California SB 1095

Existing law, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or human-caused 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. This bill would prohibit a law enforcement agency from participating in activity, cooperating, or disclosing or sharing information with a fusion center unless the elected governing body or council of the law enforcement agency, or governing board if no elected body exists, has entered into a written memorandum of understanding (MOU) with the fusion center. The bill would define "fusion center" to mean a state-owned center operated by the Office of Emergency Services or operated by an executive board consisting of local, state, and federal members, that gathers, analyses, and shares information. The bill would require the MOU to provide, among other things, that information shall not be shared with an individual employed by or contracting with a federal immigration enforcement agency or for immigration enforcement purposes, except pursuant to a judicial warrant, and that a violation of its terms shall result in the termination of the MOU and the withdrawal of the law enforcement agency from participation in the fusion center, as provided. The bill would also require the local governing body or council, or the law enforcement agency if no governing body or council exists, to publicly post a signed copy of the MOU on its internet website. By imposing additional duties on local governments with respect to fusion centers, this bill would create a state-mandated local program. This bill would, commencing January 1, 2029, and every 4 years thereafter, require the Department of Justice to conduct a performance and compliance audit of a representative sample of law enforcement agencies and fusion centers that includes any law enforcement agency that has had its MOU terminated, and submit that audit to the Legislature, as provided. This bill would authorize state elected officials and their accompanying staff to enter any fusion center for inspections, with 24 hours prior notice, as provided. This bill would, starting on January 1, 2028, and each year thereafter, require every fusion center in California to submit a report to the Department of Justice that includes specified information, including, among other things, any policies and standards for the use and retention of data gathered, processed, or analyzed by the fusion center and detailed procedures for requesting and conducting site visits requested by elected officials and their staff. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.