CA Emergency Services Act

Per the meeting yesterday, I promised to post my outline and links to the relevant parts of the CA Emergency Services Act used to provide legal cover for this immoral lockdown. Note it is clear we are experiencing a situation of gross governmental overreach. Illegal and undemocratic putting the government in a serious position of financial and legal liability.

Who knows if they will ever be held accountable.

Michael Denny
Libertarian Party of San Francisco
No On Prop A
https://badsfbonds.blogspot.com/
www.DennyForMayor.com<http://www.dennyformayor.com/>
www.LPSF.org<http://www.lpsf.org/>
(415) 608-0269
mike@Dennz.com<mailto:mike@Dennz.com>

2018 California Code
Government Code - GOV
TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA
DIVISION 1 - GENERAL
CHAPTER 7 - California Emergency Services Act

  * ARTICLE 1 - Purpose<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-1/index.html> 8550-8551
  * ARTICLE 2 - General Definitions<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-2/index.html> 8555-8561
  * ARTICLE 3 - Powers of the Governor<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3/index.html> 8565-8574
  * ARTICLE 3.5 - Oil Spills<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3.5/index.html> 8574.1-8574.8
  * ARTICLE 3.7 - Toxic Disasters<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3.7/index.html> 8574.16-8574.18
  * ARTICLE 3.8 - Hazardous Substances Emergency Response Training<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3.8/index.html> 8574.19-8574.22
  * ARTICLE 3.9 - Regional Railroad Accident Preparedness and Immediate Response<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3.9/index.html> 8574.30-8574.48
  * ARTICLE 4 - California Emergency Council<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-4/index.html> 8575
  * ARTICLE 4.5 - Urban Heavy Rescue Act<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-4.5/index.html> 8584-8584.1
  * ARTICLE 5 - Office of Emergency Services<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-5/index.html> 8585-8589.7
  * ARTICLE 5.5 - State Assistance for Fire Equipment Act<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-5.5/index.html> 8589.8-8589.21
  * ARTICLE 5.7 - Firefighting Thermal Imaging Equipment Act of 2001<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-5.7/index.html> 8590-8590.4
  * ARTICLE 5.9 - Human Trafficking Victims Assistance<https://law.justia…com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-5.9/index.html> 8590.6-8590.7
  * ARTICLE 6 - Advisory Committees<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-6/index.html> 8591
  * ARTICLE 6.2 - Public Safety Communication Act of 2002<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-6.2/index.html> 8592-8592.9
  * ARTICLE 6.4 - Cybersecurity<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-6.4/index.html> 8592.30-8592.45
  * ARTICLE 6.5 - Accessibility to Emergency Information and Services<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-6.5/index.html> 8593-8594.16
  * ARTICLE 7 - Other State Agencies<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-7/index.html> 8595-8598
  * ARTICLE 7.5 - Statewide Natural Disaster Volunteer Corps Program<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-7.5/index.html> 8599-8599.2
  * ARTICLE 8 - Mutual Aid Regions<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-8/index.html> 8600
  * ARTICLE 9 - Operational Areas<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-9/index.html> 8605
  * ARTICLE 9.5 - Disaster Preparedness<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-9.5/index.html> 8607-8608
  * ARTICLE 9.8 - Disaster Preparedness<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-9.8/index.html> 8609-8609.1
  * ARTICLE 10 - Local Disaster Councils<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-10/index.html> 8610-8614
  * ARTICLE 11 - Mutual Aid<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-11/index.html> 8615-8619.5
  * ARTICLE 12 - State of War Emergency<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-12/index.html> 8620-8624
  * ARTICLE 13 - State of Emergency<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-13/index.html> 8625-8629
  * ARTICLE 14 - Local Emergency<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-14/index.html> 8630-8634
  * ARTICLE 15 - Preservation of Local Government<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-15/index.html> 8635-8644
  * ARTICLE 16 - General Fiscal Provisions<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-16/index.html> 8645-8654.1
  * ARTICLE 17 - Privileges and Immunities<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-17/index.html> 8655-8660
  * ARTICLE 18 - Political Activity<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-18/index.html> 8661
  * ARTICLE 19 - Penalties and Severability<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-19/index.html> 8665-8666
  * ARTICLE 20 - Effect Upon Existing Matters<https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-20/index.html> 8668

