BILL NUMBER: AB 791 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2007
AMENDED IN ASSEMBLY MARCH 28, 2007
INTRODUCED BY Assembly Member Jeffries
FEBRUARY 22, 2007
An act to amend Section 12800 of, and to add Chapter 3 (commencing
with Section 12880) to Part 2.5 of Division 3 of Title 2 of, the
Government Code, to add Section 13148 to the Health and
Safety Code, and to amend Sections 4002 and 4129 of, and to add
Section 4138 to, the Public Resources Code, relating to governmental
reorganization. Government Code, relating to
governmental reorganization.
LEGISLATIVE COUNSEL'S DIGEST
AB 791, as amended, Jeffries. Governmental reorganization.
(1) Existing
Existing law authorizes the creation of various state
agencies, including, but not limited to, the State and Consumer
Services Agency, the Business, Transportation and Housing Agency, the
California Health and Human Services Agency, and the Labor and
Workforce Development Agency. Under existing law, the secretary of
each agency has the power of general supervision over, and is
directly responsible to the Governor for, the operation of each
department, office, and unit, within the agency. Under existing law,
there are in state government various departments, authorities, and
offices, including, but not limited to, the Department of the
California Highway Patrol, the Department of Forestry and Fire
Protection, the Office of the State Fire Marshal, and the Emergency
Medical Services Authority.
This bill would create, on January 1, 2009, the California Public
Safety Agency, supervised by the Secretary of the California Public
Safety Agency. The bill would provide, on January 1, 2011, that the
California Public Safety Agency shall consist of the Department of
Forestry and Fire Protection, specified fire suppression personnel,
the Office of the State Fire Marshal, the Office of Emergency
Services, the Office of Homeland Security, the Office of Traffic
Safety, the Department of the California Highway Patrol, specified
peace officer personnel, and the Emergency Medical Services
Authority. The bill would also require, by July 1, 2009, the
director, commissioners, or head of a department or personnel of each
of these departments, personnel, offices, and authorities, or his or
her designated representative, to meet with the secretary and
develop proposed internal organizational structures, as specified.
The bill would also make related legislative findings and
declarations.
(2) Under existing law, there is a State Board of Fire Services in
the Office of the State Fire Marshal. Under existing law, the State
Board of Fire Services is required to perform various tasks,
including, but not limited to, making full and complete studies,
recommendations, and reports to the Governor and the Legislature for
the purpose of recommending establishment of minimum standards with
respect to the physical requirements, education, and training of fire
protection personnel, and fire apparatus, equipment, hose, tools,
and related items. Existing law requires the State Board of Forestry
and Fire Protection to classify all lands within the state to
determine areas in which the financial responsibility of preventing
and suppressing fires is primarily the responsibility of the state,
as specified.
This bill would instead require the State Board of Fire Services
to classify all lands within the state to determine areas in which
the financial responsibility of preventing and suppressing fires is
primarily the responsibility of the state.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The first and most important job of state government is to
effectively provide public safety services, including, but not
limited to, protection from crime, fires, terrorism, and
other natural disasters.
(b) The California Public Safety Agency shall include several
current state departments, offices, authorities, personnel,
functions, and services providing fire, rescue, law enforcement, and
emergency medical services.
(c) The California Public Safety Agency is created to coordinate,
consolidate, and carry out in an efficient manner the fire, rescue,
law enforcement, and emergency medical services provided by the
state, including, but not limited to, public safety communications,
command structure, training, resource ordering and purchasing,
planning, and providing emergency services.
(d) The Secretary of the California Public Safety Agency shall
meet with personnel as described in this act on or before July 1,
2009, in order to facilitate discussions, at the earliest
opportunity, with the affected departments, offices, authorities, and
personnel to resolve potential issues related to the agency budget,
personnel realignment, if any, and legislative proposals that may be
required to carry out the mission of the California Public Safety
Agency.
SEC. 2. Section 12800 of the Government Code is amended to read:
12800. (a) There are in the state government the following
agencies:
(1) State and Consumer Services.
(2) Business, Transportation and Housing.
(3) California Environmental Protection.
(4) California Health and Human Services.
(5) Commencing January 1, 2009, California Public Safety.
(6) Labor and Workforce Development.
(7) Resources.
(8) Youth and Adult Correctional.
(b) When the term "Agriculture and Services Agency" appears in any
law, it means the "State and Consumer Services Agency," and when the
term "Secretary of Agriculture and Services Agency" appears in any
law, it means the "Secretary of State and Consumer Services."
