BILL ANALYSIS Ó
AB 2384
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Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
AB 2384
(Gallagher) - As Amended April 6, 2016
SUBJECT: Terrorist activity
SUMMARY: Requires the Office of Emergency Services (CalOES), in
the first update of the State Emergency Plan after January 1,
2017, to develop a plan to enhance the public's knowledge about
how to identify and report terrorist activity.
EXISTING LAW:
1) Establishes the CalOES by the Governor's Reorganization Plan
No. 2, operative July 1, 2013.
2) Requires Cal OES to perform a variety of duties with respect
to specified emergency preparedness, mitigation, and response
activities in the state, including emergency medical services.
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3) Specifies that the SEP shall be in effect in each political
subdivision of the state, and the governing body of each
political subdivision shall take such action as may be
necessary to carry out the provisions thereof.
4) Requires the Governor to coordinate SEP and those programs
necessary to mitigate the effects of an emergency.
5) Requires the Governor to coordinate the preparation of plans
and programs for the mitigation of the effects of an emergency
by the political subdivisions of the State of California, such
plans and programs to be integrated into and coordinated with
SEP and the plans and programs of the federal government and
of other states to the fullest possible extent.
6) Specifies that the Governor may, in accordance with SEP,
authorize programs for the mitigation of the effects of an
emergency, as specified.
7) Requires CalOES to update SEP, on or before January 1, 2015,
to include proposed best practices for local governments and
nongovernmental entities to use to mobilize and evacuate
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people with disabilities and others with access and functional
needs, during an emergency or natural disaster.
FISCAL EFFECT: Unknown
COMMENTS:
Purpose of the bill : According to the author, communities that
are alert and informed have a large impact on maintaining safety
in our nation and are the best defense for preventing terrorist
incidents. We need to make sure that if someone sees something,
they say something. AB 2384 is a step in the right direction
for increasing public awareness by requiring CalOES, in their
next State Emergency Plan update, to develop a plan to enhance
the public's knowledge about how to identify and report
suspicious activity.
Background : In 2009, the California Legislature merged the
powers, purposes, and responsibilities of the former OES with
those of OHS into the newly- created California Emergency
Management Agency (Cal EMA).On July 1, 2013, Governor Edmund G.
Brown Jr.'s Reorganization Plan #2 eliminated Cal EMA and
restored it to the Governor's Office, renaming it the California
Governor's Office of Emergency Services (CalOES), and merging it
with the Office of Public Safety Communications. Today, CalOES
is responsible for overseeing and coordinating emergency
preparedness, response, recovery and homeland security
activities within the state.
State Emergency Plan : The SEP addresses the state's response to
extraordinary emergency situations associated with natural
disasters or human-caused emergencies. In accordance with the
California Emergency Services Act, the plan describes the
methods for carrying out emergency operations, the process for
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rendering mutual aid, the emergency services of governmental
agencies, how resources are mobilized, how the public will be
informed and the process to ensure continuity of government
during and emergency or disaster.
The plan is a management document intended to be read and
understood before an emergency occurs. It is designed to
outline the activities of all California jurisdictions within a
statewide emergency management system and it embraces the
capabilities and resources in the broader emergency management
community that includes individuals, businesses,
non-governmental organizations, tribal governments, other
states, federal government and international assistance.
"See Something, Say Something" : In July 2010, the Department of
Homeland Security (DHS) started the "If you See Something, Say
Something" campaign to raise public awareness of the indicators
of terrorism.
DHS launched the campaign in conjunction with the U.S.
Department of Justice's Nationwide Suspicious Activity Reporting
Initiative (NSI), with the goal of training state and local law
enforcement to recognize behaviors and indicators of terrorism
and terrorism-related crime. The NSI standardizes how these
observations are documented and analyzed and ensures that
reports are shared with the Federal Bureau of Investigation
(FBI)-led Joint Terrorism Task Forces for investigation and with
state Fusion Centers for analysis.
According to the DHS website, suspicious activity is any
observed behavior that could indicate terrorism or
terrorism-related crime. This includes, but is not limited to:
Unusual items or situations: A vehicle is parked in an
odd location, a package/luggage is unattended, a
window/door is open that is usually closed, or other
out-of-the-ordinary situations occur.
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Eliciting information: A person questions individuals at
a level beyond curiosity about a building's purpose,
operations, security procedures and/or personnel, shift
changes, etc.
Observation/surveillance: Someone pays unusual attention
to facilities or buildings beyond a casual or professional
interest. This includes extended loitering without
explanation (particularly in concealed locations); unusual,
repeated, and/or prolonged observation of a building (e.g.,
with binoculars or video camera); taking notes or
measurements; counting paces; sketching floor plans, etc.
Reporting suspicious activity : A 2012 study by the International
Association of Chiefs of Police and DHS, titled: "Improving the
Public's Awareness and Reporting of Suspicious Activity", found
that many people do not report suspicious activity because they
fear retaliation, incorrect reporting, or think it is not a
worthwhile use of police resources.
The study also found the public's definition of suspicious
activity differs from law enforcement's definition. Participants
tended to define suspicious activity as something out of the
ordinary or out of place considering the location. In many
cases, people gave their everyday environment as a normal
setting where any deviation would set off an internal
trigger-e.g., unknown people or cars loitering in their
neighborhood or near their workplaces, particularly late at
night. More than one in three survey respondents (36 percent)
described traditional criminal activity, such as someone
brandishing a gun or breaking into a car. Only a small portion
(5 percent) described activities that may be indicative of
terrorism. Urban and suburban respondents were more likely than
rural respondents to mention an activity that may lead to a
terrorist act.
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The study makes several recommendations to increase
underreporting and overall understanding of suspicious activity.
Those recommendations include: 1) Local law enforcement and
community organizations should promote public involvement in
identifying and reporting suspicious activities through outreach
efforts and campaigns; 2) Public education efforts should
provide community members with a better understanding of what
suspicious activity entails; 3) Educating the public about what
behaviors to be aware of is essential to effective reporting;
and 4) Law enforcement should advertise clear and concise
methods by which people can report suspicious activity.
Prior/Related legislation : AB 1346 (Gray) of 2015/2016 Session.
Would require CalOES to update the State Emergency Plan on or
before January 1, 2018, and every 5 years thereafter, and would
require the plan to be consistent with specified state climate
adaptation strategies. AB 1346 is pending hearing in the Senate
Governmental Organizations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
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Analysis Prepared by:Kenton Stanhope / G.O. / (916) 319-2531