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/

Universal Citation: CA Govt Code § 8550 (2018)<https://law.justia.com/citations.html>
8550.
The state has long recognized its responsibility to mitigate the effects of natural, manmade, or war-caused emergencies that result in conditions of disaster or in extreme peril to life, property, and the resources of the state, and generally to protect the health and safety and preserve the lives and property of the people of the state. To ensure that preparations within the state will be adequate to deal with such emergencies, it is hereby found and declared to be necessary:
(a) To confer upon the Governor and upon the chief executives and governing bodies of political subdivisions of this state the emergency powers provided herein; and to provide for state assistance in the organization and maintenance of the emergency programs of such political subdivisions.
(b) To provide for a state office to be known and referred to as the Office of Emergency Services, within the office of the Governor, and to prescribe the powers and duties of the director of that office.
(c) To provide for the assignment of functions to state entities to be performed during an emergency and for the coordination and direction of the emergency actions of those entities.
(d) To provide for the rendering of mutual aid by the state government and all its departments and agencies and by the political subdivisions of this state in carrying out the purposes of this chapter.
(e) To authorize the establishment of such organizations and the taking of such actions as are necessary and proper to carry out the provisions of this chapter.
It is further declared to be the purpose of this chapter and the policy of this state that all emergency services functions of this state be coordinated as far as possible with the comparable functions of its political subdivisions, of the federal government including its various departments and agencies, of other states, and of private agencies of every type, to the end that the most effective use may be made of all manpower, resources, and facilities for dealing with any emergency that may occur.
(Amended by Stats. 2013, Ch. 352, Sec. 111. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-1/section-8550/

Universal Citation: CA Govt Code § 8558 (2018)<https://law.justia.com/citations.html>

(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 conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, 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 conditions such as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, 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.

(Amended by Stats. 2018, Ch. 557, Sec. 1. (SB 532) Effective January 1, 2019.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-2/section-8558/

Universal Citation: CA Govt Code § 8560 (2018)<https://law.justia.com/citations.html>
8560.
(a) "Emergency plans" means those official and approved documents which describe the principles and methods to be applied in carrying out emergency operations or rendering mutual aid during emergencies. These plans include such elements as continuity of government, the emergency services of governmental agencies, mobilization of resources, mutual aid, and public information.
(b) "State Emergency Plan" means the State of California Emergency Plan as approved by the Governor.
(Added by Stats. 1970, Ch. 1454.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-2/section-8560/

Universal Citation: CA Govt Code § 8565 (2018)<https://law.justia.com/citations.html>
8565.
The Governor shall have the powers granted by this article, which powers shall be in addition to any other powers granted to him by this chapter.
(Added by Stats. 1970, Ch. 1454.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3/section-8565/

Universal Citation: CA Govt Code § 8566 (2018)<https://law.justia.com/citations.html>
8566.
The Governor is empowered to expend any appropriation for support of the California Emergency Services Act to carry out the provisions of this chapter..
(Added by Stats. 1970, Ch. 1454.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3/section-8566/

Universal Citation: CA Govt Code § 8567 (2018)<https://law.justia.com/citations.html>
8567.
(a) The Governor may make, amend, and rescind orders and regulations necessary to carry out the provisions of this chapter. The orders and regulations shall have the force and effect of law. Due consideration shall be given to the plans of the federal government in preparing the orders and regulations. The Governor shall cause widespread publicity and notice to be given to all such orders and regulations, or amendments or rescissions thereof.
(b) Orders and regulations, or amendments or rescissions thereof, issued during a state of war emergency or state of emergency shall be in writing and shall take effect immediately upon their issuance. Whenever the state of war emergency or state of emergency has been terminated, the orders and regulations shall be of no further force or effect.
(c) All orders and regulations relating to the use of funds pursuant to Article 16 (commencing with Section 8645) shall be prepared in advance of any commitment or expenditure of the funds. Other orders and regulations needed to carry out the provisions of this chapter shall, whenever practicable, be prepared in advance of a state of war emergency or state of emergency.
(d) All orders and regulations made in advance of a state of war emergency or state of emergency shall be in writing, shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. As soon thereafter as possible they shall be filed in the office of the Secretary of State and with the county clerk of each county.
(Amended by Stats. 2011, Ch. 36, Sec. 4. (SB 92) Effective June 30, 2011. Operative January 1, 2012, by Sec. 83 of Ch. 36.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3/section-8567/

