Header:
CALIFORNIA CODES ANNOTATED
GOVERNMENT CODE
Title 2. Government of the State of California
Division 1. General
Chapter 7. California Emergency Services Act
Article 5. California Emergency Management Agency
Date:
08/31/2009
Document:
Cal Gov Code § 8585 (2011)
§ 8585. California Emergency Management Agency established; Secretary of Emergency Management; Construction; Transfer of powers; Access to criminal intelligence information; Responsibility for the state's emergency and disaster response services
(a)
(1) There is in state government, the California Emergency Management Agency. The California Emergency Management Agency shall be under the supervision of the Secretary of the Emergency ManagementAgency, who shall have all rights and powers of a head of an agency as provided by this code, and shall be referred to as the Secretary of Emergency Management.
(2) Unless the context clearly requires otherwise, whenever the term "Office of Emergency Services" appears in any statute, regulation, or contract, it shall be construed to refer to the California Emergency Management Agency, and whenever the term "Director of Emergency Services" or the "Director of the Office of Emergency Services" appears in statute, regulation, or contract, it shall be construed to refer to the Secretary of Emergency Management.
(3) Unless the context clearly requires otherwise, whenever the term "Director of Homeland Security" or "Office of Homeland Security" appears in any statute, regulation, or contract, it shall be construed to refer to the California Emergency Management Agency, and whenever the term "Director of Homeland Security" or "Director of the Office of Homeland Security" appears in any statute, regulation, or contract, it shall be construed to refer to the Secretary of Emergency Management.
(b)
(1) The California Emergency Management Agency and the Secretary of Emergency Management succeed to and are vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in the Office of Emergency Services and the Director of the Office of Emergency Services, respectively.
(2) The California Emergency Management Agency and the Secretary of Emergency Management succeed to and are vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in the Office of Homeland Security and the Director of Homeland Security, respectively.
(c) The California Emergency Management Agency shall be considered a law enforcement organization as required for receipt of criminal intelligence information pursuant to subdivision (f) of Section 6254 of the Government Code by persons employed within the agency whose duties and responsibilities require the authority to access criminal intelligence information.
(d) Persons employed by the California Emergency Management Agency whose duties and responsibilities require the authority to access criminal intelligence information shall be furnished state summary criminal history information as described in Section 11105 of the Penal Code, if needed in the course of their duties.
(e) The California Emergency Management Agency shall be responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.
(f) Notwithstanding any other provision of law, nothing in this section shall authorize an employee of the California Emergency Management Agency to access criminal intelligence information under subdivision (c) or (d) for the purpose of determining eligibility for, or providing access to, disaster-related assistance and services.
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