BILL NUMBER: AB 2306	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 24, 2012

   An act to amend Section 8558 of the Government Code, relating to
emergency services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2306, as introduced, Donnelly. California Emergency Services
Act: border security.
   Existing law, the California Emergency Services Act, authorizes
the Governor to declare a state of emergency, and local officials and
local governments to declare a local emergency, when specified
conditions of disaster or extreme peril to the safety of persons and
property exist. Existing law authorizes the Governor, upon
declaration of a state of emergency, to exercise broad powers,
including, among others, to use and employ any of the property,
services, and resources of the state to respond to the emergency, to
suspend certain statutes or regulations, and to commandeer private
property or personnel.
   This bill would add border security to the list of those
conditions that would constitute a state of emergency or local
emergency for purposes of the California Emergency Services Act.
   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.  Section 8558 of the Government Code is amended to read:

   8558.  Three conditions or degrees of emergency are established by
this chapter:
   (a) "State of war emergency" means the condition which exists
immediately, with or without a proclamation thereof by the Governor,
whenever this state or nation is attacked by an enemy of the United
States, or upon receipt by the state of a warning from the federal
government indicating that such an enemy attack is probable or
imminent.
   (b) "State of emergency" means the duly proclaimed existence of
conditions of disaster or of extreme peril to the safety of persons
and property within the state caused by such conditions as air
pollution, fire, flood, storm, epidemic, riot, drought, sudden and
severe energy shortage, plant or animal infestation or disease, the
Governor's warning of an earthquake or volcanic prediction, or an
earthquake,  border security,  or other conditions, other
than conditions resulting from a labor controversy or conditions
causing a "state of war emergency," which, by reason of their
magnitude, are or are likely to be beyond the control of the
services, personnel, equipment, and facilities of any single county,
city and county, or city and require the combined forces of a mutual
aid region or regions to combat, or with respect to regulated energy
utilities, a sudden and severe energy shortage requires extraordinary
measures beyond the authority vested in the California Public
Utilities Commission.
   (c) "Local emergency" means the duly proclaimed existence of
conditions of disaster or of extreme peril to the safety of persons
and property within the territorial limits of a county, city and
county, or city, caused by such conditions as air pollution, fire,
flood, storm, epidemic, riot, drought, sudden and severe energy
shortage, plant or animal infestation or disease, the Governor's
warning of an earthquake or volcanic prediction, or an earthquake,
 border security,  or other conditions, other than
conditions resulting from a labor controversy, which are or are
likely to be beyond the control of the services, personnel,
equipment, and facilities of that political subdivision and require
the combined forces of other political subdivisions to combat, or
with respect to regulated energy utilities, a sudden and severe
energy shortage requires extraordinary measures beyond the authority
vested in the California Public Utilities Commission.