Universal Citation: CA Govt Code § 8570 (2018)<https://law.justia.com/citations.html>
8570.
The Governor may, in accordance with the State Emergency Plan and programs for the mitigation of the effects of an emergency in this state:
(a) Ascertain the requirements of the state or its political subdivisions for food, clothing, and other necessities of life in the event of an emergency.
(b) Plan for, procure, and pre-position supplies, medicines, materials, and equipment.
(c) Use and employ any of the property, services, and resources of the state as necessary to carry out the purposes of this chapter.
(d) Provide for the approval of local emergency plans.
(e) Provide for mobile support units.
(f) Provide for use of public airports.
(g) Institute training programs and public information programs.
(h) Make surveys of the industries, resources, and facilities, both public and private, within the state, as are necessary to carry out the purposes of this chapter.
(i) Plan for the use of any private facilities, services, and property and, when necessary, and when in fact used, provide for payment for that use under the terms and conditions as may be agreed upon.
(j) Take all other preparatory steps, including the partial or full mobilization of emergency organizations in advance of an actual emergency; and order those test exercises needed to insure the furnishing of adequately trained and equipped personnel in time of need.
(Amended by Stats. 1994, Ch. 644, Sec. 1. Effective January 1, 1995.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3/section-8570/

Universal Citation: CA Govt Code § 8570.4 (2018)<https://law.justia.com/citations.html>
8570.4.
The Office of Emergency Services shall update the State Emergency Plan on or before January 1, 2019, and every five years thereafter.
(Added by Stats. 2017, Ch. 106, Sec. 1. (AB 289) Effective January 1, 2018.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3/section-8570.4/

Universal Citation: CA Govt Code § 8572 (2018)<https://law.justia.com/citations.html>
8572.
In the exercise of the emergency powers hereby vested in him during a state of war emergency or state of emergency, the Governor is authorized to commandeer or utilize any private property or personnel deemed by him necessary in carrying out the responsibilities hereby vested in him as Chief Executive of the state and the state shall pay the reasonable value thereof.
Notwithstanding the provisions of this section, the Governor is not authorized to commandeer any newspaper, newspaper wire service, or radio or television station, but may, during a state of war emergency or state of emergency, and if no other means of communication are available, utilize any news wire services, and the state shall pay the reasonable value of such use. In so utilizing any such facilities, the Governor shall interfere as little as possible with their use for the transmission of news.
(Added by Stats. 1970, Ch. 1454.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3/section-8572/

Universal Citation: CA Govt Code § 8588.1 (2018)<https://law.justia.com/citations.html>
8588.1.
(a) The Legislature finds and declares that this state can only truly be prepared for the next disaster if the public and private sector collaborate.
(b) The office may, as appropriate, include private businesses and nonprofit organizations within its responsibilities to prepare the state for disasters under this chapter. All participation by businesses and nonprofit associations in this program shall be voluntary.
(c) The office may do any of the following:
(1) Provide guidance to business and nonprofit organizations representing business interests on how to integrate private sector emergency preparedness measures into governmental disaster planning programs.
(2) Conduct outreach programs to encourage business to work with governments and community associations to better prepare the community and their employees to survive and recover from disasters.
(3) Develop systems so that government, businesses, and employees can exchange information during disasters to protect themselves and their families.
(4) Develop programs so that businesses and government can work cooperatively to advance technology that will protect the public during disasters.
(d) The office may share facilities and systems for the purposes of subdivision (b) with the private sector to the extent the costs for their use are reimbursed by the private sector.
(e) Proprietary information or information protected by state or federal privacy laws shall not be disclosed under this program.
(f) Notwithstanding Section 11005, donations and private grants may be accepted by the office and shall not be subject to Section 11005.
(g) The Disaster Resistant Communities Fund is hereby created in the State Treasury. Upon appropriation by the Legislature, the office may expend the money in the account for the costs associated within this section.
(h) This section shall be implemented only to the extent that in-kind contributions or donations are received from the private sector, or grant funds are received from the federal government, for these purposes.
(Amended by Stats. 2013, Ch. 352, Sec. 128. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-5/section-8588.1/

