.42 is added to the Civil Code, to read:
1714.42.
(a) (1) A large retail store doing business in this state shall, at a minimum, do both of the following in relation to immigration enforcement activity occurring on their premises:
(A) Provide the Attorney General with copies of any video footage, photographs, written reports, and any other documentation of immigration enforcement activity gathered in the normal course of business within 14 calendar days of receipt of an administrative subpoena issued by the Attorney General.
(B) Provide the county in which the immigration enforcement activity occurred with access to any video footage, photographs, written reports, and any other documentation of immigration enforcement activity gathered in the normal course of business within a reasonable period of time after receipt of a written request issued by the county.
(2) The large retail store shall disclose on their internet website any policies and practices the large retail store maintains that relate to immigration enforcement activity on its premises, including both of the following:
(A) Whether the large retail store maintains policies regarding interaction between its employees or agents and federal immigration authorities.
(B) Whether the large retail store provides surveillance data, directly or indirectly, to federal immigration authorities or any agency that provides that data to federal immigration authorities.
(3) Information disclosed on the large retail store’s internet website pursuant to this subdivision shall be made available via a conspicuous link on the internet website’s home page.
(b) (1) A large retail store shall preserve all documentation described in subparagraph (A) of paragraph (1) of subdivision (a) for no less than 60 days.
(2) Any documentation submitted to the Attorney General pursuant to subparagraph (A) of paragraph (1) of subdivision (a) shall not be considered a public record and shall not be disclosed pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(c) Every county board of supervisors shall select that appropriate agency in the county to have the authority to access information on federal immigration enforcement activities at large retail stores located in that county.
(d) The Attorney General or a county counsel may bring an action for injunctive relief for a violation of this section.
(e) For purposes of this section, the following definitions shall apply:
(1) “Doing business in this state” shall have the same meaning as provided in Section 23101 of the Revenue and Taxation Code.
(2) “Immigration enforcement activity” means any surveillance, consensual or nonconsensual stop, detention, search, arrest, or use of force by an immigration enforcement authority conducted wholly or in part for the purposes of enforcing federal immigration law.
(3) “Immigration enforcement authority” means officers or agents of the United States Immigration and Customs Enforcement or the United States Customs and Border Protection.
(4) “Large retail store” means a business entity that operates 50 or more retail stores in the state with an average size of 100,000 square feet or more of enclosed space.
(5) “Premises” means both enclosed and outside space occupied by a large retail store and includes the parking lot of a large retail store and any public walkways directly adjacent to the building.
(6) “Surveillance data” includes, but is not limited to, data collected by automated license plate reader systems and artificial intelligence-driven analytics.
(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 4.
The Legislature finds and declares that preserving the ability of California residents, contractors, homeowners, and day laborers to safely patronize large retail stores is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act adding Section 1714.42 to the Civil Code applies to all cities, including charter cities.

SEC. 5.
The Legislature finds and declares that Section 3 of this act, which adds Section 1714.42 to the Civil Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Documentation of immigration enforcement activity submitted to the Attorney General pursuant to this act may contain sensitive personal information regarding workers, customers, and other individuals present at the time of enforcement activity, as well as information the disclosure of which could compromise the integrity of ongoing investigations. In order to protect the privacy of individuals depicted in or identified by those records, to preserve the integrity of investigations conducted pursuant to this act, and to prevent the disclosure of investigatory records in a manner that would undermine the Attorney General’s ability to enforce this act, it is necessary that the act limits the public’s right of access to records submitted to the Attorney General pursuant to this act.

SEC. 6.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.