AB 2384: Terrorist activity.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-09
Under existing law, terrorist activity is generally punishable under laws proscribing criminal conduct, including laws proscribing train wrecking, false reporting of bombs, improper possession or transport of explosives and hazardous materials, and possession or use of weapons of mass destruction, assault, and others.
Existing law also creates the Office of Emergency Services in the office of the Governor, with specified powers and duties relative to coordinating emergency services, including the coordination of the State Emergency Plan, as defined, and those programs necessary for the mitigation of the effects of an emergency in the state.
This bill would require the Office of Emergency Services, prior to January 1, 2018, to adopt a public education program to enhance the publics knowledge about how to identify and report suspected terrorist activity. The bill would require the office to post information about the program on its Internet Web site and to incorporate the program into relevant programs and trainings.
Under existing law, terrorist activity is generally punishable under laws proscribing criminal conduct, including laws proscribing train wrecking, false reporting of bombs, improper possession or transport of explosives and hazardous materials, and possession or use of weapons of mass destruction, assault, and others.
Existing law also creates the Office of Emergency Services in the office of the Governor, with specified powers and duties relative to coordinating emergency services, including the coordination of the State Emergency Plan, as defined, and those programs necessary for the mitigation of the effects of an emergency in the state.
This bill would require the Office of Emergency Services, prior to January 1, 2018, to adopt a public education program to enhance the publics knowledge about how to identify and report suspected terrorist activity. The bill would require the office to post information about the program on its Internet Web site and to incorporate the program into relevant programs and trainings.
Under existing law, terrorist activity is generally punishable under laws proscribing criminal conduct, including laws proscribing train wrecking, false reporting of bombs, improper possession or transport of explosives and hazardous materials, and possession or use of weapons of mass destruction, assault, and others.
Existing law also creates the Office of Emergency Services in the office of the Governor, with specified powers and duties relative to coordinating emergency services, including the coordination of the State Emergency Plan, as defined, and those programs necessary for the mitigation of the effects of an emergency in the state.
This bill would require the Office of Emergency Services, in the first update of the State Emergency Plan after January 1, 2017, to develop a plan to enhance the publics knowledge about how to identify and report terrorist activity. prior to January 1, 2018, to adopt a public education program to enhance the publics knowledge about how to identify and report suspected terrorist activity. The bill would require the office to post information about the program on its Internet Web site and to incorporate the program into relevant programs and trainings.
Under existing law, terrorist activity is generally punishable under laws proscribing criminal conduct, including laws proscribing train wrecking, false reporting of bombs, improper possession or transport of explosives and hazardous materials, and possession or use of weapons of mass destruction, assault, and others.
Existing law also creates the Office of Emergency Services in the office of the Governor, with specified powers and duties relative to coordinating emergency services. services, including the coordination of the State Emergency Plan, as defined, and those programs necessary for the mitigation of the effects of an emergency in the state.
This bill would require the Office of Emergency Services, if it creates a strategic plan or updates an existing strategic plan, in the first update of the State Emergency Plan after January 1, 2017, to develop a plan to enhance the publics knowledge about how to identify and report terrorist activity in the strategic plan or strategic plan update. activity.
Under existing law, terrorist activity is generally punishable under laws proscribing criminal conduct, including laws proscribing train wrecking, false reporting of bombs, improper possession or transport of explosives and hazardous materials, and possession or use of weapons of mass destruction, assault, and others.
Existing law also creates the Office of Emergency Services in the office of the Governor, with specified powers and duties relative to coordinating emergency services.
This bill would state the intent of the Legislature to enact legislation that would increase public awareness on how to report suspected terrorist activity. require the Office of Emergency Services, if it creates a strategic plan or updates an existing strategic plan, to develop a plan to enhance the publics knowledge about how to identify and report terrorist activity in the strategic plan or strategic plan update.
Under existing law, terrorist activity is generally punishable under laws proscribing criminal conduct, including laws proscribing train wrecking, false reporting of bombs, improper possession or transport of explosives and hazardous materials, and possession or use of weapons of mass destruction, assault, and others.