Universal Citation: CA Govt Code § 8588.2 (2018)<https://law.justia.com/citations.html>
8588.2.
(a) The office may establish a statewide registry of private businesses and nonprofit organizations that are interested in donating services, goods, labor, equipment, resources, or dispensaries or other facilities to further the purposes of Section 8588.1.
(b) If the office establishes a statewide registry pursuant to subdivision (a), the agency shall create and implement protocols and procedures for inclusion onto the statewide registry that do, but are not limited to, all of the following:
(1) Establish eligibility requirements for a private business or nonprofit organization to be included on the statewide registry.
(2) Require the services, goods, labor, equipment, resources, or dispensaries or other facilities donated by a private business or nonprofit organization included on the statewide registry to be provided at no cost to state governmental entities or the victims of emergencies and disasters.
(3) Require the services, goods, labor, equipment, resources, or dispensaries or other facilities donated by a private business or nonprofit organization included on the statewide registry to be safely collected, maintained, and managed.
(4) Require that federal, state, and local governmental entities and nonprofit organizations that are engaged in assisting communities prepare for, respond to, or recover from emergencies and disasters have access to the statewide registry.
(c) A private business or nonprofit organization included on the statewide registry shall reasonably determine all of the following:
(1) Donated services, goods, labor, equipment, resources, or dispensaries or other facilities comply with all applicable federal and state safety laws and licensing requirements.
(2) Donated services, goods, labor, equipment, resources, or dispensaries or other facilities have not been altered, misbranded, or stored under conditions contrary to the standards set forth under federal or state laws or by the product manufacturer.
(3) Donated medicine shall be unopened, in tamper-resistant packaging or modified unit dose containers that meet United States Pharmacopeia standards, and show lot numbers and expiration dates. Medicine that does not meet these standards shall not be donated.
(Amended by Stats. 2013, Ch. 352, Sec. 129. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-5/section-8588.2/

Universal Citation: CA Govt Code § 8588.3 (2018)<https://law.justia.com/citations.html>
8588.3.
(a) The Legislature finds and declares that it is the responsibility of the State of California to protect and preserve the right of its citizens to a safe and peaceful existence. To accomplish this goal and to minimize the destructive impact of disasters and other massive emergencies, the actions of numerous public agencies must be coordinated to effectively manage all four phases of emergency activity: preparedness, mitigation, response, and recovery. In order to ensure that the state's response to disasters or massive emergencies is effective, specialized training is necessary.
(b) The California Specialized Training Institute of the office of the Adjutant General is hereby transferred to the Office of Emergency Services. The institute shall assist the Governor in providing, pursuant to subdivision (f) of Section 8570, training to state agencies, cities, and counties in their planning and preparation for disasters.
(c) The director may solicit, receive, and administer funds or property from federal, state, or other public agency sources for the support and operation of the institute.
(d) The director may solicit and receive firearms, other weaponry, explosive materials, chemical agents, and other items confiscated by or otherwise in the possession of law enforcement officers as donations to the institute if he or she deems them to be appropriate for the institute's training purposes.
(e) Any moneys received by the director from charges or fees imposed in connection with the operation of the institute shall be deposited in the General Fund.
(Amended by Stats. 2013, Ch. 352, Sec. 130. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-5/section-8588.3/