(c) When the term "Business and Transportation Agency" appears in
any law, it means the "Business, Transportation and Housing Agency,"
and when the term "Secretary of the Business and Transportation
Agency" appears in any law, it means the "Secretary of Business,
Transportation and Housing."
(d) When the term "Health and Welfare Agency" appears in any law,
it means the "California Health and Human Services Agency," and when
the term "Secretary of the Health and Welfare Agency" appears in any
law, it means the "Secretary of California Health and Human Services."
SEC. 3. Chapter 3 (commencing with Section 12880) is added to Part
2.5 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 3. THE CALIFORNIA PUBLIC SAFETY AGENCY
12880. (a) (1) Commencing January 1, 2009, there is in the state
government the California Public Safety Agency. The Secretary of the
California Public Safety Agency shall have the powers and duties
described in Chapter 2 (commencing with Section 12850).
(2) The California Public Safety Agency shall also include a
director of each department, office, authority, and personnel
described in subdivision (c).
(b) (1) On or before July 1, 2009, under the coordination of the
secretary, a director, commissioner, or head of a department or
personnel from each department, office, authority, and personnel
described in subdivision (c), or his or her designated
representative, shall be readily available to meet and develop
proposed internal organizational structures for the agency and
aligning align the funding mechanisms
that apply to the departments, offices, authorities, and personnel
described in subdivision (c).
(2) A director, commissioner, or head of a department or personnel
described in paragraph (1), or his or her designated representative,
shall take all available and necessary steps to minimize the costs
associated with the creation of the agency and the associated
realignment of departments, offices, authorities, and personnel
within the agency, including, but not limited to, the use of shared
state facilities, infrastructure, and services.
(c) On January 1, 2011, the California Public Safety Agency shall
consist of all of the following departments, offices, authorities,
and personnel:
(1) Department of the California Highway Patrol.
(2) Department of Forestry and Fire Protection, excluding
personnel involved in resource management and forestry services
related to timber.
(3) Emergency Medical Services Authority.
(4) Fire protection and suppression personnel that are employed
with all of the following:
(A) A community college district.
(B) Department of Corrections and Rehabilitation, including, but
not limited to, correctional firefighters and fire services training
specialists.
(C) State Department of Developmental Services.
(D) State Department of Mental Health.
(E) The Trustees of the California State University.
(5) Law enforcement personnel that are employed as all of the
following:
(A) Hospital police officers employed by the State Department of
Mental Health.
(B) Museum Security Officers.
(C) State Fair Police.
(6) Office of Emergency Services.
(7) Office of Homeland Security.
(8) Office of the State Fire Marshal.
(9) Office of Traffic Safety.
(10) All related and necessary support staff and functions for
those departments, offices, authorities, and personnel described in
paragraphs (1) to (9), inclusive.
SEC. 4. Section 13148 is added to the Health
and Safety Code, to read:
13148. The State Board of Fire Services shall exercise all
powers, perform all duties, and assume all responsibilities described
in Article 3 (commencing with Section 4125) of Chapter 1 of Part 2
of Division 4 of the Public Resources Code.
SEC. 5. Section 4002 of the Public Resources
Code is amended to read:
4002. Except as described in Section 4138, "board" means the
State Board of Forestry and Fire Protection.
SEC. 6. Section 4129 of the Public Resources
Code is amended to read:
4129. (a) The board of supervisors of a county may provide by
ordinance that the county elects to assume responsibility for the
prevention and suppression of all fires on all land in the county,
including lands within state responsibility areas when the Director
of Forestry and Fire Protection concurs in accordance with criteria
adopted by the State Board of Fire Services in the Office of the
State Fire Marshal, but not including lands owned or controlled by
the federal government or any agency of the federal government or
lands within the exterior boundaries of any city.
(b) After the effective date of the contract referred to in
Section 4133, the county shall exercise for the duration of the
contract all the duty, power, authority, and responsibility for the
prevention and suppression of all fires on all land in the county for
which the county is authorized by this section to elect to assume
responsibility.
SEC. 7. Section 4138 is added to the Public
Resources Code, to read:
4138. For purposes of this article, "board" means the State Board
of Fire Services in the Office of the State Fire Marshal as
described in Article 2 (commencing with Section 13140) of Chapter 1
of Part 2 of Division 12 of the Health and Safety Code.