This bill would state the intent of the Legislature to enact legislation that would increase public awareness on how to report suspected terrorist activity.
(a)Prior to January 1, 2018, the office shall adopt a public education program to enhance the publics knowledge about how to identify and report suspected terrorist activity.
(b)(1)The office shall post information about the program on its Internet Web site.
(2)The office shall incorporate the program into relevant existing programs and trainings.
(a)Prior to January 1, 2018, the office shall adopt a public education program to enhance the publics knowledge about how to identify and report suspected terrorist activity.
(b)(1)The office shall post information about the program on its Internet Web site.
(2)The office shall incorporate the program into relevant existing programs and trainings.
In the first update of the State Emergency Plan after January 1, 2017, the office shall, in the State Emergency Plan, develop a plan to enhance the publics knowledge about how to identify and report terrorist activity.
8587.6.(a)Prior to January 1, 2018, the office shall adopt a public education program to enhance the publics knowledge about how to identify and report suspected terrorist activity.
(b)(1)The office shall post information about the program on its Internet Web site.
(2)The office shall incorporate the program into relevant existing programs and trainings.
If the office creates a strategic plan, or updates an existing strategic plan, In the first update of the State Emergency Plan after January 1, 2017, the office shall, in the strategic plan or strategic plan update, State Emergency Plan, develop a plan to enhance the publics knowledge about how to identify and report terrorist activity.
If the office creates a strategic plan, or updates an existing strategic plan, the office shall, in the strategic plan or strategic plan update, develop a plan to enhance the publics knowledge about how to identify and report terrorist activity.
SECTION 1.It is the intent of the Legislature to enact legislation that would increase public awareness on how to report suspected terrorist activity.
It is the intent of the Legislature to enact legislation that would increase public awareness on how to report suspected terrorist activity.
|
Date
|
Status
|
|---|---|
| May 19, 2016 | Referred to Com. on G.O. |
| Sep 9, 2016 | Chaptered by Secretary of State - Chapter 268, Statutes of 2016. |
| Sep 9, 2016 | Approved by the Governor. |
| Aug 26, 2016 | Enrolled and presented to the Governor at 4:30 p.m. |
| Aug 22, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6036.). |
| Aug 22, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 16, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77. |
| Aug 15, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). |
| Aug 15, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4967.). |
| Aug 15, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 2, 2016 | Read second time. Ordered to third reading. |
| Aug 1, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Jun 14, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 14). Re-referred to Com. on APPR. |
| Jun 6, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O. |
| Feb 18, 2016 | Read first time. To print. |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0.) |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4788.) |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 12, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 5, 2016 | Read second time. Ordered to Consent Calendar. |
| May 4, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 4). |
| Apr 21, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 20. Noes 0.) (April 20). Re-referred to Com. on APPR. |
| Apr 7, 2016 | Re-referred to Com. on G.O. |
| Apr 6, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended. |
| Mar 16, 2016 | Re-referred to Com. on G.O. |
| Mar 15, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended. |
| Mar 14, 2016 | Referred to Com. on G.O. |
| Feb 19, 2016 | From printer. May be heard in committee March 20. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 22, 2016 | AB 2384 GALLAGHER Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 15, 2016 | Assembly 3rd Reading AB2384 Gallagher By Fuller | Senate Floor |
Passed |
|
| Jun 14, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Governmental Organization |
Passed |
|
| May 12, 2016 | AB 2384 GALLAGHER Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 4, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 20, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association Of California Life & Health Insurance Companies | * Against | Jun 27, 2018 |
| California Chronic Care Coalition | * Support | Jun 27, 2018 |
| California Division of American Academy of Pediatrics | * Support | Jun 27, 2018 |
| California Drug Policy Alliance | * Support | Jun 27, 2018 |
| California Medical Association | * Support | Jun 27, 2018 |
| Disability Rights Califonia | * Support | Jun 27, 2018 |
| Health Med | * Against | Jun 27, 2018 |
| The Western Center on Law and Poverty | * Support | Jun 27, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2384
Author:(Gallagher)
As Amended Ver:June 6, 2016
Majority vote
ASSEMBLY: |
| (May 12, 2016) | SENATE: | 38-0 | (August 15, 2016) |
(Vote not relevant)
Original Committee Reference: G.O.