Universal Citation: CA Govt Code § 8588.8 (2018)<https://law.justia.com/citations.html>
8588.8.
Upon the proclamation of a state of emergency declared by the Governor, the Office of Emergency Services shall include, on an appropriate Internet Web site, information about Section 396 of the Penal Code, including information for property owners about the effect of the proclamation on rental price as defined in paragraph (11) of subdivision (j) of Section 396 of the Penal Code.
(Added by Stats. 2018, Ch. 631, Sec. 1. (AB 1919) Effective January 1, 2019..)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-5/section-8588.8/

Universal Citation: CA Govt Code § 8630 (2018)<https://law.justia.com/citations.html>
8630.
(a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body.
(b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.
(c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency.
(d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
(Amended by Stats. 2018, Ch. 395, Sec. 1. (AB 2898) Effective January 1, 2019.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-14/section-8630/

Universal Citation: CA Govt Code § 8665 (2018)<https://law.justia.com/citations.html>
8665.
Any person who violates any of the provisions of this chapter or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment for not to exceed six months or by both such fine and imprisonment.
(Amended by Stats. 1983, Ch. 1092, Sec. 131. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
Universal Citation: CA Govt Code § 8652 (2018)<https://law.justia.com/citations.html>
8652.
Before payment may be made by the state to any person in reimbursement for taking or damaging private property necessarily utilized by the Governor in carrying out his or her responsibilities under this chapter during a state of war emergency or state of emergency, or for services rendered at the instance of the Governor under those conditions, the person shall present a claim to the Department of General Services in accordance with the provisions of the Government Code governing the presentation of claims against the state for the taking or damaging of private property for public use, which provisions shall govern the presentment, allowance, or rejection of the claims and the conditions upon which suit may be brought against the state. Payment for property or services shall be made from any funds appropriated by the state for that purpose.
(Amended by Stats. 2016, Ch. 31, Sec. 63. (SB 836) Effective June 27, 2016.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-16/section-8652/

Universal Citation: CA Govt Code § 8665 (2018)<https://law.justia.com/citations.html>
8665.
Any person who violates any of the provisions of this chapter or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed one thousand dollars ($1,000) or by imprisonment for not to exceed six months or by both such fine and imprisonment.
(Amended by Stats. 1983, Ch. 1092, Sec. 131. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-19/section-8665/

Thanks for this Mike, but I'm having trouble getting a handle on all the info you've listed below. Do you have a summary or analysis of the material? And is this a local activism issue? What do you think the LPSF should do with it? Or perhaps more aptly, what do you think the LPC should do with it? Have you brought it to anyone's attention at the state level?

  I have similar questions with regards to the 10 lawsuits against governor Newsom that Greg mentioned working on during the meeting yesterday. How can/should Libertarians best support these efforts and focus our efforts/resources in a way that makes sense, in your views?

Love & Liberty,

((( starchild )))

I second Starchild's questions.

Thanks Starchild,

Here's the summary below. I found that the actual code was not that long so I just started sending that version rather than making people go to the links to see it.

I sent to activists because I promised it on our activists meeting yesterday.

Regarding what we can do with it, I've found it very compelling on Nextdoor discussions. In fact, I've posted it twice and people reacted so strongly to actually seeing that the government is breaking the law. It was even removed as a posting because someone said I was lying even though every word came from the government website. So it is clearly making some people nervous to note this is getting out to people.

I haven't sent anything to the state LP. Should I send to Mimi? Anyone else?

Mike

Emergency Services Act

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/

Section 8550 - granting authority

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-1/section-8550/

Section 8558 - State of emergency (disease)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-2/section-8558/

Section 8560 - Make Emergency Play

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-2/section-8560/

Section 8565 - Granting Governor Power

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3/section-8565/

Section 8566 - Power of the purse

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3/section-8566/

Section 8567 - Authorizing governor's orders

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3/section-8567/

Section 8570(i) - Use of compensated private resources

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3/section-8570/

Section 8570.4 - Update plan by Jan 1, 2019 (not done)

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3/section-8570.4/

Section 8572 - Governor is authorized to commandeer or utilize any private property or personnel deemed by him necessary in carrying out the responsibilities hereby vested in him as Chief Executive of the state and the state shall pay the reasonable value thereof.

