BILL ANALYSIS
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THIRD READING
Bill No: SB 1015
Author: Romero (D), et al
Amended: 8/30/05
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 4-0, 8/16/05
AYES: Alquist, Poochigian, Migden, Romero
NO VOTE RECORDED: Cedillo, Margett, Perata
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Office of Homeland Security
SOURCE : The Administration
DIGEST : This bill requires the Attorney General to
furnish specified criminal information to the Office of
Homeland Security (OHS) and classifies the OHS a class II
criminal justice agency in order to access the California
Law Enforcement Telecommunications System. These
provisions sunset on January 1, 2007.
ANALYSIS : Existing law provides that the Governor shall
appoint, to serve at his/her pleasure, an executive officer
who shall be Director of OHS. The Director of OHS shall be
in charge of homeland security and shall be the state
coordinator of all homeland security activities, including,
but not limited to, homeland security strategy, information
analysis related to terrorism, and protection of critical
infrastructure from terrorism. The Governor shall also
CONTINUED
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appoint one deputy director of homeland security who shall
serve at the pleasure of the director. [Section 12016 of
the Government Code]
Existing law requires that the Department of Justice (DOJ)
maintain state summary criminal history information and
make that information available to specified persons.
[Section 11105-11105.4 of the Penal Code]
This bill requires that the Attorney General shall furnish
state summary criminal history information to persons
employed within the OHS whose duties and responsibilities
require the authority to access criminal history and other
criminal intelligence information, and who have been
cleared to do so by both the DOJ and the United States
Department of Homeland Security, as specified.
This bill also adds to law that OHS is considered a law
enforcement organization as required for receipt of
confidential intelligence information, as specified, and
OHS is considered a class II criminal justice agency for
the purpose of access to the California Law Enforcement
Telecommunications System.
The above provisions sunset on January 1, 2007.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/30/05)
The Administration (source)
California State Sheriffs' Association
Sheriff, San Bernardino County
ARGUMENTS IN SUPPORT : The author's office indicates:
"The Governor's Office of Homeland Security (OHS) was
established on February 7, 2003, by Executive Order
D-67-03. The Office is responsible for coordinating
homeland security activities throughout California and
serves as the Governor's chief advisor on all homeland
security related issues.
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"OHS functions are divided into six divisions, each of
which is headed by a deputy director, aided by an
assistant deputy.
- Information Analysis;
- Critical Infrastructure Protection;
- Local, External and Legislative Affairs;
- Grants Management;
- Planning, Research and Emergency Preparedness;
- Training and Exercises
"OHS has made real progress in its efforts to secure
California from terrorist attacks. Regional Terrorism
Threat Assessment Centers have been established across
the state. A State Terrorism Threat Assessment Center
has been created in conjunction with the California
Highway Patrol and the Department of Justice.
Organizations from federal, state, and local levels
have participated in statewide training exercises.
Furthermore, representatives from OHS have been working
to evaluate and harden critical infrastructure across
California."
RJG:mel 8/30/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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