SUMMARY: Requires the Office of Emergency Services (CalOES) to adopt a public education program to enhance the public’s knowledge about how to identify and report suspected terrorist activity.
The Senate amendments delete the Assembly version of the bill, and instead:
- Require CalOES prior to January 1, 2018, to adopt a public education program to enhance the public's knowledge about how to identify and report suspected terrorist activity.
- Require CalOES to post information about the program on its Internet Web site.
- Require CalOES incorporate the program into relevant existing programs and trainings.
AS PASSED BY THE ASSEMBLY, this bill would have required 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:
- Establishes the CalOES by the Governor's Reorganization Plan No. 2, operative July 1, 2013.
- Requires CalOES to perform a variety of duties with respect to specified emergency preparedness, mitigation, and response activities in the state, including emergency medical services.
- Specifies that the State Emergency Plan (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.
- Requires the Governor to coordinate SEP and those programs necessary to mitigate the effects of an emergency.
- 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.
- Specifies that the Governor may, in accordance with SEP, authorize programs for the mitigation of the effects of an emergency, as specified.
- 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 people with disabilities and others with access and functional needs, during an emergency or natural disaster.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, this bill will have negligible state costs.
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. This bill is a step in the right direction for increasing public awareness by requiring CalOES, in their next SEP 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 Office of Homeland Security (OHS) into the newly- created California Emergency Management Agency (Cal EMA). On July 1, 2013, Governor Edmund G. Brown Jr.'s Reorganization Plan No. 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.
"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 United States 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.
- 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%) described traditional criminal activity, such as someone brandishing a gun or breaking into a car. Only a small portion (5%) 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.
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.
Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531 FN: 0003785
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2384
:
SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 6/14/16
AYES: Hall, Bates, Block, Gaines, Galgiani, Glazer, Hernandez, Hill, Hueso, Lara, McGuire, Vidak
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for vote
DIGEST: This bill requires the Office of Emergency Services (OES), prior to January 1, 2018, to adopt a public education program to enhance the public’s knowledge about how to identify and report suspected terrorist activity.
ANALYSIS:
Existing law:
- Creates OES in the office of the Governor, with specified powers and duties relative to coordinating emergency services, including the coordination of the State Emergency Plan, as defined, and those programs necessary for the mitigation of the effects of an emergency in the state.
- Specifies that terrorist activity is generally punishable under laws proscribing criminal conduct, including laws proscribing train wrecking, false reporting of bombs, improper possession or transport of explosives and hazardous materials, and possession or use of weapons of mass destruction, assault, and others.
This bill:
- Requires OES, prior to January 1, 2018, to adopt a public education program to enhance the public’s knowledge about how to identify and report suspected terrorist activity.
- Requires OES to post information about the program on its Internet Web site.
- Requires OES to incorporate the program into relevant existing programs and trainings.
Background
Purpose of the bill. According to the author, “California is the most populous state in the nation, housing 12% of the U.S. population. It also is home to many top terrorist targets like LAX, ports, the Golden Gate Bridge, and Disneyland. It is therefore imperative for Californians to be able to easily identify and report suspicious activity. This is especially important as most domestic terrorist attacks in recent years have been the work of lone wolves who act without official coordination from overseas terrorist organizations. California residents are frequently the best line of defense to prevent such attacks.”
Reporting suspicious activity. A 2012 study by the International Association of Chiefs of Police and the Department of Homeland Security, 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. Approximately 36 percent described traditional criminal activity, such as someone brandishing a gun or breaking into a car. Only about five 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.
