BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 888|
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UNFINISHED BUSINESS
Bill No: SB 888
Author: Dunn (D), et al
Amended: 8/23/04
Vote: 21
PRIOR SENATE VOTES NOT AVAILABLE
ASSEMBLY FLOOR : Not available
SUBJECT : Employment: homeland security
SOURCE : Author
DIGEST : This bill prohibits the performance of any work
involving information that is essential to homeland
security at a work site outside of the United States.
Assembly Amendments delete the prior version. As it left
the Senate, the bill enacted the "Repeal of Electricity
Deregulation Act of 2003".
ANALYSIS : Existing law, by executive order of the
Governor, establishes the Office of Homeland Security.
This bill prohibits the performance of any work involving
information that is essential to homeland security at a
work site outside of the United States (U.S.).
Specifically, this bill:
1.Prohibits any work involving information that is
essential to homeland security from being performed at a
CONTINUED
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work site outside of the U.S., unless the expertise
necessary to perform the work is unavailable in the U.S.
2.Defines "information essential to homeland security" as
either of the following:
A. Information necessary to enhance the capability of
state and local jurisdictions to prepare for and
respond to terrorist acts, including, but not limited
to, acts of terrorism involving weapons of mass
destruction and nuclear, radiological, incendiary,
chemical, and explosive devices.
B. Information relating to physical and information
infrastructures, including, but not limited to, the
telecommunications, energy, water, and transportation
sectors.
3.Provides that the prohibition does not apply to parts or
materials manufactured outside of the United States that
are necessary to perform work involving information that
is essential to homeland security.
4.Requires the Office of Homeland Security to adopt
regulations necessary to implement these provisions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/23/04) (per Assembly Labor and
Employment Committee analysis)
American Federation of State, County and Municipal
Employees
California Labor Federation, AFL-CIO
California School Employees Association
International Longshore & Warehouse Union
Ship Clerk's Association, Local 34
OPPOSITION : (Verified 6/23/04) (per Assembly Labor and
Employment Committee analysis)
America's Health Insurance Plans
Association of California Life and Health Insurance
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Companies
California Healthcare Association
ARGUMENTS IN SUPPORT : According to the author's office,
recent media reports about sensitive and private
information being offshored raise serious concerns about
how to best enforce our state's privacy and security
protections in today's global economy.
According to the author's office, since September 11, 2001,
we have become increasingly concerned with protecting our
state from terrorist attack. At a time when we are
spending hundreds of millions of federal and state dollars
to protect our dams, bridges, roadways and other
infrastructure, it seems foolish to be allowing engineering
schematics relating to the state's electricity grid to be
worked on overseas. Recently, a container exploded at the
Port of Los Angeles after being inspected at an offshore
site. More and more, containers are not being inspected
for their contents once they enter a California port. This
puts the health and safety of port workers as well as the
public at large at risk.
Similarly, the California Labor Federation, AFL-CIO
contends that in these times where we experience the threat
of terrorist attacks, Californians should not have to
compromise their security simply because businesses are
looking for a cheaper bottom line.
The International Longshore and Warehouse Union, AFL-CIO
(ILWU) argues that prior to September 11, 2001, ILWU marine
clerks verified the manifest of cargo containers in
California and elsewhere on the West Coast. The clerks
also inspected every empty container that came to port.
The ILWU contends that, ironically, since September 11th
this no longer happens with any regularity. This bill will
ensure that work related to homeland security at our
California ports will be performed in the U.S. instead of a
foreign country.
ARGUMENTS IN OPPOSITION : Opponents argue that the
broadly worded language of this bill will interfere with
important and legitimate international trade and commerce.
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NC:cm 8/25/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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