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-3/section-8572/

Section 8588.1(b) - The office may, as appropriate, include private businesses and nonprofit organizations within its responsibilities to prepare the state for disasters under this chapter. All participation by businesses and nonprofit associations in this program shall be voluntary.

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-5/section-8588.1/

Section 8588.2 - Terms of involving private businesses

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-5/section-8588.2/

Section 8588.3(a) - The Legislature finds and declares that it is the responsibility of the State of California to protect and preserve the right of its citizens to a safe and peaceful existence. To accomplish this goal and to minimize the destructive impact of disasters and other massive emergencies, the actions of numerous public agencies must be coordinated to effectively manage all four phases of emergency activity: preparedness, mitigation, response, and recovery.

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-5/section-8588.3/

Section 8588.8 - Shall provide a website with information about the impact of the orders on rental prices

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-5/section-8588.8/

Section 8630 - Local emergency (a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body.

(b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.

(c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency.

(d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-14/section-8630/

Before payment may be made by the state to any person in reimbursement for taking or damaging private property necessarily utilized by the Governor in carrying out his or her responsibilities under this chapter during a state of war emergency or state of emergency, or for services rendered at the instance of the Governor under those conditions, the person shall present a claim to the Department of General Services in accordance with the provisions of the Government Code governing the presentation of claims against the state for the taking or damaging of private property for public use, which provisions shall govern the presentment, allowance, or rejection of the claims and the conditions upon which suit may be brought against the state. Payment for property or services shall be made from any funds appropriated by the state for that purpose.

https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-16/section-8652/

Section 8665 - Penalties for non-compliance with orders https://law.justia.com/codes/california/2018/code-gov/title-2/division-1/chapter-7/article-19/section-8665/

I guess it depends what we're trying to do, Mike. I'd like to hear Greg's thoughts. I do think having a brief summary/analysis beyond the simple allegation that government is breaking the law would be very useful. Most people aren't going to want to pore over all that code (relatively short by government standards as it may be) and figure out on their own how it all adds up and sorts out.

  Certainly it wouldn't hurt to inform Mimi (copied on this email).Having the codes linked from the LPC website could bolster an argument there against the Covid-19 mandates or in support of the recall of Gavin Newsom which I assume the state party will be supporting if it is not officially doing so already.

  Perhaps Richard could bring it to the state Executive Committee as an alternate representative in the form of some kind of motion, although you might want to come up with an "ask" of what you'd like them to do about it.

Love & Liberty,

((( starchild )))

Unfortunately, alternates cannot make motions (unless an at large is
absent). I would have to ask another EC member to do so.

Thank you Starchild,

The key points are:

  1. The governor has the power to do what needs to be done in a disease situation and spend money to do it.
  2. The governor can plan for the use of private resources and compensate the owners of those resources
  3. The governor can commandeer or utilize any private property or personnel deemed by him necessary in carrying out the responsibilities hereby vested in him as Chief Executive of the state and the state shall pay the reasonable value. (Think the shutting down of businesses deemed "non-essential" or restricting the free trade of others)
  4. That all involvement of businesses and non-profits shall be Voluntary
  5. It is the responsibility of the State of California to protect and preserve the right of its citizens to a safe and peaceful existence. To accomplish this goal and to minimize the destructive impact of disasters and other massive emergencies, the actions of numerous public agencies must be coordinated to effectively manage all four phases of emergency activity: preparedness, mitigation, response, and recovery.
  6. Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (Here in SF it is by edict of our "Health Officer")
  7. The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency.
  8. Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.
  9. The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency.
  10. The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
  11. Before payment may be made by the state to any person in reimbursement for taking or damaging private property necessarily utilized by the Governor in carrying out his or her responsibilities under this chapter during a state of war emergency or state of emergency, or for services rendered at the instance of the Governor under those conditions, the person shall present a claim to the Department of General Services in accordance with the provisions of the Government Code governing the presentation of claims against the state for the taking or damaging of private property for public use, which provisions shall govern the presentment, allowance, or rejection of the claims and the conditions upon which suit may be brought against the state. Payment for property or services shall be made from any funds appropriated by the state for that purpose.

Mike