Prior/Related Legislation
AB 1346 (Gray, 2016) requires OES to update the State Emergency Plan on or before January 1, 2018, and every five years thereafter. (Pending in Senate Appropriations Committee)
AB 918 (Cooley, Chapter 287, Statutes of 2013) required OES, on or before July 31, 2015, to update the State Emergency Plan to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs during an emergency or natural disaster.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
None received
None received
ASSEMBLY FLOOR: 78-0, 5/12/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Burke, Jones-Sawyer
8/3/16 18:40:28
**** END ****
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: 2384 Hearing Date: 6/14/2016
Author: | |||
Version: | 6/6/2016 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Felipe Lopez | ||
SUBJECT: Terrorist activity
DIGEST: This bill requires the Office of Emergency Services (OES), prior to January 1, 2018, to adopt a public education program to enhance the public’s knowledge about how to identify and report suspected terrorist activity.
ANALYSIS:
Existing law:
- Creates OES in the office of the Governor, with specified powers and duties relative to coordinating emergency services, including the coordination of the State Emergency Plan, as defined, and those programs necessary for the mitigation of the effects of an emergency in the state.
- Specifies that terrorist activity is generally punishable under laws proscribing criminal conduct, including laws proscribing train wrecking, false reporting of bombs, improper possession or transport of explosives and hazardous materials, and possession or use of weapons of mass destruction, assault, and others.
This bill:
- Requires OES, prior to January 1, 2018, to adopt a public education program to enhance the public’s knowledge about how to identify and report suspected terrorist activity.
- Requires OES to post information about the program on its Internet Web site.
- Requires OES to incorporate the program into relevant existing programs and trainings.
Background
Purpose of the bill. According to the author, “California is the most populous state in the nation, housing 12% of the U.S. population. It also is home to many top terrorist targets like LAX, ports, the Golden Gate Bridge, and Disneyland. It is therefore imperative for Californians to be able to easily identify and report suspicious activity. This is especially important as most domestic terrorist attacks in recent years have been the work of lone wolves who act without official coordination form overseas terrorist organizations. California residents are frequently the best line of defense to prevent such attacks. For example, in the recent attack in San Bernardino, neighbors of Syed Farook and Tashfeen Malik noticed suspicious activity but failed to report it. ”
Reporting suspicious activity. A 2012 study by the International Association of Chiefs of Police and the Department of Homeland Security (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. Approximately 36 percent described traditional criminal activity, such as someone brandishing a gun or breaking into a car. Only about five 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.
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, 2016) requires OES to update the State Emergency Plan on or before January 1, 2018, and every five years thereafter. (Pending in Senate Governmental Organization Committee)
AB 918 (Cooley, Chapter 287, Statutes of 2013) required OES, on or before July 31, 2015, to update the State Emergency Plan to include proposed best practices for local governments and nongovernmental entities to use to mobilize and evacuate people with disabilities and others with access and functional needs during an emergency or natural disaster.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
SUPPORT:
None received
OPPOSITION:
None received
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2384
Author:(Gallagher) – As Amended Ver:April 6, 2016
Policy Committee: | Governmental Organization | Vote: | 20 - 0 |
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Office of Emergency Services (CalOES), in the first update of the State Emergency Plan (SEP) after January 1, 2017, to develop a plan to enhance the public’s knowledge about how to identify and report terrorist activity.
FISCAL EFFECT:
Minor and absorbable costs to CalOES.
COMMENTS:
- Purpose. According to the author, AB 2384 will help enhance the public’s knowledge about how to identify and report suspicious activity in order to maintain community safety.
- 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.
- SEP. 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 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.
- Related legislation. AB 1346 (Gray) in 2015 would require CalOES to update the SEP 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.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
ABPCA Bill Id:AB 2384 (
Author:Gallagher) – As Amended Ver: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.
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 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 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.
- 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.
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
Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531
Discussed in Hearing
Senate Standing Committee on Health
Assembly Floor
Senate Floor
Senate Standing Committee on Governmental Organization
Bill Author
Bill Co-Author(s):